Senate Bill No. 159
(By Senators Tomblin, Mr. President,
McCabe, Bowman, Plymale, Barnes, Foster, Minard, Unger and
Jenkins)
____________
[Introduced February 11, 2005; referred to the Committee
on Government Organization.]
____________
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §8-8A-1, §8-8A-2,
§8-8A-3, §8-8A-4, §8-8A-5, §8-8A-6, §8-8A-7, §8-8A-8, §8-8A-9,
§8-8A-10, §8-8A-11, §8-8A-12, §8-8A-13, §8-8A-14, §8-8A-15,
§8-8A-16, §8-8A-17, §8-8A-18, §8-8A-19, §8-8A-20, §8-8A-21 and
§8-8A-22, all relating to the formation of metro government;
definitions; purpose; metro government charter commission;
method of selecting members of the charter commission;
organization of charter commission; preparation of proposed
charter; contents of the charter; public hearings; notice;
governing bodies of county and municipalities approve or
disapprove; referendum on proposed charter; election; effect
of adoption or rejection of the proposed charter; matters
involving public education not affected; rules, ordinances and resolutions of metro government; responsibility for existing
liabilities; change of property ownership; federal and state
aid; taxes; courts and judicial functions; amendment of
charter; creation of municipality after charter commission
created; subsequent inclusion of municipality in metro
government; referenda; and consolidation with county wherein
majority of municipal territory lies.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §8-8A-1, §8-8A-2,
§8-8A-3, §8-8A-4, §8-8A-5, §8-8A-6, §8-8A-7, §8-8A-8, §8-8A-9,
§8-8A-10, §8-8A-11, §8-8A-12, §8-8A-13, §8-8A-14, §8-8A-15,
§8-8A-16, §8-8A-17, §8-8A-18, §8-8A-19, §8-8A-20, §8-8A-21 and
§8-8A-22, all to read as follows:
ARTICLE 8A. FORMATION OF METRO GOVERNMENT.
§
8-8A-1. Definitions.
(a) For the purpose of this article:
(1) "Municipal governing body" means the governing body of the
municipality or other public agency possessing power and authority
usually possessed by a governing body of the municipality.
(2) "Governing body of the county" means the governing body of
a particular county or other entity possessing the power and
authority usually possessed by a county commission.
(3) "Metro government" means the political entity created by consolidation of all, or substantially all, of the political and
corporate functions of a county and a municipality or
municipalities located therein.
(4) "Metro government charter commission" or "charter
commission" means a commission established to propose to the voters
for adoption the charter for a metro government.
(5) "Municipal corporation" means an incorporated city or
town.
(6) "Principal city" means that municipal corporation having
the largest population of any municipality in a particular county.
(7) "Smaller municipality" means any municipal corporation in
a particular county other than the principal city.
§8-8A-2. Purpose.
Each county in this State, without regard to population and
the municipal corporations within such county, may consolidate all,
or substantially all, of their governmental and corporate functions
in the manner and with the consequences herein provided. The
consolidation when complete shall result in the creation and
establishment of a new metro government to perform all, or
substantially all, of the governmental and corporate functions
previously preformed by the county and by the municipal
corporations in the county, the voters of which approve the
consolidation. §8-8A-3. Metro government charter commission.
The initial step in a consolidation hereunder shall be the creation of a metro government charter commission, sometimes called
a "charter commission," by the governing body of the county. The
commission shall be created, pursuant to the provisions below, by
the governing body of the county within thirty days of: (i) The
adoption of a consolidation resolution by the governing body of a
county; (ii) the receipt of a copy of a consolidation resolution by
the governing body of the principal city in the county; or (iii)
the receipt of a petition, signed by qualified voters of the
county, equal to at least ten percent of the number of votes cast
in the last regular election.
§8-8A-4. Method of selecting members of the charter commission.
