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Notebook - Agenda - 06-21-2011, Item 8g
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Notebook - Agenda - 06-21-2011, Item 8g
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BOCC
Date
6/21/2011
Meeting Type
Regular Meeting
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Agenda Item
8g
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�1 The board of trustees has obtained approval to conduct a referendum by <br /> vote of the following: <br /> a. A majority vote of both of the county boards of commissioners <br /> within the special district, if it is a multicountyspecial district. <br /> b. A majority of the county board of commissioners within the special <br /> district, if it is a single-county special district. <br /> A public hearing is held on the question by the board or boards of <br /> commissioners at least 30 days before the date the election is to be held. <br /> (cj Ballot Question. —The form of the question to be presented on a ballot for a special <br /> election concerning the levy of a tax authorized by this Article shall be: <br /> 7 1 FOR f I AGAINST <br /> One-half percent 1/2%) local sales and use taxes, in addition to the current local <br /> sales and use taxes to be used only for public transportations std <br /> Expansion —If a special district created under this Part does not include both of the <br /> eligible counties under subsection(a) of this section, it may be expanded to include the other <br /> cogM by joint action of the board of trustees of the transportation authority and the board of <br /> commissioners of the countyto be added with the approval of the voters in the couM to be <br /> added The procedure for expansion of the district is the same as for the initial creation of the <br /> district but the referendum shall be held separately in the county to be added. <br /> "4 105-510.11. Lew and collection of sales and use tax — regional transportation <br /> authority. <br /> If the majority of those voting in a referendum held pursuant to G.S. 105-510.10 vote for <br /> the lees of the tax the transportation authority may, by resolution levy one-half percent(1/2%) <br /> local sales and use taxes within the special district, in addition to any other State and local sales <br /> and use taxes levied pursuant to law. In determining the results of the election in a multicounty <br /> district all the counties of the district shall be considered to be one unit but also must receive a <br /> majority vote in each county except that if the referendum is passed in one but not both of the <br /> counties the county in which the referendum was not approved is removed from the special <br /> • district upon certification of the election result and the coup tt�pproved the referendum <br /> shall remain in the special district. Except as provided in this Part, the adoption, levy, <br /> collection administration and repeal of these additional taxes shall be in accordance with <br /> Article 39 of this Chapter. In applying the provisions of Article 39 of this Chapter to this <br /> Article references to 'this Article' mean 'Part 3B of Article 43 of Chapter 105 of the General <br /> Statutes'Any repeal of the tax shall be done by the same procedure as its enactment under this <br /> section and in a multicounV district a petition for repeal under G.S. 105-473 shall be judged <br /> by the total votes in all the counties in the district. <br /> "Part 4. Other Counties. <br /> "4105-510.12. Applicability. <br /> This Part applies only in counties other than Durham, Forsyth, Guilford, Mecklenburg, <br /> Orange,or Wake. <br /> "4105-510.13. Limitations. <br /> A county ma, not levy a tax under this Part unless the county or at least one unit of local <br /> government in the county operates a public transportation system. As used in this Part, <br /> operation of a public transportation system includes a contract or interlocal agreement for <br /> operation of the public transportation system by another county or municipality, or by a <br /> transportation authority created under(i) a municipal charter, or (ii) Article 25, 26, or 27 of <br /> Chapter 160A of the General Statutes. As used in this Part, operation of a public transportation <br /> system also includes a contract with a private entity for operation of the public transportation <br /> s s_„ <br /> '1105-510.14. Local election on adoption of sales and use tax. <br /> (a) Resolution —The board of commissioners of a countmy direct the county board <br /> of elections to conduct an advisory referendum within the county on the question of whether a <br /> local sales and use tax at the rate of one-quarter percent (1/4%) may be levied in accordance <br /> with this Part The election shall be held on a date jointly agreed upon by the boards and shall <br /> be held in accordance with the procedures of G.S. 163-287. An election to authorize the levy of <br /> • a tax under this Part may be 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 /> SL2009-0527 Session Law 2009-527 Page 9 <br />
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