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Introduced Version Senate Bill 159 History

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sb159 intr
Senate Bill No. 159

(By Senators Tomblin, Mr. President,

McCabe, Bowman, Plymale, Barnes, Foster, Minard, Unger and Jenkins)

____________

[Introduced February 11, 2005; referred to the Committee

on Government Organization.]

____________



A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §8-8A-1, §8-8A-2, §8-8A-3, §8-8A-4, §8-8A-5, §8-8A-6, §8-8A-7, §8-8A-8, §8-8A-9, §8-8A-10, §8-8A-11, §8-8A-12, §8-8A-13, §8-8A-14, §8-8A-15, §8-8A-16, §8-8A-17, §8-8A-18, §8-8A-19, §8-8A-20, §8-8A-21 and §8-8A-22, all relating to the formation of metro government; definitions; purpose; metro government charter commission; method of selecting members of the charter commission; organization of charter commission; preparation of proposed charter; contents of the charter; public hearings; notice; governing bodies of county and municipalities approve or disapprove; referendum on proposed charter; election; effect of adoption or rejection of the proposed charter; matters involving public education not affected; rules, ordinances and resolutions of metro government; responsibility for existing liabilities; change of property ownership; federal and state aid; taxes; courts and judicial functions; amendment of charter; creation of municipality after charter commission created; subsequent inclusion of municipality in metro government; referenda; and consolidation with county wherein majority of municipal territory lies.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §8-8A-1, §8-8A-2, §8-8A-3, §8-8A-4, §8-8A-5, §8-8A-6, §8-8A-7, §8-8A-8, §8-8A-9, §8-8A-10, §8-8A-11, §8-8A-12, §8-8A-13, §8-8A-14, §8-8A-15, §8-8A-16, §8-8A-17, §8-8A-18, §8-8A-19, §8-8A-20, §8-8A-21 and §8-8A-22, all to read as follows:
ARTICLE 8A. FORMATION OF METRO GOVERNMENT.
§
8-8A-1. Definitions.
(a) For the purpose of this article:
(1) "Municipal governing body" means the governing body of the municipality or other public agency possessing power and authority usually possessed by a governing body of the municipality.
(2) "Governing body of the county" means the governing body of a particular county or other entity possessing the power and authority usually possessed by a county commission.
(3) "Metro government" means the political entity created by consolidation of all, or substantially all, of the political and corporate functions of a county and a municipality or municipalities located therein.
(4) "Metro government charter commission" or "charter commission" means a commission established to propose to the voters for adoption the charter for a metro government.
(5) "Municipal corporation" means an incorporated city or town.
(6) "Principal city" means that municipal corporation having the largest population of any municipality in a particular county.
(7) "Smaller municipality" means any municipal corporation in a particular county other than the principal city.
§8-8A-2. Purpose.
Each county in this State, without regard to population and the municipal corporations within such county, may consolidate all, or substantially all, of their governmental and corporate functions in the manner and with the consequences herein provided. The consolidation when complete shall result in the creation and establishment of a new metro government to perform all, or substantially all, of the governmental and corporate functions previously preformed by the county and by the municipal corporations in the county, the voters of which approve the consolidation. §8-8A-3. Metro government charter commission.
The initial step in a consolidation hereunder shall be the creation of a metro government charter commission, sometimes called a "charter commission," by the governing body of the county. The commission shall be created, pursuant to the provisions below, by the governing body of the county within thirty days of: (i) The adoption of a consolidation resolution by the governing body of a county; (ii) the receipt of a copy of a consolidation resolution by the governing body of the principal city in the county; or (iii) the receipt of a petition, signed by qualified voters of the county, equal to at least ten percent of the number of votes cast in the last regular election.
§8-8A-4. Method of selecting members of the charter commission.
The governing body of a county shall oversee the creation of a metro government charter commission consisting of thirteen members, all of whom must be residents of the county. It is the Legislature's intent that the persons appointed to the charter commission shall be broadly representative of all areas of the county and principal city and that every effort shall be made to include representatives from various political, social, and economic groups. In furtherance of this legislative intent, the members of the charter commission shall be appointed as follows:
(1) The governing body of the county shall appoint six members of the commission, three of whom shall reside outside the corporate limits of the principal city, with no more than two being elected officials.
(2) The seven remaining members of the charter commission must be residents of the incorporated municipalities within the county, and shall be selected as follows:
(A) First, the total population of all incorporated municipalities within the county, as determined by the most recent certified federal census, must be divided by seven, the result being an apportionate average. The respective population of each municipality in the county must be divided by the apportionate average to determine any appointive index.
