ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 159
(By Senators Tomblin, Mr. President,
McCabe, Bowman, Plymale,
Barnes, Foster, Minard, Unger and Jenkins)
____________
[Originating in the Committee on Government Organization;
reported March 15, 2005.]
____________
A BILL to repeal §8-8-1
, §8-8-2,
§8-8-3, §8-8-4,
§8-8-5,
§8-8-6,
§8-8-7,
§8-8-8,
§8-8-9,
§8-8-10,
§8-8-11,
§8-8-12,
§8-8-13,
§8-8-14,
§8-8-15,
§8-8-16,
§8-8-17 and
§8-8-18 of the Code of
West Virginia, 1931, as amended
;
and to amend said code by
adding thereto a new chapter, designated
§7A-1-1, §7A-1-2,
§7A-1-3, §7A-1-4, §7A-2-1, §7A-2-2, §7A-2-3, §7A-2-4, §7A-3-1,
§7A-3-2, §7A-3-3, §7A-3-4, §7A-3-5, §7A-3-6, §7A-3-7,
§7A-4-1,
§7A-4-2, §7A-4-3, §7A-5-1, §7A-5-2, §7A-5-3, §7A-5-4, §7A-5-5,
§7A-5-6, §7A-5-7, §7A-6-1, §7A-6-2, §7A-6-3, §7A-6-4, §7A-6-5,
§7A-6-6, §7A-6-7, §7A-7-1, §7A-7-2, §7A-7-3, §7A-7-4, §7A-7-5,
§7A-7-6, §7A-7-7, §7A-7-8, §7A-7-9 and §7A-8-1,
all relating
to creating the Consolidated Local Government Act; stating
legislative findings and definitions; authorizing municipal consolidation, county consolidation, metro consolidation and
metro-metro consolidation; establishing powers to be construed
broadly; stating local consolidated government to be treated
like municipality in municipal consolidation, county in county
consolidation and municipality and county in metro
consolidation; addressing jurisdiction and limitations of
consolidated local governments; commencing consolidation by
petition from voters or resolution by governing bodies;
creating charter review committees; stating powers of charter
review committees; allowing reimbursement of expenses for
committee members; submitting charter review committee budget
to governing bodies; studying consolidation; addressing
territory, fiscal impact, name, seat, representation,
governing body, effective date, transition of service and
dissolution in charter review committee; drafting proposed
charter; providing multiple public hearings; approving
proposed charter and submitting proposed charter to governing
bodies to hold elections; providing election by voters of each
affected local government for municipal consolidation, county
consolidation, metro consolidation and metro-metro
consolidation; permitting reconsideration of second proposed
charter if first is defeated; leaving municipalities
incorporated in metro consolidation; disallowing new
consolidation effort for two years after defeat; allowing subsequent joining of local governments to consolidated local
government; describing metro-metro consolidation; and
permitting charter to be amended.
Be
it enacted by the Legislature of West Virginia:
That §8-8-1
, §8-8-2,
§8-8-3, §8-8-4,
§8-8-5,
§8-8-6,
§8-8-7,
§8-8-8,
§8-8-9,
§8-8-10,
§8-8-11,
§8-8-12,
§8-8-13,
§8-8-14,
§8-8-
15,
§8-8-16,
§8-8-17 and
§8-8-18 of the Code of West Virginia,
1931, as amended,
be repealed
;
and that said code be amended by
adding thereto a new chapter, designated
§7A-1-1, §7A-1-2, §7A-1-3,
§7A-1-4, §7A-2-1, §7A-2-2, §7A-2-3, §7A-2-4, §7A-3-1, §7A-3-2, §7A-
3-3, §7A-3-4, §7A-3-5, §7A-3-6, §7A-3-7,
§7A-4-1, §7A-4-2, §7A-4-3,
§7A-5-1, §7A-5-2, §7A-5-3, §7A-5-4, §7A-5-5, §7A-5-6, §7A-5-7, §7A-
6-1, §7A-6-2, §7A-6-3, §7A-6-4, §7A-6-5, §7A-6-6, §7A-6-7, §7A-7-1,
§7A-7-2, §7A-7-3, §7A-7-4, §7A-7-5, §7A-7-6, §7A-7-7, §7A-7-8, §7A-
7-9 and §7A-8-1,
all to read as follows:
CHAPTER 7A. CONSOLIDATED LOCAL GOVERNMENT.
