§ 35.180 CREATION AND ESTABLISHMENT.
   (A)   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 (also referred to herein as "District"), which shall include and be comprised of territory in the county embraced within the certain area as shown on the map attached to Ordinance 3117.
   (B)   Lake Wylie Parks and Recreation District is created and established for the purpose and function of providing recreation facilities and services therein, to be operated as an agency of the county under the direction of the County Manager, who is hereby authorized to exercise all powers and perform all duties necessary to the proper rendering of recreation services therein.
   (C)   There is hereby created and established a Board of the Lake Wylie Parks and Recreation District (also referred to herein as "Board"), which shall consist of five members appointed by the County Council, who must be residents of the area encompassed within Lake Wylie Parks and Recreation District, which shall assist and advise the County Manager, as may be requested by the County Manager, and which shall set and recommend the user service charge(s) applicable to the District.
   (D)   (1)   The members of the Board shall be appointed to their initial terms as follows: 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 shall be eligible for reappointment. The members of the Board shall serve without compensation or pay. The Board shall annually elect a chairman, a vice-chairman, a secretary, a treasurer and such other officers as it deems necessary. The Board shall meet no less frequently than quarterly, and at such other times as called by the chairman, upon written request of a majority of the members, or upon call of the County Manager. The Board shall have a right to address County Council should a disagreement arise regarding the overall operations of the District.
      (2)   Any member who shall be absent for 50% or more of the meetings of the Board during any calendar year shall be deemed to have forfeited his or her membership on the Board and shall be removed without further action by the Board. It shall be the responsibility of the Board's secretary, or district liaison when necessary, to notify the County Manager, the offending member, the County Council, and the Board of such absences, removal and vacancy, and the County Council shall fill the vacancy created thereby in the manner of the original appointment for the unexpired term of such member.
   (E)   The County Manager, as chief executive officer of the county, is hereby authorized to exercise such powers with respect to the functions of the District as shall not be inconsistent with the general policies established by the County Manager, and pursuant to that authority shall be empowered to:
      (1)   Administer the District as an agency of the county;
      (2)   Develop an organizational chart for the administration of the District, including job titles, descriptions, salary ranges, and duties (consistent with county Human Resources policies and practices);
      (3)   Employ and train all necessary personnel and fix their compensation;
      (4)   Upon recommendation and approval by the County Council;
         (a)   Buy such recreation equipment as the Board deems necessary to meet the needs of the recreation facilities within the District;
         (b)   Select the sites or places within the service area; or
         (c)   Construct appropriate and necessary recreational facilities within the District;
      (5)   Purchase, lease, hold and dispose of real and personal property in the name of the County for the exclusive use of the District; provided, however, that any such conveyance, lease or purchase of real property shall be approved by the Council and in accordance with the provisions of S.C. Code §§ 4-9-10 et seq.
      (6)   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 the District; provided, however, that such contracts and agreements shall be subject to approval by the Council;
      (7)   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 District. Such budget shall list all funds which the District anticipates will be available for the operations of the District. All funds appropriated, earned, granted or donated to the District, including funds appropriated by the Council shall be deposited and expended as provided in this subchapter. All funds appropriated, earned, granted or donated to the District shall be used exclusively for providing parks and recreation facilities and services. However, allocation of donated funds shall be as earmarked through the donation, or if a specific use is not designated, as a recommendation of the Tax Board. All financial procedures relating to the District, including audits, shall conform to the practices and procedures established by the Council;
      (8)   Annually submit to the County 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;
      (9)   Annually file a detailed report of its operations and expenditures for the previous fiscal year, in the form of an annual audit, which shall be conducted in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in the Government Auditing Standards, issued by the Comptroller General of the United States. These annual audits shall be completed and submitted to Council by December 31 for the fiscal year ended June 30 of the same year; and
      (10)   Perform such other functions as deemed necessary in the administration of the District.
   (F)   Recreation property. The District shall utilize county owned property identified as TMS# 55-00-00-181 solely as recreation property to benefit the programs for the District. Additional recreation property may be added for District use upon approval by County Council.
   (G)   County liaison. The District shall utilize a county liaison who shall serve at the pleasure of the County Manager. The liaison is hereby designated as the County Manager or his or her designee. The duties of the liaison shall include but not be limited to conveying information between the District Board and the County Manager; evaluating the administration of programs approved within the District; responding to the inquiries of County Council and/or the County Manager; and, addressing such other requests which may periodically be assigned to the liaison by the County Manager or the Board.
(Ord. 1817, passed 5-1-17; Am. Ord. 1122, passed 2-21-22)