The governing body of a county shall oversee the creation of
a metro government charter commission consisting of thirteen
members, all of whom must be residents of the county. It is the
Legislature's intent that the persons appointed to the charter
commission shall be broadly representative of all areas of the
county and principal city and that every effort shall be made to
include representatives from various political, social, and
economic groups. In furtherance of this legislative intent, the
members of the charter commission shall be appointed as follows:
(1) The governing body of the county shall appoint six
members of the commission, three of whom shall reside outside the
corporate limits of the principal city, with no more than two being
elected officials.
(2) The seven remaining members of the charter commission must
be residents of the incorporated municipalities within the county,
and shall be selected as follows:
(A) First, the total population of all incorporated
municipalities within the county, as determined by the most recent
certified federal census, must be divided by seven, the result
being an apportionate average. The respective population of each
municipality in the county must be divided by the apportionate
average to determine any appointive index.
(B) Each municipality in the county shall appoint a number of
members to the commission equal to the whole number indicated by
their appointive index: Provided, That no single municipality may
appoint more than four members to the commission. No more than two
municipal elected officials may be members of the commission. The
option to appoint a municipal elected official is with the two
municipalities with the largest populations.
(C) If within the thirty-day period one or more of the
municipalities fails or refuses to appoint their proportionate
number of members to the commission, the county governing body
shall appoint an additional number of members equal to the number
that any such municipality is entitled to appoint.
(3) A vacancy on the commission must be filled in the manner
of the original appointment.
§8-8A-5. Organization of charter commission.
(a) Within ten days following appointment of all members of
the commission, it is the duty of the president of the governing
body of the county to call an organizational meeting of the
commission and to set the date, time, and location of the meeting,
which shall take place no later than twenty days following
appointment of all members of the commission.
(b) The first order of business at the organizational meeting
is the election of a chairman, secretary, and such other officers
as the commission may consider necessary.
(c) A majority of members of the commission constitute a
quorum for the transaction of business, but no recommendation of
the commission may be included in the proposed charter unless
adopted by a two-thirds vote of all of the members of the
commission.
(d) The commission is authorized to employ such staff and
contract with such consultants as it considers necessary to conduct
special studies and assemble information for preparation of the
charter subject to the limitation of funds made available to it.
No person who holds an elected public office may be employed by the
commission.
(e) Members of the charter commission shall not receive per
diem or other compensation for their services, except the
reimbursement of actual expenses incurred by them in carrying out
their duties as members of the commission.
(f)(1) The governing body of the county and the governing
bodies of the municipalities within the county are authorized to
expend public funds to carry out the provisions of this article.
(2) The total annual expenses to be paid from public funds
shall not exceed an amount equal to fifty cents times the
population of the commission area, according to the most recent
certified federal census. The commission's annual expenses may
exceed this amount only if the excess is paid from private funds.
(3) The expenses of the commission shall be paid by the county
and each municipality participating in the charter process or from
any combination of public or private funds available for that
purpose. Each municipality's share shall be its pro rata share of
the expenses based upon the ratio that the population of the
municipality bears to the total population in the county. The
county's share shall be its pro rata share of expenses based upon
the ratio that the population of the unincorporated area of the
county bears to the total population of the county. The amount
paid by each municipality and county participating in the charter
process shall be deposited in a segregated account maintained by
the county.
(g) The commission shall be automatically dissolved on the
date that the terms of office of the members of the governing body
for the metro government commence.
§8-8A-6. Preparation of proposed charter.
(a) The commission is authorized to study all matters relating
to the establishment of a single countywide government within the
county to be known as a metro government which has powers and
jurisdiction throughout the territorial limits of the county and
which shall supersede and replace existing participating
governments of the county and of all participating municipalities
and all other participating political subdivisions in the county
not continued by the charter. For those purposes, the commission
is authorized to draft a proposed metro government charter which
may include any legal and constitutional provisions necessary to
effectuate the purposes of this chapter.
(b) The commission shall complete all of its studies and draft
a proposed charter within six months following the date of its
organizational meeting.
(c) The period for the work of the commission may be extended
by resolution adopted by the governing body of the county upon a
written request submitted by the chairman of the charter commission
and approved by a majority vote of the commission's members.
