Orange County NC Website
5f <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 by 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. only the <br />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. §115C -506. The board of <br />education, in turn, has two ways of petitioning the board of <br />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 />of commissioners. N.C.G.S. §1150 -503. The board of education, <br />however, has the authority to deny a petition seeking the <br />establishment of a supplemental tax. <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. §1150 -507, the tax, which may not exceed 506 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. §115C -506. 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 of 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 />