H. B. 3004

 

         (By Delegates Morgan, Reynolds, Craig,

              Sobonya, C. Miller, Perdue and Stephens)

         [Introduced February 3, 2011; referred to the

         Committee on Government Organization then Finance.]

 

 

 

A BILL to repeal sections 2a, 11, 12 and 13 of chapter 26 of the     Acts of the Legislature, regular session, 1925 (municipal     charters), section 12 of which was amended by chapter 132,     Acts of the Legislature, regular session, 1972; to repeal     section 6a of chapter 194, Acts of the Legislature, regular     session, 1983, as amended by chapter 110 of the Acts of the     Legislature, regular session, 2003; and to amend and reenact     sections 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of chapter 26 of the     Acts of the Legislature, regular session, 1925 (municipal     charters), section 10 of which was amended by chapter 122 of     the Acts of the Legislature, regular session, 1933, sections     1, 5, 6 and 9 of which were amended by chapter 194, Acts of     the Legislature, regular session, 1983, section 8 of which was     amended by chapter 175, Acts of the Legislature, regular     session, 1991, sections 2, 3, and 4 of which were amended by     chapter 110, Acts of the Legislature, regular session, 2003,     and section 7 of which was amended by chapter 131, Acts of the     Legislature, regular session, 2005, all relating to the     Greater Huntington Park and Recreation District; requiring     a public hearing when the comprehensive plan is updated;     requiring that persons employed as park rangers meet certain     law-enforcement qualifications; limiting liability for damages     in the absence of willful and wanton misconduct; and making     technical corrections.

Be it enacted by the Legislature of West Virginia:

    That sections 2a, 11, 12 and 13 of chapter 26 of the Acts of the Legislature, regular session, 1925 (municipal charters), section 12 of which was amended by chapter 132, Acts of the Legislature, regular session, 1972, be repealed; that section 6a of chapter 194, Acts of the Legislature, regular session, 1983, as amended by chapter 110 of the Acts of the Legislature, regular session, 2003, be repealed; that sections 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of chapter 26 of the Acts of the Legislature, regular session, 1925 (municipal charters), section 10 of which was amended by chapter 122 of the Acts of the Legislature, regular session, 1933, sections 1, 5, 6 and 9 of which were amended by chapter 194, Acts of the Legislature, regular session, 1983, section 8 of which was amended by chapter 175, Acts of the Legislature, regular session, 1991, sections 2, 3, and 4 of which were amended by chapter 110, Acts of the Legislature, regular session, 2003, and section 7 of which was amended by chapter 131, Acts of the Legislature, regular session, 2005, be amended and reenacted, all to read as follows:

GREATER HUNTINGTON PARK AND RECREATION DISTRICT

§1. Definitions.

    Unless the context clearly indicates otherwise The following terms have the following meanings:

    (a) “Commissioners” or “Park Board” means the members of the Greater Huntington Park and Recreation District Board as defined hereinafter set forth in section two of this act.

    (b) “Control” means the right and authority to manage, direct, order and otherwise exercise dominion over.

    (c) “Greater Huntington Park and Recreation District” or “Park District” means both the geographical area within the boundaries of the county of Cabell and Westmoreland tax district in the county of Wayne established on the effective date of the initial enactment of this act. and the public corporate entity created herein.

    (d) “Park system” means any and all indoor and outdoor park, recreation, and conservation areas and facilities which are or in the future may be owned, operated or leased in the park district Park District. Said The areas and facilities may include, by way of illustration and not as a limitation: Regional, community, and neighborhood parks and playgrounds; athletic facilities and play fields such as sports centers, stadiums, arenas, gymnasiums and physical fitness centers; aquatic facilities such as swimming pools, lakes, ponds, water parks, water amusements, beaches, waterfronts, boat docks, boat houses, and boat launching ramps, court areas for net games such as basketball, volleyball, badminton, tennis, handball, racquetball, squash and platform tennis; picnic facilities such as groves, shelters and lodges; golf courses, skating rinks; stables and riding paths; gardens, botanic gardens, arboretums, nature centers, zoos, aviaries and environmental interpretive centers; museums, historic landmarks and historic districts; snack bars, restaurants, lounges and gift shops, camps and overnight lodges; theaters; performing arts and crafts centers; recreation centers; mechanical and electronic games centers; dance halls, amusements; parkways and boulevards; and cemeteries, and other public parks and recreational areas and facilities.