ARTICLE 1. GENERAL PROVISIONS.
§7A-1-1. Short Title.
This chapter may be known and cited as the "Consolidated Local
Government Act".
§7A-1-2. Legislative findings.
(a) The Legislature finds that:
(1) The fiscal viability of municipal and county governments
is challenged by changing demographics and tax bases;
(2) With many local governments there is significant duplicity
of services;
(3) Certain local governments are at their taxable limits and
yet are facing fee increases to remain financially viable; and
(4) Local governments should perform at the highest levels of
efficiency and economy while providing the highest standards of
governmental services to their citizens.
(b) The Legislature finds that consolidation of local
governments:
(1) Is in the public interest;
(2) Would help promote economic growth and development;
(3) Would help local governments provide more efficient local
services and more effective public administration; and
(4) Would keep local governments viable and provide more
governing flexibility.
(c) Therefore, in order to attain high standards of
efficiency, economy, service and flexibility and to assure the
ongoing improvement in the quality of life of all citizens of the
state, the Legislature hereby encourages and permits all local
governments to consolidate part or all of their governmental and
corporate functions.
§7A-1-3. Definitions.
For the purposes of this article, the following words have the
meanings assigned unless the context indicates otherwise:
(1) "Affected municipality", "affected county", "affected
metro government" or "affected area", or the plural, mean
municipalities, counties or metro governments in the territory
encompassed by the proposed charter of a consolidated local
government.
(2) "Consolidated local government", or the plural, means a
new classification of government and encompasses municipal
consolidation, county consolidation, metro consolidation and metro-
metro consolidation.
(3) "County consolidation" and "consolidated county" mean the
consolidation of two or more counties as defined by the charter.
(4) "Governing body", or the plural, means the body charged
with the responsibility of enacting laws and determining public
policy of a municipal or county government or local consolidated
government.
(5) "Metro consolidation" and "metro government" mean the
consolidation of one or more counties and a principal city or a
metro government with a county or municipality as defined by the
charter.
(6) "Metro-metro consolidation" and "metro-metro government"
mean the consolidation of two or more metro governments, with
additional counties or municipalities, as defined by the charter.
(7) "Municipal consolidation" and "consolidated municipality"
mean the consolidation of two or more municipalities, including cities, towns and villages, as defined by the charter.
(8) "Principal city" means the city with the largest
population in the territory encompassed by the proposed charter of
the consolidated local government.
§7A-1-4. Authority to consolidate.
A municipality, county or metro government in this state is
authorized to form a consolidated local government with another
municipality, county or metro government upon approval by the
voters of the affected areas.
ARTICLE 2. POWERS AND LIMITATIONS.
§7A-2-1. Powers and privileges of consolidated local government.
(a) A consolidated local government shall have, but not be
limited to, all powers and privileges of a municipality for a
municipal consolidation, a county for a county consolidation and
both a municipality and a county for a metro or metro-metro
consolidation under the Constitution and general laws of West
Virginia.
