NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 779

HOUSE BILL 851

 

 

AN ACT TO CONSOLIDATE THE LEE COUNTY SCHOOL ADMINISTRATIVE UNIT AND THE SANFORD CITY SCHOOL ADMINISTRATIVE UNIT; TO PROVIDE FOR THE ELECTION OF THE MEMBERS OF THE CONSOLIDATED BOARD OF EDUCATION; TO SUBMIT THE QUESTION OF CONSOLIDATION WITH A COUNTY-WIDE SUPPLEMENTARY TAX TO A VOTE OF THE ELECTORS OF LEE COUNTY.

 

The General Assembly of North Carolina do enact:

 

Section 1. As used in this Act certain terms are defined as follows:

(a)       The term "City Board" shall mean the Sanford City Board of Education.

(b)       The term "County Board" shall mean the Lee County Board of Education.

(c)       The term "City Administrative Unit" shall mean the geographical territory over which the City Board exercises authority in operating the public schools of said Unit.

(d)       The term "County Administrative Unit" shall mean the geographical territory over which the Lee County Board of Education exercises authority in operating the public schools of said Unit.

(e)       The term "Consolidated Board" shall mean the Lee County Consolidated Board of Education, the governing authority, or the administrative unit having charge of, operating and administering all of the public schools within Lee County after the merger or consolidation of the County Board and County Administrative Unit and the City Board and City Administrative Unit as provided in this Act.

(f)        The term "County Commissioners" shall mean the Board of County Commissioners of Lee County.

Sec. 2. The County Commissioners may call an election in Lee County within seven months from and after the effective date of this Act for the purpose of submitting to the electors of Lee County the question of whether or not the Lee County Board of Education and the Sanford City Board of Education shall be merged or consolidated into one board of education or school administrative unit to the end that all of the public schools of Lee County shall be administered or operated by one governing authority or administrative unit, and in conjunction with said merger the question of whether or not there shall be authorized and provided a supplemental school tax not to exceed thirty cents (30¢)          on the one hundred dollars ($100.00) valuation of property in Lee County, which shall be in lieu of the existing school tax for the City Administrative Unit. The ballot to be printed and used in said referendum or election shall be substantially as follows:

 

VOTE FOR ONE:

 

[ ]       For a merger or consolidation of the Lee County Board of Education and the Sanford City Board of Education, and For Local Tax.

[ ]       Against the merger or consolidation of the Lee County Board of Education and the Sanford City Board of Education, and Against Local Tax.

Voting machines may be used for such election. The said election shall be held and conducted under the laws and regulations contained in G. S. 115-122 and any other pertinent provisions of Article 14 of Chapter 115 of the General Statutes, as revised and amended. If these provisions do not deal with or cover all necessary procedure, then the laws and regulations governing the election of county officers as provided in Chapter 163 of the General Statutes, as revised and amended, shall be in force and effect. The County Commissioners are hereby authorized to request the Lee County Board of Elections to hold and conduct said election, and when such request is made it shall be the duty of the said Board of Elections to hold and conduct such election according to the provisions of law heretofore referred to. The County Commissioners are hereby authorized to appropriate and make available a sufficient sum of money to defray the expenses of said election.

Sec. 3. If a majority of the electors voting in said election approve said merger or consolidation of the County Board and the City Board, then such merger or consolidation shall go into effect as hereinafter provided, and said supplemental tax shall be levied and collected beginning with the fiscal year commencing July first next following such election. If a majority of the electors voting in such election do not approve said merger or consolidation and the supplementary tax, then the same shall not go into effect and all provisions of this Act relating to such merger or consolidation shall be null and void, the status of the City Board and the County Board shall be and remain the same as existed prior to the passage of this Act, and the supplementary tax heretofore voted for the City Administrative Unit shall continue in full force and effect.

Sec. 4. If a majority of those voting in the election heretofore provided and referred to shall approve a merger or consolidation of the County Board and City Board then, and in that event, the said County Board and City Board shall nevertheless continue to administer, operate and control their respective administrative units with the same powers and duties as before until the first Monday in April, 1969, when the County Board and City Board shall be replaced by the Consolidated Board as hereinafter provided. The county superintendent and the city superintendent shall continue to administer and supervise their respective administrative units until June 30, 1969.