    (e) “Public office” means any elective office, whether federal, state or municipal, where the office holder is elected by the public at large and is obligated to perform duties as an office holder.

§2. Greater Huntington Park and Recreation District; composition; terms of office; political affiliation; no commissioner may hold another elected public office; compensation; expenses; no commissioner may be prohibition against commissioners holding other elected offices or being personally interested in contracts or property controlled by board.

    (a) The purpose of the Board of Park Commissioners of the City of Huntington as heretofore created and established by the acts hereby amended and reenacted, shall be Greater Huntington Park and Recreation District Board is to establish, own, develop and operate a park system for the benefit, health, safety, welfare, pleasure and relaxation of the inhabitants of the Greater Huntington Park and Recreation District. and shall hereafter be known as the Greater Huntington Park and Recreation District.

    (b) The Park District shall be governed by Board shall consist of eleven commissioners, ten of whom shall be elected from Cabell County, but no more than two of whom shall be elected from any one magisterial district, and one of whom shall be elected from Westmoreland magisterial district in the county of Wayne. The commissioners shall be elected pursuant to paragraph one subdivision (1) of this subsection. (b) of this section

    (1) Commissioners of the Park District shall be nominated and elected in the general election for state officers on the first Tuesday after the first Monday in November and in the manner prescribed by law for the nomination and election of district officers, except as provided in subsection (b) this section.

    (A) At the general election in the year 1984, there shall be elected six commissioners. One commissioner shall be elected from the Westmoreland Magisterial District in the County of Wayne. Five commissioners shall be elected from the County of Cabell. In Westmoreland District of Cabell Wayne County, the person receiving the highest number of votes shall be elected for a term of six years. In Cabell County, the three persons receiving the highest number of votes shall be elected for a term of six years, the person receiving the next highest number of votes shall be elected for a term of four years, and the remaining elected commissioner shall be elected for a term of two years.

    (B) Beginning at the general election in the year 1986 and every sixth year thereafter, there shall be elected three commissioners who shall be elected for a term of six years.

    (C) Beginning at the general election in the year 1988 and every sixth year thereafter, there shall be elected three commissioners who shall be elected for a term of six years.

    (D) Beginning at the general election in the year 1990 and every sixth year thereafter, there shall be elected four commissioners who shall be elected for a term of six years.

    (E) Beginning at the general election in the year, 2004, and every sixth year thereafter, there shall be elected four commissioners from the county of Cabell who shall be elected for a term of six years.

    (F) Beginning at the general election in the year, 2006, and every sixth year thereafter, there shall be elected three commissioners from the county of Cabell who shall be elected for a term of six years.

    (G) Beginning at the general election in the year, 2008, and every sixth year thereafter, there shall be elected four commissioners who shall be elected for a term of six years. One commissioner shall be elected from the Westmoreland magisterial district in the county of Wayne. Three commissioners shall be elected from the county of Cabell.

    (2) The commissioners in office upon the effective date of this act under the authority of the acts hereby amended and reenacted, shall continue in office for the term for which they were elected.

    (c) No elected commissioner shall hold any other elected or appointed public office.

    (d) Commissioners shall receive no compensation for their services as commissioners, but they shall be entitled to reimbursement for all reasonable and necessary expenses actually incurred in the performance of their duties as commissioners.

    (e) Commissioners shall have no may not have any personal financial interest, directly or indirectly, in any contract entered into by the park district Park District, or hold any remunerative position in connection with the establishment, construction, improvement, extension, development, maintenance or operation of any of the property under their control as commissioners.