§8-8A-7. Contents of the charter.
The proposed charter shall provide:
(1) For the abolition of specified existing governments within
the county and for the creation of a new single government, a metro
government, vested with:
(A) Any and all powers which municipalities are, or may hereafter be, authorized or required to exercise under the
Constitution and general laws of the State of West Virginia, as
fully and completely as though the powers were specifically
enumerated therein, except only for such limitations and
restrictions as are provided in the general laws or in such
charter; and
(B) Any and all powers which counties are, or may hereafter
be, authorized or required to exercise under the Constitution and
general laws of the State of West Virginia, as fully and completely
as through the powers were specifically enumerated therein, except
only for such limitations and restrictions as are provided in the
general laws or in such charter.
(2) That the territory embraced in the metro government shall
be the total area of the county plus any territory in an adjacent
county where such territory is part of a participating municipality
which lies in two or more counties with the majority of its
territory in the county adopting the metro government.
(3) The name of such metro government.
(4) The location of the seat of the metro government.
(5) That the metro government shall be a public corporation,
with perpetual succession, capable of suing and being sued, and
capable of purchasing, receiving and holding property, real and
personal, and of selling, leasing or disposing of the same to the
same extent as other governmental entities.
(6) For the creation of the governing body of the metro
government, including an odd number of members of not less than
five, their qualifications for holding office, titles, powers,
duties, terms of office, manner of election, compensation, method
of removal, and all other matters of the governing body subject
only to constitutional limitation.
(7) For a representation plan for the governing body which
representation plan may differ from the representation plan
existing at the time of adoption of the charter.
(8) For a plan as to when and how the metro government shall
be phased into existence with respect to government structures in
existence at the time of adoption of the charter; provided that the
governing body of the metro government is substantially in place
within two years of the date of adoption of the charter.
(9) For the creation of several classifications of taxing
districts by which taxes must be assessed, levied, and collected by
the metro government, as limited by this article and other
applicable law, in accordance with the kind, character, type, and
degree of services provided within the taxing districts, including
a general service district which consists of the total area of the
county. The rate and manner of taxation may vary in any one
district from that in other districts. And for a method by which
the taxing districts are created.
(10) For such administrative departments, agencies, boards and commissions as may be necessary and appropriate to perform the
consolidated functions of city and county government in an
efficient and coordinated manner. For this purpose, the charter
shall provide for the alteration or abolition of existing city and
county offices, departments, boards, commissions, agencies and
functions, except where otherwise provided in the general laws or
by the Constitution of West Virginia. However, all departments and
agencies of the county and of each consolidated municipality shall
continue to operate until their authority to operate is superseded
by action of the governing body of the metro government, and the
term of office of any elected official shall not be terminated or
abridged by the charter; however, at the end of the term of office
ending after the adoption of the charter, the elected official
shall only be entitled to hold such office for a further term
where: (i) The governing body of the metro government continues or
retains the position; and (ii) the officer obtains approval of a
majority of the voters voting in an election to be held for such
purpose or in the next regular election.
(11)For any recommendations submitted to the commission
regarding how a municipality that lies in two or more counties
shall comply with the provisions of this article regarding a metro
government.
(12)For the progressive merger of municipal and county
functions to occur over a period of three years and to occur without the unnecessary elimination of jobs. The municipal and
county functions to be merged include, without limitation, the city
police and county sheriff's departments, fire departments,
ambulance services, assessor's offices, and financial and human
resource functions for the municipal and county governments.
(13)For municipalities electing to be excluded from the metro
government to continue to perform all functions assigned to them by
law as existing before consolidation.
(14) For the method or methods by which the metro government
may be dissolved. However, any proposal to disband or dissolve a
metro government is not authorized until a metro government has
been in existence for a minimum of six years.
§8-8A-8. Public hearings; notice.
