GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

H	1 

HOUSE BILL 862

Short Title:  Fayetteville Downtown Revitalization.	(Local)

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Sponsors: Representatives McAllister; and Kinney.

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Referred to:  Rules, Calendar and Operations of the House.

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April 7, 1997

A BILL TO BE ENTITLED
AN ACT TO LIMIT THE CITY OF FAYETTEVILLE'S SPENDING ON DOWNTOWN REVITALIZATION, SUBJECT TO A REFERENDUM.
The General Assembly of North Carolina enacts:
Section 1.  The Charter of the City of Fayetteville, being Chapter 557 of the 1979 Session Laws, as amended, is amended by adding a new Article to Chapter VIII to read:
"ARTICLE 9.
"Downtown Revitalization.
"Section 8.34. Spending on downtown revitalization.  The City of Fayetteville shall not spend or commit to spend any public funds for downtown revitalization unless such spending or commitment to spend has been approved by a majority of the qualified voters of the City voting in a general referendum.  Downtown revitalization means the planning and implementation of an overall plan or series of plans of reconstruction, commercial development, and renovation using public funds, the gross total of which would exceed two percent (2%) of the City's annual budget, not including funds received by the City from the Public Works Commission, within the following area of the City: Bounded on the North Side of Grove Street and Rowan Street beginning at the intersection of Highway 301 and continuing west to Bragg Boulevard; thence south along Bragg Boulevard and Robeson Street Extension to the intersection of Whitfield Avenue; thence southwest along Whitfield Avenue to Southern Avenue; thence in a general easterly direction along Southern Avenue to Gillespie Street; continuing across Gillespie Street and down Campbell Avenue in an easterly direction to Old Wilmington Road; thence in a general northerly direction along Old Wilmington Road to Russell Street; thence in a general easterly direction along Russell Street to Highway 301; thence in a general northerly direction along Highway 301 to the intersection of Grove Street.
"Section 8.35. Referendum. A petition may be filed by any citizen of the City calling for a referendum on the City Council's anticipated expenditure of public monies for downtown revitalization that would exceed two percent (2%) of the City's annual budget, not including funds received by the City from the Public Works 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 City of Fayetteville may spend or commit to spend a certain amount of public funds, namely $____________, for the purpose of downtown revitalization that shall consist of the following: ___________________________.'
In the election, if a majority of the votes are cast for the expenditure of public funds for the downtown revitalization project as designated on the ballot, Section 8.34 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, and the City shall not spend public monies for the downtown revitalization designated."
Section 2.  This act is effective when it becomes law.