Sec. 5. If a majority of those voting in the election heretofore provided and referred to shall approve a merger or consolidation of the County Board and City Board, then the terms of office of the superintendents of schools heretofore employed by the City Board and the County Board, respectively, shall terminate on June 30, 1969. On the first Monday in April, 1969, the superintendent of schools shall be elected by the Consolidated Board and shall serve his term of office beginning July 1, 1969, until June 30, 1971. Thereafter, the election of the superintendent of schools for Lee County shall be in the manner provided by the general school law.

Sec. 6. If the electors of Lee County approve the merger or consolidation of the County Board and City Board as herein provided, then there is hereby constituted and established a Consolidated Board which shall be known and designated as: "The Lee County Consolidated Board of Education," and at the time of the primary for the election of county officers for Lee County to be held in the year 1968, there shall be elected seven persons from the county at large. Each candidate for membership on the Consolidated Board must be a resident and elector of Lee County. The names of the candidates shall be placed on a separate ballot bearing no party designation and no party affiliation need be indicated at the time of filing. Candidates shall file by 12:00 noon on or before the Friday preceding the sixth Saturday before the date on which the election is to be held and each candidate shall pay a filing fee of ten dollars ($10.00) and certify in writing that he is a bona fide resident and elector of Lee County. The seven candidates receiving the highest number of votes shall be declared elected. Voting machines may be used for such elections. The two candidates elected by the highest number of votes shall serve a term of six years. The two candidates elected by the next highest number of votes shall serve a term of four years. The remaining three candidates elected shall serve a term of two years. Thereafter, all successors in office of such members shall serve for terms of six years. At the time of the election of county officers in 1970, and biennially thereafter, the same number of persons shall be elected as the number of members whose terms shall expire in that year. All vacancies in the office of the members of the Consolidated Board shall be filled by the remaining members of the Consolidated Board. An appointment to fill a vacancy on the Consolidated Board shall be only for that portion of the unexpired term between the time of appointment and the next school board election and at such next school board election, the remaining portion of the unexpired term shall be filled by election. Candidates for the unexpired term must signify and designate they are filing for such term. The members of the Consolidated Board shall be inducted into and take the oath of office on the first Monday in April, 1969, unless prevented by sickness or other cause over which he has no control, and then as soon as reasonably possible. All members of the Consolidated Board shall hold office until their successors are duly elected and qualified. The election of said members of the Consolidated Board shall be held, conducted and supervised by the Lee County Board of Elections and, except as herein provided, the laws and regulations for the election of county officers shall be in full force and effect.

Sec. 7. The Consolidated Board shall exercise all of the powers, authority and duties as now exercised and performed by the existing County and City Boards, as provided by Chapter 115 of the General Statutes, as revised and amended, and as provided by any Session Law, Public-Local or Private Act of the General Assembly of North Carolina pertaining to the Lee County Board of Education.

Sec. 8. On or after the first Monday of April, 1969, the title of all property of any nature whatsoever now owned by the County Board and the City Board shall, as soon as practical, be vested in and transferred to the Consolidated Board. The Consolidated Board shall own and have control of all structures, buildings, facilities, residuum of title, land, papers, documents, books, records, accounts, letters, claims, demands, all unexpended balances of funds, surplus funds, proceeds of State School Bonds, and all moneys whatsoever which heretofore belonged to either board and the same shall be and is hereby transferred to the Consolidated Board. The City Board and the County Board, and their members irrespective of any termination of office or authority set forth in the preceding Sections of this Act, shall have and retain the needful and necessary power and authority to execute, and shall execute, any and all deeds, writings, instruments and documents necessary to vest title to any and all property of any kind or description whatsoever in which either board might have an interest of any kind, in the Consolidated Board. All claims and demands, liabilities and obligations of the City Board and the County Board whatsoever shall become and be the claims, demands, liabilities and obligations of the Consolidated Board and shall be enforced for as well as against the Consolidated Board.

Sec. 9. The members of the Consolidated Board shall each receive the sum of ten dollars ($10.00) a meeting as compensation for services and mileage. The Consolidated Board shall hold at least one meeting each month but may hold as many meetings as are necessary.

Sec. 10. All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 11. This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 14th day of June, 1967.