hb4139 intr

H. B. 4139

(By Delegates Douglas, Flanigan, Manchin,
Marshall, Perdue, Tucker and Walters)

[Introduced January 24, 2002; referred to the

Committee on Political Subdivisions then Government Organization.]

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.