(B) Each municipality in the county shall appoint a number of members to the commission equal to the whole number indicated by their appointive index: Provided, That no single municipality may appoint more than four members to the commission. No more than two municipal elected officials may be members of the commission. The option to appoint a municipal elected official is with the two municipalities with the largest populations.
(C) If within the thirty-day period one or more of the municipalities fails or refuses to appoint their proportionate number of members to the commission, the county governing body shall appoint an additional number of members equal to the number that any such municipality is entitled to appoint.
(3) A vacancy on the commission must be filled in the manner of the original appointment.
§8-8A-5. Organization of charter commission.
(a) Within ten days following appointment of all members of the commission, it is the duty of the president of the governing body of the county to call an organizational meeting of the commission and to set the date, time, and location of the meeting, which shall take place no later than twenty days following appointment of all members of the commission.
(b) The first order of business at the organizational meeting is the election of a chairman, secretary, and such other officers as the commission may consider necessary.
(c) A majority of members of the commission constitute a quorum for the transaction of business, but no recommendation of the commission may be included in the proposed charter unless adopted by a two-thirds vote of all of the members of the commission.
(d) The commission is authorized to employ such staff and contract with such consultants as it considers necessary to conduct special studies and assemble information for preparation of the charter subject to the limitation of funds made available to it. No person who holds an elected public office may be employed by the commission.
(e) Members of the charter commission shall not receive per diem or other compensation for their services, except the reimbursement of actual expenses incurred by them in carrying out their duties as members of the commission.
(f)(1) The governing body of the county and the governing bodies of the municipalities within the county are authorized to expend public funds to carry out the provisions of this article.
(2) The total annual expenses to be paid from public funds shall not exceed an amount equal to fifty cents times the population of the commission area, according to the most recent certified federal census. The commission's annual expenses may exceed this amount only if the excess is paid from private funds.
(3) The expenses of the commission shall be paid by the county and each municipality participating in the charter process or from any combination of public or private funds available for that purpose. Each municipality's share shall be its pro rata share of the expenses based upon the ratio that the population of the municipality bears to the total population in the county. The county's share shall be its pro rata share of expenses based upon the ratio that the population of the unincorporated area of the county bears to the total population of the county. The amount paid by each municipality and county participating in the charter process shall be deposited in a segregated account maintained by the county.
(g) The commission shall be automatically dissolved on the date that the terms of office of the members of the governing body for the metro government commence.
§8-8A-6. Preparation of proposed charter.
(a) The commission is authorized to study all matters relating to the establishment of a single countywide government within the county to be known as a metro government which has powers and jurisdiction throughout the territorial limits of the county and which shall supersede and replace existing participating governments of the county and of all participating municipalities and all other participating political subdivisions in the county not continued by the charter. For those purposes, the commission is authorized to draft a proposed metro government charter which may include any legal and constitutional provisions necessary to effectuate the purposes of this chapter.
(b) The commission shall complete all of its studies and draft a proposed charter within six months following the date of its organizational meeting.
(c) The period for the work of the commission may be extended by resolution adopted by the governing body of the county upon a written request submitted by the chairman of the charter commission and approved by a majority vote of the commission's members.
§8-8A-7. Contents of the charter.
The proposed charter shall provide:
(1) For the abolition of specified existing governments within the county and for the creation of a new single government, a metro government, vested with:
(A) Any and all powers which municipalities are, or may hereafter be, authorized or required to exercise under the Constitution and general laws of the State of West Virginia, as fully and completely as though the powers were specifically enumerated therein, except only for such limitations and restrictions as are provided in the general laws or in such charter; and
(B) Any and all powers which counties are, or may hereafter be, authorized or required to exercise under the Constitution and general laws of the State of West Virginia, as fully and completely as through the powers were specifically enumerated therein, except only for such limitations and restrictions as are provided in the general laws or in such charter.
(2) That the territory embraced in the metro government shall be the total area of the county plus any territory in an adjacent county where such territory is part of a participating municipality which lies in two or more counties with the majority of its territory in the county adopting the metro government.
(3) The name of such metro government.
(4) The location of the seat of the metro government.
(5) That the metro government shall be a public corporation, with perpetual succession, capable of suing and being sued, and capable of purchasing, receiving and holding property, real and personal, and of selling, leasing or disposing of the same to the same extent as other governmental entities.
