§ 136‑41.1. Appropriation to municipalities; allocation of funds generally; allocation toButner.
(a) There is annuallyappropriated out of the State Highway Fund a sum equal to the net amount afterrefunds that was produced during the fiscal year by a one and three‑fourthscents (1 3/4¢) tax on each gallon of motor fuel taxed under Article 36C ofChapter 105 of the General Statutes and on the equivalent amount of alternativefuel taxed under Article 36D of that Chapter. The amount appropriated shall beallocated in cash on or before October 1 of each year to the cities and townsof the State in accordance with this section. In addition, as provided in G.S.136‑176(b)(3), revenue is allocated and appropriated from the HighwayTrust Fund to the cities and towns of this State to be used for the samepurposes and distributed in the same manner as the revenue appropriated to themunder this section from the Highway Fund. Like the appropriation from theHighway Fund, the appropriation from the Highway Trust Fund shall be based onrevenue collected during the fiscal year preceding the date the distribution ismade.
Seventy‑five percent(75%) of the funds appropriated for cities and towns shall be distributed amongthe several eligible municipalities of the State in the percentage proportionthat the population of each eligible municipality bears to the total populationof all eligible municipalities according to the most recent annual estimates ofpopulation as certified to the Secretary of Revenue by the State BudgetOfficer. This annual estimation of population shall include increases in thepopulation within the municipalities caused by annexations accomplished throughJuly 1 of the calendar year in which these funds are distributed. Twenty‑fivepercent (25%) of said fund shall be distributed among the several eligiblemunicipalities of the State in the percentage proportion that the mileage ofpublic streets in each eligible municipality which does not form a part of theState highway system bears to the total mileage of the public streets in alleligible municipalities which do not constitute a part of the State highwaysystem.
It shall be the duty of themayor of each municipality to report to the Department of Transportation suchinformation as it may request for its guidance in determining the eligibilityof each municipality to receive funds under this section and in determining theamount of allocation to which each is entitled. Upon failure of anymunicipality to make such report within the time prescribed by the Departmentof Transportation, the Department of Transportation may disregard suchdefaulting unit in making said allotment.
The funds to be allocatedunder this section shall be paid in cash to the various eligible municipalitieson or before October 1 of each year. Provided that eligible municipalities areauthorized within the discretion of their governing bodies to enter intocontracts for the purpose of maintenance, repair, construction, reconstruction,widening, or improving streets of such municipalities at any time after January1 of any calendar year in total amounts not to exceed ninety percent (90%) ofthe amount received by such municipality during the preceding fiscal year, inanticipation of the receipt of funds under this section during the next fiscalyear, to be paid for out of such funds when received.
The Department ofTransportation may withhold each year an amount not to exceed one percent (1%)of the total amount appropriated for distribution under this section for thepurpose of correcting errors in allocations: Provided, that the amount sowithheld and not used for correcting errors will be carried over and added tothe amount to be allocated for the following year.
The word "street" asused in this section is hereby defined as any public road maintained by amunicipality and open to use by the general public, and having an average widthof not less than 16 feet. In order to obtain the necessary information todistribute the funds herein allocated, the Department of Transportation mayrequire that each municipality eligible to receive funds under this sectionsubmit to it a statement, certified by a registered engineer or surveyor of thetotal number of miles of streets in such municipality. The Department ofTransportation may in its discretion require the certification of mileage on abiennial basis.
(b) For purposes ofthis section and of G.S. 136‑41.2 and 136‑41.3, urban servicedistricts defined by the governing board of a consolidated city‑county inwhich street services are provided by the consolidated city‑county, asdefined by G.S. 160B‑2(1), shall be considered eligible municipalities,and the allocations to be made thereby shall be made to the government of theconsolidated city‑county.
(c) Any funds allocatedto the unincorporated area known as the Butner Reservation shall be transferredto the Town of Butner.
(d) Nature. TheGeneral Assembly finds that the revenue distributed under this section is localrevenue, not a State expenditure, for the purpose of Section 5(3) of ArticleIII of the North Carolina Constitution. Therefore, the Governor may not reduceor withhold the distribution. (1951, c. 260, s. 2; c. 948, ss. 2, 3; 1953, c. 1127;1957, c. 65, s. 11; 1963, c. 854, ss. 1, 2; 1969, c. 665, ss. 1, 2; 1971, c.182, ss. 1‑3; 1973, c. 476, s. 193; c. 500, s. 1; c. 507, s. 5; c. 537,s. 6; 1975, c. 513; 1977, c. 464, s. 7.1; 1979, 2nd Sess., c. 1137, s. 50;1981, c. 690, s. 4; c. 859, s. 9.2; c. 1127, s. 54; 1985 (Reg. Sess., 1986), c.982, s. 1; 1989, c. 692, s. 1.6; 1995, c. 390, s. 26; c. 461, s. 18; 1997‑443,s. 11A.118(a); 2000‑165, s. 1; 2002‑120, s. 5; 2007‑269, s.13.)
