ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 205
(By Senators Kessler, Edgell, Craigo, Jackson, Deem, Minard,
Dittmar and Ross)
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[Originating in the Committee on Government Organization;
reported February 3, 2000.]
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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 authorizing
participating municipalities and the Hughes River water board
to enter into agreements extending more than one year without
ratification by voters in 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:
Be it enacted by the Legislature of West Virginia:
HUGHES RIVER WATER BOARD.
§2. Board of directors; appointment; powers and duties.
(a) 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.
(b) 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.
(c) 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, That participating 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.
The qualifications of the directors shall be determined by
each participating municipality.