(a) During the course of its studies, the commission is
required to hold at least two public hearings regarding the
proposed charter creating a metro government. The first public
hearing shall be held within thirty days of the organizational
meeting and shall be for the purpose of receiving information and
material which will assist in the drafting of a charter. The
second public hearing shall be held within five months of the
organizational meeting and shall be for the purpose of determining
the sentiment of the citizens of the county regarding the work thus
far performed by the commission.
(b) The commission shall advertise the date, time, and place of the hearings in a newspaper of general circulation in the county
at least twice during the week immediately preceding the week in
which the public hearings are to be held.
§8-8A-9. Governing
bodies of county and municipalities approve or disapprove.
(a) Immediately upon the completion of its work and the
framing of a proposed charter for the creation of a metro
government within the county, the proposed charter and an analysis
of the fiscal impact of the proposed charter must be submitted to
the governing body of the county and to the governing body of each
municipality within the county. Within two weeks, the governing
body of the county and the governing body of each municipality in
the county must vote to approve or disapprove the charter.
(b) If a majority of the governing body of the county and a
majority of the governing bodies of the municipalities within that
county approve the charter, the proposed charter shall be submitted
to the electorate of the county, pursuant to section ten of this
article, for the purpose of determining if the county and
municipalities within the county will adopt the charter.
(c)(1) If a majority of the governing body of the county or a
majority of the governing bodies of the municipalities within that
county disapprove the proposed charter, the commission shall have
four months to draft a second proposed charter. Immediately upon
completion of the second proposed charter, the second proposed
charter must be submitted to and approved by the governing body of the county and by the governing body of each municipality within
the county pursuant to the above procedure.
(2) If a majority of the governing body of the county or a
majority of the governing bodies of the municipalities within that
county disapprove the second proposed charter, the commission will
be dissolved and another commission may not be created for a
minimum of two years.
§8-8A-10. Referendum on proposed charter.
(a) Upon approval by a majority of the governing body of the
county and a majority of the governing bodies of the municipalities
in the county, the proposed charter, certified by the chairman of
the commission, shall be filed by the commission: (i) With the
clerk of the governing body of the county; (ii) with the clerk of
the governing body of each municipality within the county; and
(iii) with the county election commission. The copies are public
records and available for inspection or examination by any
interested person. The charter commission shall also furnish or
make available to every daily or weekly newspaper published in the
county a complete copy of the charter. The charter commission
shall take such steps as it considers reasonable and appropriate to
inform the public throughout the county of the contents of the
proposed charter, and the same may be published or summarized in
pamphlets and booklets to be made available for general
distribution.
(b) Not more than thirty days after approval of the proposed
charter by a majority of the governing body of the county and a
majority of the governing bodies of each municipality in the
county, the governing body of the county shall call for an election
for the purpose of submitting the question of consolidation and the
proposed charter to all of the qualified voters of the county for
adoption or rejection. The county governing body shall set the
date of election for a day not less than sixty nor more than ninety
days after the issuance of the call.
(c) The county governing body shall publish the date and
purpose of the election once a week for three weeks immediately
preceding the date of the election in a newspaper of general
circulation in the county.
(d) The county charter commission must choose whether the
referendum will take place on two separate occasions, once within
the county and once within each municipality, in accordance with
subdivision (1) of this subsection; or whether the referendum will
take place on one occasion, in accordance with subdivision (2) of
this subsection.
(1) One election for the county.
(A) Referendum on proposed charter within the county.
(i) The ballot must have written or printed on it the
following:
"On the question of creating a metro government in [name of county] and adopting the proposed charter for that metro
government, I am:
¿
In favor of metro government
¿
Opposed to metro government"
(ii)In order for the proposed charter to be adopted by the
county, it must be approved by a majority of electorate voting upon
the question and residing within the county.
(B) Referendum on proposed charter within municipalities.
(i) Not more than thirty days after approval of the proposed
charter by the electorate of the county, pursuant to above steps,
the governing body of each municipality within the county shall
call for an election for the purpose of submitting the question of
whether or not the municipality shall become a part of the metro
government to all of the qualified voters within the municipality.