(b) In addition, a consolidated local government shall have
the power and authority to:
(1) Levy and collect taxes on all property taxable for state
purposes within the territory of the consolidated local government
not exempt by law from taxation and at a rate not in excess of that
allowed by law;
(2) License, tax, charge fees and regulate privileges, occupations, trades and professions as authorized by law;
(3) Make appropriations for the support of the consolidated
local government and provide for the payment of all debts and
expenses of the consolidated local government and the debts and
expenses of the local governments of which it is the successor;
(4) Issue or cause to be issued bonds and other debt
instruments or enter into all other financial transactions as may
be permitted by law;
(5) Purchase, lease, construct, maintain or otherwise acquire,
hold, use and operate any property, real, personal or mixed, for
any public purpose and sell, lease or otherwise dispose of any
property, real, personal or mixed, belonging to a consolidated
local government;
(6) Exercise the power of eminent domain for any public
purpose subject to the limitations and exceptions prescribed by the
Constitution and the general laws of West Virginia;
(7) Accept federal or state funds and other sources of revenue
that are applicable to counties and municipalities;
(8) Pass and enforce by fines and penalties, if necessary, all
ordinances, not inconsistent with law, as are expedient in
maintaining the peace, safety, good government, health and welfare
of the residents of the consolidated local government;
(9) Provide for the redevelopment, renewal or rehabilitation of blighted, deteriorated or dilapidated areas;
(10) Enforce land use regulations; and
(11) Enter into contracts and agreements with other
governmental entities and with private persons, firms and
corporations and address cooperative compacts in existence at the
time of consolidation.
(c) A consolidated local government shall continue to exercise
its powers and privileges notwithstanding repeal or amendment of
any laws upon which the powers and privileges are based unless
expressly pertaining to consolidated local governments.
(d) Consolidated local governments created under this chapter
are entitled to all state and federal monetary assistance to the
same extent a municipality or county is entitled to such
assistance. A metro or metro-metro government shall have the
status of a city and county for purposes of receiving state,
federal and any other monetary assistance and the population of the
territory encompassed by its charter shall be used for all
calculations and distributions.
(e) The powers of the consolidated local government shall be
construed broadly in its favor. The specific reference, or failure
to do so, of particular powers in this section shall not be
construed as limiting the general or specific powers of a
consolidated local government.
(f) A consolidated local government acquires and succeeds to all rights, obligations, duties and privileges of the governments
of which it is a successor in accordance with the terms of the
charter.
(g) Without the necessity or formality of deed, bill of sale
or other instrument of transfer, the consolidated local government
becomes the owner of all property, assets, contracts and franchises
within the territory encompassed by the charter previously
belonging to the governments of which it is a successor.
§7A-2-2. Jurisdiction.
A consolidated local government shall have power and
jurisdiction throughout the total territory encompassed by its
charter.
§7A-2-3. Continued existence of laws.
Rules, ordinances, resolutions and other effects of law in
force within an affected municipality, county, metro or metro-metro
government at the time of consolidation that do not conflict with
the charter remain in effect until superceded by specific action of
the new governing body of the consolidated local government.
§7A-2-4.Limitations of a consolidated local government.
(a) Public school districts, library districts and public
service districts are not affected by consolidation under this
chapter unless dissolved as prescribed by law.
(b) The adoption of a charter does not alter any right or
liability of an affected municipality, county or metro government in effect at the time the charter becomes effective. Ordinances
and resolutions relating to public improvements to be paid for, in
whole or in part, by special assessments shall remain in effect
until paid in full.
ARTICLE 3. INITIATING CONSOLIDATION AND ESTABLISHING CHARTER
REVIEW COMMITTEE.
§7A-3-1. Initiating consolidation.
(a) Consolidation may be initiated by:
(1) A petition signed by at least fifteen percent of the
qualified voters in the affected municipality, county or metro
government proposing consolidation; or
(2) A resolution by the governing body of
each affected
municipality for a municipal consolidation, each affected county
for a county consolidation and each affected principal city, county
and metro government for a metro or metro-metro consolidation
.
(b) The petition or resolution shall be submitted to the
respective county commission of the affected county or the
governing body of a metro government proposing consolidation.
(c) Upon receipt by the respective county commission or the
governing body of the metro government of the petition or
resolution proposing consolidation, the governing body shall,
within thirty days, verify the petition or resolution proposing
consolidation and either oversee the establishment of a charter
review committee as provided for in this chapter or reject the petition or resolution proposing consolidation for insufficiency.
