AN ORDINANCE BE IT ORDAINED AND ENACTED BY THE COUNTY COUNCIL OF YORK COUNTY, SOUTH CAROLINA:

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1 AN ORDINANCE TO ESTABLISH AND CREATE A SPECIAL TAX DISTRICT TO BE KNOWN AS LAKE WYLIE PARKS AND RECREATION DISTRICT IN YORK COUNTY, SOUTH CAROLINA; TO DEFINE ITS AREAS AND BOUNDARIES; TO DEFINE THE NATURE OF THE SERVICES TO BE RENDERED THEREIN; TO FIX THE MAXIMUM LEVEL OF TAXES WHICH MAY BE LEVIED TO PROVIDE FOR THE OPERATION AND MAINTENANCE OF LAKE WYLIE PARKS AND RECREATION DISTRICT; AND TO PROVIDE FOR OTHER MATTERS RELATING THERETO. BE IT ORDAINED AND ENACTED BY THE COUNTY COUNCIL OF YORK COUNTY, SOUTH CAROLINA: SECTION 1. Findings of Fact. As an incident to the adoption of this Ordinance, and the creation and establishment of the Lake Wylie Parks and Recreation District, the County Council of York County, South Carolina, finds that the facts set forth in this section exist and the statements with respect thereto herein made are true and correct. SECTION 1.01 Pursuant to Section of the Code of Laws of South Carolina, 1976, as amended, the County Council of York County, as the governing body of York County, South Carolina, is empowered to create and establish a special tax district within York County in order to provide residents within the said district with recreation facilities and management of the facilities. Section of the Code of Laws of South Carolina, 1976, as amended, empowers the Council to tax the area located within the said district at a rate related to the nature and level of governmental services provided. SECTION 1.02 In accordance with the requirements of Section of the Code of Laws of South Carolina, 1976, a petition duly signed by more than fifteen percent of the electors residing within the area of the proposed Lake Wylie Parks and Recreation District was presented to Council requesting that Council make provisions for the holding of a special election for the qualified electors residing within the proposed Lake Wylie Parks and Recreation 1

2 District in order to determine whether or not a special tax district shall be created so that recreation services may be provided therein. SECTION 1.03 The York County Council by Resolution duly adopted on the day of, 2016, ordered the holding of a special election referendum on, in the area of York County located within the proposed Lake Wylie Parks and Recreation District for the purpose of submitting to the qualified electors of the proposed special tax district the following question: Shall a special tax district to be known as Lake Wylie Parks and Recreation District, the area and 6 boundaries of which are described in the Notice of Election and appear on the tax map of the proposed Lake Wylie Parks and Recreation District filed in the Office of the York County Manager and the York County Registration and Elections Commission, be created in order that recreation services may be rendered therein, and an annual millage rate of not more than ten mills be levied and collected, as well as reasonable user service charges to be determined by the Board of Lake Wylie Parks and Recreation District, in order to provide for the operation and maintenance of the functions of the said special tax district? SECTION 1.04 A Special Election was held on after due and proper notice thereof, in which the question stated above was submitted to the qualified electors of the proposed special tax district. The returns of the managers of the Special Election together with the original poll lists and the certificates of the York County Registration and Elections Commission presented to Council show that the total votes cast for and against the question submitted to be: SPECIAL ELECTION CONCERNING THE CREATION OF LAKE WYLIE PARKS AND RECREATION DISTRICT AND THE LEVY OF MILLAGE TO PROVIDE FOR THE OPERATION AND MAINTENANCE THEREOF: For: Against: 2

3 SECTION 1.05 The County Council finds that the Special Election held in York County, South Carolina on, at which was submitted to the qualified electors of the proposed special tax district the question set forth above resulted favorably to the creation of Lake Wylie Parks and Recreation District and the levy of not exceeding ten ( 10) mills to provide for the operation and maintenance thereof. The Council hereby declares the results of the Special Election as stated above and declares that the vote in the said Special Election was favorable to the creation of the Lake Wylie Parks and Recreation District and the levy of not exceeding ten (10) mills, as well as reasonable user service charges to be determined by the Board of Lake Wylie Parks and Recreation District, to provide for the operation and maintenance thereof. SECTION 1.06 Pursuant to Section of the Code of Laws of South Carolina, 1976, as amended, the Council is empowered to establish such agencies, departments, boards, commissions and positions in York County as may be necessary and proper to provide services of local concern for public services; to prescribe the functions thereof; and to regulate, modify, merge or abolish any such agencies, departments, boards, commissions and positions. In order for the functions of the proposed Lake Wylie Parks and Recreation District to be carried out properly, a board composed of members who reside in the proposed Lake Wylie Parks and Recreation District is necessary to be established in accordance with the provisions of Section of the Code of Laws of South Carolina, 1976, as amended. SECTION 2. Creation and Establishment of Lake Wylie Parks and Recreation District. SECTION 2.01 There is hereby created and established a special tax district within York County, South Carolina, to be known as Lake Wylie Parks and Recreation District, which 3

