GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

H	1 

HOUSE BILL 861

Short Title:  Fayetteville Charter.	(Local)

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Sponsors: Representatives McAllister; and Kinney.

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Referred to:  Ways and Means, if favorable, Finance.

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April 7, 1997

A BILL TO BE ENTITLED
AN ACT TO ALLOW THE CITY OF FAYETTEVILLE'S PUBLIC WORKS COMMISSION TO RETURN PROFITS AND EXCESS MONIES TO ITS CUSTOMERS IN THE FORM OF REBATES OR REDUCED FEES, SUBJECT TO A REFERENDUM.
The General Assembly of North Carolina enacts:
Section 1.  Chapter VI of the Charter of the City of Fayetteville, being Chapter 557 of the 1979 Session Laws, as amended, is amended by adding the following new sections to read:
"Section 6.6.1. Profits and excess monies.  The commission shall return any profits and excess monies to its customers through rebates or reduced fees.  Profits and excess monies shall include all revenues, excess fees, profits, and other funds, from any source whatsoever, that are not paid to the City as profits or part of profits, used for the ordinary operations and maintenance of the commission, or designated for capital development or surplus capital.
"Section 6.6.2. Referendum.  A petition may be filed by any citizen of the City calling for a referendum on a specific issue related to the expenditure of profits and excess monies by the commission.   The petition shall be filed with the City Clerk, who shall immediately forward it to the Cumberland County Board of Elections.  The petition shall bear the signatures equal in number to at least ten percent (10%) of the registered voters in the City  or ten percent (10%) of the taxpayers in the City whose names and property are registered with the Cumberland County Tax Office or 5,000 signatures of any combination of listed taxpayers or registered voters in the City, whichever is less.
The Board of Elections and the Tax Office shall verify the signatures on the petition and shall thereafter certify the sufficiency of the petition to the City Council.  The City Council shall adopt a resolution calling for a referendum to be held by the Cumberland County Board of Elections at such time as is practicable so as not to unreasonably increase the cost of the referendum.  The referendum shall be held at the next general election or special election if the election is more than 60 days after the petition has been certified by the Board of Elections and the Tax Office.
In the election, the question on the ballot shall be:
'[ ] FOR	[ ] AGAINST
The Public Works Commission shall return any profits and excess monies to its customers through rebates or reduced fees.'
In the election, if a majority of the votes are cast ‘For the Public Works Commission shall return any profits and excess monies to its customers through rebates or reduced fees', Section 6.6.1 of this Charter shall become effective on the date that the Cumberland County Board of Elections certifies the results of the election.  Otherwise, that section shall have no force and effect."
Section 2.  This act is effective when it becomes law.