(6) For the creation of the governing body of the metro government, including an odd number of members of not less than five, their qualifications for holding office, titles, powers, duties, terms of office, manner of election, compensation, method of removal, and all other matters of the governing body subject only to constitutional limitation.
(7) For a representation plan for the governing body which representation plan may differ from the representation plan existing at the time of adoption of the charter.
(8) For a plan as to when and how the metro government shall be phased into existence with respect to government structures in existence at the time of adoption of the charter; provided that the governing body of the metro government is substantially in place within two years of the date of adoption of the charter.
(9) For the creation of several classifications of taxing districts by which taxes must be assessed, levied, and collected by the metro government, as limited by this article and other applicable law, in accordance with the kind, character, type, and degree of services provided within the taxing districts, including a general service district which consists of the total area of the county. The rate and manner of taxation may vary in any one district from that in other districts. And for a method by which the taxing districts are created.
(10) For such administrative departments, agencies, boards and commissions as may be necessary and appropriate to perform the consolidated functions of city and county government in an efficient and coordinated manner. For this purpose, the charter shall provide for the alteration or abolition of existing city and county offices, departments, boards, commissions, agencies and functions, except where otherwise provided in the general laws or by the Constitution of West Virginia. However, all departments and agencies of the county and of each consolidated municipality shall continue to operate until their authority to operate is superseded by action of the governing body of the metro government, and the term of office of any elected official shall not be terminated or abridged by the charter; however, at the end of the term of office ending after the adoption of the charter, the elected official shall only be entitled to hold such office for a further term where: (i) The governing body of the metro government continues or retains the position; and (ii) the officer obtains approval of a majority of the voters voting in an election to be held for such purpose or in the next regular election.
(11)For any recommendations submitted to the commission regarding how a municipality that lies in two or more counties shall comply with the provisions of this article regarding a metro government.
(12)For the progressive merger of municipal and county functions to occur over a period of three years and to occur without the unnecessary elimination of jobs. The municipal and county functions to be merged include, without limitation, the city police and county sheriff's departments, fire departments, ambulance services, assessor's offices, and financial and human resource functions for the municipal and county governments.
(13)For municipalities electing to be excluded from the metro government to continue to perform all functions assigned to them by law as existing before consolidation.
(14) For the method or methods by which the metro government may be dissolved. However, any proposal to disband or dissolve a metro government is not authorized until a metro government has been in existence for a minimum of six years.
§8-8A-8. Public hearings; notice.
(a) During the course of its studies, the commission is required to hold at least two public hearings regarding the proposed charter creating a metro government. The first public hearing shall be held within thirty days of the organizational meeting and shall be for the purpose of receiving information and material which will assist in the drafting of a charter. The second public hearing shall be held within five months of the organizational meeting and shall be for the purpose of determining the sentiment of the citizens of the county regarding the work thus far performed by the commission.
(b) The commission shall advertise the date, time, and place of the hearings in a newspaper of general circulation in the county at least twice during the week immediately preceding the week in which the public hearings are to be held.
§8-8A-9. Governing bodies of county and municipalities approve or disapprove.
(a) Immediately upon the completion of its work and the framing of a proposed charter for the creation of a metro government within the county, the proposed charter and an analysis of the fiscal impact of the proposed charter must be submitted to the governing body of the county and to the governing body of each municipality within the county. Within two weeks, the governing body of the county and the governing body of each municipality in the county must vote to approve or disapprove the charter.
(b) If a majority of the governing body of the county and a majority of the governing bodies of the municipalities within that county approve the charter, the proposed charter shall be submitted to the electorate of the county, pursuant to section ten of this article, for the purpose of determining if the county and municipalities within the county will adopt the charter.
(c)(1) If a majority of the governing body of the county or a majority of the governing bodies of the municipalities within that county disapprove the proposed charter, the commission shall have four months to draft a second proposed charter. Immediately upon completion of the second proposed charter, the second proposed charter must be submitted to and approved by the governing body of the county and by the governing body of each municipality within the county pursuant to the above procedure.
(2) If a majority of the governing body of the county or a majority of the governing bodies of the municipalities within that county disapprove the second proposed charter, the commission will be dissolved and another commission may not be created for a minimum of two years.
§8-8A-10. Referendum on proposed charter.