4 shall include and be comprised of territory in York County embraced within the following description: That certain area shown and described on a map of Lake Wylie Parks and Recreation District, a copy of which is attached hereto, marked Exhibit "A'' and incorporated herein by reference. SECTION 2.02 Lake Wylie Parks and Recreation District is created and established for the purpose and function of providing recreation facilities and services therein, and Council is hereby authorized to exercise all powers and perform all duties necessary to the proper rendering of recreation services therein. SECTION 2.03 There is hereby created and established a Board of Lake Wylie Parks and Recreation District, and Lake Wylie Parks and Recreation District shall be managed and operated by such Board of Lake Wylie Parks and Recreation District. The Board of Lake Wylie Parks and Recreation District shall consist of five (5) members appointed by the County Council, who must be residents of the area encompassed within Lake Wylie Parks and Recreation District. SECTION 2.04 The members of the Board of Lake Wylie Parks and Recreation District shall be appointed to their initial terms as follows: one member shall serve for a term of four years; one member shall serve for a term of three years; one member shall serve for a term of two years; and two members shall serve for terms of one year. Successors shall be appointed for terms of four years. Any member whose term expires shall continue to serve until such time as a successor is duly appointed and qualified. The five members, upon being appointed and qualified, shall take office at which time the terms shall commence and expire as indicated upon the certificate of each member. Any member of the Board of Lake Wylie Parks and Recreation District shall be eligible for reappointment. The members of the Board of Lake Wylie Parks and Recreation District shall serve without compensation or pay. The Board of Lake Wylie Parks and 4

5 Recreation District shall annually elect a chairman, a vice-chairman, a secretary, a treasurer and such other officers as it deems necessary. The Board of Lake Wylie Parks and Recreation District shall meet no less frequently than quarterly, and at such other times as called by the chairman or upon written request of a majority of the members. Any member who shall be absent for fifty percent or more of the meetings of the Board during any calendar year shall be deemed to have forfeited his membership on the Board and shall be removed without further action by the Board of Lake Wylie Parks and Recreation District. It shall be the responsibility of the Board's secretary to notify the Board, the offending member and the Board of Lake Wylie Parks and Recreation District of such absences, removal and vacancy, and the Board of Lake Wylie Parks and Recreation District shall fill the vacancy created thereby in the manner of the original appointment for the unexpired term of such member. SECTION 2.05 The Board of Lake Wylie Parks and Recreation District (the Board) shall be authorized to exercise such powers with respect to the functions of the Board of Lake Wylie Parks and Recreation District as shall not be inconsistent with the general policies established by the Board, and pursuant to that authority shall be empowered to: (1) Buy such recreation equipment as the Board deems necessary to meet the needs of the recreation facilities within the district; (2) Select the sites or places within the service area; (3) Construct appropriate and necessary recreational facilities within the district; (4) Purchase, lease, hold and dispose of real and personal property in the name of the county for the exclusive use of Lake Wylie Parks and Recreation District; provided, however, that any such conveyance, lease or purchase of real property shall be approved by the Council 5

6 and in accordance with the provisions of Section , et seq., of the Code of Laws of South Carolina, 1976, as amended; (5) Cooperate or enter into contracts or agreements with any public or private agency which results in improved services or the receipt of financial aid in carrying out the functions of Lake Wylie Parks and Recreation District; provided, however, that such contracts and agreements shall be subject to approval by the Council; (6) Annually, at a time designated by the Council, submit to the Council a budget for the ensuing fiscal year adequate to fund the operation and maintenance of the Lake Wylie Parks and Recreation District. Such budget shall list all funds which the Board of Lake Wylie Parks and Recreation District anticipates will be available for the operations of the district. All funds appropriated, earned, granted or donated to Lake Wylie Parks and Recreation District, including funds appropriated by the Council shall be deposited and expended as provided in this ordinance. All funds appropriated, earned, granted or donated to the Lake Wylie Parks and Recreation District shall be used exclusively for providing parks and recreation facilities and services. All financial procedures relating to Lake Wylie Parks and Recreation District, including audits, shall conform to the practices and procedures established by the Council; (7) Annually submit to the Council the amount of millage that it wishes to levy for the upcoming fiscal year within the limits of the maximum amount of millage established by law; (8) Annually file a detailed report of its operations and expenditures for the previous fiscal year with the Council. SECTION 3. Levy of Ad Valorem Taxes for Operation and Maintenance of District. 6

7 SECTION 3.01 In order to provide for the operation and maintenance of the function of Lake Wylie Parks and Recreation District, there shall be levied annually by the Auditor of York County and collected by the Treasurer of York County an ad valorem tax in such amount as Council may hereafter determine, not to exceed ten (10) mills. SECTION 3.02 All monies collected by the Treasurer of York County pursuant to the authorization contained in Section 3.01 hereof shall be deposited in a separate and distinct fund and used solely for the purpose of operating and maintaining Lake Wylie Parks and Recreation District in order to provide recreational services therein. SECTION 4. Savings Provision. SECTION 4.01 If any section, paragraph, clause or provision of this ordinance shall be held invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this ordinance. SECTION 5. Direction to Index. SECTION This ordinance shall be codified forthwith in the Code of York County Ordinances as required by law and shall be indexed under the heading "Lake Wylie Parks and Recreation District The Creation and Establishment Thereof and the Levy of Taxes therefor." SECTION 6. Public Hearing. SECTION 6.01 In accordance with Section , Code of Laws of South Carolina, 1976, as amended, a public hearing shall be held prior to the third and final reading of this ordinance. The proper officers of York County are hereby authorized to provide due notice of such hearing and to conduct such hearing in accordance with the applicable rules and regulations of the Council. 7

8 SECTION 7. Effective Date. SECTION 7.01 This ordinance shall become effective immediately upon adoption. ADOPTED THIS DAY OF, YORK COUNTY COUNCIL BY: J. Britt Blackwell, Chairman Attest: William P. Shanahan, Jr., County Manager 8