S.L. 1975-368

1975 SESSION

CHAPTER 368

HOUSE BILL 734

AN ACT CREATING THE ASHEVILLE-BUNCOMBE LOCAL GOVERNMENT STUDY COMMISSION.

The General Assembly of North Carolina enacts:

Section 1. Creation and Purposes. There is hereby created the Asheville-Buncombe Local Government Study Commission. The commission shall have the duty:

(a) To study the powers, duties, functions, responsibilities and organizational structures and arrangements of all local governmental units and agencies in Buncombe County;

(b) To give full consideration, based upon feasibility studies conducted by a professionally qualified staff or consultants, to the following:

1. The creation of any new units of local government in the county;

2. Continuation of the present local government structure in the county, with the possible addition of any urban service districts;

3. The expansion of the corporate limits of municipalities in the county;

4. Any other possible local governmental structures or arrangements in the county.

(c) To prepare a comprehensive report upon its studies, findings, and recommendations for the future structure of local government in Buncombe County.

(d) To conduct public hearings within the county upon its report;

(e) To prepare drafts of any proposed legislation to implement its recommendations.

Sec. 2. Membership. The Asheville-Buncombe Local Government Study Commission shall be constituted as follows:

(a) A chairman, who shall be appointed jointly by the Mayor of the City of Asheville and the Chairman of the Board of Commissioners of Buncombe County; provided, in the event they fail to agree upon a joint appointment of a chairman within 10 days after the appointment of the commission membership, then the members of the commission shall meet and elect a chairman; the chairman shall be selected from among the membership of the commission;

(b) One member each appointed by the respective governing boards of the Towns of Biltmore Forest, Black Mountain, Montreat, Weaverville, and Woodfin;

(c) Nine members appointed by the City Council of the City of Asheville, who shall be residents of the City of Asheville;

(d) Eleven members all of whom shall be residents of the unincorporated area of Buncombe County, appointed as follows:

(1) Five members appointed by the Board of Commissioners of Buncombe County.

(2) Six members appointed by the members of the North Carolina General Assembly who are residents of Buncombe County, acting jointly.

(e) The Mayor of the City of Asheville and the Chairman of the Board of Commissioners of Buncombe County, who shall serve as ex officio members of the commission without the power to vote.

(f) No person shall be excluded from membership on the commission by reason of holding any public elective or public appointive office.

(g) All appointments to the commission shall be made by the appointing authorities and certified in writing to the Clerk of Superior Court of Buncombe County within 60 days after the ratification of this act. In the event any appointments by the city council or board of county commissioners or by any town governing board are not made by such date, they shall be made by the members of the North Carolina General Assembly who are residents of Buncombe County acting jointly. In the event the appointments by members of the North Carolina General Assembly are not made by August 1, 1975, they shall be made by the board of county commissioners. In the event of a vacancy in the commission's membership, the same shall be filled by the body or authority which appointed the person who caused the vacancy.

Sec. 3. Compensation. The members of the commission shall not receive any compensation for their services, but shall be reimbursed for their actual and necessary expenses incurred in performance of their official duties as members. Actual and necessary expenses shall be presumed to be ten dollars ($10.00) for each meeting attended, unless a member shall submit evidence demonstrating higher expenses.

Sec. 4. Organization. Within 90 days after ratification of this act, the chairman of the commission (or the Clerk of Superior Court of Buncombe County in the event no chairman has been selected as provided in Section 2(a) above) shall call a meeting of the commission for the purpose of organization. At this organizational meeting, the commission shall elect from among its members a vice-chairman, a secretary, a treasurer, and such other officers as the commission may determine, all of whom shall serve at the will of the commission. Vacancies in any office elected under this section shall be filled by the commission from among its members.

For the purpose of carrying out its duties, the commission shall have the authority to appoint such special committees, with such membership as it desires.

The commission is empowered to adopt rules of procedure with respect to the conduct of its affairs as it may deem appropriate.

