North Carolina § 69-25 - 1. Election to be held upon petition of voters.

§ 69-25. 1. Election to be held upon petition of voters.

Upon the petition of thirty-five percent (35%) of the resident freeholders living in an area lying outside the corporate limits of any city or town, which area is described in the petition and designated as "__________ (Here insert name) Fire District," the board of county commissioners of the county shall call a special election in said district for the purpose of submitting to the qualified voters therein the question of levying and collecting a special tax on all taxable property in said district, of not exceeding fifteen cents (15 › ) on the one hundred dollars ($100.00) valuation of property, for the purpose of providing fire protection in said district. The county tax office shall be responsible for checking the freeholder status of those individuals signing the petition and confirming the location of the property owned by those individuals. Unless specifically excluded by other law, the provisions of Chapter 163 of the General Statutes concerning petitions for referenda and special elections shall apply. If the voters reject the special tax under the first paragraph of this section, then no new election may be held under the first paragraph of this section within two years on the question of levying and collecting a special tax under the first paragraph of this section in that district, or in any proposed district which includes a majority of the land within the district in which the tax was rejected. Upon the petition of thirty-five percent (35%) of the resident freeholders living in an area which has previously been established as a fire protection district and in which there has been authorized by a vote of the people a special tax not exceeding ten cents (10 › ) on the one hundred dollars ($100.00) valuation of property within the area, the board of county commissioners shall call a special election in said area for the purpose of submitting to the qualified voters therein the question of increasing the allowable special tax for fire protection within said district from ten cents (10 › ) on the one hundred dollars ($100.00) valuation to fifteen cents (15 › ) on the one hundred dollars ($100.00) valuation on all taxable property within such district. Special elections on the question of increasing the allowable tax rate for fire protection shall not be held within the same district at intervals less than two years. History (1951, c. 820, s. 1; 1953, c. 453, s. 1; 1959, c. 805, ss. 1, 2; 1983, c. 388, ss. 1, 1.1; 2002-159, s. 55(g); 2013-381, s. 10.6; 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 6.1.) Local Modification. - (As to Article 3A) Alexander: 1993, c. 237, s. 1; Caldwell, Chatham: 1985, c. 502; 1985 (Reg. Sess., 1986), c. 940; 1987, c. 235; Cleveland: 1987 (Reg. Sess., 1988), c. 960; Guilford: 1973, c. 263; Harnett: 1989 (Reg. Sess., 1990), c. 932; Henderson: 2014-26, s. 5(a); Lee: 1985, c. 502; 1985 (Reg. Sess., 1986), c. 940; 1987, c. 235; Randolph: 1989 (Reg. Sess., 1990), c. 993; Robeson: 1987, c. 560; Scotland: 1969, c. 855 (garnishment and attachment and lien for collection of delinquent fire protection service charges); Wake: 1955, c. 169, ss. 1-3; 1987 (Reg. Sess., 1988), c. 959; (As to Article 3A) 2019-96, s. 1; Wayne: 1985, c. 502; 1985 (Reg. Sess., 1986), c. 940; 1987, c. 235; town of Richfield: 1989 (Reg. Sess., 1990), c. 943, s. 1; Ellenboro Fire Protection District in Rutherford County: 1985, c. 254, ss. 1, 3.2; Stokesdale Fire Protection District in Guilford and Rockingham Counties: 2015-128, s. 9(a), (c) (expires December 1, 2016 or upon conclusion of special elections). Re-recodification; Technical and Conforming Changes. - Session Laws 2017-6, s. 3, provides, in part: "The Revisor of Statutes shall recodify Chapter 138A of the General Statutes, Chapter 120C of the General Statutes, as well as Chapter 163 of the General Statutes, as amended by this act, into a new Chapter 163A of the General Statutes to be entitled `Elections and Ethics Enforcement Act,' as enacted by Section 4 of this act. The Revisor may also recodify into the new Chapter 163A of the General Statutes other existing statutory laws relating to elections and ethics enforcement that are located elsewhere in the General Statutes as the Revisor deems appropriate." The Revisor was further authorized to make additional technical and conforming changes to catchlines, internal citations, and other references throughout the General Statutes to effectuate this recodification. Pursuant to this authority, the Revisor of Statutes substituted "Subchapter III of Chapter 163 A" for "Chapter 163" in the first paragraph. Session Laws 2018-146, ss. 3.1(a), (b), and 6.1, repealed Session Laws 2017-6, s. 3, and authorized the Revisor of Statutes to re-recodify Chapter 163A into Chapters 163, 138A, and 120C and to revert the changes made by the Revisor pursuant to Session Laws 2017-6, s. 3. Pursuant to this authority, the Revisor of Statutes reverted the changes to references in the first paragraph. Editor's Note. - Session Laws 1951, c. 820, which enacted this section, in s. 9, repealed all laws and clauses of laws, except public-local and private laws, in conflict with its provisions. Session Laws 2013-381, s. 10.32, made the amendment to this section by Session Laws 2013-381, 10.6, applicable to special elections held on or after January 1, 2014. Session Laws 2016-23, s. 11(b), provides: "The governing body of a county that gains territory as a result of the boundary certification described in this act shall meet as soon as practicable after the date this act becomes law to determine whether the residents of the territory (i) require the services provided by an existing rural fire protection district established under Article 3A of Chapter 69 of the General Statutes or a county service district established under Article 16 of Chapter 153A of the General Statutes or (ii) would benefit from the services provided by an existing county water and sewer district established under Article 6 of Chapter 162A of the General Statutes. If the governing body finds that the residents of the territory require or would benefit from the services of the district, the governing body shall annex the territory to the district as provided in G.S. 69-25.11(1), 153A-303, and 162A-87.1." "[T]his act," referred to above, is Session Laws 2016-23, which dealt with the North Carolina-South Carolina boundary. Session Laws 2016-23, s. 12(a), is a severability clause. Effect of Amendments. - Session Laws 2013-381, s. 10.6, effective January 1, 2014, substituted "a special" for "an" following "shall call" twice, and added "special" preceding "elections" twice. For applicability, see editor's note.