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18 <br /> ATTACHMENT 14 <br /> MEMORANDUM <br /> TO: Michael Talbert, Assistant County Manager <br /> Cc: Frank Montes de Oca, Emergency Services Director <br /> John Roberts, County Attorney <br /> FROM: Annette M. Moore, Staff Attorriey <br /> RE: Fire Service Districts <br /> DATE: October 9, 2012 <br /> The County Attorney's Office was asked to provide a legal opinion on the how to <br /> implement fire service districts in the County. Below is an excerpt from the Memorandum I <br /> drafted for the County Manager on September 1, 2011. <br /> Countv Service Districts <br /> The County is authorized to define one or more areas within the county to establish a service <br /> district to fund fire protection services.l A service district within a county is not a municipal <br /> corporation nor does it have any independent authority. The service district is established and <br /> maintained by the county. <br /> Creation of a Fire Service District <br /> To create a service district the board of commissioners must first consider all of the <br /> following: <br /> 1. The resident population and population density of the proposed district; <br /> 2. The appraised value of the property subject to taxation in the proposed district; <br /> 3. The present tax rates of the county and any city or special district tax in which the <br /> district or any portion is located; <br /> 4. The ability of the proposed district to sustain additional taxes; and <br /> 5. Any other matters the board believes to have a bearing on whether the district <br /> should be established.2 <br /> The Board may then establish a service district if, upon information and evidence it <br /> receives, it finds that all of the following apply: <br /> 1. There is a demonstrable need for providing the service in the district; <br /> 2. It is impossible or impracticable to provide those services on a countywide basis; <br /> 3. It is economically feasible to provide the proposed services in the district without <br /> unreasonable or burdensome annual t�levies; and <br /> 4. There is a demonstrable demand for the proposed services by persons residing in <br /> the district.3 <br /> 1 N.C.G.S. § 153A-301 <br /> Z N.C.G.S. § 153A-302(a) <br /> 1 <br />