Senate Bill No. 347
(By Senator Bowman)
____________
[Introduced January 24, 2002; referred to the Committee
on Government Organization.]
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A BILL to amend and reenact section three-i, article one,
chapter seven of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; and to amend article
twenty-three, chapter eight of said code by adding thereto
a new section, designated section three-b, all relating to
local governments; authorizing intergovernmental agreements
between public agencies without specified powers and public
agencies with specified powers; and requirements for such
intergovernmental agreements.
Be it enacted by the Legislature of West Virginia:
That section three-i, article one, chapter seven of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and that article twenty-
three, chapter eight of said code be amended by adding thereto a new section, designated section three-b, all to read as
follows:
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-3i. County commission may cooperate with other
governmental units; intergovernmental agreements.
(a) Any county commission may join together in the exercise
of any of its powers, duties and responsibilities, or otherwise
cooperate with any other county or counties, municipality or
municipalities, the government of this state or of the United
States in carrying out any lawful purpose not in conflict with
the constitution of West Virginia: Provided, That the county
commission of any county sharing a common border with any other
state is hereby empowered to enter into reciprocal agreements
with governmental subdivisions or agencies of such other state
for the protection of people and property from fire and for
emergency medical services and for the reciprocal use of county
equipment and personnel for such purpose.
(b) A county commission is authorized to enter into
intergovernmental agreements with other public agencies,
pursuant to section three-b, article twenty-three, chapter eight
of this code, and is hereby given such limited power as is
needed to implement the proposed public works project specified
in such intergovernmental agreement.
ARTICLE 23. INTERGOVERNMENTAL RELATIONS-CONTRACTING AND JOINT
ENTERPRISES.
§8-23-3b. Intergovernmental agreements between public agencies
without specified powers and public agencies with
specified powers.
(a) A public agency not having specified powers for a
specific public works project is hereby authorized to enter into
an intergovernmental agreement for a specific public works
project, pursuant to the provisions of this section
, with a
public agency having specified powers for a specific public
works project.
(b) Two or more public agencies may enter into an
intergovernmental agreement with one another for a specific
public works project, pursuant to the provisions of this
section: Provided, That one public agency shall have specified
powers for the specific public
works
project.
(c) A public agency without specified powers for a specific
public works project
shall only have the limited authority
necessary to:
(1) Enter into an intergovernmental agreement for a specific
public works project
;
(2) Implement the specific
public works project specified
in the
intergovernmental agreement;
(3) Provide a method of financing to implement the specific
public works project specified in the intergovernmental
agreement; and
(4) Charge any fees necessary for the specific public works
project specified in the intergovernmental agreement.
(d) The intergovernmental agreement
shall contain the
following provisions:
(1) The specific public
works
project
;
(2) Why the specific public
works
project
is necessary;
(3) The public agencies involved;
(4) The specified powers of at least one public agency for
the specific public
works
project;
(5) The willingness of the public agency without specified
powers
to enter into the intergovernmental agreement and to help
with the specific public works project;
(6) Show that the specific public works project is mutually
beneficial to all the public agencies involved;
(7) The method of financing the specific public works
project;
(8) If applicable, the method of collecting fees and dealing
with delinquent fees;
(9) The duration of the intergovernmental agreement;
(10) The method to be used to accomplish the specific public works project;
(11) The duration of the specific public works project; and
(12) The manner of acquiring, holding and disposing of real
and personal property used in the specific public works project.
(e) If the public agencies agree to create a separate legal
or administrative entity to conduct the specific public works
project, then the intergovernmental agreement must contain the
following provisions:
(1) All the provisions set out in subsection (d) of this
section;
(2) The precise organization, composition and nature of any
separate legal or administrative entity created to implement the
specific public works project;
(3) The powers delegated to the entity;
(4) The method of financing the entity;
(5) The budget for the entity; and
(6) The method to be employed in accomplishing the partial
or complete termination of the intergovernmental agreement and
for disposing of property upon such partial or complete
termination.
(f) If the public agencies do not create a separate legal
or administrative entity to conduct the specific public works
project, then the intergovernmental agreement must contain the following provisions:
(1) All the provisions set out in subsection (d) of this
section;
(2) The person, administrator or board responsible for
implementing the specific public works project: Provided, That
if a board is created, then there shall be a representative on
the board from each of the public agencies which are party to
the intergovernmental agreement;
(3) The powers delegated to the responsible party;
(4) The method of financing the responsible party;
(5) The budget for the responsible party; and
(6) The method to be employed in accomplishing the partial
or complete termination of the intergovernmental agreement and
for disposing of property upon such partial or complete
termination.
(g) All participating public agencies shall take appropriate
action by ordinance, resolution, or otherwise, pursuant to the
law of the governing body, before any intergovernmental
agreement shall become effective.
(h) Any intergovernmental agreement made pursuant to the
provisions of this section shall, prior to and as a condition
precedent to its becoming effective, be submitted to the
attorney general who shall determine whether the agreement is in proper form and is compatible with the laws of this state. The
attorney general shall approve an intergovernmental agreement
if:
(1) The provisions of this section were followed;
(2) The specific public works project would be in the best
interest of the citizens affected by the specific public works
project;
(3) That at least one public agency that is a party to the
intergovernmental agreement has the authority to do the specific
public works project specified in the intergovernmental
agreement if that public agency was acting alone; and
(4) The intergovernmental agreement is mutually beneficial
to all public agencies involved.
(i) If the attorney general finds that intergovernmental
agreement does not meet the conditions set forth in this
section, then the attorney general shall detail in writing to
the governing bodies of the public agencies concerned the
specific respects in which the proposed intergovernmental
agreement failed to meet the requirements of the law.
(j) Failure to disapprove an intergovernmental agreement
within thirty days of its submission shall constitute approval
thereof.
(k) After the intergovernmental agreement has been approved by the attorney general and all the public agencies involved by
ordinance or otherwise, the public agency without specified
powers is authorized to enter into any contracts needed to
complete the specific public works project.
(l) No intergovernmental agreement made pursuant to the
provisions of this section relieves any public agency of any
obligation or responsibility imposed upon it by law, except that
to the extent of actual and timely performance thereof by a
joint board or other legal or administrative entity created by
an intergovernmental agreement, said performance may be offered
in satisfaction of the obligation or responsibility.
NOTE: The purpose of this bill is to authorize county
commissions to enter into intergovernmental agreements with
other public agencies, with limited power as needed to implement
proposed public works projects, sets forth contents of
agreements and provides for attorney general review of the
agreements.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
§8-23-3b is new; therefore, strike-throughs and underscoring
have been omitted.
This bill is recommended by the Joint Standing Committee on
Government Organization for passage during the 2002 Regular
Session.