Orange County NC Website
• <br /> , l - I <br /> . . <br /> . . <br /> . . <br /> ' ■ , . <br /> A ' • . <br /> . .. • , . <br /> . . . V • ON: - <br /> e .2'... <br /> .' . . <br /> under this Article that has been expended for a public school <br /> capital outlay purposes . (including retirement of indebtedness i' <br /> incurred and monies reserved for these purposes) , and any other . <br /> factors it deems relevant to carrying out, the intent stated in Cs <br /> subsection (a) of this section. <br /> (c) Any local board of education may petition the Local . . <br /> Government Commission to make a finding that the funds provided <br /> by a county for public school capital outlay purposes are, within . <br /> the financial resources available and consistent with the fiscal <br /> -*. policies of the hoard of County Commissioners, inadequate to meet <br /> the public school capital outlay needs within that county and <br /> that the Board of County Commissioners has not' complied with the . I <br /> regnirements or intent of this Article. The. petition shall be in i <br /> the' form prescribed by the Commission. In making its finding, <br /> the Commission shall consider the facts it is required to report <br /> 1 <br /> under G.S. 105-503, as veil as any other information -it deems . <br /> necessary. The Commission shall report its findings on - such <br /> petition, together with any recommendations it deems appropriate, <br /> to the Joint Legislative. Commission on Governmental Cperations. <br /> n9 105-504. Use of additional tan revenue ily municipalities.— <br /> . (a) Except as provided in subsection (b) or (e) , forty percent <br /> (40%) of the revenue received by a municipality from additional <br /> one-half percent ( 1/2%) sales and use taxes levied under this ' <br /> Article during the first five fiscal years' in which 'the <br /> additional taxes are in effect in the municipality and . thirty. ' 1 <br /> percent (302) of the revenue received by a municipality from <br /> these taxes in the second five fiscal years in which the taxes . . <br /> . - are in effect in the municipality may be used by the municipality <br /> only for water and sewage capital outlay purposes or to retire <br /> any indebtedness incurred by the municipality for these purposes, <br /> (b) The Local Government Commission may, upon petition by a <br /> municipality, authorize a- municipality to use part or all it tax <br /> revenue, otherwise required by subsection (a) to be used for <br /> water and sewage capital needs, for any lawful purpose. The <br /> petition shall be in the form prescribed by the Local Government <br /> Commission and shall demonstrate that the municipality can <br /> provide for , its water and sewage capital needs without <br /> restricting the use of part or all, of the designated amount of <br /> , . the additional one-half percent ( 1/2%) sales and use tax revenue ' - - <br /> for these purposes. ' , . <br /> . <br /> In waking its decision, the Local Government Commission may • . - <br /> consider information from sources other than the petition. . . The <br /> Commission shall issue a written decision on each petition _ <br /> stating the findings of the Commission concerning the water and . <br /> . sewage capital needs of the petitioning municipality and the . <br /> percentage of revenue otherwise restricted by subsection (a) that - - <br /> nay be used by the petitioning municipality for any lawful <br /> purpose. <br /> . <br /> Decisions of the Commission allowing municipalities to use a <br /> percentage of their tax revenue that would otherwise be <br /> restricted under subsection (a) for any lawful purpose are final <br /> . and shall continue in effect until the restriction imposed by <br /> - that subsection expires. A municipality uhose petition is . <br /> Aenied, •in whole or in part, by the Commission may subsequently . <br /> 'submit a new petition to the Commission. <br /> If <br /> . e'6 <br /> I. <br /> . <br /> . <br /> 4 . House. Bill 1542 <br /> 1. . <br /> s , <br /> . . <br /> . . <br /> . _ <br />