(d) If the governing body rejects the petition or resolution
proposing consolidation, the rejection shall be in writing, stating
how the insufficiency may be corrected and that the petition or
resolution may be resubmitted within ninety days.
§7A-3-2. Municipal charter review committee.
(a) A municipal charter review committee shall be established
within thirty days of the county commission verifying the petition
or resolution proposing consolidation.
(b) A municipal charter review committee shall consist of the
following members:
(1) Two government officials or their designees from each
affected municipality appointed by their respective governing
bodies;
(2) One county commissioner or his or her designee appointed
by the county commission from each county where the affected
municipalities are located; and
(3) Two or three public members elected during executive
session by the other members to make the number of charter review
committee members odd.
(c) A municipal charter review committee shall continue to
exist until it is dissolved pursuant to the charter or the final
disapproval of the charter.
§7A-3-3. County charter review committee.
(a) A county charter review committee shall be established
within thirty days of the county commissions verifying the petition
or resolution proposing consolidation.
(b) A county charter review committee shall consist of the
following members:
(1) Two county commissioners or their designees from each
affected county appointed by their respective county commissions;
and
(2) Three public members, including one from an unincorporated
area, elected during executive session by the other charter review
committee members.
(c) A county charter review committee shall continue to exist
until it is dissolved pursuant to the charter or the final
disapproval of the charter.
§7A-3-4. Metro charter review committee.
(a) A metro charter review committee shall be established
within thirty days of the county commission or the governing body
of a metro government verifying the petition or resolution
proposing consolidation.
(b) For principal city-county consolidation, the metro charter
review committee shall consist of the following members:
(1) Two government officials or their designees from the
principal city appointed by the governing body of the principal
city;
(2) If the principal city is located in two counties, then one
county commissioner or his or her designee from the county not
participating in consolidation appointed by the respective county
commission;
(3) Two county commissioners or their designees from each
affected county appointed by their respective county commissions;
and
(4) Two or three public members, including one from an
unincorporated area, elected during executive session by the other
members to make the number of charter review committee members odd.
(c) For metro-metro consolidation, the metro charter review
committee shall consist of the following members:
(1) Two government officials or their designees from each
affected metro government appointed by their respective governing
bodies;
(2) If additional counties or municipalities are joining in
the consolidation, then one government official or his or her
designee from each affected municipality or county appointed by
their respective governing bodies; and
(3) Two or three public members elected during executive
session by the other members to make the number of charter review
committee members odd.
(d) A metro charter review committee shall continue to exist
until it is dissolved pursuant to the charter or the final disapproval of the charter.
§7A-3-5. Duties and powers of charter review committee.
(a) A charter review committee shall study consolidation and
the feasibility of consolidation.
(b) A charter review committee has the power to:
(1) Elect its officers from committee members;
(2) Adopt rules;
(3) Prepare a budget;
(4) Conduct public hearings;
(5) Create subcommittees and working groups to include other
government officials and diverse representation of the public;
(6) Prepare a written charter;
(7) Employ staff;
(8) Contract with consultants;
(9) Work with agencies of affected local governments; and
(10) Other powers that are needed to facilitate the intent of
this chapter.
(c) A majority of committee members present constitutes a
quorum for transaction of business and adopting the charter.
(d) Vacancies on the charter review committees shall be filled
in substantially the same manner as provided for in this article.
§7A-3-6. Expenses of charter review committee.
Members of a charter review committee shall serve without
compensation, but shall be reimbursed by the charter review committee for necessary expenses incurred by them in the
performance of their official duties.
§7A-3-7. Budget of charter review committee.
(a) A charter review committee shall submit a budget to the
governing bodies of the affected municipalities, counties and metro
governments. A charter review committee shall pursue public and
private funds to augment its budget. The budget shall state in
writing the amount each governing body shall pay, which shall be
proportionately based on population.
(b) Within ten days of receiving the charter review
committee's budget, the governing bodies of the affected
municipalities, counties and metro governments shall either approve
the budget or recommend written amendments to the budget.