(a) Upon approval by a majority of the governing body of the county and a majority of the governing bodies of the municipalities in the county, the proposed charter, certified by the chairman of the commission, shall be filed by the commission: (i) With the clerk of the governing body of the county; (ii) with the clerk of the governing body of each municipality within the county; and (iii) with the county election commission. The copies are public records and available for inspection or examination by any interested person. The charter commission shall also furnish or make available to every daily or weekly newspaper published in the county a complete copy of the charter. The charter commission shall take such steps as it considers reasonable and appropriate to inform the public throughout the county of the contents of the proposed charter, and the same may be published or summarized in pamphlets and booklets to be made available for general distribution.
(b) Not more than thirty days after approval of the proposed charter by a majority of the governing body of the county and a majority of the governing bodies of each municipality in the county, the governing body of the county shall call for an election for the purpose of submitting the question of consolidation and the proposed charter to all of the qualified voters of the county for adoption or rejection. The county governing body shall set the date of election for a day not less than sixty nor more than ninety days after the issuance of the call.
(c) The county governing body shall publish the date and purpose of the election once a week for three weeks immediately preceding the date of the election in a newspaper of general circulation in the county.
(d) The county charter commission must choose whether the referendum will take place on two separate occasions, once within the county and once within each municipality, in accordance with subdivision (1) of this subsection; or whether the referendum will take place on one occasion, in accordance with subdivision (2) of this subsection.
(1) One election for the county.
(A) Referendum on proposed charter within the county.
(i) The ballot must have written or printed on it the following:
"On the question of creating a metro government in [name of county] and adopting the proposed charter for that metro government, I am:
¿ In favor of metro government
¿ Opposed to metro government"
(ii)In order for the proposed charter to be adopted by the county, it must be approved by a majority of electorate voting upon the question and residing within the county.
(B) Referendum on proposed charter within municipalities.
(i) Not more than thirty days after approval of the proposed charter by the electorate of the county, pursuant to above steps, the governing body of each municipality within the county shall call for an election for the purpose of submitting the question of whether or not the municipality shall become a part of the metro government to all of the qualified voters within the municipality. The municipal governing bodies shall set the date of election for a day not less than sixty or more than ninety days after the issuance of the call.
(ii) The municipality shall publish the date and purpose of the election once a week for three weeks immediately preceding the date of the election in a newspaper of general circulation in the municipality. The ballot must have written or printed on it the following:
"On the question of whether [name of municipality] should join the metro government adopted by [name of county] and adopt the proposed charter,
I am:
¿ In favor of joining the metro government
¿ Opposed to joining the metro government"
(iii) In order for a municipality to adopt the proposed charter and to consolidate with the metro government, the majority of the electorate voting upon the question and residing within the boundaries of the municipality that is proposed to be merged into a metro government must vote in favor of merging into the metro government.
(iv) If a majority of the electorate voting upon the question and residing within the boundaries of a municipality do not vote in favor of merging into the metro government, the charter is void and of no force and effect in that municipality.
(C) The metro government will become effective after adoption by the county and either (i) adoption by the principal city or (ii) adoption by smaller municipalities in which reside at least forty percent of the population of the county as determined by the most recent certified federal census.
(D) A municipality may elect to exclude itself from the metro government formed by adoption of the proposed charter. A majority vote in opposition to the consolidation from the municipality must be construed as a decision to be excluded from consolidation. If the charter is approved by the qualified electors of the county and the qualified electors of the principal city but not approved by a majority of the qualified electors voting on the question in a municipality, the charter is void and of no force and effect only in that municipality.
(2) One election for the county and the municipalities within the county.
(A) The ballot shall be uniform throughout the entire county and must have written or printed on it the following:
"On the question of creating a metro government in [name of county] and adopting the proposed charter for that metro government, I am:
¿ In favor of metro government
¿ Opposed to metro government"
(B)(i) The proposed charter shall be deemed ratified and adopted if the same be approved by a majority of those voting within the county.
(ii)The proposed charter shall be deemed rejected and shall not become effective if it is disapproved by a majority of those voting within the county.
§8-8A-11. Election; effect of adoption or rejection of the proposed charter.
(a) The election will be conducted in accordance with the standard procedures governing county and municipal elections.
(b) The expense of the election will be paid by the county.
(c) If a metro government charter is submitted to the electorate but is not adopted, another charter shall not be submitted to the electorate for at least two years from the date of the election at which the charter was rejected.
(d)(1) If a metro government charter is adopted, a proposed charter for another alternative form of county government shall not be submitted to the electorate for at least six years from the date of the election at which the charter was adopted.
