H. B. 4065
(By Delegates Manuel and Doyle)
[Introduced January 18, 2000; referred to the
Committee on Political Subdivisions then Government
Organization.]
A BILL to amend and reenact section four, article twenty-six-a,
chapter eight of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to giving
municipalities and counties the option of expanding the
membership of historic landmark commissions from five members
to as many as nine members, at the discretion of the mayor or
county commission, respectively.
Be it enacted by the Legislature of West Virginia:
That section four, article twenty-six-a, chapter eight of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 26A. MUNICIPAL AND COUNTY HISTORIC LANDMARKS COMMISSIONS.
§8-26A-4. Municipality or county may establish historic landmarks
commission; appointments; detailed provisions to be provided by ordinance or order; appropriation of
funds.
Any municipality by ordinance and any county by order of the
county commission entered of record may, if it so desires,
establish a municipal historic landmarks commission or county
historic landmarks commission, hereinafter in this article referred
to as the commission, to consist of not less than five and not more
than nine members, as determined by the mayor or county commission,
respectively, and appointed by the mayor or county commission, as
the case may be respectively.
In any such ordinance or order, the governing body shall
include provisions specifying: (a) The terms of the members of
such commission; (b) a method of filling vacancies; (c) whether the
members of the commission are to be reimbursed for all reasonable
and necessary expenses actually incurred in the performance of
their duties; (d) the officers of the commission to be elected from
the membership thereof; (e) requirements as to meetings of the
commission; (f) requirements as to a quorum of the commission; (g)
requirements as to voting by members of the commission; and (h)
such other matters as may be deemed necessary or desirable for the
proper functioning of the commission. In the event the ordinance
or order establishing such commission shall authorize the
commission to issue certificates of appropriateness, the ordinance
or order shall require a majority of the members to have demonstrated special interest, experience or education in history,
architecture, planning, real estate or law, to the extent such
persons are available in the community. In establishing such a
commission and making appointments to it, a local governing body
may seek the advice of any national, state or local historical
agency, society or organization.
Any such commission may also be authorized and empowered by
any such ordinance or order to employ, within the limits of funds
available therefor, such employees, assistants, technical personnel
and consultants as are necessary to discharge the duties and
responsibilities of the commission.
Any municipality or county establishing any such commission
shall have plenary power and authority to appropriate funds to such
commission for expenditure by the commission for the purposes of
this article.
NOTE: The purpose of this bill is to give municipalities and
counties the option of expanding the membership of historic
landmark commissions from 5 members to as many as 9 members, at the
discretion of the mayor or county commission, respectively.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.