(c) If amendments are recommended, then the charter review
committee shall reconsider the budget and resubmit the budget to
the governing bodies for approval within ten days.
(d) The governing bodies of affected municipalities, counties
and metro governments shall assist the charter review committee and
provide office space if needed.
ARTICLE 4. CHARTER REVIEW COMMITTEE.
§7A-4-1. Study by charter review committee and draft of proposed
charter.
(a) The charter review committee shall study matters relating
to the feasability of consolidation.
(b) The charter review committee shall further address the
powers and authority of the proposed consolidated local government,
including, but not limited to:
(1) The territory encompassed by the consolidated local
government, including all affected municipalities, counties and
metro governments, or parts thereof, to be included in the
boundaries of the consolidated local government;
(2) The fiscal impact of the proposed consolidation on the
affected municipalities, counties and metro governments including:
(A) The cost of providing services to the consolidated local
government;
(B) Projected revenues available to the consolidated local
government based upon proposed classifications and tax structures;
and
(C) Projected economies of scale resulting from consolidation;
(3) The name of the proposed consolidated local government;
(4) The seat of the proposed consolidated local government;
(5) The representation plan based upon population for the
territory encompassed by the consolidation consistent with state
and federal law;
(6) The creation of the governing body of the proposed
consolidated local government, including an odd number of governing
officers of not less than five, their qualifications for holding
office, titles, powers, duties, terms of office, manner of election, compensation, method of removal and other pertinent
matters consistent with state and federal law;
(7) The effective date of the charter once consolidation is
approved by the electorate;
(8) A procedure for the orderly and timely transition of
specified services, functions and responsibilities from each
affected municipality, county, metro or metro-metro government and
their respective departments and agencies to the consolidated local
government to occur within two years from the date the charter
becomes effective; and
(9) The method by which a consolidated local government may
dissolve being in effect for a minimum of six years.
(c) The charter review committee shall complete its study and
draft a proposed charter within one year from the date of its
organizational meeting.
§7A-4-2. Public Hearings.
(a) The charter review committee shall hold a public hearing
within three months of the organizational meeting or reconvening,
a public hearing within six months of its organizational meeting or
reconvening and a public hearing within eleven months its
organizational meeting prior to finalizing its draft of the
proposed charter. The committee is authorized to hold additional
public hearings as warranted.
(b) The date, time, place and agenda of the public hearing shall be published as a Class II legal advertisement in a newspaper
of general circulation in the affected area at least ten days prior
to each public hearing.
§7A-4-3. Approval of proposed charter and submission to governing
bodies.
(a) Following its final public hearing, the charter review
committee shall vote on the proposed charter.
(b) Once approved by a majority vote of the charter review
committee, the proposed charter shall be submitted within ten days
to the governing bodies of the affected municipalities, counties
and metro governments to be voted upon by the electorate.
ARTICLE 5. MUNICIPAL CONSOLIDATION ELECTION.
§7A-5-1. Expenses for election.
The governing body of each affected municipality is
responsible for the expenses of holding an election on the question
of municipal consolidation.
§7A-5-2. Notice for election.
(a) At least sixty days prior to the election on the question
of municipal consolidation, the governing body of each affected
municipality shall make copies of the proposed charter available to
the public.
(b) At least fourteen days prior to the election on the
question of municipal consolidation, the governing bodies of the
affected municipalities shall publish the proposed charter and provide notice of the election, as a Class I legal advertisement,
in a newspaper of general circulation in the affected area. The
affected municipalities may share the expense of publication.
§7A-5-3 . Election and ballots for municipal consolidation.
(a) Within one hundred twenty days of receipt of the proposed
charter from the municipal charter review committee, the governing
bodies of the affected municipalities shall hold an election on the
question of consolidation. The elections in the affected
municipalities shall be held on the same day in accordance with
applicable election laws.
(b) The ballots for the election on consolidation shall be as
follows:
[ ] For charter proposing consolidation
[ ] Against charter proposing consolidation.
§7A-5-4. Approval of municipal consolidation and charter.