§3. Vacancies in office of park commissioners. 

    Any vacancy which may occur in the office of an elected commissioner, by death, resignation, refusal to serve, or otherwise, shall be filled by the Park district Board at its first regular meeting thereafter within sixty days after the vacancy, by appointment of a suitable qualified person, and the person so appointed shall hold office until the next election for commissioners, when a person shall be elected for the remainder of the unexpired term of commissioner.

§4. Oath of commissioners; election of officers; election of other officers; duties of officers; bond required of secretary and treasurer; secretary pro tempore.

    (a) After appointment or election, and before entering upon his or her duties as commissioner, each new commissioner shall take the following oath as administered by the county clerk of Cabell or Wayne County as appropriate and convenient:

    "I ......................... do solemnly swear that I will faithfully perform the duties as a member of the Greater Huntington Park and Recreation District Board during the term for which I was elected, to the best of my ability according to law."

            (b) At the Park district's Board’s first meeting and every year thereafter, it shall elect one of its members as president, and another member as vice-president. The Park district Board shall elect a secretary who need not be a member of the Park district Board, as well as elect a member of the Park district Board who shall serve as treasurer. The Park district Board shall have the power to appoint from among its members such other officers as it deems considers necessary and to delegate such duties and authority to these other the officers as is consistent with carrying out the purposes of this act. Any officer may be removed from office, upon adequate notice and hearing, although not relieved of his or her duties as a commissioner, by a vote of the majority of commissioners present and voting.

    (c) The officers of the Park district Board shall have the following specified duties and any duty which is reasonably inferred therefrom and which is consistent with carrying out the purposes of this charter act.

    (1) President -- The President shall perform such the duties as that ordinarily devolve upon the president presiding officer of a deliberative body, except that he and shall have a one vote upon each and every question, as every other commissioner, and but he shall have only one vote on each question. Additionally, the president shall:

    (a) (A) Act as chief administrative officer and legal representative of the Park district Board;

    (b) (B) Represent and speak for the Park district Board to other organizations and to the public;

    (c) (C) Appoint committees and delegate duties; and

    (d) (D) Sign letters or documents necessary to carry out the will of the Park district Board.

    (2) Vice-President -- The Vice-President shall assume the duties of the president President in case of the absence or incapacity of the president and shall become president on the death, resignation or permanent incapacity of the president as determined by the Park district Board.

    (3) Secretary -- The Secretary shall be the chief recording and corresponding officer and the custodian of the records of the Park district Board, The duties of the secretary shall be to: and shall:

    (a) (A) Take careful and authentic notes of the proceedings of the meetings; as a basis for preparing the minutes;

    (b) (B) Prepare and certify the correctness of the minutes and enter them in the official minute book;

    (c) (C) Read or circulate the minutes to the commissioners for correction and approval;

    (d) (D) Enter any corrections approved by the commissioners in the minute book and initial them;

    (e) (E) Record and attest by his or her signature the approved minutes as the official minutes of the Park district Board, with the date of approval;

    (f) (F) Provide the presiding officer of the assembly with the exact wording of a pending motion or of one previously acted on when directed by the presiding officer;

    (g) (G) Prepare a list of members and call the roll when directed by the presiding officer;

    (h) (H) Read all papers, documents or communications as directed by the presiding officer;

    (i) (I) Bring to each meeting the minute book or its electronic equivalent, a copy of ordinances, rules and policies, a list of the members, a list of standing and special committees, and a copy of the parliamentary authority adopted by the organization;

    (j) (J) Search the minutes for information requested by officers or members;

    (k) (K) Assist the presiding officer before each meeting in preparing a detailed agenda;

    (l) (L) Preserve all records, reports and official documents of the Park district Board except those specifically assigned to the custody of others as well as preserve all papers containing evidence of title, contracts and obligations;

    (m) (M) Prepare and send required notices of meetings and proposals;

    (n) (N) Provide the chairman of each special committee with a list of his or her committee members, a copy of the motion referring the subject to the committee, and instructions and other documents that may be useful;

    (o) (O) Provide the chairman of each standing committee with a copy of all proposals referred to it, instructions, or material that may be useful;

    (p) (P) Authenticate official documents by his or her signature;

    (q) (Q) Carry on the official correspondence of the Park district Board as directed, except correspondence assigned to other officers;

    (r) (R) Make available the minute book or its electronic equivalent for public inspection as a public record; and

    (s) (S) Codify and preserve all ordinances enacted by the Park district Board.

