(A) Creation and establishment.
(1) There is hereby created and established a special tax district within York County, South Carolina, to be known as the Newport Rural Fire District, which shall include and be comprised of territory in York County embraced within the following description:
All that certain portion of York County located northwest of the City of Rock Hill and southwest of the City of Tega Cay and being the identical area described as the Newport Rural Fire District as shown on a map of the Newport Rural Fire District, a copy of which is on file in the York County Planning Commission office, and a copy of which is attached to Ordinance 491 and incorporated herein by as a part of this description. The Newport Rural Fire District has such size, shape and boundaries as is shown on that map, reference to which is herewith made.
(2) The Newport Rural Fire District is created and established for the purpose and function of providing rural fire protection services therein. The Council is hereby authorized to exercise all powers and to perform all duties necessary to the proper rendering of rural fire protection services therein.
(3) There is hereby created and established a Board of Rural Fire Control for the Newport Rural Fire District. The Newport Rural Fire District shall be managed and operated by the Board of Fire Control. The Board of Fire Control of the Newport Rural Fire District shal1 consist of five members appointed by the County Council, who must be residents of the area encompassed within the Newport Rural Fire District.
(4) (a) The members of the Board of Fire Control 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 of Fire Control shall be eligible for reappointment. The members of the Board of Fire Control shall serve without compensation or pay. The Board of Fire Control shall annually elect a chairman, a vice-chairman, a secretary, a treasurer and such other officers as it deems necessary. The Board of Fire Control shall meet no less frequently than quarterly, and at such other times as called by the chairman or upon written request of a majority of the members.
(b) 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 membership on the Board and shall be removed without further action by the Board or the York County Council. It shall be the responsibility of the Board’s secretary to notify the Board, the offending member and the York County Council of such absences, removal and vacancy. The County Council shall fill the vacancy created thereby in the manner of the original appointment for the unexpired term of that member.
(5) The Board of Fire Control shall be authorized to exercise such powers with respect to the functions of the Newport Rural Fire District as shall not be inconsistent with the general policies established by the Council, and pursuant to that authority shall be empowered to:
(a) Buy such fire-fighting equipment as the Board deems necessary for the purpose of controlling fires within the funds allocated or made available to the Board for such purposes;
(b) Select the sites or places within the service area of Newport Rural Fire District where fire-fighting equipment shall be kept;
(c) Employ all necessary personnel and fix their compensation;
(d) Procure and supervise the training of firemen to ensure that the equipment shall be utilized for the best interests of the Newport Rural Fire District;
(e) Be responsible for the upkeep, maintenance and repair of trucks and other fire-fighting equipment, and to that end, shall, as frequently as necessary, inspect that equipment;
(f) Promulgate such rules and regulations as it deems necessary to ensure that the equipment is being used to the best advantage of the service area;
(g) Construct, if necessary, buildings to house the equipment authorized herein;
(h) Purchase, lease, hold and dispose of real and personal property in the name of the county for the exclusive use of the Newport Rural Fire District; provided, however, that any such conveyance, lease or purchase of real property shall be by the Council and in accordance with the provisions of S.C. Code §§ 4-9-10 et seq., as amended;
(i) Cooperate or enter into contracts or agreements with any public or private agency that results in improved services or the receipt of financial aid in carrying out the functions of the Newport Rural Fire District; provided, however, that such contracts and agreements shall be subject to approval by the Council;
(j) 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 Newport Rural Fire District. Such budget shall list all funds that the Board of Fire Control anticipates will be available for the operation of the Newport Rural Fire District. All funds appropriated, earned, granted or donated to the Newport Rural Fire District, including funds appropriated by the Council, shall be deposited and expended as provided in this section. All funds appropriated, earned, granted or donated to the Newport Rural Fire District shall be used exclusively for providing rural fire protection services. All financial procedures relating to the Newport Rural Fire District, including audits, shall conform to the practices and procedures established by the Council;
(k) Annually 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;
(l) Annually file a detailed report of its operations and expenditures for the previous fiscal year with the Council.
(B) Levy of ad valorem taxes.
(1) In order to provide for the operation and maintenance of the function of the Newport Rural Fire District, there shall be levied annually by the county auditor and collected by the county treasurer an ad valorem tax in such amount as Council may hereafter determine, not to exceed five mills.
(2) All monies collected by the county treasurer pursuant to the authorization contained in division (B)(2) hereof shall be deposited in a separate and distinct fund and used solely for the purpose of operating and maintaining the Newport Rural Fire District in order to provide rural fire protection service therein.
(Ord. 491, passed 2-18-91)