The municipal governing bodies shall set the date of election for
a day not less than sixty or more than ninety days after the
issuance of the call.
(ii) The municipality shall publish the date and purpose of
the election once a week for three weeks immediately preceding the
date of the election in a newspaper of general circulation in the
municipality. The ballot must have written or printed on it the
following:
"On the question of whether [name of municipality] should join
the metro government adopted by [name of county] and adopt the proposed charter,
I am:
¿
In favor of joining the metro government
¿
Opposed to joining the metro government"
(iii) In order for a municipality to adopt the proposed
charter and to consolidate with the metro government, the majority
of the electorate voting upon the question and residing within the
boundaries of the municipality that is proposed to be merged into
a metro government must vote in favor of merging into the metro
government.
(iv) If a majority of the electorate voting upon the question
and residing within the boundaries of a municipality do not vote in
favor of merging into the metro government, the charter is void and
of no force and effect in that municipality.
(C) The metro government will become effective after adoption
by the county and either (i) adoption by the principal city or (ii)
adoption by smaller municipalities in which reside at least forty
percent of the population of the county as determined by the most
recent certified federal census.
(D) A municipality may elect to exclude itself from the metro
government formed by adoption of the proposed charter. A majority
vote in opposition to the consolidation from the municipality must
be construed as a decision to be excluded from consolidation. If
the charter is approved by the qualified electors of the county and the qualified electors of the principal city but not approved by a
majority of the qualified electors voting on the question in a
municipality, the charter is void and of no force and effect only
in that municipality.
(2) One election for the county and the municipalities within
the county.
(A) The ballot shall be uniform throughout the entire county
and must have written or printed on it the following:
"On the question of creating a metro government in [name of
county] and adopting the proposed charter for that metro
government, I am:
¿
In favor of metro government
¿
Opposed to metro government"
(B)(i) The proposed charter shall be deemed ratified and
adopted if the same be approved by a majority of those voting
within the county.
(ii)The proposed charter shall be deemed rejected and shall
not become effective if it is disapproved by a majority of those
voting within the county.
§8-8A-11. Election; effect of adoption or rejection of the
proposed charter.
(a) The election will be conducted in accordance with the
standard procedures governing county and municipal elections.
(b) The expense of the election will be paid by the county.
(c) If a metro government charter is submitted to the
electorate but is not adopted, another charter shall not be
submitted to the electorate for at least two years from the date of
the election at which the charter was rejected.
(d)(1) If a metro government charter is adopted, a proposed
charter for another alternative form of county government shall not
be submitted to the electorate for at least six years from the date
of the election at which the charter was adopted.
(2) Whenever a charter for a metro government has been
adopted, the county governing body shall furnish a certified copy
of the charter with the returns of the special election provided in
this article to the Secretary of State. The Secretary of State
shall issue his or her proclamation showing and declaring the
results of the election on the adoption of the proposed charter.
One copy of the proclamation must be attached to a copy of the
charter certified to the Secretary of State and one copy must be
delivered to the clerk of the governing body of the county and the
clerks of the governing bodies of the municipalities within the
county.
§8-8A-12. Matters involving public education not affected.
Nothing in a charter or in this article may be construed to
authorize any commission created pursuant to this article to
devolve any additional powers upon metro governments with regard to
public school education or school districts or to abolish any school district within the county or to transfer any of its powers,
duties, and obligations to the metro government. County boards of
education and boards of trustees shall continue to perform their
statutory functions in matters related to them as prescribed in the
Constitution and general law of the State.
§8-8A-13. Rules, ordinances and resolutions of metro government.
(a) Each rule, ordinance, or resolution in force within a
county or within a municipality at the time of consolidation,
including zoning ordinances, shall remain in force within that
county or within that municipality until superseded by action of
the new governing body, unless the rule, ordinance, or resolution
is in conflict with a provision of the charter, in which case, the
charter provision shall supersede the conflicting rule, ordinance,
or resolution.