If a majority of the qualified voters in each of the affected
municipalities approves consolidation, then consolidation becomes
effective pursuant to the charter.
§7A-5-5. Rejection of charter and reconsideration process.
(a) If a majority of the qualified voters in any of the
affected municipalities rejects consolidation, then the municipal
charter review committee may reconvene for up to six months to
adopt a second proposed charter.
(b) When the second proposed charter is adopted by the municipal charter review committee, then the governing bodies of
the affected municipalities shall hold another election on the
second proposed charter within one hundred twenty days of receipt
of the second proposed charter from the municipal charter review
committee. The elections in the affected municipalities shall be
held on the same day and in accordance with applicable election
laws.
(c) The ballots for the election on the second proposed
charter shall be as follows:
[ ] For charter proposing consolidation
[ ] Against charter proposing consolidation.
(d) If the second proposed charter is rejected by a majority
of the qualified voters in the affected municipalities, then the
proposed consolidation is defeated. A new municipal charter review
committee cannot be established for at least two years after the
second proposed charter is defeated.
§7A-5-6. Filing charter
.
After the charter has been approved by a majority of the
qualified voters in the affected areas, the charter shall be filed
with the Secretary of State and recorded in the applicable county
clerk's office.
§7A-5-7. Subsequent joining of municipality to consolidated
municipality.
(a) After a consolidated municipality has been in existence for at least one year, a municipality that is not part of the
consolidated municipality may join the consolidated municipality
by:
(1) A petition signed by at least fifteen percent of the
qualified voters in the municipality; or
(2) A resolution by the governing body of the municipality.
(b) Within thirty days of receipt of the petition or
resolution from the municipality to the governing body of the
consolidated municipality, the governing body of the consolidated
municipality shall vote to accept or reject the municipality
joining the consolidated municipality.
(c) If the governing body of the consolidated municipality
votes to accept the municipality joining the consolidated
municipality, then the municipality shall, within one hundred
twenty days of acceptance, hold an election on consolidation. The
election shall be held in accordance with applicable election laws.
(d) The ballots for the election on consolidation shall be as
follows:
[ ] For the (name of consolidated municipality) charter
[ ] Against the (name of consolidated municipality) charter.
(e) If a majority of the qualified voters in the municipality
approves consolidation, then the municipality becomes part of the
consolidated municipality.
(f) If consolidation is rejected by a majority of the qualified voters in the municipality, then the consolidation is
defeated and cannot be voted upon for one year.
ARTICLE 6. ELECTIONS ON COUNTY CONSOLIDATION.
§7A-6-1. Expenses for election.
The governing body of each affected county is responsible for
its expenses of holding an election on the question of county
consolidation.
§7A-6-2. Notice for election.
(a) At least sixty days prior to the election on the question
of county consolidation, the governing body of each affected county
shall make copies of the proposed charter available to the public.
(b) At least fourteen days prior to the election on the
question of county consolidation, the governing bodies of the
affected counties shall publish the proposed charter and provide
notice of the election, as a Class I legal advertisement, in a
newspaper of general circulation in the affected area. The
affected counties may share the expense of publication.
§7A-6-3 . Election and ballots for county consolidation.
(a) Within one hundred twenty days of receipt of the proposed
charter from the county charter review committee, the governing
bodies of the affected counties shall hold an election on the
question of consolidation. The elections in the affected counties
shall be held on the same day in accordance with applicable
election laws.
(b) The ballots for the election on consolidation shall be as
follows:
[ ] For charter proposing consolidation
[ ] Against charter proposing consolidation.
§7A-6-4. Approval of county consolidation and charter.
If a majority of the qualified voters in each of the affected
counties approves consolidation, then consolidation becomes
effective pursuant to the charter.
§7A-6-5. Rejection of charter and reconsideration process.
(a) If a majority of the qualified voters in any of the
affected counties rejects consolidation, then the county charter
review committee may reconvene for up to six months to adopt a
second proposed charter.
