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under this Article that bas been expended for a public school <br />capital outlay purpqses (including retirement of indebtedness <br />incurred and sondes reserved for these pur[oses), and any other <br />/actors it deems relevant to carrying out the intent stated in <br />subsection (a) of this section. <br /> (c} Any local board of education may petition the Local <br />Government Connission to sake a iiutlng that the funds provided <br />by a county for public school capital outlay purposes are, a/thin <br />the financial resources available and consistent ~ith the fiscal <br />policies of the Board of County Coamissioners, inadequate to seer <br />the public school capital outlay needs within that county and <br />that t~e Board of County Commissioners has not complied with the <br />requirements or intent of this Article. ~he petition shall be ia <br />the form prescribed by the Commission. In makinq its finding, <br />the Commission shall consider the facts it is required to report <br />under G.$. 105-503, as well as any other informatios it deems <br />necessary. ~he Commission shall report its findings on such <br />petition, to§ether uith any reconneudations it deems appropriate, <br />to the Joint Legislative Conaission on Governmental Cperations. <br /> -§ 105-50q. Use of additicnal tax revenue by municipalit~eSo-- <br />(a) Except as provided in subsection (b} or (e), forty percent <br />iq0~) of the revenue received by a municipality from additional <br />ose-half percent (1/2~} sales and use taxes levied under this <br />Article during the first five fiscal years in which the <br />additional taxes are in effect in the aanicipality and thirty <br />percent (30~) of the revenue received by a municipality from <br />these taxes in the second five fiscal years is which the taxes <br />are in effect in the municipality nay be used by the municipality <br />only for Hater and sewage capital outlay p~rposes or to retire <br />any indebtedness imcurrei by the municipality for th~se purposes. <br /> (b) The Local Government Commission may, upon petition by a <br />~unici~ality, authorize a municipality to use'part or all its tax <br />revenue, otburwise required by subsection {a) to be used for <br />water amd sewage capital needs~ for any lawful purpose. ~h~ <br />petition ~shall be in the form prescribed by the Local Government <br />Commission and shall demonstrate that the ~unicipa]ity can <br />provide for its water and sewaqe capital needs without <br />~strictinq the use of part or all of thf designated amoumt of <br />the additional one-half percent (1/2~) sales and use tax revesn~ <br />for these purposes. <br /> Xn making its decision, the Local Government Comsisslon mav <br />consider information from sources other than the petition. The <br />Cowmission shall issue a written decisicn on each petition <br />statiaq the findinqs of the Commission concerninq th~ water and <br />sewage capital needs of the petitiomisg ~unicipalit¥ and the <br />percentaqe of revenue otherwise restricted by subsection (a) that <br />say be used by the ~etitioninq musicipalit¥ for any lawful <br />purpose. <br /> Decisions of the Commission allowing ~umicipalities to use a <br />percentage of their tax revenue that uould otheruise be <br />restricted un,er subsection {a} for any lawful purpose are final <br />and shal! continue in effect until the restriction imposed by <br />that subsection expires. ~ musicipality whose petition is <br />denisd, io wl~ole or in part, by the Connission =ay subsequently <br />submit a new petition to the Commission. <br /> <br /> touse ~ill 1542 <br /> <br /> <br />