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House Bill 2600 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2600
(By Delegates Hartman, McCuskey, Campbell, Miley,
Nelson, E., Sponaugle, Skaff and Lynch)
[Introduced February 22, 2013; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §7-25-1, §7-25-2,
§7-25-3, §7-25-4, §7-25-5, §7-25-6, §7-25-7, §7-25-8, §7-25-9,
§7-25-10, §7-25-11, §7-25-12, §7-25-13, §7-25-14, §7-25-15,
§7-25-16, §7-25-17, §7-25-18, §7-25-19, §7-25-20, §7-25-21,
§7-25-22, §7-25-23, §7-25-24 and §7-25-25; and to amend and
reenact §30-29-1 of said code, all relating to the creation of
resort area districts; providing short title for article;
providing legislative findings for resort area districts;
defining terms; authorizing county commissions to create
resort area districts; providing for petition process for
creation or expansion of resort area districts; providing
notice requirements for creation or expansion of resort area
districts; providing that resort area districts are public
corporations and political subdivisions; setting forth powers
of resort area districts; authorizing resort area districts to undertake capital projects; authorizing resort area districts
to levy assessments upon real property; authorizing resort
area districts to borrow money and incur indebtedness;
authorizing resort area districts to issue assessment bonds
and resort service fee bonds; authorizing resort area
districts to impose penalties for unpaid assessments;
authorizing resort area districts to levy resort service fee
on purchases of certain goods and services; authorizing resort
area districts to provide public services; authorizing resort
area districts to provide for public safety and appoint resort
area rangers; providing for official name of resort area
districts; providing for creation of resort area boards;
setting forth powers and certain procedures for resort area
boards; providing for election of resort area board members;
providing election procedures for resort area boards;
requiring certain resort area board members to give bond;
providing notice requirements for resort area boards election;
providing procedures and notice requirements for resort
service fee implementation and administration; providing
procedures for implementing and providing services within
resort area districts; requiring adoption of budget annually;
providing procedures for implementation of assessments;
providing notice requirements for assessments; providing
procedures for construction of capital projects; providing procedures for revision of assessments; exempting public
property from assessments; providing terms for assessment
bonds and resort service fee bonds; exempting assessment bonds
and resort service fee bonds from state taxation; providing
that indebtedness of resort area district to be paid solely
from resort service fee and assessments; providing procedure
for payment of assessments to sheriff; authorizing sheriff to
collect delinquent assessments; providing for lien against
property subject to assessment and notice thereof; providing
for appointment of resort area rangers; authorizing resort
area rangers to exercise authority of law-enforcement
officers; requiring annual audit of resort area districts;
providing for liberal construction of article; and providing
that resort area rangers are considered law-enforcement
officers subject to same training and requirements as other
law-enforcement officers.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §7-25-1, §7-25-2,
§7-25-3, §7-25-4, §7-25-5, §7-25-6, §7-25-7, §7-25-8, §7-25-9,
§7-25-10, §7-25-11, §7-25-12, §7-25-13, §7-25-14, §7-25-15,
§7-25-16, §7-25-17, §7-25-18, §7-25-19, §7-25-20, §7-25-21,
§7-25-22, §7-25-23, §7-25-24 and §7-25-25; and that §30-29-1 of
said code be amended and reenacted, all to read as follows:
ARTICLE 25. RESORT AREA DISTRICTS.
§7-25-1. Short Title.
__________This article shall be known and cited as the "Resort Area
District Act".
§7-25-2. Findings.
__________The Legislature finds that:
__________(a) West Virginia's resorts and other recreational areas have
an important role in the economy of the local areas surrounding
their locations.
__________(b) West Virginia's resorts and other recreational areas are
often located in unincorporated areas and, as a consequence, such
areas have less funding available to provide infrastructure and
essential services within such areas.
__________(c) West Virginia's resorts and other recreational areas
derive the major portion of their economic well-being from
businesses catering to the recreational and personal needs of
persons traveling to or through the area.
__________(d) Better infrastructure and provision of essential services
to West Virginia's resorts and other recreational areas is likely
to increase visits to such areas, which will result in greater
economic development and job creation in such areas.
__________(e) This article is necessary for the public health, safety
and welfare and economic development of West Virginia's resorts and
other recreational areas.
§7-25-3. Definitions.
__________For purposes of this article:
__________(a) "Assessment" means the fee, including interest, paid by an
owner of real property located within a resort area district to pay
for the cost of a project or projects constructed upon or
benefitting or protecting such property and administrative expenses
thereto, which fee is in addition to all taxes and other fees
levied on the property.
__________(b) "Assessment bonds" means special obligation bonds or notes
issued by a resort area district which are payable from the
proceeds of assessments.
__________(c) "Board" means a resort area board created pursuant to this
article.
__________(d) "Code" means the Code of West Virginia, 1931, as amended
by the Legislature.
__________(e) "Cost" means the cost of:
__________(1) Providing services within a resort area district;
__________(2) Construction, reconstruction, renovation and acquisition
of all lands, structures, real or personal property, rights,
rights-of-way, franchises, easements and interests acquired or to
be acquired by a resort area district;
__________(3) All machinery and equipment, including machinery and
equipment needed to provide, expand or enhance services to a resort
area district;
__________(4) Financing charges and interest prior to and during
construction and, if deemed advisable by a resort area district,
for a limited period after completion of construction;
__________(5) Interest and reserves for principal and interest,
including costs of bond insurance and any other type of financial
guarantee;
__________(6) Costs of issuance in connection with the issuance of
assessment bonds or resort service fee bonds;
__________(7) The design of extensions, enlargements, additions and
improvements to the facilities of a resort area district;
__________(8) Architectural, engineering, financial and legal services;
__________(9) Plans, specifications, studies, surveys and estimates of
costs and revenues;
__________(10) Administrative expenses necessary or incident to any
project or service; and
__________(11)_Other expenses as may be necessary or incident to the
provision of services or the construction, acquisition and
financing of a project.
