Agenda - 11-13-2012 - 3 - Laserfiche WebLink

Browse Search

18 ATTACHMENT N TO: Michael Talbert, Assistant County Manager Cc: Frank Montes de Oca, Emergency Services Director John Roberts, County Attorney FROM: Annette M. Moore, Staff Attorney RE: Fire Service Districts DATE: October 9, 2012 The County Attorney's Office was asked to provide a legal opinion on the how to implement fire service districts in the County. Below is an excerpt from the Memorandum I drafted for the County Manager on September 1, 2011. County Service Districts The County is authorized to define one or more areas within the county to establish a service district to fund fire protection services! A service district within a county is not a municipal corporation nor does it have any independent authority. The service district is established and maintained by the county. Creation of a Fire Service District To create a service district the board of commissioners must first consider all of the following: 1. The resident population and population density of the proposed district; 2. The appraised value of the property subject to taxation in the proposed district; 3. The present tax rates of the county and any city or special district tax in which the district or any portion is located; 4. The ability of the proposed district to sustain additional taxes; and 5. Any other matters the board believes to have a bearing on whether the district should be established . 2 The Board may then establish a service district if, upon information and evidence it receives, it finds that all of the following apply: 1. There is a demonstrable need for providing the service in the district; 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; and 4. There is a demonstrable demand for the proposed services by persons residing in the district.3 1 N.C.G.S. § 153A -301 2 N.C.G.S. § 153A- 302(a) 1