(2) Whenever a charter for a metro government has been adopted, the county governing body shall furnish a certified copy of the charter with the returns of the special election provided in this article to the Secretary of State. The Secretary of State shall issue his or her proclamation showing and declaring the results of the election on the adoption of the proposed charter. One copy of the proclamation must be attached to a copy of the charter certified to the Secretary of State and one copy must be delivered to the clerk of the governing body of the county and the clerks of the governing bodies of the municipalities within the county.
§8-8A-12. Matters involving public education not affected.
Nothing in a charter or in this article may be construed to authorize any commission created pursuant to this article to devolve any additional powers upon metro governments with regard to public school education or school districts or to abolish any school district within the county or to transfer any of its powers, duties, and obligations to the metro government. County boards of education and boards of trustees shall continue to perform their statutory functions in matters related to them as prescribed in the Constitution and general law of the State.
§8-8A-13. Rules, ordinances and resolutions of metro government.
(a) Each rule, ordinance, or resolution in force within a county or within a municipality at the time of consolidation, including zoning ordinances, shall remain in force within that county or within that municipality until superseded by action of the new governing body, unless the rule, ordinance, or resolution is in conflict with a provision of the charter, in which case, the charter provision shall supersede the conflicting rule, ordinance, or resolution.
(b) Ordinances and resolutions relating to public improvements to be paid for, in whole or in part, by special assessments shall remain in effect until paid in full.
§8-8A-14. Responsibility for existing liabilities.
Former areas shall be held responsible for their existing liabilities as provided by law. The adoption of the metro government form of government does not alter any right or liability of the county or a consolidated municipality in effect at the time of the election at which the charter was adopted.
§8-8A-15. Change of property ownership.
Any metro government established under this chapter acquires and succeeds to all rights, obligations, duties, and privileges of the county and in the municipalities consolidated. Without the necessity or formality of deed, bill of sale, or other instrument of transfer, the metro government becomes the owner of all property, assets, contracts, and franchises previously belonging to the county and consolidated municipalities and other political subdivisions in the metro government except school districts. However, if a majority of the qualified electors voting on the question of consolidation in a municipality do not approve the charter as provided in section ten of this article, this section does not apply to that municipality.
§8-8A-16. Federal and state aid.
(a) Any metro government created and established pursuant to this chapter shall be eligible to have, hold, enjoy, and be entitled to any assistance, credits, benefits, moneys, grants, grants-in-aid, funds, loans, aid, appropriations, and matching funds from the State of West Virginia, the United States, or from any other agency, public or private, to the same extent that any county, municipality, or other political subdivision of the State is entitled or by any other provision of law or under any present or future state or federal program.
(b)(1) Such metro government shall be deemed a county and shall also be deemed an incorporated city or municipality for the purposes of determining its right to receive, and for the purposes of receiving, any assistance, credits, benefits, moneys, grants, funds, loans, appropriations, matching funds, state aid or grants- in-aid from the State of West Virginia or from the United States or from any other agency.
(2) When any assistance, credits, benefits, moneys, grants, funds, loans, appropriations, matching funds, state aid or other grants-in-aid are distributed to any county or municipality on the basis of population or area, or both, then the entire population and the total area of the county in which such metro government is established shall be considered in calculating and determining the basis of such distribution.
§8-8A-17. Taxes.
(a) Municipalities and counties that adopt a metro government shall structure the merger in a way that is designed to result in significant tax savings to taxpayers within those municipalities and counties.
(b) The metro government or an agency of such metro government may levy any type of tax authorized by law for counties and municipalities to levy, subject to constitutional limitations: Provided, That for a minimum of three years, taxes will not be raised on individuals, businesses, or any other taxable entity that resided, owned property or existed within the metro government area prior to adoption of the charter.
§8-8A-18. Courts and judicial functions.
(a) The creation of a metro government shall have no effect upon the magistrate courts, circuit courts, and criminal courts established for or functioning in the county affected by a consolidation hereunder.
(b) Municipal courts created by the charters of the principal city and smaller municipalities may be provided for, consolidated, abolished by the charter as courts of such cities: Provided, That the term of office of an incumbent judge of a municipal court shall not be terminated or abridged by the charter, however, at the end of the term of any incumbent judge of a municipal court ending after the adoption of the charter for metro government, such municipal judge shall in no manner hold such office for a further term except by the approval of a majority of the voters voting in an election to be held for such purpose or in the next regular election.
§8-8A-19. Amendment of charter.
