NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

 

 

CHAPTER 307

SENATE BILL 57

 

 

AN ACT TO AUTHORIZE COASTAL COUNTIES TO LEVY TAXES, MAKE APPROPRIATIONS, AND ISSUE BONDS FOR THE PURPOSE OF FINANCING BEACH EROSION CONTROL, PRESERVATION, AND RESTORATION ACTIVITIES AND FLOOD AND HURRICANE PROTECTION PROJECTS AND PROVIDING THAT EXPENDITURES FOR SUCH PURPOSES SHALL BE A SPECIAL PURPOSE AND NECESSARY EXPENSE.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Section 9 of Chapter 153 of the General Statutes of North Carolina is hereby amended by adding thereto a new subdivision, to be numbered "(56)", and to read as follows:

"(56)    Beach Erosion Control. In those counties bounded in whole or in part by the Atlantic Ocean, to appropriate funds to finance the acquisition, construction, extension, improvement or enlargement of groins, jetties, dikes, moles, walls, sand dunes, vegetation, or other types of works or improvements which are designed for the control of beach erosion or for protection from floods and hurricanes or for the preservation or restoration of facilities and natural features which afford protection to the beaches and other land areas of the county and to the life and property thereon. Expenditures by counties for these purposes are hereby declared to be a special purpose and a necessary expense, and all such counties shall have authority and are hereby given special approval to levy special taxes, not to exceed ten cents (10¢) on the one hundred dollar ($100.00) valuation, and to appropriate tax and nontax money for such purposes."

Sec. 2.  Section 77 of Chapter 153 of the General Statutes of North Carolina is hereby amended by adding thereto a new subdivision to be numbered "(21)" and to read as follows:

"(21)    To provide for the acquisition, construction, reconstruction, extension, improvement or enlargement of groins, jetties, dikes, moles, walls, sand dunes, vegetation, or other types of works or improvements which are designed for the control of beach erosion or for protection from flood and hurricanes or for the preservation or restoration of facilities and natural features which afford protection to the beaches and other land areas of the county and to the life and property thereon. The authority granted in this subdivision shall apply only to those counties which are in whole or in part bounded by the Atlantic Ocean."

Sec. 3.  Should any Section, clause, or provision of this Act be declared by the courts to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the Act as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.

Sec. 4.  All laws and clauses of laws in conflict with this Act are hereby repealed to the extent of such conflict.

Sec. 5.  This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 27th day of April, 1965.