(A) There is hereby created and established a special tax district within York County, South Carolina, to be known as Bethel-Lake Wylie Land Acquisition and Preservation Parks District, which shall include and be comprised of territory in York County embraced within the following description: That certain area shown and described on a map of Bethel-Lake Wylie Land Acquisition and Preservation Parks District, a copy of which is attached to Ordinance No. 5223, marked Exhibit “A” and incorporated herein by reference.
(B) B-LW LAPP 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, or his or her designee, 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 Bethel-Lake Wylie Land Acquisition and Preservation Parks District (“Board”), which shall consist of five members appointed by the County Council, who must be residents of the area encompassed within Bethel-Lake Wylie Land Acquisition and Preservation Parks District, which shall assist and advise the county manager as may be requested by the County Manager, and which shall 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 four years; 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 or his or her designee.
(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 of Bethel-Lake Wylie Land Acquisition and Preservation Parks District. It shall be the responsibility of the Board's secretary to notify the Board, the offending member, the York County Council, and the county manager of such absences, removal and vacancy, and the York 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, or his or her designee, is hereby authorized to exercise such powers with respect to its functions 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 B-LW LAPP District as an Agency of York County;
(2) Develop an organizational chart for the administration of the District, including job titles, descriptions, salary ranges, and duties (consistent with York County Human Resources policies and practices);
(3) Employ and train all necessary personnel and fix their compensation;
(4) Upon recommendation and approval by the York County Council:
(a) Select the sites or places within the service area;
(b) Buy such recreational sites as the Board deems necessary to meet the needs of the recreation and community-based land acquisition and preservation sites within the District;
(c) Construct, maintain, and improve, the designated sites as appropriate and necessary within the District;
(d) Buy such recreation equipment necessary to meet the needs of the recreation facilities within the District.
(5) Purchase, lease, hold and dispose of real and personal property in the name of the county or the county and the B-LW LAPP District for the exclusive use of Bethel-Lake Wylie Land Acquisition and Preservation Parks 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. §§ 4-9-10, et seq., of the Code of Laws of South Carolina, 1976, as amended;
(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 Bethel-Lake Wylie Land Acquisition and Preservation Parks 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 Bethel-Lake Wylie Land Acquisition and Preservation Parks District. Such budget shall list all funds which the Board of B-LW LAPP District anticipates will be available for the operations of the district. All funds appropriated, earned, granted or donated to Bethel-Lake Wylie Land Acquisition and Preservation Parks 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 B-L W LAPP District shall be used exclusively for providing parks and recreation facilities and services. All financial procedures relating to Bethel-Lake Wylie Land Acquisition and Preservation Parks District, including audits, shall conform to the practices and procedures established by the Council;
(8) Annually, in accordance with the budget schedule and process, submit to the 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 with the Council 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.
(10) Work with the county liaison to facilitate the operation of the District as an Agency of the County.
(F) County liaison. The District Board 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 county management; and, addressing such other requests which may periodically be assigned to the liaison by the county manager or the Board.
(Ord. 521, passed 1-19-21; Am. Ord. 1122, passed 2-21-22; Am. Ord. 5223, passed 10-2-23)