§ 136‑41.1. Appropriation to municipalities; allocation of funds generally; allocation toButner.
(a) There is annuallyappropriated out of the State Highway Fund a sum equal to the net amount afterrefunds that was produced during the fiscal year by a one and three‑fourthscents (1 3/4¢) tax on each gallon of motor fuel taxed under Article 36C ofChapter 105 of the General Statutes and on the equivalent amount of alternativefuel taxed under Article 36D of that Chapter. The amount appropriated shall beallocated in cash on or before October 1 of each year to the cities and townsof the State in accordance with this section. In addition, as provided in G.S.136‑176(b)(3), revenue is allocated and appropriated from the HighwayTrust Fund to the cities and towns of this State to be used for the samepurposes and distributed in the same manner as the revenue appropriated to themunder this section from the Highway Fund. Like the appropriation from theHighway Fund, the appropriation from the Highway Trust Fund shall be based onrevenue collected during the fiscal year preceding the date the distribution ismade.
Seventy‑five percent(75%) of the funds appropriated for cities and towns shall be distributed amongthe several eligible municipalities of the State in the percentage proportionthat the population of each eligible municipality bears to the total populationof all eligible municipalities according to the most recent annual estimates ofpopulation as certified to the Secretary of Revenue by the State BudgetOfficer. This annual estimation of population shall include increases in thepopulation within the municipalities caused by annexations accomplished throughJuly 1 of the calendar year in which these funds are distributed. Twenty‑fivepercent (25%) of said fund shall be distributed among the several eligiblemunicipalities of the State in the percentage proportion that the mileage ofpublic streets in each eligible municipality which does not form a part of theState highway system bears to the total mileage of the public streets in alleligible municipalities which do not constitute a part of the State highwaysystem.
It shall be the duty of themayor of each municipality to report to the Department of Transportation suchinformation as it may request for its guidance in determining the eligibilityof each municipality to receive funds under this section and in determining theamount of allocation to which each is entitled. Upon failure of anymunicipality to make such report within the time prescribed by the Departmentof Transportation, the Department of Transportation may disregard suchdefaulting unit in making said allotment.
The funds to be allocatedunder this section shall be paid in cash to the various eligible municipalitieson or before October 1 of each year. Provided that eligible municipalities areauthorized within the discretion of their governing bodies to enter intocontracts for the purpose of maintenance, repair, construction, reconstruction,widening, or improving streets of such municipalities at any time after January1 of any calendar year in total amounts not to exceed ninety percent (90%) ofthe amount received by such municipality during the preceding fiscal year, inanticipation of the receipt of funds under this section during the next fiscalyear, to be paid for out of such funds when received.
The Department ofTransportation may withhold each year an amount not to exceed one percent (1%)of the total amount appropriated for distribution under this section for thepurpose of correcting errors in allocations: Provided, that the amount sowithheld and not used for correcting errors will be carried over and added tothe amount to be allocated for the following year.
The word "street" asused in this section is hereby defined as any public road maintained by amunicipality and open to use by the general public, and having an average widthof not less than 16 feet. In order to obtain the necessary information todistribute the funds herein allocated, the Department of Transportation mayrequire that each municipality eligible to receive funds under this sectionsubmit to it a statement, certified by a registered engineer or surveyor of thetotal number of miles of streets in such municipality. The Department ofTransportation may in its discretion require the certification of mileage on abiennial basis.
(b) For purposes ofthis section and of G.S. 136‑41.2 and 136‑41.3, urban servicedistricts defined by the governing board of a consolidated city‑county inwhich street services are provided by the consolidated city‑county, asdefined by G.S. 160B‑2(1), shall be considered eligible municipalities,and the allocations to be made thereby shall be made to the government of theconsolidated city‑county.
(c) Any funds allocatedto the unincorporated area known as the Butner Reservation shall be transferredto the Town of Butner.
(d) Nature. TheGeneral Assembly finds that the revenue distributed under this section is localrevenue, not a State expenditure, for the purpose of Section 5(3) of ArticleIII of the North Carolina Constitution. Therefore, the Governor may not reduceor withhold the distribution. (1951, c. 260, s. 2; c. 948, ss. 2, 3; 1953, c. 1127;1957, c. 65, s. 11; 1963, c. 854, ss. 1, 2; 1969, c. 665, ss. 1, 2; 1971, c.182, ss. 1‑3; 1973, c. 476, s. 193; c. 500, s. 1; c. 507, s. 5; c. 537,s. 6; 1975, c. 513; 1977, c. 464, s. 7.1; 1979, 2nd Sess., c. 1137, s. 50;1981, c. 690, s. 4; c. 859, s. 9.2; c. 1127, s. 54; 1985 (Reg. Sess., 1986), c.982, s. 1; 1989, c. 692, s. 1.6; 1995, c. 390, s. 26; c. 461, s. 18; 1997‑443,s. 11A.118(a); 2000‑165, s. 1; 2002‑120, s. 5; 2007‑269, s.13.)