    For this service the secretary, who is not a commissioner, may receive such compensation as the Park district Board may allow. Before entering upon the duties of his or her office, the secretary shall enter into a bond with one or more sureties deemed considered sufficient by the Park district Board and approved by the Park district Board, conditioned upon the faithful performance of his or her duties. The bond to shall be payable to the Greater Huntington Park and Recreation District Board in such penal sum as the Park district Board determines, which bond and shall be filed with the Park district Board for safekeeping. In the secretary's absence, the Park district Board may appoint a secretary pro tempore.

    (4) Treasurer -- The treasurer shall be responsible for the collection, safekeeping, investing and expenditure of all funds and assets of the Park district Board, and for keeping an accurate financial record thereof which record shall be available for public inspection. Before entering upon the duties of his or her office, the treasurer shall enter into a bond with one or more sureties deemed considered sufficient by the Park district Board, and approved by the Park district Board, conditioned upon the faithful discharge of his or her duties and the account accounting for and paying over, as may be required, all moneys which may come into his or her possession by virtue of his or her office. Such The bond shall be in such penal sum as the Park district Board may require, payable to the Greater Huntington Park and Recreation District Board and filed with the Park district Board for safekeeping.

§5. Meetings; quorum; parliamentary authority; office.

    (a) The commissioners shall select a regular time and place for meetings of the Park district Board which meetings shall be open to the public. Minutes of commission meetings shall be open to any bona fide resident of the park district the public upon request. Not less than Six members shall constitute a quorum to transact business. Additional or special meetings, also open to the public, may be called by the president, or at the request of four members, by the secretary. The concurrence of six members of the Park district Board shall be is required to decide all questions involving the expenditure of money.

    (b) All meetings of the Park district Board shall be conducted under the rules of parliamentary procedure as established by the Sturgis Standard Code of Parliamentary Procedure.

    (c) The Park district Board shall have and maintain an office in a location of its own choosing which office shall be open to the public during normal business hours.

§6. Park district Board established as a public corporate body; perpetual existence; seal; powers.

    (a) The Greater Huntington Park and Recreation Park District Board shall be is a public corporate body, although not a municipal corporation, and shall have perpetual existence and a common seal.

    (b) In addition to the powers set forth in section seven of this act, the Park district Board shall have powers to may:

    (1) Appropriate and expend funds from the sources of income derived from the enactment of this charter act for the purposes of establishing, constructing, improving, extending, developing, maintaining and operating, or any combination of the foregoing, a public park system for the park district: however Park District: Provided, That it may not expend funds on or appropriate funds to external agencies, public or private, for any purpose whatsoever: Provided, however, That in accordance with section six, item four this section, the Park district Board may contract with other agencies for direct services received or for joint endeavors in which the Park district Board is an active participant;

    (2) Purchase, hold, own, sell, convey or lease or take lease of real or personal property;

    (3) Receive any gift, grant, donation, bequest, devise or trust funds;

    (4) Sue and be sued;

    (5) Contract and be contracted with;

    (6) Do any and all things and acts which may be necessary, appropriate, convenient or incidental to carry out and effectuate the purposes and provisions of this charter act;

    (7) Retain complete and exclusive control and management of all of the properties owned by the Park district Board and dispose of the same as in the Park district’s Board’s opinion will best serve the purposes of this charter act and the interests of the public;

