(A) The County Council may establish a York County Forever Fund to implement the purposes and objectives herein.
(B) The York County Forever Fund is hereby established as a separate and segregated fund for the purpose of funding projects and activities of the York County Forever Commission approved by the County Council. The fund shall consist of all funds appropriated by the County Council, all gifts of land, cash or other assets made to the county for the purposes and objectives contained herein and all other grants or other public or private revenues or gifts, with interest thereon for those purposes.
(C) The York County Forever Fund shall be administered, invested and disbursed by the county treasurer.
(D) The County Council may make annual appropriations for the York County Forever Fund. All funds in the York County Forever Fund shall be used solely and exclusively for the purposes stated herein and unexpended or unused assets and funds shall be maintained in the York County Forever Fund and shall be used solely for the identification, acquisition, lease, protection, maintenance and development of natural, cultural and historical property and resources identified on the list of significant resources developed by the York County Forever Commission. Fund balances not expended during any fiscal year shall be carried forward for the identification, acquisition, lease, protection, preservation or development of resources listed on the commission’s list of significant resources.
(E) (1) All property or interests in property to be used by or for the York County Forever Fund shall be transferred to the county by the persons or entities owning title thereto and all real property used, acquired or leased for commission purposes shall be owned, purchased, leased, held, conveyed or disposed of in the name of the county by the County Council; provided, however, that the County Council may waive the requirement that real property must be owned, purchased, leased or held, conveyed or disposed of in the name of the county if the County Council finds:
(a) That such property constitutes a significant natural, cultural or historical resource of York County;
(b) That the entity acquiring such property is the State of South Carolina or a local governmental entity or a charitable organization, foundation or entity;
(c) That the use of York County Forever funds for the acquisition, purchase, lease, protection, maintenance and development of such property is in the public interest;
(d) That the purchase, lease, protection, maintenance and development of such property promotes the purposes and objectives of the York County Forever Commission contained in this code;
(e) That the acquisition, lease, protection, maintenance and development of such property is for public use and enjoyment;
(f) That York County Forever funds will be used solely for the acquisition of and capital improvements to such property;
(g) That such property is listed on the York County Forever Commission list of significant natural, cultural or historical resources in the county; and
(2) All property or interests in property shall be listed on a fixed asset ledger which shall be maintained by the York County Forever Commission and/or the county treasurer. The ledger shall show the value of property or interests in property acquired, leased, held, owned, preserved, protected, maintained or developed in whole or in part from funds allocated from the York County Forever Fund.
(Ord. 4998, passed 8-17-98; Am. Ord. 2505, passed 6-6-05)