GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
H D
HOUSE BILL DRH10064-LM-24 (02/07)
Short Title: Stanly Cty/Economic Development Commission. |
(Local) |
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Sponsors: |
Representative Burr. |
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Referred to: |
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A BILL TO BE ENTITLED
AN ACT changing the composition of the stanly county economic development commission and making technical changes to the act that created the commission.
The General Assembly of North Carolina enacts:
SECTION 1. Chapter 141 of the Session Laws of 1961, as amended by Chapter 706 of the Session Laws of 1965, Chapter 355 of the Session Laws of 1975, Chapter 237 of the Session Laws of 1983, Chapter 185 of the Session Laws of 1987, Chapter 928 of the Session Laws of 1987, Chapter 595 of the Session Laws of 1995, S.L. 2009‑253, and S.L. 2011‑175, reads as rewritten:
"Section 1. Creation of Economic Development
Commission. The Board of County Commissioners of Stanly County (hereinafter
"Board") is hereby authorized to create a commission to be known
as the " Economic Development Commission" (hereinafter "Commission")
for Stanly County for the purposes of aiding and encouraging the location
in Stanly County of manufacturing, industrial, and commercial plants and
enterprises, of aiding and encouraging the agricultural development of
Stanly County, and for such other purposes as will, in the discretion of the
County Commissioners, increase the population, taxable property, agricultural
and business industries, and the general welfare of Stanly County, and for the
further purpose of aiding and encouraging existing private enterprises in
Stanly County.
"Sec. 2. Such commission Members Appointed. The
Commission shall be composed of 12 13 members to be appointed
by the Board of County Commissioners for Stanly County. In making said
appointments the board shall seek to achieve representation from the various
geographic areas of the county. In the event a vacancy occurs in the membership
of such commission because of death, resignation, or otherwise, the board of
county commissioners shall fill such vacancy by appointing a member from the
same section of the county as his predecessor. There is hereby imposed on such
member of the board of county commissioners as said board may designate the
duty to serve as chairman of the Economic Development Commission and such
commissioner, acting as chairman, shall be entitled to vote only in case of a
tie. The county board of commissioners shall designate another member of said
board as an alternate member to attend and vote if the original appointee as
chairman is unable to attend or is unable to vote.Board as follows:
(1) Two members representing business or industry from each of the county's five filing/voting districts.
(2) Two county commissioners who shall serve at the pleasure of the Board, but only as long as they are serving as county commissioners.
(3) The President of Stanly County Community College or the President's designee.
"Sec. 2.1. A designee of the Stanly County Chamber of
Commerce and the President of the Stanly County Community Development
Corporation shall serve as voting ex officio members of the Industrial
Development Commission in addition to the 12 members to be appointed by the
Board of Commissioners for Stanly County.Sec. 3. Ex Officio Members. The
Stanly County Manager and the Stanly County Attorney shall also,shall,
by virtue of their respective offices, serve in a nonvoting ex officio capacity
on the Economic Development Commission. The members of the Commission
may appoint additional persons to serve in a nonvoting ex officio capacity if
deemed advisable in order to help guide or assist the Commission in fulfilling
its obligations as provided in this act.
"Sec. 3.Sec. 4. Terms. The terms of
office of the members of the commission, with the exception of the chairman
of the commission, Commission shall be two years, with the
exception of the initial years existence of the commission, in which one‑half
shall be appointed to serve for a period of one year.years, except, in
order to stagger the terms, one‑half of the members appointed in 2017
shall serve for a term of one year and the remaining members appointed in 2017
shall serve for a term of two years. In appointing the initial members
of the commission, the board of county commissionersThe Board shall
designate those members who are appointed for a period of two years and
those who are appointed for a period of one year. Upon the expiration of the
term of office of those members who are appointed for one year, the board of
commissionersBoard shall appoint their successors for a term of two
years. All appointees shall serve until their successors have been appointed
and qualified. Any member shall be eligible to reappointment. The board of
commissioners shall designate the date on which the term of office of
the initial members shall commence.shall commence on April 1 and shall
end on March 31.For clarification, two members from the following areas
(voting precincts) of Stanly County are to be appointed by the Board of
Commissioners: North (Almond, Ridenhour, Richfield, New London, and North
Albemarle); South (East Center, West Center, Tyson, and Big Lick #1); East
(South Albemarle, East Albemarle, Badin, and Palmerville); West (Furr #1, Furr
#2, Big Lick #2, and Endy); Central (Albemarle #1, Albemarle #2, Albermarle #6,
Albemarle #7, Albemarle #8, Albemarle #10, and Albemarle #11); and two seats at
large. The one‑ and two‑year term limits provided for in
this section shall not apply to members of the Board or the President of Stanly
County Community College.
"Sec. 4. The chairman of the Economic Development
Commission shall serve at the pleasure of the Stanly County Board of
Commissioners, but only as long as still serving as a county commissioner.
"Sec. 5.Sec. 5. Election of Officers; Bylaws; Employees.
