GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2017

H D

HOUSE BILL DRH30431-BDx-11A

Short Title: Recreation Service District - Johnston County.		(Local)
Sponsors:	Representatives White and Strickland (Primary Sponsors).
Referred to:

A BILL TO BE ENTITLED

AN ACT TO AUTHORIZE johnston county TO ESTABLISH A RECREATION SERVICE DISTRICT by referendum.

The General Assembly of North Carolina enacts:

SECTION 1. This act applies only to Johnston County.

SECTION 2. G.S. 153A‑302 reads as rewritten:

"§ 153A‑302. ~~Definition of service districts.~~Procedure for establishing service districts.

(a) Standards. – In determining whether to establish a proposed service district, the board of commissioners shall consider all of the following:

(1) The resident or seasonal population and population density of the proposed district.

(2) The appraised value of property subject to taxation in the proposed district.

(3) The present tax rates of the county and any cities or special districts in which the district or any portion thereof is located.

(4) The ability of the proposed district to sustain the additional taxes necessary to provide the services planned for the district.

(5) If it is proposed to furnish water, sewer, or solid waste collection services in the district, the probable net revenues of the projects to be financed and the extent to which the services will be self‑supporting.

(6) Any other matters that the commissioners believe to have a bearing on whether the district should be established.

(a1) Findings. – The board of commissioners may establish a service district in accordance with this section if, upon the information and evidence it receives, the board finds that all of the following apply:

(1) There is a demonstrable need for providing in the district one or more of the services listed in G.S. 153A‑301.

(2) It is impossible or impracticable to provide those services on a countywide basis.

(3) It is economically feasible to provide the proposed services in the district without unreasonable or burdensome annual tax levies.

(4) There is a demonstrable demand for the proposed services by persons residing in the district.

Territory lying within the corporate limits of a city or sanitary district may not be included unless the governing body of the city or sanitary district agrees by resolution to such inclusion.

(b) Report. – Before the public hearing required by subsection (c), the board of commissioners shall cause to be prepared a report containing:

(1) A map of the proposed district, showing its proposed boundaries;

(2) A statement showing that the proposed district meets the standards set out in subsection (a); and

(3) A plan for providing one or more of the services listed in G.S. 153A‑301 to the district.

The report shall be available for public inspection in the office of the clerk to the board for at least four weeks before the date of the public hearing.

(c) Hearing and Notice. – The board of commissioners shall hold a public hearing before ~~adopting any resolution defining~~ establishing a new service district under this section. Notice of the hearing shall state the date, hour, and place of the hearing and its subject, and shall include a map of the proposed district and a statement that the report required by subsection (b) is available for public inspection in the office of the clerk to the board. The notice shall be published at least once not less than one week before the date of the hearing. In addition, it shall be mailed at least four weeks before the date of the hearing by any class of U.S. mail ~~which~~ that is fully prepaid to the owners as shown by the county tax records as of the preceding January 1 (and at the address shown thereon) of all property located within the proposed district. The person designated by the board to mail the notice shall certify to the board that the mailing has been completed and ~~his~~ the certificate is conclusive in the absence of fraud.

(c1) Procedure. – After complying with subsections (a) through (c) of this section, the board of commissioners may establish a service district as provided in this subsection. For any of the purposes set out in G.S. 153A‑301, a service district may be established by resolution of the board of commissioners. A recreation service district may also be established by an advisory referendum in which a majority of the voters voting within the proposed recreation service district vote in favor of the establishment of the recreation service district. To establish a recreation service district by advisory referendum, the board of county commissioners shall file with the county board of elections an accurate description of the proposed district boundaries and direct the county board of elections to conduct an advisory referendum within the proposed recreation service district. The county board of commissioners shall pay the expense of the election. The election shall be held in accordance with the applicable provisions of Article 27 of Chapter 163A of the General Statutes. The form of the question as stated on the ballot shall be in substantially the following words:

"[ ] FOR establishing the ____________ recreation service district of Johnston County.

[ ] AGAINST establishing the ___________ recreation service district of Johnston County."

If a majority of the voters voting in the election vote in favor of the establishment of the recreation service district, the board of commissioners may adopt a resolution establishing the recreation service district.

(d) Effective Date. – The resolution ~~defining~~establishing a service district shall take effect at the beginning of a fiscal year commencing after its passage, as determined by the board of commissioners.

…."

SECTION 3. This act is effective when it becomes law.