(b) When the second proposed charter is adopted by the county
charter review committee, then the governing bodies of the affected
counties shall hold another election on the second proposed charter
within one hundred twenty days of receipt of the second proposed
charter from the county charter review committee. The elections in
the affected counties shall be held on the same day and in
accordance with applicable election laws.
(c) The ballots for the election on the second proposed
charter shall be as follows:
[ ] For charter proposing consolidation
[ ] Against charter proposing consolidation.
(d) If the second proposed charter is rejected by a majority
of the qualified voters in the affected counties, then the proposed
consolidation is defeated. A new county charter review committee
cannot be established for at least two years after the second
proposed charter is defeated.
§7A-6-6. Filing charter
.
After the charter has been approved by a majority of the
qualified voters in the affected areas, the charter shall be filed
with the Secretary of State and recorded in all of the applicable
county clerk's offices.
§7A-6-7. Subsequent joining of county to consolidated county
government.
(a) After a consolidated county government has been in
existence for at least one year, a county that is not part of the
consolidated county may join the consolidated county by:
(1) A petition signed by at least fifteen percent of the
qualified voters in the county; or
(2) A resolution by the governing body of the county.
(b) Within thirty days of receipt of the petition or
resolution from the county to the governing body of the
consolidated county, the governing body of the consolidated county
shall vote to accept or reject the county joining the consolidated
county.
(c) If the governing body of the consolidated county votes to accept the county joining the consolidated county, then the county
shall, within one hundred twenty days of acceptance, hold an
election on consolidation. The election shall be held in
accordance with applicable election laws.
(d) The ballots for the election on consolidation shall be as
follows:
[ ] For the (name of consolidated county) charter
[ ] Against the (name of consolidated county) charter.
(e) If a majority of the qualified voters in the county
approves the consolidation, then the county becomes part of the
consolidated county.
(f) If consolidation is rejected by a majority of the
qualified voters in the county, then the consolidation is defeated
and cannot be voted upon for one year.
ARTICLE 7. ELECTIONS ON METRO GOVERNMENT.
§7A-7-1. Expenses for election.
The governing body of each affected county or metro government
is responsible for the expenses of holding an election on the
question of metro government and the proposed charter.
§7A-7-2. Notice for election.
(a) At least sixty days prior to the election on the question
of metro government and the proposed charter, each governing body
of the principal city, affected county and metro government shall
make copies of the proposed charter available to the public.
(b) At least fourteen days prior to the election on the
question of metro government and the proposed charter, the
governing body of each affected county or metro government shall
publish the proposed charter and provide notice of the election, as
a Class I legal advertisement, in a newspaper of general
circulation in the affected areas.
§7A-7-3. Election and ballots for metro government.
(a) Within one hundred twenty days of receipt of the proposed
charter from the metro charter review committee, the governing body
of each affected county and metro government shall hold an election
on the question of metro government and the proposed charter. The
elections in the affected county or metro government shall be held
on the same day in accordance with applicable election laws.
(b) The ballots for the election on consolidation shall be as
follows:
[ ] For charter proposing consolidation
[ ] Against charter proposing consolidation.
§7A-7-4. Approval of metro government and charter.
If a majority of the qualified voters in the principal city
and a majority of the qualified voters in the affected county or
metro government approve consolidation, then metro government
becomes effective pursuant to the charter.
§7A-7-5. Rejection of charter and reconsideration process.
(a) If a majority of the qualified voters in the principal city, or the affected county or metro government rejects
consolidation, then the metro charter review committee may
reconvene for up to six months to adopt a second proposed charter.
(b) When the second proposed charter is adopted by the metro
charter review committee, then the governing bodies of the affected
county or metro government shall hold another election on the
second proposed charter within one hundred twenty days of receipt
of the second proposed charter from the metro charter review
committee. The elections in the affected county or metro
government shall be held on the same day and in accordance with
applicable election laws.
(c) The ballots for the election on the second proposed
charter shall be as follows:
[ ] For charter proposing consolidation
[ ] Against charter proposing consolidation.