Sec. 5. Meetings. The commission shall hold regular meetings at places and dates to be determined by the commission, but in any event, the commission shall meet at least once monthly until its work is completed. Special meetings may be called by the chairman upon his own initiative and must be called by him if requested by three or more members of the commission. The chairman shall notify in writing all commission members of any special meeting at least three days prior to any such meeting. Meetings may be held inside or outside Buncombe County, and shall be open the public.

Sec. 6. Staff. The commission is empowered to employ personnel to assist it and to contract with State agencies, persons, firms or corporations for special and technical services and studies.

Sec. 7. Financing. (a) The commission shall prepare an annual budget and request appropriations based thereon from Buncombe County. All expenditures shall be in conformity with the budget; however, the budget may be amended from time to time as the commission finds necessary. It is intended that Buncombe County shall bear the expenses of the commission, and the board of county commissioners shall appropriate funds not in excess of fifty thousand dollars ($50,000) for the commission's work. The commission is also authorized to accept gifts from any person, firm or corporation, upon terms acceptable to the commission. Appropriations to the commission from the county may be made from any funds available to the county, and an appropriation to this commission is hereby declared to be for a public purpose.

(b) The treasurer of the commission shall have authority to collect, deposit, and disburse all funds of the commission. All monies received by the commission shall be deposited in a separate account, shall be earmarked for use by the commission, and shall be paid out only on checks signed by the treasurer or the commission's accountant and countersigned by either the chairman or by another member designated by the commission. The commission may require the treasurer, the commission's accountant, the chairman or the designated member or any two or more of them to deposit a surety bond to be paid for by the commission on terms set by the commission.

(c) The commission may contract with either Buncombe County, the City of Asheville, or private persons or firms for provision of accounting services. Generally accepted accounting principles shall be followed.

Sec. 8. Cooperation of Units. Buncombe County, the City of Asheville, and the Towns of Biltmore Forest, Black Mountain, Montreat, Weaverville, and Woodfin, and all other local governmental units or agencies in Buncombe County shall make available to the commission any records, reports, or information the commission requests; and they are hereby authorized to assist the commission through gifts of necessary supplies and equipment, and temporary loans of personnel.

Sec. 9. Hearings. (a) The commission shall complete its study and prepare a report of its findings and recommendations not later than September 1, 1976. Upon completion of its study and report, the commission shall meet with the governing bodies of Buncombe County, the City of Asheville, and the Towns of Biltmore Forest, Black Mountain, Montreat, Weaverville, and Woodfin, either separately or jointly, in order to present its report to the governing bodies. After making any changes deemed desirable as a result of the above meetings, the commission shall hold one or more public hearings. Notice of public hearings shall (1) fix the date, time, and place of the hearing or hearings; (2) state the purpose of the hearings; and (3) state that the commission report will be available for public inspection in the office of the Chairman of the Board of Commissioners of Buncombe County and in the offices of the clerk of each municipality in the county at least 14 days prior to the date of the first hearing. Such notice shall be published daily in a newspaper of county-wide circulation for two successive weeks prior to the first hearing.

(b) At least 14 days prior to the date of the first hearing, the commission shall deposit in the office of the Chairman of the Board of Commissioners of Buncombe County and in the offices of the clerks of Asheville, Biltmore Forest, Black Mountain, Montreat, Weaverville and Woodfin, copies of its report and recommendations. These copies shall be available for public inspection. In addition, the commission shall have authority to publish the report, or summary thereof, for such public distribution as it deems desirable, and to take such further steps it deems desirable in order to acquaint the public generally with its recommendations.

Sec. 10. (a) The authority of municipalities in Buncombe County to annex territory pursuant to Parts 2 and 3 of Article 4A of Chapter 160A of the General Statutes is hereby suspended until February 1, 1977.

(b) The authority of the Municipal Board of Control to incorporate areas in Buncombe County pursuant to Article 1A of Chapter 160A of the General Statutes is hereby suspended until February 1, 1977.

Sec. 11. If any provision of this act is held invalid, such invalidity shall not affect other provisions of the act which can be given effect without the invalid provision, and to this end the provisions of this act are declared to be severable.

Sec. 12. This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 22nd day of May, 1975.