A BILL TO BE ENTITLED
AN ACT to include the town of duck as a MUNICIPALITY authorized to REGULATE and control swimming, personal watercraft, surfing, and littering in the atlantic ocean and other WATERWAYS adjacent to that portion of the town within its boundaries or within its extraterritorial jurisdiction and to DESIGNATE the town council of the town of Duck as the governing body of the duck area BEAUTIFICATION district.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 160A‑176.2(b) reads as rewritten:
"(b) Subsection (a) of this section applies to the Towns of Atlantic Beach, Cape Carteret, Carolina Beach, Caswell Beach, Duck, Emerald Isle, Holden Beach, Kill Devil Hills, Kitty Hawk, Long Beach, Manteo, Nags Head, Ocean Isle Beach, Southern Shores, Sunset Beach, Topsail Beach, Wrightsville Beach, and Yaupon Beach, and the City of Southport only."
SECTION 2. Section 4 of Chapter 991 of the 1983 Session Laws, Regular Session 1984, reads as rewritten:
"Sec. 4.  District Established; Tax Levy.  If a majority of the qualified voters voting in an election called under Section 1 of this act vote in favor of creating the Duck Area Beautification District and authorizing the levy and collection of an ad valorem tax in the district, the Dare County Board of Commissioners shall, upon receipt of a certified copy of the election results, adopt a resolution creating the Duck Area Beautification District and shall file a copy of the resolution with the clerk of superior court of Dare County. The Town Council of the Town of Duck may annually levy an ad valorem tax on all taxable property in the district in an amount the board considers necessary to provide for the installation of underground power lines, not to exceed ten cents (10¢) for each one hundred dollars ($100.00) taxable valuation of property.  The proceeds of this tax shall be used only to provide for the underground installation of power lines in the district."
SECTION 3.  Section 5 of Chapter 991 of the 1983 Session Laws, Regular Session 1984, reads as rewritten:
"Sec. 5.  Nature of District; Governing Body.  If created, the Duck Area Beautification District shall be a body politic and corporate and shall have the power to provide for the installation of underground power lines and do all acts reasonably necessary to fulfill this purpose.  The Town Council of the Town of Duck shall serve, ex officio, as the governing body of the district, and the officers of the board of county commissioners shall likewise serve as the officers of the governing body of the district.  A simple majority of the governing body constitutes a quorum, and approval by a majority of those present is sufficient to determine any matter before the governing body, if a quorum is present."
SECTION 4.  Section 4 of S.L. 1993‑610 reads as rewritten:
"Sec. 4.  Governing Body. – All matters relative to the construction and maintenance of the sidewalks shall be decided by the Town Council of the Town of Duck, which is the governing body of the Duck Area Beautification District as provided in Chapter 991 of the 1983 Session Laws."
SECTION 5.  Any Duck Area Beautification District tax levied by the Dare County Board of Commissioners pursuant to Chapter 991 of the 1983 Session Laws, Regular Session 1984, for the 2002 and prior tax years shall continue to be valid on and after the effective date of this act.
SECTION 6.  Sections 2 through 5 of this act become effective January 1, 2003. The remainder of this act is effective when it becomes law.