(b) Ordinances and resolutions relating to public improvements
to be paid for, in whole or in part, by special assessments shall
remain in effect until paid in full.
§8-8A-14. Responsibility for existing liabilities.
Former areas shall be held responsible for their existing
liabilities as provided by law. The adoption of the metro
government form of government does not alter any right or liability
of the county or a consolidated municipality in effect at the time
of the election at which the charter was adopted.
§8-8A-15. Change of property ownership.
Any metro government established under this chapter acquires
and succeeds to all rights, obligations, duties, and privileges of
the county and in the municipalities consolidated. Without the
necessity or formality of deed, bill of sale, or other instrument
of transfer, the metro government becomes the owner of all
property, assets, contracts, and franchises previously belonging to
the county and consolidated municipalities and other political
subdivisions in the metro government except school districts.
However, if a majority of the qualified electors voting on the
question of consolidation in a municipality do not approve the
charter as provided in section ten of this article, this section
does not apply to that municipality.
§8-8A-16. Federal and state aid.
(a) Any metro government created and established pursuant to
this chapter shall be eligible to have, hold, enjoy, and be
entitled to any assistance, credits, benefits, moneys, grants,
grants-in-aid, funds, loans, aid, appropriations, and matching
funds from the State of West Virginia, the United States, or from
any other agency, public or private, to the same extent that any
county, municipality, or other political subdivision of the State
is entitled or by any other provision of law or under any present
or future state or federal program.
(b)(1) Such metro government shall be deemed a county and
shall also be deemed an incorporated city or municipality for the purposes of determining its right to receive, and for the purposes
of receiving, any assistance, credits, benefits, moneys, grants,
funds, loans, appropriations, matching funds, state aid or grants-
in-aid from the State of West Virginia or from the United States or
from any other agency.
(2) When any assistance, credits, benefits, moneys, grants,
funds, loans, appropriations, matching funds, state aid or other
grants-in-aid are distributed to any county or municipality on the
basis of population or area, or both, then the entire population
and the total area of the county in which such metro government is
established shall be considered in calculating and determining the
basis of such distribution.
§8-8A-17. Taxes.
(a) Municipalities and counties that adopt a metro government
shall structure the merger in a way that is designed to result in
significant tax savings to taxpayers within those municipalities
and counties.
(b) The metro government or an agency of such metro government
may levy any type of tax authorized by law for counties and
municipalities to levy, subject to constitutional limitations:
Provided, That for a minimum of three years, taxes will not be
raised on individuals, businesses, or any other taxable entity that
resided, owned property or existed within the metro government area
prior to adoption of the charter.
§8-8A-18. Courts and judicial functions.
(a) The creation of a metro government shall have no effect
upon the magistrate courts, circuit courts, and criminal courts
established for or functioning in the county affected by a
consolidation hereunder.
(b) Municipal courts created by the charters of the principal
city and smaller municipalities may be provided for, consolidated,
abolished by the charter as courts of such cities: Provided, That
the term of office of an incumbent judge of a municipal court shall
not be terminated or abridged by the charter, however, at the end
of the term of any incumbent judge of a municipal court ending
after the adoption of the charter for metro government, such
municipal judge shall in no manner hold such office for a further
term except by the approval of a majority of the voters voting in
an election to be held for such purpose or in the next regular
election.
§8-8A-19. Amendment of charter.
(a) If a charter is adopted, it may be amended at any time by
one of the following methods:
(1) The governing body of the metro government, by resolution,
may submit a proposed amendment to the voters at a general election
or at a special election, and the proposed amendment becomes
effective upon approval by a majority of those voting within the
metro government area.
(2) The governing body of the metro government, by ordinance,
may amend the charter. However, within thirty days following
publication of the ordinance, if a petition, signed by qualified
voters of the metro government area, equal to at least ten percent
of the number of votes cast at the last regular election, is filed
with the governing body of the metro government, the governing body
must submit the charter amendment to the voters at a special
election and, in such event, the amendment becomes effective only
upon approval of a majority of those voting within the metro
government area.