__________(f) "Governing body" means the county commission of a county.
__________(g) "Governmental agency" means the state government or any
agency, department, division or unit thereof; counties;
municipalities; any watershed enhancement districts, soil
conservation districts, sanitary districts, public service
districts, drainage districts, school districts, urban renewal authorities or regional governmental authorities established
pursuant to this code.
__________(h) "Landowner" or "owner of real property" means the person
or persons holding an interest in the record fee title to one or
more parcels of real property, including residential, improved real
property and unimproved, developable real property, or of units
within a multiunit property, including condominiums and townhouses,
within a resort area district or a proposed resort area district:
Provided, That the holder or holders of a deed of trust shall not
be considered a landowner or owner of real property.
__________(i) "Parcel" shall mean:
__________(1) A lot or parcel of real property as set forth on a plat
covering such real property, or, in the event no plat exists, as
set forth on the tax maps of a county; or
__________(2) A unit within a multiunit property.
__________(j) "Person" means an individual, firm, partnership,
corporation, limited liability company, voluntary association or
any other type of entity.
__________(k) "Project" means the design, construction, reconstruction,
establishment, acquisition, improvement, renovation, extension,
enlargement, equipping, maintenance, repair (including
replacements) and start-up operation of public buildings, culverts,
streets, bridges (including approaches, causeways, viaducts,
underpasses and connecting roadways), motor vehicle parking facilities (including parking lots, buildings, ramps, curb-line
parking, meters and other facilities deemed necessary, appropriate,
useful, convenient or incidental to the regulation, control and
parking of motor vehicles), public transportation, public
recreation centers, public recreation parks, bicycle paths and
trails, hiking paths and trails, landscaping, swimming pools,
tennis courts, golf courses, skating rinks, equine facilities,
motor vehicle competition and recreational facilities, flood
protection or relief projects, or the grading, regrading, paving,
repaving, surfacing, resurfacing, curbing, recurbing, widening,
lighting or otherwise improving any street, avenue, road, highway,
alley or way, or the building or renewing of sidewalks and flood
protection; and the term shall mean and include any project as a
whole, and all integral parts thereof, including all necessary,
appropriate, useful, convenient or incidental appurtenances and
equipment in connection with any one or more of the above:
Provided, That a project shall not include a ski lift or ski slope.
__________(l) "Purchase price" means the measure subject to the resort
service fee authorized to be imposed by this article and has the
same meaning as sales price. For purposes of this article, the
purchase price of a good or service shall not include the taxes
levied under articles fifteen or fifteen-a of chapter eleven of
this code or any other provision of law.
__________(m) "Ranger" means a resort area ranger.
__________(n) "Resort area" means an area that:
__________(1) Is an unincorporated area with a contiguous geographic
boundary within one county that has been defined by the process set
forth in this article;
__________(2) Has a permanent population of less than two thousand
people, according to the most recent federal census;
__________(3) Derives the major portion of its economic well-being from
businesses catering to the recreational and personal needs of
persons traveling to or through the area;
__________(4) Is a destination location containing each of the
following:
__________(i) Residential, improved real property;
__________(ii) One or more resort operators;
__________(iii) Commercial business properties such as retail stores,
restaurants and hotels or other lodging accommodations; and
__________(iv) Unimproved real property which remains developable;
__________(5) Does not include real property primarily used for
manufacturing, milling, converting, producing, processing or
fabricating materials, generating electricity or the extraction or
processing of minerals.
__________(o) "Resort area district" or "district" means a resort area
district created pursuant to this article.
__________(p) "Resort operator" means any person owning and operating
the primary outdoor recreational facilities in a resort area and offering outdoor recreational services such as skiing, golf or
boating to the general public.
__________(q) "Resort service fee" means the fee imposed on the purchase
price of goods and services sold within a resort area district by
any of the following establishments:
__________(1) Hotels, motels, campgrounds, lodges and other lodging or
camping facilities;
__________(2) Restaurants, fast-food stores, and other food service
establishments selling prepared foods;
__________(3) Taverns, bars, nightclubs, lounges and other public
establishments that serve beer, wine, liquor or other alcoholic
beverages by the drink;
__________(4) Retail establishments;
__________(5) Entertainment facilities, including, but not limited to,
theaters, amphitheaters, halls and stadiums; and
__________(6) Recreational facilities and activities, including, but not
limited to, ski resorts, golf courses, water sports, rafting,
canoeing, kayaking, rock climbing and zip lines.
__________(r) "Resort service fee bonds" means special obligation bonds
or notes issued by a resort area district which are payable from
the proceeds of resort service fees.
__________(s) "Service" includes, but is not limited to, snow removal;
operation and maintenance of public transportation; maintenance,
upgrade and beautification of public common areas; maintenance and repair of roads and sidewalks; providing for the collection and
disposal of garbage and other refuse matter; recycling; operation,
upgrade and maintenance of any projects or improvements; and any
other public service authorized by this article. For purposes of
this article, a common area shall not include a ski slope.
__________(t) "Sheriff" means the sheriff of the county in which a
resort area district is located.
§7-25-4. Power and authority of county commissions to create and
establish resort area districts.
__________(a) Every county is hereby empowered and authorized, in
addition to any other rights, powers and authority conferred upon
it elsewhere in this code, to create, modify and expand resort area
districts within that county in the manner hereinafter set forth
and to assist in the provision of services and development,
construction, acquisition, extension or improvement of a project or
projects located within a resort area district.
__________(b) Unless agreed to by each affected municipality, the power
and authority hereby conferred on a county shall not extend into
territory within the boundaries of any municipality: Provided,
That notwithstanding any provision in this code to the contrary,
the power and authority hereby conferred on counties may extend
within the territory of a public service district created under
section two, article thirteen-a, chapter sixteen of this code.
§7-25-5. Petition for creation or expansion of resort area district; petition requirements.
_____(a) The owners of at least sixty-one percent of the real
property, determined by acreage, located within the boundaries of
the resort area described in the petition, by metes and bounds or
otherwise in a manner sufficient to describe the area, may petition
a governing body to create or expand a resort area district.
