HB4312 PS AM 2-8
Delegates Lawrence and Manchin move to amend the bill on page 1, line 16, by striking everything after the enacting clause and inserting in lieu thereof the following:
“That §8-11-3 and §8-23-2, of the Code of West Virginia, 1931 as amended, be amended and reenacted to read as follows:
ARTICLE 11. POWERS AND DUTIES WITH RESPECT TO ORDINANCES AND ORDINANCE PROCEDURES.
§8-11-3. Cases requiring enactment of ordinance.
In the following enumerated cases, the action of a governing body shall, except where otherwise provided in this code, be by ordinance:
(1) Levying taxes or providing for the collection of fees of any kind;
(2) Requiring a license to do business;
(3) Relating to offenses and penalties;
(4) Authorizing the issuance of bonds or other forms of indebtedness;
(5) Providing for a public improvement;
(6) Providing for the purchase of private property by the municipality or for the sale of property belonging to the municipality;
(7) Laying out or vacating a public street, avenue, road, alley or way;
(8) Relating to planning and zoning;
(9) Granting franchises to public utilities; and
(10) Providing for a contractual or other agreement with another jurisdiction; and
(11) Relating to such other matters as the charter may require.
The action of a governing body shall also be by ordinance in any other case in which an ordinance is required by the provisions of this code.
ARTICLE 23. INTERGOVERNMENTAL RELATIONS -- CONTRACTING AND JOINT ENTERPRISES.
§8-23-3. Intergovernmental agreements generally.
(a) Any power or powers, privilege or privileges, authority or undertaking, exercised or capable of exercise, or which may be engaged in, and any public works which may be undertaken, by a public agency acting alone may be exercised, enjoyed, engaged in or undertaken jointly with any other public agency which could likewise act alone.
(b) Any two or more public agencies may enter into a written agreement with one another for joint or cooperative action pursuant to the provisions of this section. Appropriate action by ordinance, resolution or otherwise pursuant to law of the governing bodies of the participating public agencies shall be necessary before any such agreement shall become effective. Any separate legal or administrative entity established hereunder is a public corporation and may exist for the length of time set forth in the intergovernmental agreement.
(c) Any such agreement shall specify the following:
(1) Its duration;
(2) The precise organization, composition and nature of any separate legal or administrative entity created thereby, together with the powers delegated thereto, provided such entity may be legally created;
(3) Its purpose or purposes;
(4) The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget therefor;
(5) The permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination; and
(6) Any other necessary and proper matters.
(d) In the event that the agreement does not establish a separate legal or administrative entity to conduct the joint or cooperative undertaking, the agreement shall, in addition to the items enumerated above, contain the following:
(1) Provision for an administrator or a joint board responsible for administering the joint or cooperative undertaking and in the event a joint board is provided for, there shall be a representative on the board from each of the public agencies which are party to the agreement; and
(2) The manner of acquiring, holding and disposing of real and personal property used in the joint or cooperative undertaking.
(e) No agreement made pursuant to the provisions of this section shall relieve 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 agreement made hereunder, said performance may be offered in satisfaction of the obligation or responsibility.
Every 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 any such agreement submitted to him unless he shall find that it does not meet the conditions set forth herein, in which event he shall detail in writing to the governing bodies of the public agencies concerned the specific respects in which the proposed agreement fails to meet the requirements of law. Failure to disapprove any such agreement so submitted within thirty days of its submission shall constitute approval thereof.
(f) The financing of joint projects by agreement shall be as provided by law.
(g) Agreements made pursuant to the provisions of this section, shall be approved by an adopted resolution by each governing body.”