    (8) Acquire in the Park district’s Board’s name by purchase, lease, or by exercise of the power of eminent domain, or otherwise, such lands, structures or bodies of water, located anywhere within the state of West Virginia Park District as the Park district Board shall determine to be necessary, appropriate, convenient or incidental to the establishment, construction, improvement, extension, development, maintenance or operation of a park system;

    (9) Establish, construct, improve, extend, develop, maintain and operate a park system;

    (10) Employ such persons as, in its opinion, may be necessary for the establishment, construction, improvement, extension, development, maintenance, operation or management of the property under its control, at such wages, salaries or fees as it shall deem considers proper, and the Park district Board shall have full control of all employees;

    (11) Promulgate those ordinances, rules and regulations necessary to maintain the property belonging to the Park district Board as places of beauty, education and recreation or necessary to promote the health, property, lives, decency, morality and good order of the independent park district Park District, its inhabitants and members of the general public making use of such property owned or controlled by the Park district Board, or necessary to regulate the use of or driving upon the property owned or controlled by the Park district Board;

    (12) Abate, or cause to be abated, all nuisances affecting the Park district’s Board’s property or persons thereupon on the property;

    (13) Regulate or prohibit the placing of signs, billboards, posters and advertisements upon the Park district’s Board’s property; or adjacent thereto;

    (14) Keep the Park district’s Board’s property in good order and free from obstruction for the use and benefit of the public;

    (15) Construct, improve, maintain, repair, operate, curb or recurb, pave or repave, grade or regrade, surface or resurface roads, bridges, sewers, culverts, sidewalks, public ways, easements and other public works upon lands controlled or owned by the Park district Board;

    (16) Enter into contracts, agreements, leases and other legal obligations extending beyond a period of one fiscal year: Provided, That the contract, agreement, lease or other legal obligation does not require the expenditure of tax revenues;

    (17) Enter into intergovernmental agreements as any municipal corporation would be so entitled to enter into according to law and under such conditions as are required by law of municipal corporations before they enter intergovernmental agreements: Provided, That every such intergovernmental agreement shall, prior to and as a condition precedent to its becoming effective, be submitted to the Attorney General of the state of West Virginia who shall determine whether the agreement is in proper form and is compatible with the laws of this state;

    (18) Provide by contract with the City of Huntington, Town of Milton, Village of Barboursville, and the counties of Cabell and Wayne for the joint construction of sewers and other public works upon property owned or controlled by the board, to be paid for by joint funds; and

    (19) Spend moneys of the Park district Board to effectuate the purposes set forth in this charter act; and

    (20) Prepare, update at least every five years, and make public a comprehensive plan as to the ongoing development of the Park District: Provided, That the Park Board shall conduct at least one public hearing in the Park District for the purpose of obtaining citizen input prior to developing or updating the comprehensive plan.

§7. Financing and financial powers Charges, revenues, fees, levies, assessments and bonds for the support, maintenance and operation of parks.

    (a) The Park district Board shall have the following powers to may:

    (1) Make charges to Charge the public for services offered or goods sold by the Park district Board, as follows:

    (a) (A) Charges for services may be in the form of, but not limited to, admission and entrance fees, exclusive use and rental fees, user fees, license and permit fees, equipment rental, program maintenance fees, instructor fees, special accommodation fees, amusement fees, restricted membership fees, and cemetery service fees;

    (b) (B) Charges for goods sold may be in the forms of, but not limited to, beverages and foods, novelties and gifts, clothing, athletic equipment and supplies, cemetery plots, crypts, monuments, memorials, markers, vaults and any other forms of merchandise sold in connection with the burial of the dead, and other items that may pertain to the operation and maintenance of the Park District.

    (2) Impose upon the users of the park system reasonable service fees in addition to the service fees authorized by paragraph (a) (A) , subdivision (1) of this section subsection. As used in this section, “users” means any persons to whom the park system is made available.

    (a) (A) The board of directors of the park district Park District may adopt one or more resolutions establishing the amount and manner of collection of the fees and providing for reasonable penalties for failure to pay service fees. No resolution imposing a service fee is effective until it is ratified by a majority of the legal votes cast by the qualified voters of the district at a primary or general election.