_____(b) The petition for the creation or expansion of a resort
area district shall include, where applicable, the following:
_____(1) The proposed name and proposed boundaries of such district
and a list of the names and addresses of all owners of real
property within the proposed district;
_____(2) A description of proposed projects and services to be
provided within the district;
_____(3) A map showing the proposed resort area to be included in
the resort area district;
_____(4) A list of estimated project and service costs;
_____(5) A feasibility or consultant study concerning the formation
of the proposed district and the funds to be generated by the
implementation of a resort service fee and indicating that the
proposed resort service fee will provide sufficient revenue for
proposed services and projects;
_____(6) The proposed rate or rates, not to exceed five percent of
the purchase price, of the resort service fee and the proposed
classes of goods and services to which each rate shall apply;
_____(7) The proposed effective date of the resort service fee;
_____(8) A certification from the State Tax Commissioner of the
amount of consumers sales and service taxes collected from
businesses located in the proposed district during the most recent
twelve calendar month period for which such data is available that
precedes the calendar quarter during which the petition will be
submitted to the governing body;
_____(9) A development schedule; and
_____(10) A statement of the benefits that can be expected from the
creation of the district.
_____(c) Within sixty days of the submission of a petition for the
creation of a resort area district, the governing body shall by
order determine the completeness of the petition. If the governing
body determines that the petition is complete, it shall set a date
for the public meeting required under section six of this article
and shall cause the petition to be filed with the clerk of the
governing body and be made available for inspection by interested
persons before the meeting. If the governing body determines that
such petition is not complete, the petition shall be returned to
the petitioners with a statement of additional information required
for such petition to be complete.
§7-25-6. Notice to property owners before creation or expansion of
resort area district; form of notice; affidavit of
publication.
_____(a) Before the adoption of an order creating a resort area
district, the governing body shall cause notice to be given to the
owners of real property located within the proposed resort area
district that such order will be considered for adoption at a
public meeting of the governing body at a date, time and place
named in the notice and that all persons at that meeting, or any
adjournment thereof, shall be given an opportunity to protest or be
heard concerning the adoption or rejection of the order. At or
after the meeting the governing body may amend, revise or otherwise
modify the information in the petition for formation or expansion
of a resort area district as it may deem appropriate after taking
into account any comments received at such meeting.
_____(b) A resort area district may not be created by a governing
body if, at the public meeting required by this section, written
protest is filed by at least twenty-five percent of the owners of
real property proposed to be included within the district. In the
event of a such protest, the petition for the creation of the
resort area district may not be resubmitted to the governing body
for a period of at least one year from the date of the original
submission.
_____(c) At least sixty days prior to the date of the meeting the
notice required by this section shall, using reasonable efforts, be
mailed to each owner of real property to be included in the
proposed resort area district as provided in subsection (g) of this section, posted in multiple, conspicuous public locations within
such proposed district and published 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 such
publication shall be the county in which the proposed resort area
district is located. The notice shall be in the form of, or
substantially in the form of, the following notice:
_____"NOTICE TO ALL PERSONS OWNING PROPERTY LOCATED WITHIN ??????
(here describe the boundaries of the proposed resort area district)
IN THE COUNTY OF ????? (name of county):
_____A petition has been presented to the county commission of the
County of ????? (name of county) requesting establishment of a
resort area district and authorization of a resort service fee
under article eight, chapter five-b of the code of West Virginia,
1931, as amended, to ????? (describe potential projects and/or
services to be provided) in the county of ????? (name of county) as
the county commission may deem proper. A copy of the petition is
available in the office of the clerk of the county commission of
the County of ?????? (name of county) for review by the public
during regular office hours.
_____The petition to create a resort area district will be considered by the county commission at a public meeting to be held
on the ?? day of ??????, ???????, at ? m. at ?????????????? Any
owner of real property whose property may be affected by the
creation of the above-described resort area district, and any owner
of real property whose property is not located within said resort
area district but wishes his or her property to be included, will
be given an opportunity, under oath, to protest or be heard at said
meeting or any adjournment thereof:
??????????? (name of clerk)
_____(d) An affidavit of publication of the notice made by
newspaper publisher, or a person authorized to do so on behalf of
such publisher, and a copy of the notice shall be made part of the
minutes of the governing body and spread on its records of the
meeting described in the notice. The service of said notice upon
all persons owning any interest in any real property located within
the proposed resort area district shall conclusively be deemed to
have been given upon completion of mailing as provided in
subsection (g) of this section and such newspaper publication.
_____(e) The petitioners shall bear the expense of publication of
the notice, the meeting and the mailing of the proposed order, as
requested by subsection (f) of this section.
_____(f) After the public meeting and before the governing body may
adopt an order creating a resort area district, the governing body
shall, using reasonable efforts, mail a true copy of the proposed order creating the resort area district to the owners of real
property in the proposed district as provided in subsection (g) of
this section and shall post copies of such proposed order in
multiple, conspicuous public locations within such proposed
district. Unless waived in writing, any petitioning owner of real
property shall have thirty days from mailing of the proposed order
in which to withdraw his or her signature from the petition in
writing prior to the vote of the governing body on such order. If
any signatures on the petition are so withdrawn, the governing body
may adopt the proposed order only upon certification by the
petitioners that the petition otherwise continues to meet the
requirements of this article. If all petitioning owners of real
property waive the right to withdraw their signatures from the
petition, then the governing body may immediately adopt the order.
_____(g) For purposes of the mailing of each notice to owners of
real property required by this section, reasonable efforts shall be
made to mail such notice to all owners of real property proposed to
be included within such resort area district using the real
property tax records and land books of the county in which such
proposed district is located and any lists maintained by a resort
operator or homeowners association within such proposed district.
Such notice shall be also mailed to each president of a homeowners
association, if any, located within a proposed district which has
registered with a resort operator to receive such information. Immaterial defects in the mailing of such notices shall not affect
the validity of such notices.
§7-25-7. Creation of resort area district; resort area district to
be a public corporation and political subdivision.
