NORTH CAROLINA GENERAL ASSEMBLY

1981 SESSION

 

 

CHAPTER 147

HOUSE BILL 351

 

AN ACT TO AUTHORIZE THE CREATION OF JOINT FIRE AND RESCUE PROTECTION DISTRICTS WITHIN FORSYTH COUNTY.  

 

The General Assembly of North Carolina enacts:

 

Section 1.  (a) In addition to the authority contained in Chapter 69, Article 3A of the North Carolina General Statutes, relating to the establishment of rural fire protection districts, the resident freeholders living in an area lying outside the corporate limits of any city or town are hereby authorized to petition for an election to establish a joint fire and rescue protection district for the purpose of providing fire and general rescue protection in said district.

(b)       For purposes of petitioning for an election on the establishment of a fire and rescue protection district, all of the conditions and requirements of Article 3A of Chapter 69 shall control except that wherever the words "fire district", "fire protection district", or "fire protection" are used, they are deemed to refer, respectively, to the words and phrases "fire and rescue district", "fire and rescue protection district", and "fire and rescue protection". The name " (Here insert name) Fire Protection District" is deemed to refer to " (Here insert name) Fire and Rescue Protection District".

(c)       In the event that a majority of the qualified voters voting at said election vote in favor of levying and collecting a special fire and rescue protection tax, the levy of the tax and the establishment of the fire and rescue protection district shall be in accordance with the provisions of Article 3A of Chapter 69, except that the tax and the district shall be for fire and rescue protection. All references to "fire protection", "fire district", "fire protection district", and a "fire tax" shall be deemed to refer, respectively, to "fire and rescue protection", "fire and rescue district", "fire and rescue protection district", and a "fire and rescue tax", for purposes of this act.

(d)       After the establishment of a fire and rescue protection district, all provisions of Article 3A of Chapter 69 relating to further elections; methods of providing protection; contracts; special fund; rights, privileges and immunities; abolishment and changes in the area of the district; and all other provisions thereof shall control. It is the intent of this act that except that the district is established for fire and rescue protection, all provisions of procedure and substance of Article 3A of Chapter 69 shall be applicable to the district, including amendments and changes which may be made in that law.

(e)       The term "rescue protection" as used in this act and the levy of a tax for that purpose shall mean the levy, appropriation and expenditure of funds for furnishing emergency medical and ambulance services to protect persons within the district from injury or death from any cause or threat as part of rescue operations, including the expenditure of funds for capital outlay and current expense items for rescue squads.

Sec. 2. Any fire protection district previously established and in existence is authorized, by compliance with the procedures set forth in Section 1, to vote on and establish a joint fire and rescue protection district. If approved by the voters at an election, the fire protection district shall become a fire and rescue protection district. If defeated in an election, the present fire protection district shall remain in existence unless changed or abolished as provided by law.

Sec. 3. This act applies only to Forsyth County.

Sec. 4. This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 31st day of March, 1981.