H. B. 4367
(By Delegate Leggett)
[Introduced February 2, 2000; referred to the
Committee on Political Subdivisions then Finance.]
A BILL to amend and reenact section two, chapter two hundred
sixty-one, acts of the Legislature, regular session, one
thousand nine hundred ninety-six, relating to providing that
participating municipalities and the Hughes River Water
Board may enter into certain agreements extending more than
one year without having the agreements ratified by voter
approval of participating jurisdictions.
Be it enacted by the Legislature of West Virginia:
That section two, chapter two hundred sixty-one, acts of the
Legislature, regular session, one thousand nine hundred
ninety-six, be amended and reenacted to read as follows:
HUGHES RIVER WATER BOARD.
§2. Board of directors; appointment; powers and duties
generally; officers; bylaws; rules.
There shall be a board of directors, consisting of one
member representing each of the participating municipalities.
The municipalities shall make appointments to the board through
their duly constituted government authorities as provided herein.
No later than the first day of July, one thousand nine hundred
ninety-six, the municipality of Cairo shall appoint one member of
the board of directors for the term of three years. The
municipality of Harrisville shall appoint one member for the term
of four years. The municipality of Pennsboro shall appoint one
member for the term of five years. Although members shall serve
from date of appointment, terms of office shall expire as if said
terms had commenced on the first day of July, one thousand nine
hundred ninety-six. Each successor member of the board of
directors shall be appointed by the respective municipality that
appointed the predecessor member and each successor member shall
be appointed for a term of three years, except that any person
appointed to fill a vacancy occurring before the expiration of
the term shall serve only for the unexpired portion thereof. Any
member of the board shall be eligible for reappointment and the
appointing municipality which appointed the member may remove that member at any time for any reason. There shall be an annual
meeting of the board of directors on the second Monday in July of
each year and a monthly meeting on the day in each month which
the board may designate in its bylaws. A special meeting may be
called by the president or any two members of the board and shall
be held only after all of the directors are given notice thereof
in writing. At all meetings two members shall constitute a
quorum and at each annual meeting of the board of directors it
shall elect, from its membership, a president, a vice president,
a secretary and a treasurer: Provided, That a member may be
elected both secretary and treasurer. The board of directors
shall adopt those bylaws and rules which it deems necessary for
its own guidance and for the administration, supervision and
protection of the water board and all of the property belonging
to the water board. The board of directors shall have all the
powers necessary, convenient and advisable for the proper
operation, equipment and management of the water board; and
except as otherwise especially provided in this act, shall have
the powers and be subject to the duties which are conferred and
imposed, upon the cooperating municipalities by article
twenty-three, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended: Provided, however,
That the municipalities and the board may enter into agreements
in furtherance of the Hughes River water project which extend for
a period in excess of one fiscal year without voter approval as
would otherwise be required pursuant to section eight of said
article twenty-three. The qualifications of the directors shall
be determined by each participating municipality.
NOTE: The purpose of this bill is to provide that Hughes
River Water Board may enter into agreements extending more than
one year without having the agreements ratified by voter approval
as would otherwise be required by §8-23-8.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.