_____(a) Each resort area district shall be created by adoption of
an order by the governing body.
_____(b) From and after the date of the adoption of the order
creating a resort area district, it shall thereafter be a public
corporation and political subdivision of the state, but without any
power to levy or collect ad valorem taxes.
§7-25-8. Powers of resort area district.
_____Each resort area district may:
_____(a) Have and use a corporate seal, and alter the same;
_____(b) Sue and be sued, and be a party to suits, actions and
proceedings;
_____(c) Purchase insurance;
_____(d) Enter into agreements, contracts or other transactions
with any person or governmental agency necessary or incident to the
provision of services or the development, planning, construction,
acquisition or improvement of a project or for the operation,
maintenance or disposition of a project or for any other services
required by a project, or to carry out any purposes of the
district;
_____(e) Establish a bank account or accounts in its name;
_____(f) Design, plan, finance, develop, construct, acquire,
extend, improve and complete a project or projects;
_____(g) Upon following the procedures set forth in this article,
assess the cost of all or any portion of a project on real property
located within the resort area district;
_____(h) Accept from any public or private source appropriations,
grants, gifts, bequests, devises, loans, contributions and any
other benefits available for use in furtherance of district
purposes, and to use or dispose of the same to carry out district
purposes;
_____(i) Expend funds to pay the costs of providing services within
the district and to acquire, or construct part of a project on
property located within or outside of a district, and for any work
undertaken thereon, as may be necessary or incident to the
completion of a project;
_____(j) Enter into agreements with the county within which the
resort area district is located to plan, develop, construct,
acquire or improve a project jointly;
_____(k) Borrow money and incur indebtedness and other obligations
and evidence the same by certificates, notes or debentures;
_____(l) Raise funds by the issuance and sale of assessment bonds
and resort service fee bonds;
_____(m) Annually, on or before June 7, certify to the sheriff of
the county in which the property is located the assessments granted against all property in the district for inclusion in the tax
ticket;
_____(n) Charge interest and levy fines and penalties on unpaid
assessments;
_____(o) Create and enforce liens for unpaid assessments;
_____(p) Adopt bylaws not inconsistent with law;
_____(q) Implement, administer and collect a resort service fee for
the purpose of providing funds for the provision of services and to
design, plan, finance, develop, construct, acquire, extend, improve
and complete a project or projects within a resort area district;
_____(r) Acquire, own or hold, in its corporate name, real or
personal property, including easements and rights-of-way, by
purchase, lease, gift or otherwise, within or without a resort area
district for district purposes, as well as obtain options for the
acquisition of real property;
_____(s) Provide services necessary to protect the health and
welfare of residents in a resort area district and the value of
property therein and to enter into agreements with any governmental
agency, public or private agency, institution or person for the
furnishing of such services;
_____(t) Provide for the public safety, including the appointment
of resort area rangers;
_____(u) Provide for public recreation by means of parks,
including, but not limited to, playgrounds, golf courses, swimming pools, skating rinks or recreation buildings;
_____(v) Provide for the opening, widening, extending,
straightening and surfacing in whole, or in part of, any street and
snow removal or clearance for the same or other roads or streets;
_____(w) Provide for the construction and improvement of street
lights, bridges, culverts, curbs, gutters, drains and works
incidental to any street improvement; and
_____(x) Do any and all other things necessary to carry out the
purposes of this article and not in violation of the Constitution
of this state as may be necessary or incident to the provision of
services or the construction and completion of a project.
§7-25-9. Official name of resort area districts.
_____The official name of a resort area district created under the
provisions of this article may contain the name of the resort area
or county in which it is located.
§7-25-10. Resort area boards.
_____(a) The powers of each resort area district shall be vested in
and exercised by a resort area board which shall be composed of
seven members, the composition of which shall be as set forth in
subsection (b) of this section. Board members need not be
residents of the district or landowners, except where specifically
required otherwise. For purposes of this section, "residential,
improved real property" includes, but is not limited to,
condominium units, townhouses and single-family residences.
_____(b) The composition of a resort area board shall be as
follows:
_____(1) Three board members shall be owners of or representatives
of owners of residential, improved real property located within the
resort area district;
_____(2) Two board members shall be representatives of the resort
operator or operators located within the resort area district;
_____(3) One board member shall be an owner or a representative of
owners of commercial business property located within the resort
area district; and
_____(4) One board member shall be an owner or a representative of
owners of unimproved, developable real property located within the
resort area district.
_____(c) For purposes of this section, if a parcel of real property
is owned by one or more entities (such as a corporation, limited
liability companies, or other entity), then the following are also
eligible to serve on the board as an owner with respect to such
parcel: (1) Any person having an ultimate beneficial interest in
the parcel, whether directly or indirectly and regardless of the
number of intermediate ownership entities; and (2) any person
designated at the outset of the election as authorized, by an
owning entity, to serve on the board as an owner for that
particular parcel. Nothing in this provision, however, creates any
additional voting rights to the owners of a single parcel of real property, and each parcel of real property shall be entitled to
only one vote, regardless of the number of owners participating in
ownership of the parcel. Furthermore, nothing in this provision
authorizes the owners of real property of one type (such as the
resort operator, owners of residential improved real estate, or
owners of unimproved, developable real estate) to vote regarding a
board position reserved to another ownership category.
_____(d) The board members shall be elected for terms of four years
each and thereafter until their respective successors have been
elected and have been qualified, except, that of the board members
elected at the initial election meeting, two shall serve for a term
of two years, two shall serve for a term of three years and three
shall serve for a term of four years. At the first meeting of the
board, the board members shall determine by lot which of them shall
serve the terms less than four years. Each succeeding term is four
years. Board members may be reelected for any number of terms. In
the event a board member who is required to own real property
within the district to be eligible for such board position no
longer owns real property within the district, such member may
serve out the remainder of his or her term.
_____(e) Only owners of real property, including owners of
commercial business property, located within the district shall be
eligible to vote in elections for board members.
