GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2005

H                                                                                                                                                    1

HOUSE BILL 946

 

 

 

 

Short Title:     Ossipee Budget.

(Local)

Sponsors:

Representatives Allred; and Bordsen.

Referred to:

Local Government II.

March 29, 2005

A BILL TO BE ENTITLED

AN ACT to allow the town of ossipee to amend its budget ordinances for the 2002-2003 and 2003-2004 fiscal years to show conformance with G.S. 136-41.2.

Whereas, G.S. 136-41.2, as amended by S.L. 1999-458, provides that for municipalities incorporated with an effective date of on or after January 1, 2000, certain shared revenues are available to the municipality only if it has adopted a budget ordinance showing that funds have been appropriated for at least four of the following municipal services:  (i) police protection; (ii) fire protection; (iii) solid waste collection or disposal; (iv) water distribution; (v) street maintenance; (vi) street construction or right-of-way acquisition; (vii) street lighting; and (viii) zoning; and

Whereas, The Town of Ossipee was incorporated by S.L. 2002-137 effective when the results of the incorporation referendum were certified following the 2002 general election; and

Whereas, the municipal incorporation petition submitted under G.S. 120-163 stated in accordance with G.S. 120-163(c) that the municipality would offer four of the services listed above no later than the first day of the third fiscal year following the effective date of the incorporation; and

Whereas, the requirement for expenditures by the third fiscal year was also contained in S.L. 1999-458; and

Whereas, the town believed that the two different parts of S.L. 1999-458 were intended to allow new municipalities a period of time to receive funds as it was establishing the services; and

Whereas, the Town of Ossipee actually expended funds for those four services, the sum of $4,320 for fire protection as a contractual payment to the Altamahaw-Ossipee Fire Department, appropriations for water distribution under Sections 3 and 4 of its budget ordinance, and $1,800 appropriated in the budget ordinance for "Planning and Zoning Board", to be used to pay a consultant to begin the process of adopting a zoning ordinance; and

Whereas, the 2002-2003 and 2003-2004 budget ordinances showed a line item for "Environmental Protection" with a zero for the amount, but in fact in the 2002-2003 and 2003-2004 fiscal years expended funds for legal and administrative purposes related to preparing to provide solid waste collection or disposal; and

Whereas, the town clearly expended funds for those four categories, but did not itemize them in the budget ordinance in the format strictly required; and

Whereas, S.L. 1999-458 appeared to allow the town three years in any case; Now, therefore,

The General Assembly of North Carolina enacts:

SECTION 1.  The Town of Ossipee shall, upon amending its budget ordinances for the 2002-2003 and 2003-2004 fiscal years to reflect actual expenditures by the town in preparing to provide solid waste collection or disposal, be considered to have complied with the provisions of G.S. 136-41.2 for those two fiscal years.

SECTION 2.  This act is effective when it becomes law.