(3) If a petition, signed by qualified voters of the metro
government area, equal to at least ten percent of the number of
votes cast at the last regular election is filed with the governing
body of the metro governing, proposing an amendment to the charter,
the governing body must submit the proposed amendment to the voters
at a general election or at a special election and, in such event,
the amendment becomes effective only upon approval of a majority of
those voting within the metro government area.
(b) If an election is held, the governing body shall submit
the question of amending the charter to the electorate in
substantially the following form:
"Should the amendment described below be adopted for the metro
government charter of [name of metro government] which merged [name
of county] County and [list each consolidated municipality]?
¿
Yes.
¿
No."
The ballot must contain a brief description and summary of the
proposed amendment. §8-8A-20. Creation of municipality after
charter commission created.
When a metro government charter commission is created, as
provided by this chapter, no municipality shall thereafter be
created in the county proposed to be included in the metro
government unless and until the proposed charter of metro
government shall have been rejected by voters in a referendum
election as provided below, or unless and until a charter has been
adopted by the voters in a referendum election as provided below,
with a provision permitting the creation of such municipality
. §8-8A-
21. Subsequent inclusion of municipality in metro government;
referenda.
(a) Any municipality not initially included in the metro
government may, at any future time, request to join an existing
metro government by resolution of the governing body of the
municipality. A municipal governing body may adopt a resolution to
join an existing metro government upon its own motion or upon
petition of eligible electors of the municipality equal in number
to at least twenty-five percent of the persons who voted at the
last regular municipal election. Within fifteen days after
receiving a valid petition, a municipal governing body shall adopt a resolution in favor of participation in the metro government and
shall within ten days of adoption, forward the resolution to the
governing body of the metro government.
(b) If a majority of the governing body of the metro
government approves the resolution, the question of joining the
metro government shall be submitted to the electorate of the
petitioning municipality within sixty days after approval of the
resolution by the governing body of the metro government.
(c) The expenses of the election must be borne by the
petitioning municipality, and the election must be conducted in
accordance with the general procedures governing municipal
elections and with the procedures in this section for metro
government elections.
(d) If a majority of the qualified electorate voting in the
municipality approves the resolution to consolidate with the metro
government, the governing body of the municipality shall surrender
its municipal charter and shall merge into the metro government
within thirty days
. §8-8A-22. Consolidation with county wherein
majority of municipal territory lies.
(a) Nothing contained within the provisions of this article,
or any other law, shall be construed to prohibit a municipal
corporation, which lies in two or more counties, from consolidating
its governmental and corporate functions with the county in which
the majority of its territory lies.
(b) Whenever a municipal corporation which lies in two or more
counties is proposed for consolidation with the county in which the
majority of its territory lies, any referendum held pursuant to the
provisions of this section shall also include all qualified voters
of the municipal corporation, regardless of whether such voters
reside or own property outside of the boundaries of the county in
which the majority of the municipal corporation's territory lies.
The respective county election commissions shall cooperate fully in
order to implement the provisions of this section in an effective,
efficient, and timely manner.
(c) When a charter commission is considering a metro
government in a county in which there is located a municipal
corporation which lies in two or more counties, the governing body
of that municipality shall make a recommendation to the commission
as to how that municipality shall comply with the provisions of
this article. The commission shall include the recommendations of
that municipality in the charter submitted to the qualified
electors of the county.
(d) Whenever a municipal corporation which lies in two or more
counties consolidates its governmental and corporate functions with
the county in which the majority of its territory lies, elections
for metro government representation, as well as all other referenda
and elections pertaining to the affairs of such metro government,
shall also include all qualified voters of such municipal corporation, regardless of whether such voters reside or own
property outside of the boundaries of the county in which the
majority of the municipal corporation's territory lies. The
respective election commissions shall cooperate fully in order to
implement the provisions of this section in an effective,
efficient, and timely manner.
NOTE: The purpose of this bill is to provide for the formation
of metro governments.
This article is new; therefore, strike-throughs and
underscoring have been omitted.