_____(f) Elections for board members shall be held in accordance with bylaws adopted by the board, but section eleven of this
article shall govern the initial election of board members. The
voting restrictions set forth in subsections (d) and (e) of section
eleven of this article shall apply to all board elections and may
not be altered.
_____(g) Before entering upon the performance of his or her duties,
each member shall take and subscribe to the oath required by
Section five, Article IV of the Constitution of this state.
Vacancies shall be filled by appointment by the board for the
unexpired term of the member whose office shall be vacant and such
appointment shall be made within thirty days of the occurrence of
such vacancy. Any such member may be removed by the board in case
of incompetency, neglect of duty, gross immorality or malfeasance
in office.
_____(h) The board shall organize within thirty days following the
first election of board members and annually thereafter at its
first meeting after January 1, of each year by selecting one of
its members to serve as chairman, one to serve as treasurer and one
to serve as secretary. The secretary, or his or her designee,
shall keep a record of all proceedings of the board which shall be
available for inspection as other public records and the Treasurer,
or his or her designee, shall maintain records of all financial
matters relating to the resort area district, which shall also be
made available for inspection as other public records. The secretary and treasurer shall perform such other duties pertaining
to the affairs of the resort area district as shall be prescribed
by the board.
_____(i) The initial board shall adopt bylaws for the district;
Provided, That the adoption of such bylaws and any subsequent
amendments thereto shall require approval by six sevenths of the
board.
_____(j) The members of the board, and the chairman, secretary and
treasurer thereof, shall make available, at all reasonable times
and upon reasonable notice, all of its books and records pertaining
to the resort area district's operation, finances and affairs for
inspection and audit. The board shall meet at least semiannually.
_____(k) A majority of the members of the board constitutes a
quorum and meetings shall be held at the call of the chairman.
_____(l) Staff, office facilities and costs of operation of the
board may be provided by the county which created the resort area
district or by contract and said costs of operations shall be
funded from resort service fees collected within the district or
any other source.
_____(m) The chairman shall preside at all meetings of the board
and shall vote as any other members of the board, but if he or she
should be absent from any meeting the remaining members may select
a temporary chairman, and if the member selected as chairman
resigns as chairman or ceases for any reason to be a member of the board, the board shall select one of its members to serve as
chairman until the next annual organizational meeting.
_____(n) The board shall, by resolution, determine its own rules of
procedure, fix the time and place of its meetings and the manner in
which special meeting may be called. The members of the board
shall not be personally liable or responsible for any obligations
of the resort area district or the board but are answerable only
for willful misconduct in the performance of their duties.
_____(o) The members of the board shall serve without compensation
but shall receive reimbursement for actual and necessary expenses
incurred in connection with the performance of their duties.
_____(p) Every board member who handles public funds or property,
and every other officer or employee of a resort area district of
whom it shall be required, shall, unless otherwise provided by law,
give bond, with good security, to be approved by the board, and in
such penalty as such board, conditioned upon the faithful discharge
of the duties of his or her office or employment and the faithful
accounting for and paying over, as required by law, of any funds or
property coming into his or her possession.
§7-25-11. Election procedure for initial members of resort area
board.
_____(a) Within ninety days of the adoption of the order creating
the resort area district, a public meeting shall be held at which
elections for the initial members of the board shall be held. Such meeting shall be held at a location within the district not less
than twenty days after the publication of the notice required by
subsection (b) of this section.
_____(b) Prior to the meeting required by this section, the
petitioners for the creation of the resort area district shall,
using reasonable efforts, cause notice of the initial election
meeting to be given to all owners of real property, including
owners of commercial business property, located within the
district. Such notice shall be mailed to each owner of real
property included in the resort area district as provided in
subsection (h) of this section, posted in multiple, conspicuous
public locations within such district and published at least thirty
days prior to the date of the meeting 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 such
publication shall be the resort area district. The notice shall
provide, at a minimum, the following information:
_____(1) The purpose of the meeting;
_____(2) Descriptions of the board positions;
_____(3) A statement that only owners of real property, including
owners of commercial business property, located within the district
are eligible to vote in such election;
_____(4) The location of the meeting; and
_____(5) The date and time of the meeting.
_____(c) At the meeting required by this section, nominations shall
be made for each board position. Persons nominated for board
positions shall meet the criteria provided for each board position
as set forth in subsection (b), section ten of this article.
Nominations shall be made for each board position in the following
manner:
_____(1) Only owners of residential, improved real property located
within the resort area district may nominate persons for the three
board positions provided for owners of or representatives of owners
of residential, improved real property located within the resort
area district;
_____(2) Only representatives of the resort operator or resort
operators may nominate persons for the two board positions provided
for representatives of the resort operator or resort operators
located within the resort area district;
_____(3) Only owners of commercial business property located within
the resort area district may nominate persons for the board
position provided for an owner of or a representative of owners of
commercial business property located within the resort area
district; and
_____(4) Only owners of unimproved, developable real property
located within the resort area district may nominate persons for
the board position provided for an owner of or a representative of
owners of unimproved, developable real property located within the resort area district.
_____(d) Following board member nominations, a vote shall be taken
by written ballot for board members to be elected. Voting shall
occur in the following manner:
_____(1) Only owners of residential, improved real property located
within the resort area district may vote for the three board
positions provided for owners of or representatives of owners of
residential, improved real property located within the resort area
district. Each owner is entitled to one vote per unit or parcel of
residential, improved real property he or she owns;
_____(2) Only a representative of each resort operator may vote for
the two board positions provided for representatives of the resort
operator or resort operators located within the resort area
district;
_____(3) Only owners of commercial business property located within
the resort area district may vote for the board position provided
for an owner of or a representative of owners of commercial
business property located within the resort area district. Each
owner is entitled to one vote per unit of commercial business
property he or she owns; and
_____(4) Only owners of unimproved, developable real property
located within the resort area may vote for the board position
provided for an owner of or a representative of owners of
unimproved, developable real property located within the resort area district. Each owner is entitled to one vote per parcel of
unimproved, developable real property that he or she owns.
