Resolution - Cape Fear Fire Srvs. District - #2011-20

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2011 - r_>Z 0 LEE COUNTY E O 04© 4 a(2 060 C) • Committed Today for a Better Tomorrow RESOLUTION ESTABLISHING AND DEFINING THE CAPE FEAR FIRE PROTECTION AND RESCUE SERVICE DISTRICT OF LEE COUNTY WHEREAS, Lee County, a political subdivision of the State of North Carolina, has created within its jurisdictional limits the Cape Fear Rural Fire Protection (RFP) District and contracted with the Cape Fear Rural Fire Department to provide fire protection and rescue services to the property owners and residents in the District; and WHEREAS, a majority of the property owners and residents in the Clearwater Forest residential community and adjacent area, whose property currently is located in the Cape Fear RFP District, has petitioned the County to transfer by July 1, 2011 the responsibility of providing fire protection and rescue services in the area from the Cape Fear RFP District to the City of Sanford with the goal of improving the area's fire protection class rating, which, for some property, is now "unprotected." WHEREAS, pursuant to "The County Service District Act of 1973," North Carolina General Statute 153A -300 et seq., the Lee County Board of Commissions (hereinafter "Board ") • may establish and define one or more county service districts within which the County may assess taxes to pay for the provision of fire protection and rescue services within a district, provided the Board finds that: (1) a demonstrable need for the services exists; (2) it is impossible or impracticable to provide the services on a county -wide basis; (3) it is economically feasible to provide the services in the district(s) without unreasonable or burdensome annual tax levies; and (4) there is a demonstrable demand for the services by the property owners persons residing in the district; and WHEREAS, in accordance with the Act, the Board held a duly noticed public hearing on June 15, 2011, to address a proposal to establish two fire protection and rescue service districts within the territorial jurisdiction of the existing Cape Fear RFP District to be named the Clearwater Forest Fire Protection and Rescue Service District and the Cape Fear Fire Protection and Rescue Service District and to address the fire protection and rescue service needs of property owners and residents living in the territory of the Cape Fear RFP District that would remain if the proposed Clearwater Forest Fire Protection and Rescue Service District is established; and WHEREAS, in determining whether to establish the Cape Fear Fire Protection and Rescue Service District, the Board has considered the resident and seasonal populations and population density of the proposed district; the appraised value of property subject to taxation in the proposed district; the present tax rate of the County; the ability of the proposed service • district to sustain the additional taxes necessary to provide fire protection and rescue services