(d) If the second proposed charter is rejected by a majority
of the qualified voters in the principal city, or affected county
or metro government, then the proposed consolidation is defeated.
A new metro charter review committee cannot be established for at
least two years after the second proposed charter is defeated.
§7A-7-6. Municipalities within territory remain incorporated in
metro government.
Upon the approval by voters of metro consolidation,
municipalities within the territory of the metro government shall remain incorporated and shall continue to perform their functions
as permitted by law unless dissolved or consolidated into the metro
government pursuant to section eight of this article.
§7A-7-7. Filing charter
.
After the charter has been approved by a majority of the
qualified voters in the affected areas, the charter shall be filed
with the Secretary of State and recorded in the applicable county
clerk's offices.
§7A-7-8. Subsequent joining of municipalities or counties to metro
government.
(a) After a metro government has been in existence for at
least one year, a municipality or county that is not part of the
metro government may join the metro government by:
(1) A petition signed by at least fifteen percent of the
qualified voters in the municipality or county; or
(2) A resolution by the governing body of the municipality or
county.
(b) Within thirty days of receipt of the petition or
resolution from the municipality or county to the governing body of
the metro government, the governing body of the metro government
shall vote to accept or reject the municipality or county joining
the metro government.
(c) If the governing body of the metro government votes to
accept the municipality or county joining the metro government, then the municipality or county shall, within one hundred twenty
days of acceptance, hold an election on consolidation. The
election shall be held in accordance with applicable election laws.
(d) The ballots for the election on consolidation shall be as
follows:
[ ] For the (name of metro government) charter
[ ] Against the (name of metro government) charter.
(e) If a majority of the qualified voters in the municipality
or county approves consolidation, then the municipality or county
becomes part of the metro government.
(f) If consolidation is rejected by a majority of the
qualified voters of the municipality or county, then the
consolidation is defeated and cannot be voted upon for one year.
§7A-7-9. Metro-metro consolidation.
(a) Two or more metro governments that have been in existence
for at least one year may consolidate and may include other
municipalities or counties in the consolidation by following the
procedures to initiate consolidation, establish a metro charter
review committee, study consolidation and prepare a charter
pursuant to the provisions of this chapter and hold an election on
the proposed charter pursuant to this article.
(b) There may be more than one principal city in a metro-metro
consolidation.
(c) The intent of this chapter is to promote consolidation and the provisions of this chapter shall be construed broadly to permit
metro-metro consolidations.
(d) The specific reference, or failure to do so, of particular
provisions in this chapter shall not be construed as limiting the
general or specific powers of metro-metro governments.
ARTICLE 8. CHARTER AMENDMENT.
§7A-8-1. Charter amendment.
(a) If a charter is adopted, it may be amended by one of the
following methods:
(1) The governing body of the consolidated local government,
by resolution, may submit a proposed amendment to the voters at a
general election or at a special election and the proposed
amendment becomes effective upon approval by a majority of those
voting within the consolidated local government;
(2) The governing body of the consolidated local government,
by ordinance, may amend the charter. However, within thirty days
following publication of the ordinance, if a petition signed by at
least ten percent of the qualified voters of the consolidated local
government is filed with the governing body of the consolidated
local government, the governing body shall submit the charter
amendment to the voters at a special election. The amendment
becomes effective upon approval of a majority of those voting
within the consolidated government area; or
(3) If a petition, signed by ten percent of the qualified voters in the consolidated local government, is filed with the
governing body of the consolidated local government proposing an
amendment to the charter, the governing body shall submit the
proposed amendment to the voters at a general election or at a
special election and, in such event, the amendment becomes
effective upon approval of a majority of those voting within the
consolidated local government.
(b) If an election is held, then the governing body shall
submit the question of amending the charter to the electorate in
substantially the following form:
Should the amendment described below be adopted for the
charter of (name of consolidated local government)?
[ ]Yes
[ ]No
The ballot shall contain a summary of the proposed amendment.