    (b) (B) In addition to meeting the ballot and election requirements set forth in subdivision (3) of this section subsection, the ballot question must set forth the service fee, the manner in which it will be imposed and the general use to which the proceeds of the service fee shall be put. From time to time, the board may submit additional resolutions imposing additional service fees to the district’s electors for approval pursuant to this section.

    (3) Issue revenue bonds or refunding revenue bonds for the district, in the manner prescribed by the applicable provisions of sections seven, ten, twelve and sixteen, article sixteen, chapter eight of the Code of West Virginia, 1931, as amended this code. No revenue bonds, except for refunding revenue bonds, may be issued under this section until all questions connected with the bonds are first submitted to a vote of the qualified electors of the district for which the bonds are to be issued, and receive a majority of all the votes cast for and against the issuance. The ballot question must set forth:

    (a) (A) The necessity for issuing the bonds;

    (b) (B) Purpose or purposes for which the proceeds of bonds are to be expended;

    (c) (C) Total indebtedness, bonded or otherwise;

    (d) (D) Amount of the proposed bond issue;

    (e) (E) Maximum term of bonds and series;

    (f) (F) Maximum rate of interest;

    (g) (G) Date of election; and

    (h) (H) That the park district Park District is authorized to collect fees to provide funds for the payment of the interest upon the bonds and the principal at maturity, and the approximate amount of fees necessary for this purpose.

    (i) (4) Notice of any election shall be given by publication, within fourteen consecutive days next preceding the date of the election, of the resolution imposing the service fee as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code and the publication area for publication shall be the district. All of the provisions of the general election laws of this State concerning primary or general elections, when not in conflict with the provisions of this section, shall apply to elections hereunder, insofar as practicable.

            (4) (5) Annually levy on each $100 of the assessed valuation of the property taxable in said park district the Park District, within the corporate boundaries of the City of Huntington according to the last assessment thereof for state and county purposes, as follows:

    (A) On Class I property, 1.5¢; on Class II property, 3¢; on Class IV property, 6¢. The Park district Board may levy a lesser amount, in which case the above levies shall be reduced proportionately. These The levies shall be made at the time and in the manner provided by article eight, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended; this code, except that the levies shall be included in the maximum rates for the City of Huntington as established by law.

    (B) After the Park district Board has made the levy, it shall certify to the Finance Director of the city of Huntington the amount of the said levy, and the Finance Director shall thereupon extend the levy upon the tax tickets. and All levies made by the Park district Board shall be collected by the Finance Director who shall occupy a fiduciary relationship with the Park district Board. and then such Levy funds shall be paid to the Park district Board upon written order of the Park district Board, signed by the President of the Park district Board and countersigned by the Secretary of the Park district Board.

    (6) Assess the cost of improvements to or construction of streets, sidewalks, sewers, curbs, alleys, public ways or easements, or portions thereof, upon the abutting property owners whose property lies within the Park District. The assessments require approval of a majority of the commissioners present and voting, and shall be commenced and conducted in the manner prescribed by article eighteen, chapter eight of this code.

    (7 Sue and be sued; make contracts and guarantees; incur liabilities; borrow or lend money for any time period considered advisable by the commission; sell, mortgage, lease, exchange, transfer or otherwise dispose of its property; or pledge its property as collateral or security for any time period considered advisable by the commission.

    (8) Create trusts as will expedite the efficient management of the property and other assets owned or controlled by the Park Board. The trustee, whether individual or corporate, has a fiduciary relationship with the Park Board and may be removed by the Park Board for good cause shown or for a breach of the fiduciary relationship with the Park Board.

    Levies for support, maintenance and operation.

