§ 136-41.2. Eligibility for funds; municipalities incorporated since January 1, 1945.
§136‑41.2. Eligibility for funds; municipalities incorporated sinceJanuary 1, 1945.
(a) No municipalityshall be eligible to receive funds under G.S. 136‑41.1 unless it hasconducted the most recent election required by its charter or the general law,whichever is applicable, for the purpose of electing municipal officials. Theliteral requirement that the most recent required election shall have been heldmay be waived only:
(1) Where the members ofthe present governing body were appointed by the General Assembly in the act ofincorporation and the date for the first election of officials under the termsof that act has not arrived; or,
(2) Where validlyappointed or elected officials have advertised notice of election in accordancewith law, but have not actually conducted an election for the reason that nocandidates offered themselves for office.
(b) No municipalityshall be eligible to receive funds under G.S. 136‑41.1 unless it haslevied an ad valorem tax for the current fiscal year of at least five cents(5¢) on the one hundred dollars ($100.00) valuation upon all taxable propertywithin its corporate limits, and unless it has actually collected at leastfifty percent (50%) of the total ad valorem tax levied for the preceding fiscalyear; provided, however, that, for failure to have collected the requiredpercentage of its ad valorem tax levy for the preceding fiscal year:
(1) No municipalitymaking in any year application for its first annual allocation shall bedeclared ineligible to receive such allocation; and
(2) No municipalityshall be declared ineligible to receive its share of the annual allocation tobe made in the year 1964.
(c) No municipalityshall be eligible to receive funds under G.S. 136‑41.1 unless it hasformally adopted a budget ordinance in substantial compliance with G.S. 160‑410.3,showing revenue received from all sources, and showing that funds have beenappropriated for at least two of the following municipal services if themunicipality was incorporated with an effective date prior to January 1, 2000,water distribution; sewage collection or disposal; garbage and refusecollection or disposal; fire protection; police protection; street maintenance,construction, or right‑of‑way acquisition; or street lighting, orat least four of the following municipal services if the municipality wasincorporated with an effective date of on or after January 1, 2000: (i) policeprotection; (ii) fire protection; (iii) solid waste collection or disposal;(iv) water distribution; (v) street maintenance; (vi) street construction orright‑of‑way acquisition; (vii) street lighting; and (viii) zoning.
(d) The provisions ofthis section shall not apply to any municipality incorporated prior to January1, 1945. (1963, c. 854, ss. 3, 3 1/2; 1985 (Reg. Sess., 1986),c. 934, ss. 5, 6; 1999‑458, s. 5.)