Agenda - 06-07-2011 - 8c - Laserfiche WebLink

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Attachment 2 4 Extract from Session Law 2009-527 (also known as House Bill 148) "§ 105-510.6. Limitations. A transportation authority may not levy a tax under Part 3A or 3B of this Article unless: 1. It operates a public transportation system. 2. It has developed a financial plan and distributed it to each unit of local government located within its territorial jurisdiction. The plan must be approved by the board of commissioners of each county in the district prior to the levy of the tax. If the board of commissioners of a-county in a multicounty district does not adopt the -plan, the transportation authority may remove that county from the district, and no tax may be levied in that county under this Part. The financial plan must provide for equitable use of the net proceeds within- or to benefit the special district created under Part 3A or Part 3B of this Article and consider is the identified needs of local public transportation systems in the district, ii. human service transportation systems within the district, and iii. expansion of public transportation systems to underserved areas of the district. The financial plan must also be approved by all Metropolitan Planning Organizations -under Article 16 of Chapter 136 of the General Statutes whose jurisdiction includes any of the area of the special district. The plan may be revised from time to time. An interlocal agreement between the transportation authority and all the counties in the special district may require periodic review and approval of the financial-plan. 3. The tax is approved by the voters. § 105-510.7. Distribution and use of taxes. (a) Distribution. - The Secretary shall, on a monthly basis, allocate to-each special district the net proceeds of the tax levied under this Part within the special tax district, to be used for the benefit of that district. (b) Use. - A special district must expend the net proceeds distributed to it in accordance with its financial plan adopted pursuant to G.S. 105-510.6 and use the net proceeds only for financing, constructing, operating, and maintaining public transportation systems. The special district shall use the net proceeds to supplement and not to supplant or replace existing funds or other resources for public transportation systems.