At the time of the holding of the first meeting of the Economic Development
Commission, Commission following the appointment of members in 2017, the
members shall, by a majority vote, name and select from their membership a vice‑chairmanchair,
vice‑chair, and a secretary, and shall draw up and ratify
their own bylaws and procedural rules and policies, subject to the approval of
the board of county commissioners.Board. Whenever necessary,
members of the Economic Development Commission shall by a majority vote
make necessary changes to their bylaws, procedural rules and policies subject
to the approval of the county board of commissioners. Board. All
disbursements shall be made to the commission Commission by the
county in the same way and manner provided by law for disbursing public funds
of Stanly County, and no disbursements shall be made except upon approval of
the county board of commissioners. The Economic Board. Except for the
executive officer, the Commission shall have authority to employ such personnel
as it may deem necessary and within the budget for said commission the
Commission to be prescribed by the board of county commissioners, Board,
and all such personnel shall be considered for all purposes employees of Stanly
County.
"Sec. 5.1. Sec. 6. Additional Funds. The
Economic Development Commission may accept, receive and disburse in
furtherance of its functions any funds, grants, and services made available by
the Federal Government and its agencies, the State Government and its agencies,
any municipalities or counties, and by private and civic sources.
"Sec. 5.2.Sec. 7. Executive Officer; Contracts;
Board Supervision. (a) The County Manager shall have authority to appoint the
executive officer of the Commission, upon consultation with the Commission and with
approval of the Board.
(b) The Economic DevelopmentWith the approval
of the Board, the Commission shall also have authority to enter into
a contract with the Stanly County Chamber of Commerce pursuant to which said
the Chamber of Commerce will provide to the Economic Development Commission
and to the County of Stanly the services of an executive officer qualified in
the field of economic development who shall be subject to the direction of the Economic
Development Commission in implementing the purposes for which the Economic
Development Commission is created. Said The executive officer
may be an employee of said the Chamber of Commerce or the County
of Stanly. The Economic Development Commission is authorized to pay to said
the Chamber of Commerce, out of funds appropriated to the Economic
Development Commission by the county commissioners, such amount as the Economic
Development Commission and the Board deems proper for the services
of said the executive officer and for office space, supplies,
record keeping and other necessary and proper expenses incurred in the
implementation of the purposes for which the Economic Development Commission
is created.
(c) In addition to the contract authority provided for in subsection (b) of this section, the Commission may enter into contracts with the Stanly County Chamber of Commerce or another entity to implement the purposes for which the Commission is created, with the approval of the Board. Any contract awarded by the Commission without the approval of the Board shall be null and void.
(d) The Board shall, at all times, have authority to supervise the Commission and its activities. The Commission shall not enter into any contract or agreement of any kind with the Stanly County Chamber of Commerce or any other entity that interferes with, restricts, or otherwise limits the Board's ability to exercise its authority to supervise the Commission and its activities.
"Sec. 6.Sec. 8. Use of Nontax Funds. The
Board of County Commissioners for Stanly County is hereby authorized, in
its discretion, to expend any nontax funds, regardless of the source from which
said the nontax funds are received, in order to implement the
purposes for which the Economic Development Commission is created.
"Sec. 6.1.Sec. 9. Special Election. The
Board of County Commissioners of Stanly County is hereby authorized and
empowered to call a special election to determine whether it be the will of the
qualified voters of Stanly County that they levy and cause to be collected
annually, at the same time and in the same manner as the general county taxes
are levied and collected, a special tax at a rate not to exceed five cents (5’)
on each one hundred dollars ($100.00) valuation of property in said the
county, to be known as an "Economic Development Tax", the funds
therefrom, if the levy be authorized by the voters of said the county,
to be used by the board of county commissionersBoard in its
discretion and as it may deem expedient and wise for the purposes for which the
Economic Development Commission for Stanly County is created. Said
The election, if called, shall be under the control and supervision
of the Stanly County Board of Elections.
If a majority of those voting in such
the election favor the levying of such a tax, the Board of
County Commissioners of Stanly County areis authorized to levy a
special tax at a rate not to exceed five cents (5’) on each one hundred dollars
($100.00) of assessed value of real and personal property taxable in said the
county, and the General Assembly does hereby give its special approval for
the levy of such special tax.
"Sec. 7. Sec. 10. If any provision of this
Act or the application thereof to any person or circumstances is held invalid,
such invalidity shall not affect other provisions or applications of the Act
which can be given effect without the invalid provision or application, and to
this end the provisions of this Act are declared to be severable. Nothing
herein contained shall limit the authority of the Board of County
Commissioners for Stanly County from utilizing the provisions of Articles 2
and 3 of Chapter 158 of the North Carolina General Statutes as amended relating
to economic development commissions.
"Sec. 8.Sec. 11. All laws and clauses of
laws in conflict with this Act are hereby repealed.
"Sec. 9.Sec. 12. This Act shall become
effective upon its ratification."
SECTION 2. The terms of all members serving on the Stanly County Economic Development Commission, including members of the Stanly County Board of Commissioners, shall expire on March 31, 2017. The Stanly County Board of Commissioners shall appoint 13 members to serve on the Stanly County Economic Development Commission as provided in Section 1 of this act. The terms of the 13 members appointed by the Stanly County Board of Commissioners shall be for one and two years, as provided in Section 1 of this act, and shall begin on April 1, 2017.
SECTION 3. This act is effective when it becomes law.