    (5) (b) In order to ensure adequate support for the maintenance and operation of the park district Park District, the following governing authorities shall, upon written request by the Park district Board, levy annually as follows within the respective taxing districts of the governing authorities, on each $100 of assessed valuation of the property taxable in the area served by it according to the last assessment for state and county purposes, amounts not exceeding the following amounts for fiscal year beginning July 1, 1983:

    (a) (1) The county commission of Cabell County, for the first year of the act and annually thereafter: Class one I, 0.433¢; class two Class II, 0.866¢; class three and class four Class III and Class IV, 1.73¢.

    (b) (2) The county commission of Wayne County, for the first year of the act and annually thereafter; Class one I, 0.0066¢; class two Class II, 0.0132¢; class three and class four Class III and Class IV, 0.0266¢.

    (c) (3) The board of education of the county of Cabell shall provide funds available to the board through special and excess levies for the first year of the act and annually thereafter: Class one I, 0.433¢; class two Class II, 0.866¢; class three and class four Class III and Class IV, 1.73¢.

    (d) (4) The city of Huntington, for the first year of the act and annually thereafter: Class one I, 1.3¢; class two Class II, 2.6 cents; class three and four Class III and Class IV, 5.2¢.

    (e) (5) The town of Milton, for the first year of the act and annually thereafter: Class one I, 1.3¢; class two Class II, 2.6¢; class three and class four Class III and Class IV, 5.2¢.

    (c) In addition to the aforesaid amounts set forth in subsection (b) of this section, which, upon written request by said the board, the governing authorities shall levy, each such governing authority may support the park district Park District with any other general or special revenues or excess levies.

    (1) All income realized by the operation of the Park district Board from any sources other than the above levies shall be used by the board of directors for support of the park district Park District.

    (2) All money collected or appropriated by the foregoing governing authorities for park district Park District purposes shall be deposited in a special account of the Park district Board and shall be disbursed by that board for the purpose of operating such Park district Board.

    (4) Assess the cost of improvements to or construction of streets, sidewalks, sewers, curbs, alleys, public ways or easements, or portions thereof, upon the abutting property owners whose property lies within the park district. Such assessments shall require approval of a majority of the commissioners present and voting, and shall be commenced and conducted in such manner as is prescribed by article eighteen, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended.

            (5) (d) The municipalities of Huntington and Milton and the counties of Cabell and Wayne are hereby empowered, and authorized to may issue, in the manner prescribed by law, revenue bonds or general obligation bonds, for the purpose of raising funds to establish, construct, improve, extend, develop, maintain or operate, a system of public parks and recreational facilities for the city or counties, or to refund any bonds of the city or counties, the proceeds of which were expended in the establishing, constructing, improving, extending, developing, maintaining or operating of such any part of all of the public park and recreation system. or any part thereof.

    (1) Any bonds issued for any of the purposes stated in this section pursuant to this subsection shall contain in the title or subtitle thereto the words "public park and recreation bonds," in order to identify the same, and shall be of such the form, denomination and maturity and shall bear such the rate of interest as shall be fixed by ordinance of the governing body of the city or counties.

    (2) The governing body may provide for the issuance of bonds for other lawful purposes of the city or counties in the same ordinance in which provision shall be made for the issuance of bonds under the provisions of this section.

    (3) The Park district Board shall pay all of the costs and expenses of any election which shall be held to authorize the issuance of public park and recreation bonds only.

    (4) The costs and expenses of holding an election to authorize the issuance of public park and recreation bonds and bonds for other city or county purposes shall be paid by the Park district Board and the city or counties respectively, in the proportion that the public park and recreation bonds bear to the total amount of bonds authorized.

    (5) Whenever the governing body of the city or counties and the requisite majority of the legal votes cast at the election thereon shall authorize in the manner prescribed by law, the issuance of bonds for the purpose of establishing, constructing, improving, extending, developing, maintaining, or operating, or any combination of the foregoing, a system of public parks and recreational facilities for the city or counties, or for refunding any outstanding bonds, the proceeds of which were applied to any of said purposes, said bonds shall be issued and The bonds issued pursuant to this subsection shall be delivered to the Park district Board to be by it sold in the manner prescribed by law, and the proceeds thereof shall be paid into the treasury of the Park district Board, and the same shall be applied and utilized by the Park district Board for the purposes prescribed by the ordinance authorizing the issuance of such bonds.