_____(e) For purposes of voting:
_____(1) The owners of each parcel or unit of real property are
entitled one vote, irrespective of the number of owners of such
parcel or unity;
_____(2) Fractional voting shall not be permitted; and
_____(3) The vote pertaining to a parcel or unit shall be cast in
accordance with the direction of the person or persons holding the
majority interest in such parcel or unit, and in the event there is
no majority, such vote shall be forfeited.
_____(f) Each board member shall be elected by a majority of the
votes cast for such board position.
_____(g) The petitioners for the creation of the resort area
district shall be responsible for the costs of the initial election
and meeting required by this section.
_____(h) For purposes of the mailing of notice to owners of real
property required by this section, reasonable efforts shall be made
to mail such notice to all owners of real property included within
such resort area district using the real property tax records and
land books of the county in which such district is located and any
lists maintained by a resort operator or homeowners association
within such district. Such notice shall be also mailed to each
president of a homeowners association, if any, located within a district which has registered with a resort operator to receive
such information. Immaterial defects in the mailing of such
notices shall not affect the validity of such notices.
§7-25-12. Resort area districts authorized to levy resort service
fee; procedure for implementation and cessation of
resort service fee; abstract and notice of
implementing resolution; rate of resort service fee;
permissible uses; limitations on imposition.
_____(a) Resort area districts are hereby authorized to impose a
resort service fee within such district by following the procedures
set forth in this section.
_____(b) No resort service fee shall be implemented within a resort
area district without approval by six sevenths of the board. If six
sevenths of the board has approved the implementation of a resort
service fee, the board shall adopt a resolution specifying the
following:
_____(1) The rate or rates of the resort service fee and the
classes of goods and services to which each rate shall apply;
_____(2) The services and projects authorized to be funded from the
proceeds of the resort service fee; and
_____(3) The effective date of the resort service fee: Provided,
That the resort service fee shall not take effect less than ninety
days following the adoption of the resolution.
_____(c) A board may repeal the resolution authorizing
implementation of a resort service fee upon approval by six
sevenths of the board: Provided, That such resolution may not be
repealed if a district has outstanding resort service fee bonds and
the terms of such bonds restrict the repeal of such resolution.
_____(d) After the adoption of a resolution regarding
implementation of a resort service fee, an abstract of such
resolution, determined by the board to contain sufficient
information as to give notice of the contents of such resolution,
and notice that such resolution has been adopted shall be posted in
multiple, conspicuous public locations within such district and
published 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 such publication shall be the resort area
district.
_____(e) The rate of a resort service fee shall not exceed five
percent of the purchase price of the goods or services upon which
the resort service fee is levied: Provided, That a district may
impose the resort service fee at a rate less than five percent.
_____(f) A resort area district may levy a resort service fee at
different rates upon different classes of goods and services.
_____(g) The proceeds generated by a resort service fee shall
solely be used for:
_____(1) Paying all or a portion of the costs of providing a service or services within the district; or
_____(2) Paying all or a portion of the costs of a project or
projects, including payment of debt service on resort service fee
bonds;
_____(3) However, a minimum of twenty-five percent of all service
fees shall be placed in a reserve account and shall not be used
except in compliance with the bylaws.
_____(h) A resort service fee shall not be imposed upon goods and
services sold for resale.
§7-25-13. Resort service fee administration.
_____(a) Not less than thirty days prior to the date that the
resort service fee becomes effective, the board shall adopt an
administrative resolution governing the collection and reporting of
the resort service fee. This administrative resolution may be
amended at any time as may be necessary to effectively administer
the resort service fee.
_____(b) The administrative resolution shall specify:
_____(1) The time that the resort service fees collected by
businesses are to be remitted to the district;
_____(2) The office, officer or employee of the district
responsible for collecting and accounting for the resort service
fee receipts;
_____(3) The office, officer or employee of the district
responsible for enforcing collection of resort service fees and the methods and procedures to be used in enforcing the collection of
resort service fees due; and
_____(4) The penalties for failure to report resort service fees
due, failure to remit resort service fees due and violation of the
administrative resolution.
_____(c) The administrative resolution may include:
_____(1) Further clarification and specificity in the categories of
goods and services that are subject to the resort service fee
consistent with subdivision (q), section three of this article; and
_____(2) Other administrative details necessary for the efficient
and effective administration of the resort service fee.
§7-25-14. Implementation and provision of services within resort
area district; adoption of annual budget.
_____(a) Upon the creation of a resort area district and
organization of its board, a resort area district may provide for
the provision of services by the adoption of a resolution.
_____(b) A resolution providing for the provision of services shall
set forth:
_____(1) The services to be offered;
_____(2) The sources of funding for such services; and
_____(3) All other information necessary for the administration of
providing such services.
_____(c) A resolution providing for the provision of services may
be amended from time to time, as deemed necessary by the board.
_____(d) Services to be offered by a resort area district shall not
be inconsistent with those permitted under the bylaws of the
district or this article and shall not include the operation or
maintenance of a ski slope or ski lift.
_____(e) The board shall adopt an annual budget for the district
each year. Such budget shall require approval by six sevenths of
the board to be adopted.
§7-25-15. Authorization to implement assessments for projects;
procedures for implementing assessments; by-laws to
provide additional procedures for implementation of
assessments; notice to property owners before
implementation of assessments for projects; affidavit
of publication.
_____(a) An assessment for a project within a resort area district
shall be authorized by the adoption of a resolution by the board.
A resolution authorizing an assessment shall only be adopted after
following the procedures set forth in this section.
_____(b) The bylaws of a district:
_____(1) Shall provide the procedures not addressed in this section
for the implementation of an assessment to pay the costs of a
project: Provided, That such procedures must be consistent with
constitutional standards and all other laws and regulations of this
state.
_____(2) May provide for the maximum amount of assessments which
may be levied against a parcel of real property within the
district.
_____(c) Fifty-one percent or more of the owners of real property
to be benefitted by a project may petition the board to implement
an assessment to pay the costs of such project. A board may on its
own initiative propose an assessment to pay the costs of a project
upon approval by six sevenths of the board.
