Agenda - 09-03-1996 - V-C - Laserfiche WebLink

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Au -29-96 09: 12A Coleman Gledhill Har rave 919 732-7997 10 - §115C-506 ART, 36. TAX SUPPLEMENTS FOR SCHOOLS §1150-506 • CASE NOTES w Time for Holding Subsequent Moo- election on the subject-Weesner v.Daw tion Revoking Local Tax.—The ps- idson County, 182 N.C. 604, 109 S.E. rind in which no election may be had 863(1921),decided under former corre- should be computed from the last valid sponding provisions. § 115C-506. Action of board of county Commis- sioners or governing body of munici- pality. Petitions requestin special school elections and bearing the ap- proval of the board of education of the local school administrative unit shall be presented to the board of county commissioners,and it - shall be the duty of said board of county commissioners to call an election and fix the date for the same: Provided, that the board of education requesting the election may,for any reason deemed suffi- _ t cient by said board which shall be specified and recorded in the minutes of the board,withdraw the petition by the twenty-fifth day 'I before the election,and if the petition be so withdrawn,the election shall not be held unless by some other provision of law the holding - of such election is mandatory. In the case of a city administrative -_ unit in any incorporated city or town and formed from portions of contiguous counties,said petition shall be presented to the govern- ing body of the city or town situated within, coterminous with, or _=-- embracing such city administrative unit, and the election shall be ordered by said governing body,and said governing body shall per- form all the duties pertaining to said election performed by the board of county commissioners in elections held under this Article. (1955,c. 1372,art. 14,s.6; 1959,c. 72; 1981,c.423,s. 1; 1993(Reg. - Sess., 1994), c. 762, s. 9.) i Editor's Note.—Session Laws 1993 Effect of Amendments.—The 1993 1 (Reg.Sees.,1994),c.762,a.73 provides, (Reg.Secs., 1994)amendment,effective -- I in part. "Prosecutions for, or sentences Jana.-• 1, 1995, and applicable to all based on, offenses occurring before the primax.es and elections occurring on or -` effective date of any section of this act after that date, substituted "by the are not abated or affected by this act and twenty-fifth day before the election"for the statutes that would be applicable to "before the close of the registration those prosecutions or sentences but for books" in the proviso in the first een- - the provisions of this act remain applica- tence. ble to those prosecutions or sentences." T CASE NOTES I Duty of County Commissioners only and may be enforced by mandamus. Ministerial. — The county commis- Board of Educ. v. Board of County sioners have no discretion to order or not Comm're, 189 N.C. 650, 127 S.E. 692 • order an election.After the board of edu. (1925), decided under former corre- cation has approved the petition, the spwWing provision. -- L duty of the commissioners is ministerial 1 tit.. ' 385