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"& 105-510.6. Limitations. <br /> • A transportation authority may not levy a tax under Part 3A or 3B of this Article unless: <br /> �1) It operates a public transportationsystem. <br /> It has developed a financial plan and distributed it to each unit of local <br /> government located within its territorial jurisdiction. The plan must be <br /> approved by the board of commissioners of each county in the district prior <br /> to the levy of the tax. If the board of commissioners of a county in a <br /> multicounty district does not adopt the plan,the transportation authority may <br /> remove that county from the district, and no tax may be levied in that county <br /> under this Part The financial plan must provide for equitable use of the net <br /> proceeds within or to benefit the special district created under Part 3A or <br /> Part 3B of this Article and consider (i) the identified needs of local public <br /> transportation systems in the district, (ii) human service transportation <br /> systems within the district and (iii)expansion of public transportation <br /> systems to underserved areas of the district. The financial plan must also be <br /> approved by all Metropolitan Planning Organizations under Article 16 of <br /> Chapter 136 of the General Statutes whose jurisdiction includes any of the <br /> area of the special district. The plan may be revised from time to time. An <br /> interlocal agreement between the transportation authority and all the <br /> counties in the special district mayequire periodic review and approval of <br /> the financial plan. <br /> The tax is approved by the voters. <br /> 1105-510.7. Distribution and use of taxes. <br /> faj Distribution — The SecretM shall, on a monthly basis, allocate to each special <br /> district the net proceeds of the tax levied under this Part within the special tax district, to be <br /> used for the benefit of that district. <br /> fUse —A special district must expend the net proceeds distributed to it in accordance <br /> with its financial plan adopted pursuant to G.S. 105-510.6 and use the net proceeds only for <br /> financing constructing operating, and maintaining public transportation systems. The special <br /> district shall use the net proceeds to supplement and not to supplant or replace existing funds or <br /> other resources for public transportation systems. <br /> "Part 3A.Regional Public Transportation Authority(Triangle). <br /> "& 105-510.8. Local election on adoption of sales and use tax — regional public <br /> transportation authority. <br /> U Special District — A regional public transportation authority may create a special <br /> district that consists of the entire area of one or more counties within its territorial jurisdiction <br /> and may levy,on behalf of the special district the tax authorized in this section. The proceeds of <br /> a tax levied under this section may be used only for the benefit of the special district and onlv <br /> for the purposes provided in this Article. If a referendum in a district fails in all the counties in <br /> the district the transportation authorityay abolish the special district. <br /> (b) Resolution — The board of trustees of the re ig o�public transportation authority <br /> may, if all of the conditions 'listed in this subsection have been met, direct the respective county <br /> board or boards of elections to conduct an advisory referendum within the special district on <br /> the question of whether a local sales and use tax at the rate of one-half percent (1/2%) may be <br /> levied within the district in accordance with this Part. The tax may not be levied without voter <br /> approval The election shall be held on a date jointly agreed ed upon by the authority, the county <br /> board or boards of commissioners and the county board or boards of elections and shall be <br /> held in accordance with the procedures of G.S. 163-287. An election to authorize the levy of a <br /> tax under this Part maybe held only on one of the following dates: i) Tuesday after the first <br /> Monday of November in the even-numbered year, the date of the general election under G.S. <br /> 163-1 (ii)the date of the primary election in the even-numbered year under G.S. 163-1(b), (iii) <br /> Tuesday after the first Monday in November of the odd-numbered year, or (iv) a date in <br /> September or October of the odd-numbered year as listed in G.S. 163-279(a)(2), (3), or(4) but <br /> only if at least one municipality in the county is holding a primary or election on that date. The <br /> • conditions are as follows: <br /> The board of trustees has obtained approval to conduct a referendum by a <br /> vote of the following: <br /> a. A majority vote of each of the county boards of commissioners <br /> within the special district if it is a multicountypecial district. <br /> SL2009-0527 Session Law 2009-527 Page 7 <br />