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Agenda - 06-23-2005-7b
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Agenda - 06-23-2005-7b
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8/29/2008 6:57:24 PM
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8/29/2008 10:33:18 AM
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BOCC
Date
6/23/2005
Document Type
Agenda
Agenda Item
7b
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Minutes - 20050623
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\Board of County Commissioners\Minutes - Approved\2000's\2005
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(~ <br />Board of Commissioners Page 2 January 4, 1990 <br />Carrboro supplemental tax could be abolished, either by vote <br />(as provided for by N.C,G.S. §115C-501(e)) or by local act. of <br />the General Assembly. <br />The statutory authority for the school district tax is <br />found in Article 36 of N.C.G.S. Chapter 115C. That article was <br />adopted by the General Assembly in 1955. Prior to that time, <br />supplemental taxes were customarily created by special act of <br />the General Assembly. were the County to choose to create a <br />county-wide supplemental tax, such a tax could be established <br />in either of two ways: by the process set out by N,C,G.S. <br />Chapter 115, Article 36 or b_v obtaining special legislation <br />from the General Assembly. The statutory procedure is outlined <br />below. <br />To establish the supplemental tax by the statutory <br />procedure requires a majority vote of the people. gnly the <br />c board of county commissioners may call such an election, The <br />board of commissioners may call an election of its own <br />initiative. N,C.G.S. §115C-501(a). The board of commissioners <br />must call an election if it receives a petition from the board <br />of education in the district in which the tax is proposed, <br />which petition requests an election and is approved by the <br />board of education, N.C.G.S. §1150-506. The board of <br />education, in turn, has two ways of petitioning the board of <br />o commissioners for an election. The board of education may <br />bring a petition to the board of commissioners on the former's <br />own initiative. The board of education may also receive a <br />petition from 25€ of the qualified voters residing in the <br />~ district, approve that petition and in turn petition the board <br />c of commissioners. N.C.G.S. §1150-50.3. The board of education, <br />however, has the authority to deny a petition seeking the <br />establishment of a supplemental tax. <br />L <br />u <br />North Carolina General Statutes §115C-507 provides for the <br />notice of the election and form of the ballot, Pursuant to <br />N.C.G.S. §11.5C-507, the tax, which may not exceed 50tr per $100 <br />valuation by N.C.G.S. §115C-502, is effective the next fiscal <br />year following the election. N.C.G,S. §1150-508. The county <br />collects the supplemental tax in the same manner as county <br />taxes, and collections are to be remitted to the school <br />district within ten days cf the close of each calendar month, <br />N.C.G.S. §115C-511. The county may, if it chooses, deduct from <br />the amount collected the actual additional cost to the county <br />of levying, computing, billing and collecting the tax. Id. <br />
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