_____(d) Upon following the procedures provided in this section and
a resort area district's bylaws for the implementation of an
assessment to pay the costs of a project, the board may, after
giving notice to all real property owners and holding a public
meeting as required by this section, adopt a resolution authorizing
such assessment to pay the costs of a project upon approval by six
sevenths of the board.
_____(e) Before the adoption of a resolution authorizing an
assessment to pay the costs of a project, the board shall cause
notice to be given to the owners of real property located within
the resort area district that such resolution will be considered
for adoption at a public meeting of the board at a date, time and
place named in the notice and that all persons at that meeting, or
any adjournment thereof, shall be given an opportunity to protest
or be heard concerning the adoption or rejection of the resolution.
_____(f) An assessment shall not be authorized by the board if at the public meeting required by this section written protest is
filed by at least twenty-five percent of the owners of the real
property within the district to be benefitted by the proposed
project and subject to the assessment. In the event of such
protest, the proposed assessment in the same form may not be
reconsidered by a board for a period of at least one year from the
date of the public meeting.
_____(g) At least thirty days prior to the date of the public
meeting, the notice required by this section shall, using
reasonable efforts, be mailed to the owners of real property to be
assessed for a proposed project as provided in subsection (k) of
this section, posted in multiple, conspicuous public locations
within such district and published as a Class II legal
advertisement in compliance with the provisions of article three,
chapter fifty-nine of this code. The publication area for such
publication shall be the resort area district.
_____(h) An affidavit of publication of the notice made by
newspaper publisher, or a person authorized to do so on behalf of
such publisher, and a copy of the notice shall be made part of the
minutes of the board and spread on its records of the meeting
described in the notice. The service of said notice upon all
persons owning any interest in any real property located within the
resort area district shall conclusively be deemed to have been
given upon completion of mailing as provided in subsection (k) of this section and such newspaper publication.
_____(i) After the public meeting and before the board may adopt a
resolution authorizing implementation of assessments, the board
shall, using reasonable efforts, mail a true copy of the proposed
resolution authorizing implementation of an assessment to the
owners of real property in the resort area district as provided in
subsection (k) of this section.
_____(j) A board shall make available to the owners of real
property within the district a list of all owners of real property
within the district for the purposes of enabling such owners of
real property to solicit support for a petition proposing or a
protest against an assessment.
_____(k) For purposes of the mailing of each notice to owners of
real property required by this section, reasonable efforts shall be
made to mail such notice to all owners of real property required to
receive notice under this section using the real property tax
records and land books of the county in which such district is
located and any lists maintained by a resort operator or homeowners
association within such district. Such notice shall be also mailed
to each president of a homeowners association, if any, located
within a district which has registered with a resort operator to
receive such information. Immaterial defects in the mailing of
such notices shall not affect the validity of such notices.
§7-25-16. Provisions for construction of a project.
_____(a) Prior to beginning construction on a project, the board
shall provide by resolution for the construction of the project and
shall also provide in the same or subsequent resolutions for the
supervision of such work by a professional engineer, governmental
agency or any other person designated by the board. The board may
provide for the construction of the project by one of the two
following methods or any combination thereof:
_____(1) If there exists a governmental agency with the experience,
knowledge and authority to construct the project, the board may
elect to enter in a contract with such agency for the construction
of all, or a part of, the project or for any other service
necessary or incident to the construction of the project, in which
case such governmental agency shall be responsible for entering
into contracts, subject to the board's approval, with such other
persons as may be necessary or incident to the construction of the
project; or
_____(2) The board may elect to enter into one or more contracts
with such contractors and other persons as may be necessary or
incident to the construction of the project, in which case it shall
solicit competitive bids. All contracts for work on any project,
the expense of which will exceed $50,000, shall be awarded to the
lowest qualified responsible bidder who shall furnish a sufficient
performance and payment bond. The board may reject any and all
bids and if it rejects all bids, notices shall be published as original required before any other bids may be received. The board
may let portions of the work necessary to complete a project under
different contracts.
_____(b) The resolution described in subsection (a) of this section
shall also provide for payment of the cost of the project.
_____(c) Prior to the construction of the project, the board shall
obtain such permits and licenses required by law for the
construction and operation of the project.
_____(d) No project shall be undertaken by a district that includes
a ski slope or ski lift.
§7-25-17. Notice to property owners of assessments; correcting and
laying assessments; report on project completion.
_____(a) Prior to the issuance of assessment bonds or the levying
of any assessments, the board shall cause a report to be prepared
describing each lot or parcel of land located within the resort
area district to be assessed for the project and setting forth the
total cost of the project based on the contract with the
governmental agency, the accepted bid or bids, or a cost estimate
certified by a professional engineer, and all other costs incurred
prior to the commencement of construction and the future
administrative costs, and the respective amounts chargeable upon
each lot or parcel of land and the proper amount to be assessed
against the respective lots or parcels of land with a description
of the lots and parcels of land as to ownership and location. If two or more different kinds of projects are involved, the report
shall set forth the portion of the assessment attributable to each
respective project. The board shall thereupon give notice as
specified below to the owners of real property to be assessed that
on or after a date specified in the notice an assessment will be
deemed granted against the property. The notice shall state that
the owner of assessed property, or other interested party, may on
said date appear before the board to move the revision or
correction of the proposed assessment and shall show the total cost
of the project, whether the assessments will pay for all, or a part
of, the total cost of the project and the lots or parcels of
property to be assessed and the respective amounts to be assessed
against such lots or parcels, with a description of the respective
lots and parcels of land as to ownership and location. The notice
shall be mailed, using reasonable efforts, to the owners of real
property to be assessed for a proposed project as provided in
subsection (c) of this section, posted in multiple, conspicuous
public locations within such district and published 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 such publication is the resort area district. On or after the
date so advertised, the board may revise, amend, correct and verify
the report and proceed by resolution to establish the assessments
as corrected and verified and shall certify the same to the governing body which created the district.
