HB4463 PS AM 2-15
Delegates Lawrence and Manchin move to amend the bill on page 1, line 17, by striking everything after the enacting section and inserting in lieu thereof the following:
“ARTICLE 12. GENERAL AND SPECIFIC POWERS, DUTIES AND ALLIED RELATIONS OF MUNICIPALITIES, GOVERNING BODIES AND MUNICIPAL OFFICERS AND EMPLOYEES; SUITS AGAINST MUNICIPALITIES.
§8-12-18a. Conveyance of property to a nonprofit.
(a) Notwithstanding the provisions of section eighteen of this article, a municipality may lease or convey city property to a nonstock/nonprofit corporation providing charitable, patriotic or philanthropic services that benefit the public and are services that the municipality could lawfully provide, for less than fair market value, and without public auction if the governing body makes factual determination that:
(1) There is a lack of need for the property by the city in comparison to the benefit to the city and/or public if property is leased or conveyed; and
(2) There is a demonstrable need for the property by the nonstock/nonprofit corporation to be able to perform the services it provides in benefitting the public.
(b) If the nonstock/nonprofit corporation should cease to provide those services to the public, the property shall by operation of law, revert to and vest in the city, and after that the nonprofit organization has no right, title or interest in or to the property.
(c) Any lease, deed or other instrument transferring any interest in the property executed pursuant to this section shall contain the reversion wording contained in subsection (b) of this section.”