House Bill 4039 History
OTHER VERSIONS -
Enrolled Version - Final Version
H. B. 4039
(By Delegates Varner and Ferro)
[Originating in the Committee on Government Organization]
(January 26, 2010)
A BILL 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.
county court of Marshall County Commission is hereby
authorized and empowered to, by order entered of record, to create
and establish 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.
as created by the county court of Marshall county
shall be is a public corporate board, with perpetual existence and
a corporate seal. It shall have the power to The board may receive
moneys from said county court the county commission out of general
or special county funds, and to may expend the same for the
purposes hereinafter enumerated in section five. It shall
additionally have the power to The board may receive and expend for
said purposes 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
county court of Marshall
County Commission. The term of office of each board member of the
board shall be is for four years and may continue to serve until
their successors have been appointed and qualified. and said county
court The Marshall County Commission shall by order fix the date on
which the term of office of board membership shall commence. No
one shall may be appointed a member of said the board who is not a
bona fide resident of Marshall County. Any member of the board
member who shall cease ceases to be a bona fide resident of said
Marshall County shall thereby be is disqualified and his or her
office shall become becomes vacant. When a vacancy occurs on said the board by reason of the change of residence, resignation, or
death of a member, thereof said the county court Marshall County
Commission shall appoint a successor who shall fill out to complete
the unexpired term of such that member.
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
county court of 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 said
the county which it may designate.
Sec. 5. Contracts; Legal Actions; General Powers; Rules and
shall have the right to may:
(1) Enter into contracts;
to Bring any and all necessary legal actions; and,
to Exercise all the necessary powers and authority to
manage and control park and recreation areas in Marshall County,
including the right to make rules and regulations concerning the
management and control of such parks and recreation areas and to
enforce any such those rules. and regulations so promulgated.