    (6) In any ordinance for the issuance of bonds for such purposes pursuant to this subsection, it shall be a sufficient statement of the purposes for creating the debt to specify that the same is for the purpose of establishing, constructing, improving, extending, developing, maintaining or operating, or any combination of the foregoing, a public park and recreation system for the city or counties, without specifying the particular establishment, construction, improvement, extension, development, maintenance or operation contemplated; but an ordinance for refunding bonds shall designate the issue and the number of bonds which it is proposed to refund.

    (6) Sue and be sued: make contracts and guarantees; incur liabilities; borrow or lend money for any time period deemed advisable by the commission, sell, mortgage, lease, exchange, transfer or otherwise dispose of its property; or pledge its property as collateral or security for any time period deemed advisable by the commission.

    (7) Create trusts of such kind as will expedite the efficient management of the property and other assets owned or controlled by the park district. The trustee, whether individual or corporate, in any such trust shall have a fiduciary relationship with the park district and may be removed by the park district for good cause shown or for a breach of the fiduciary relationship with the park district.

§8. Law enforcement.

    (a) The Park District is authorized and empowered to employ as many park rangers as the park district shall deem proper and necessary. Park rangers shall have the power may employ park rangers to make arrests for violations of ordinances promulgated by the park district Park District upon the property under the jurisdiction of the park district: Park District: Provided, That any person so employed as a park ranger must be certified or certifiable as having met the minimum entry level law enforcement qualification and training program requirements pursuant to the provisions of article twenty-nine, chapter thirty of this code. Park rangers may not carry a gun without obtaining a license therefor as required by law.

    (b) Police officers employed by the city of Huntington, town of Milton, village of Barboursville, members of the West Virginia division of public safety State Police and sheriff’s deputies in Cabell and Wayne counties are hereby authorized and empowered to or other law-enforcement agency authorized by law may make arrests for violations of ordinances promulgated by the Park district Board upon on property within the park district Park District which is under the jurisdiction of the Park district Board. and All of the foregoing officers of the law, except members of the Huntington police department, are hereby authorized and empowered to may make arrests for violations of ordinances promulgated by the Park district Board upon on property under the jurisdiction of the park district Park District which is outside of the Park district Board.

    (c) For violations of park district Park District ordinances, jurisdiction of all warrants relating thereto to be issued is hereby granted to such the courts as which have criminal jurisdiction of misdemeanors committed upon on property which is owned or controlled by the Park district Board.

§9. Title to property.

    (a) The title of all parks, parkways, playgrounds, athletic fields, cemeteries, boulevards and other property, real, personal and mixed, vested in the board of park commissioners under the powers and authority of the acts hereby amended and reenacted shall be and remain vested in the Greater Huntington Park and Recreation District Board as herein reconstituted defined.

    (b) Notwithstanding any provisions of this charter act to the contrary, the Park district Board is hereby authorized and empowered to may grant and convey to any municipality, town, village, county or to the State of West Virginia, all right, title, control and interest, jurisdiction and maintenance of any streets or boulevards owned by the Park district Board, whenever the Park district deems Board considers such action to be necessary or convenient and proper and in the best interests of the inhabitants of the park district Park District.

§10. Limitation of liability.

    The Park Board is not liable for any injury, loss or damage that occurs within the Park District or on any property owned or controlled by the Park Board, and no cause of action may arise unless the injury, loss or damage is caused by the willful and wanton misconduct of an agent or employee of the Park Board.

    NOTE: The purpose of this bill is to require a public hearing before the comprehensive plan is updated. The bill limits the liability of the Commissioners of the Greater Huntington Park and Recreation District for injury, loss or damage which may occur within the Park District or on property owned or controlled by the board. The bill also requires that persons employed as park rangers meet certain law enforcement qualifications.

    Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.