AN ACT AUTHORIZING BUNCOMBE COUNTY TO ESTABLISH A CULTURE AND RECREATION AUTHORITY. Enacted July 16, 2013. Effective July 16, 2013.
Summary date: Jul 16 2013 - More information
Summary date: Jun 25 2013 - More information
Senatecommittee substitute makes the following changes to the 4th edition.
Deletes provisions authorizingtheBuncombe County Board of Commissioners (County)to expand the Culture and Recreation Authority (Authority) created in this acttoincludeadditional municipalities located within Buncombe County as participating units in the agreement establishing the Authority.Instead, provides that the Board of the Authority will consist of seven members, all of whom are appointed by the County (was, a minimum of seven members with a majority appointed by the County). Makes a conforming change, deleting the definition for participating unit. Makes additional conforming changes.
Requires that at least one of the members appointed to the Authority be a member of the governing board of Buncombe County.
Gives the Board of Commissioners the right to assign Buncombe County employees to the Authority, who are then considered Authority employees.
Makes a conforming change to the title.
Summary date: Jun 18 2013 - More information
Senate committee substitute makes the following changes to the 3rd edition.
Amends the provisions regarding the creation of the Culture and Recreation Authority, providing that the Authority can initially be created by only Buncombe County by ordinance (previously, provided for the creation of the Authority by the county or by the county and one or more municipalities located within the county). Makes conforming changes regarding the changes to the creation of the Authority. Provides that the Authority can be expanded by adding additional municipalities no earlier than 24 months after the creation of the Authority.
Summary date: May 1 2013 - More information
House committee substitute makes the following changes to the 2nd edition.
Changes the short and long title.
Establishes that Buncombe County or Buncombe County and one or more municipalities located within that county can create a Culture and Recreation Authority (Authority) (previously, only Buncombe County and the City of Asheville were authorized, by agreement, to create the Authority). Sets out the procedures for establishing the Authority, membership of the Authority, and related provisions depending on who is party to the Authority.
Amends the "Purpose of the Authority" provision, making conforming changes.
Amends the "General Powers of the Authority" provision, making conforming changes and establishing that the Authority has the power to appoint a full-time director to serve at its pleasure and sets out the duties and responsibilities of the director. Establishes that while the Authority has the power to prepare and submit an annual budget to the participating units, it is only subject to adoption by the county.
Amends the "Funds" provision, making conforming changes and establishing that, pursuant to GS 153A-149, Buncombe County can separately levy and collect an ad valorem tax in the county, not to exceed 7¢ on each $100 valuation of property. The funds raised by the tax will be maintained as a separate and special fund, used only for cultural or recreational purposes under the jurisdiction of the Authority. Also authorizes the County to issue general obligation bonds, as authorized by the Local Government Bond Act of the NC General Statutes.
Amends the "Fiscal Accountability" provision, making conforming changes.
Amends the "Termination" provision, making clarifying and conforming changes.
Summary date: Apr 15 2013 - More information
House committee substitute makes the following changes to the 1st edition.
Changes the short and long titles.
Deletes the requirement that one of the members of the authority must be appointed jointly by the Board of Commissioners of Buncombe County and the City Council of Asheville.
Establishes that the purpose of the authority will also extend to the management and operation of libraries and cultural organizations (previously, the purpose only included parks, greenways, and recreation facilities).
Amends the General Powers of the Authority and Funds sections, making technical and conforming changes in order to include cultural programs and cultural organizations.
Summary date: Mar 21 2013 - More information
Allows Buncombe County and Asheville to, by agreement, create a Parks and Recreation Authority (Authority). The purpose of the Authority is to manage or operate parks, greenways, or recreation facilities as designated by the Board of Commissioners (Board) and City Council (Council). Provides that the Authority consists of seven members and specifies membership appointment. Appointments are for three years and provides for filling vacancies. Allows the Board or Council to transfer property to the Authority, but once an asset is conveyed to the Authority, it may not be removed from the Authority's management or control without approval by a majority of the members of the Board and Council. Establishes the Authority's powers. Authorizes the Board and Council to appropriate funds to support the Authority. Allows the Authority to establish any license and regulatory fees and charges, subject to approval by the Board and Council. Allows the county to levy a tax not to exceed $.07 on the $100 valuation of property in the county from year to year, to be used only for park and recreational purposes under the Authority's jurisdiction. Also allows, if funds are insufficient, for a question on issuing bonds to be submitted to the voters. Gives the Board and Council the power to terminate the Authority by a majority vote.
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