§ 136‑41.1. Appropriation to municipalities; allocation of funds generally; allocation toButner.
(a) There is annuallyappropriated out of the State Highway Fund a sum equal to the net amount afterrefunds that was produced during the fiscal year by a one and three‑fourthscents (1 3/4¢) tax on each gallon of motor fuel taxed under Article 36C ofChapter 105 of the General Statutes and on the equivalent amount of alternativefuel taxed under Article 36D of that Chapter. The amount appropriated shall beallocated in cash on or before October 1 of each year to the cities and townsof the State in accordance with this section. In addition, as provided in G.S.136‑176(b)(3), revenue is allocated and appropriated from the HighwayTrust Fund to the cities and towns of this State to be used for the samepurposes and distributed in the same manner as the revenue appropriated to themunder this section from the Highway Fund. Like the appropriation from theHighway Fund, the appropriation from the Highway Trust Fund shall be based onrevenue collected during the fiscal year preceding the date the distribution ismade.
Seventy‑five percent(75%) of the funds appropriated for cities and towns shall be distributed amongthe several eligible municipalities of the State in the percentage proportionthat the population of each eligible municipality bears to the total populationof all eligible municipalities according to the most recent annual estimates ofpopulation as certified to the Secretary of Revenue by the State BudgetOfficer. This annual estimation of population shall include increases in thepopulation within the municipalities caused by annexations accomplished throughJuly 1 of the calendar year in which these funds are distributed. Twenty‑fivepercent (25%) of said fund shall be distributed among the several eligiblemunicipalities of the State in the percentage proportion that the mileage ofpublic streets in each eligible municipality which does not form a part of theState highway system bears to the total mileage of the public streets in alleligible municipalities which do not constitute a part of the State highwaysystem.
It shall be the duty of themayor of each municipality to report to the Department of Transportation suchinformation as it may request for its guidance in determining the eligibilityof each municipality to receive funds under this section and in determining theamount of allocation to which each is entitled. Upon failure of anymunicipality to make such report within the time prescribed by the Departmentof Transportation, the Department of Transportation may disregard suchdefaulting unit in making said allotment.
The funds to be allocatedunder this section shall be paid in cash to the various eligible municipalitieson or before October 1 of each year. Provided that eligible municipalities areauthorized within the discretion of their governing bodies to enter intocontracts for the purpose of maintenance, repair, construction, reconstruction,widening, or improving streets of such municipalities at any time after January1 of any calendar year in total amounts not to exceed ninety percent (90%) ofthe amount received by such municipality during the preceding fiscal year, inanticipation of the receipt of funds under this section during the next fiscalyear, to be paid for out of such funds when received.
The Department ofTransportation may withhold each year an amount not to exceed one percent (1%)of the total amount appropriated for distribution under this section for thepurpose of correcting errors in allocations: Provided, that the amount sowithheld and not used for correcting errors will be carried over and added tothe amount to be allocated for the following year.
The word "street" asused in this section is hereby defined as any public road maintained by amunicipality and open to use by the general public, and having an average widthof not less than 16 feet. In order to obtain the necessary information todistribute the funds herein allocated, the Department of Transportation mayrequire that each municipality eligible to receive funds under this sectionsubmit to it a statement, certified by a registered engineer or surveyor of thetotal number of miles of streets in such municipality. The Department ofTransportation may in its discretion require the certification of mileage on abiennial basis.
(b) For purposes ofthis section and of G.S. 136‑41.2 and 136‑41.3, urban servicedistricts defined by the governing board of a consolidated city‑county inwhich street services are provided by the consolidated city‑county, asdefined by G.S. 160B‑2(1), shall be considered eligible municipalities,and the allocations to be made thereby shall be made to the government of theconsolidated city‑county.
(c) Any funds allocatedto the unincorporated area known as the Butner Reservation shall be transferredto the Town of Butner.
(d) Nature. TheGeneral Assembly finds that the revenue distributed under this section is localrevenue, not a State expenditure, for the purpose of Section 5(3) of ArticleIII of the North Carolina Constitution. Therefore, the Governor may not reduceor withhold the distribution. (1951, c. 260, s. 2; c. 948, ss. 2, 3; 1953, c. 1127;1957, c. 65, s. 11; 1963, c. 854, ss. 1, 2; 1969, c. 665, ss. 1, 2; 1971, c.182, ss. 1‑3; 1973, c. 476, s. 193; c. 500, s. 1; c. 507, s. 5; c. 537,s. 6; 1975, c. 513; 1977, c. 464, s. 7.1; 1979, 2nd Sess., c. 1137, s. 50;1981, c. 690, s. 4; c. 859, s. 9.2; c. 1127, s. 54; 1985 (Reg. Sess., 1986), c.982, s. 1; 1989, c. 692, s. 1.6; 1995, c. 390, s. 26; c. 461, s. 18; 1997‑443,s. 11A.118(a); 2000‑165, s. 1; 2002‑120, s. 5; 2007‑269, s.13.)
