Enrolled Version - Final Version
House Bill 4039 History
OTHER VERSIONS -
HB4039 SUB ENR
H. B. 4039
(By Delegates Varner and Ferro)
[Passed March 12, 2010; in effect from passage.]
AN ACT to amend and reenact sections 1, 2, 3, 4, and 5, chapter
171, Acts of the Legislature, regular session, 1965, all
relating to the Marshall County Park and Recreation Board; and
permitting the Marshall County Commission to increase the
Be it enacted by the Legislature of West Virginia:
That sections 1, 2, 3, 4 and 5 chapter 171, Acts of the
Legislature, regular session, 1965, be amended and reenacted to
read as follows:
Section 1. Marshall County Commission Authorized to Create a Park
and Recreation Board.
The Marshall County Commission is authorized to create by
order a park and recreation board, to be known as the "Marshall
County Park and Recreation Board".
Sec. 2. Board a Body Corporate; Perpetual Existence; Right to Receive and Expend Moneys.
The board is a public corporate board, with perpetual
existence and a corporate seal. The board may receive moneys from
the county commission and may expend the same for the purposes
enumerated in section five. The board may receive and expend any
gift, grant, donation, bequest or devise from sources other than
the public funds of Marshall County.
§3. Members; Appointment; Term; Residency; Vacancy.
The board shall consist of at least five, but no more than
nine members who shall be appointed by the Marshall County
Commission. The term of office of each board member is for four
years and may continue to serve until their successors have been
appointed and qualified. The Marshall County Commission shall by
order fix the date on which the term of office of board membership
shall commence. No one may be appointed a member of the board who
is not a bona fide resident of Marshall County. Any board member
who ceases to be a bona fide resident of Marshall County is
disqualified and his or her office becomes vacant. When a vacancy
occurs on the board by reason of the change of residence,
resignation, or death of a member, the Marshall County Commission
shall appoint a successor to complete the unexpired term of that
Sec. 4. Oath of Members; Election of Officers; Quorum; Place of
After appointment, the members of the board shall qualify by
taking and filing with the clerk of the Marshall County Commission
the oath prescribed by law for public officials. One of the
members of the board shall be elected as president, another as vice
president, and another as secretary. A majority of the board
members shall constitute a quorum for the transaction of business.
The board shall maintain an office at any place in the county which
it may designate.
Sec. 5. Contracts; Legal Actions; General Powers; Rules and
The board may:
(1) Enter into contracts;
(2) Bring any and all necessary legal actions; and,
(3) Exercise all the necessary powers and authority to manage
and control park and recreation areas in Marshall County, including
the right to make rules concerning the management and control of
parks and recreation areas and to enforce those rules.