A BILL TO BE ENTITLED
AN ACT to allow the town of ossipee to amend its budget ordinances for the 2002‑2003 and 2003‑2004 fiscal years to show conformance with G.S. 136‑41.2.
Whereas, G.S. 136‑41.2, as amended by S.L. 1999‑458, provides that for municipalities incorporated with an effective date of on or after January 1, 2000, certain shared revenues are available to the municipality only if it has adopted a budget ordinance showing that funds have been appropriated for at least four of the following municipal services:  (i) police protection; (ii) fire protection; (iii) solid waste collection or disposal; (iv) water distribution; (v) street maintenance; (vi) street construction or right‑of‑way acquisition; (vii) street lighting; and (viii) zoning; and
Whereas, The Town of Ossipee was incorporated by S.L. 2002‑137 effective when the results of the incorporation referendum were certified following the 2002 general election; and
Whereas, the municipal incorporation petition submitted under G.S. 120‑163 stated in accordance with G.S. 120‑163(c) that the municipality would offer four of the services listed above no later than the first day of the third fiscal year following the effective date of the incorporation; and
Whereas, the requirement for expenditures by the third fiscal year was also contained in S.L. 1999‑458; and
Whereas, the town believed that the two different parts of S.L. 1999‑458 were intended to allow new municipalities a period of time to receive funds as it was establishing the services; and
Whereas, the Town of Ossipee actually expended funds for those four services, the sum of $4,320 for fire protection as a contractual payment to the Altamahaw‑Ossipee Fire Department, appropriations for water distribution under Sections 3 and 4 of its budget ordinance, and $1,800 appropriated in the budget ordinance for "Planning and Zoning Board", to be used to pay a consultant to begin the process of adopting a zoning ordinance; and
Whereas, the 2002‑2003 and 2003‑2004 budget ordinances showed a line item for "Environmental Protection" with a zero for the amount, but in fact in the 2002-2003 and 2003-2004 fiscal years expended funds for legal and administrative purposes related to preparing to provide solid waste collection or disposal; and
Whereas, the town clearly expended funds for those four categories, but did not itemize them in the budget ordinance in the format strictly required; and
Whereas, S.L. 1999‑458 appeared to allow the town three years in any case; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1.  The Town of Ossipee shall, upon amending its budget ordinances for the 2002‑2003 and 2003‑2004 fiscal years to reflect actual expenditures by the town in preparing to provide solid waste collection or disposal, be considered to have complied with the provisions of G.S. 136‑41.2 for those two fiscal years.
SECTION 2.  This act is effective when it becomes law.