(a) If a charter is adopted, it may be amended at any time by one of the following methods:
(1) The governing body of the metro government, by resolution, may submit a proposed amendment to the voters at a general election or at a special election, and the proposed amendment becomes effective upon approval by a majority of those voting within the metro government area.
(2) The governing body of the metro government, by ordinance, may amend the charter. However, within thirty days following publication of the ordinance, if a petition, signed by qualified voters of the metro government area, equal to at least ten percent of the number of votes cast at the last regular election, is filed with the governing body of the metro government, the governing body must submit the charter amendment to the voters at a special election and, in such event, the amendment becomes effective only upon approval of a majority of those voting within the metro government area.
(3) If a petition, signed by qualified voters of the metro government area, equal to at least ten percent of the number of votes cast at the last regular election is filed with the governing body of the metro governing, proposing an amendment to the charter, the governing body must submit the proposed amendment to the voters at a general election or at a special election and, in such event, the amendment becomes effective only upon approval of a majority of those voting within the metro government area.
(b) If an election is held, the governing body shall submit the question of amending the charter to the electorate in substantially the following form:
"Should the amendment described below be adopted for the metro government charter of [name of metro government] which merged [name of county] County and [list each consolidated municipality]?
¿ Yes.
¿ No."
The ballot must contain a brief description and summary of the proposed amendment. §8-8A-20. Creation of municipality after charter commission created.
When a metro government charter commission is created, as provided by this chapter, no municipality shall thereafter be created in the county proposed to be included in the metro government unless and until the proposed charter of metro government shall have been rejected by voters in a referendum election as provided below, or unless and until a charter has been adopted by the voters in a referendum election as provided below, with a provision permitting the creation of such municipality
. §8-8A- 21. Subsequent inclusion of municipality in metro government; referenda.
(a) Any municipality not initially included in the metro government may, at any future time, request to join an existing metro government by resolution of the governing body of the municipality. A municipal governing body may adopt a resolution to join an existing metro government upon its own motion or upon petition of eligible electors of the municipality equal in number to at least twenty-five percent of the persons who voted at the last regular municipal election. Within fifteen days after receiving a valid petition, a municipal governing body shall adopt a resolution in favor of participation in the metro government and shall within ten days of adoption, forward the resolution to the governing body of the metro government.
(b) If a majority of the governing body of the metro government approves the resolution, the question of joining the metro government shall be submitted to the electorate of the petitioning municipality within sixty days after approval of the resolution by the governing body of the metro government.
(c) The expenses of the election must be borne by the petitioning municipality, and the election must be conducted in accordance with the general procedures governing municipal elections and with the procedures in this section for metro government elections.
(d) If a majority of the qualified electorate voting in the municipality approves the resolution to consolidate with the metro government, the governing body of the municipality shall surrender its municipal charter and shall merge into the metro government within thirty days
. §8-8A-22. Consolidation with county wherein majority of municipal territory lies.
(a) Nothing contained within the provisions of this article, or any other law, shall be construed to prohibit a municipal corporation, which lies in two or more counties, from consolidating its governmental and corporate functions with the county in which the majority of its territory lies.
(b) Whenever a municipal corporation which lies in two or more counties is proposed for consolidation with the county in which the majority of its territory lies, any referendum held pursuant to the provisions of this section shall also include all qualified voters of the municipal corporation, regardless of whether such voters reside or own property outside of the boundaries of the county in which the majority of the municipal corporation's territory lies. The respective county election commissions shall cooperate fully in order to implement the provisions of this section in an effective, efficient, and timely manner.
(c) When a charter commission is considering a metro government in a county in which there is located a municipal corporation which lies in two or more counties, the governing body of that municipality shall make a recommendation to the commission as to how that municipality shall comply with the provisions of this article. The commission shall include the recommendations of that municipality in the charter submitted to the qualified electors of the county.
(d) Whenever a municipal corporation which lies in two or more counties consolidates its governmental and corporate functions with the county in which the majority of its territory lies, elections for metro government representation, as well as all other referenda and elections pertaining to the affairs of such metro government, shall also include all qualified voters of such municipal corporation, regardless of whether such voters reside or own property outside of the boundaries of the county in which the majority of the municipal corporation's territory lies. The respective election commissions shall cooperate fully in order to implement the provisions of this section in an effective, efficient, and timely manner.



NOTE: The purpose of this bill is to provide for the formation of metro governments.

This article is new; therefore, strike-throughs and underscoring have been omitted.
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