_____(b) Upon completion of a project, the board shall prepare a
final report certifying the completion of the project and showing
the total cost of the project and whether the cost is greater or
less than the cost originally estimated. If the total cost of the
project is greater or less than the cost shown in the report
prepared prior to construction, the board may revise the assessment
charged on each lot or parcel of property pursuant to subsection
(a) of this section to reflect the total cost of the project as
completed, and in doing so shall, in the case of an assessment
increase only, follow the same procedure with regard to notice and
providing each owner of assessed property the right to appear
before the board to move for the revision or correction of such
proposed reassessment as required for the original assessment. If
the assessment is decreased, the board shall, by resolution and
written notice to the sheriff of the county in which the resort
area district is located, cause the next installment or
installments or assessments then due and payable by each affected
property owner to be reduced pro rata, and shall provide written
notice to such property owners of the amount of such decrease by
the deposit of such notice in the United States mail, postage
prepaid.
_____(c) For purposes of the mailing of each notice to owners of
real property required by this section, reasonable efforts shall be made to mail such notice to all owners of real property required to
receive notice under this section using the real property tax
records and land books of the county in which such district is
located and any lists maintained by a resort operator or homeowners
association within such district. Such notice shall be also mailed
to each president of a homeowners association, if any, located
within a district which has registered with a resort operator to
receive such information. Immaterial defects in the mailing of
such notices shall not affect the validity of such notices.
§7-25-18. Exemption of public property from assessments.
_____No lots or parcels of land owned or controlled by the United
States, this state, any municipality, county, county board of
education, resort area district or other public body shall be
subject to any assessments under this article.
§7-25-19. Assessment bonds and resort service fee bonds; sinking
fund for assessment bonds and resort service fee
bonds; tax exemption.
_____(a) For constructing and acquiring any project authorized by
this article the board of any such district is hereby authorized to
borrow money, from time to time, and in evidence thereof issue the
bonds of such district, payable from the proceeds of the
assessments or resort service fees granted under this article.
Such bonds shall be issued in one or more series, may bear such date or dates, may mature at such time or times not exceeding
thirty years from their respective dates, shall be fully registered
as to principal and interest in the name of the bondholder with a
certificate of authentication, may bear interest at such rate or
rates not exceeding eighteen percent per annum, may be payable at
such times, may be executed in such manner, may be payable at such
place or places, may be subject to such terms of redemption with or
without premium, may be declared or become due before maturity date
thereof, may be authenticated in any manner, and upon compliance of
such conditions, may contain such terms and covenants as provided
the resolution or resolutions of the board. All such bonds shall
be, and shall be treated as, negotiable instruments for all
purposes. Bonds bearing the signatures of officers and offices on
the dates of the signing thereof shall be valid and binding for all
purposes notwithstanding that before the delivery thereof any or
all such persons whose signatures appear thereon shall have ceased
to be such officers. Notwithstanding the requirements or
provisions of any other law, any such bonds may be negotiated or
sold in such manner at such time or times and at such price or
prices as is found by the board to be most advantageous. Any
resolution or resolutions providing for the issuance of such bonds
may contain covenants and restrictions upon the issuance of
additional bonds thereafter as may be deemed necessary or advisable
for the assurance of the payment of the bonds thereby authorized.
_____(b) At or before the time of issuance of any bonds under this
article, the board shall by resolution provide for the creation of
a sinking fund and for payments into such fund from the assessments
or resort service fees granted under this article in such amount as
may be sufficient to pay the accruing interest and retire the bonds
at or before the time each will respectively become due and to
establish or maintain reserves therefor. All sums which are or
should be, in accordance with such provisions, paid into such
sinking fund shall be used solely for the payment of interest and
for the retirement of such bonds at or prior to maturity as may be
provided or required by such resolution.
_____(c) The property, including leased property, of the resort
area district and bonds and any income or interest thereon issued
by the resort area district are exempt from taxation by the state
of West Virginia and other taxing bodies of the state.
§7-25-20. Indebtedness of resort area district.
_____No constitutional or statutory limitation with respect to the
nature or amount of or rate of interest on indebtedness which may
be incurred by municipalities, counties or other public or
governmental bodies shall apply to the indebtedness of a resort
area district. No indebtedness of any nature of a resort area
district shall constitute an indebtedness of any county creating
and establishing such district or a charge against any property of
said counties but shall be paid solely from the resort service fee or assessments which the resort area district is authorized to
impose on the owners of the property within the district by this
article. No indebtedness or obligation incurred by a resort area
district shall give any right against any member of the governing
body or any member of the board of a resort area district.
§7-25-21. Payment of assessments to sheriff; report to resort area
district; collection of delinquent assessments.
_____(a) The assessments authorized to be imposed pursuant to this
article will not be considered to be ad valorem taxes or the
equivalent of ad valorem taxes under any provision of this code:
Provided, That for the exclusive purposes of collection of the
assessments authorized to be imposed under this article and
enforcement of the assessment liens created by section twenty-two
of this article, the provisions of chapter eleven-a of this code
shall apply as if the assessments were taxes as that term is
defined in section one, article one of that chapter.
_____(b) The sheriff shall promptly deposit all assessments upon
receipt thereof in a segregated account established by the sheriff
for such purpose and shall maintain a record of the assessments so
received. Each month, the sheriff shall pay all moneys collected
for the resort area district into the district treasury or, if the
sheriff consents, to a trustee for the benefit of bondholders if
assessment bonds are issued by the resort area district.
_____(c) Payments to the resort area district shall be made in the time set forth in section fifteen, article one, chapter eleven-a of
this code and the sheriff shall be entitled to take a commission
for collection of the assessments on behalf of the resort area
district, as provided in section seventeen of said article.
_____(d) For each tax year, the sheriff will prepare and deliver to
the board of each resort area district located in the county, a
statement setting forth the aggregate amount of assessments
received for such district and the name of any property owner who
failed to pay the assessments due and payable for the period in
question. The report shall be due on or before August 1, of the
following year.
_____(e) The sheriff is authorized to collect delinquent
assessments and enforce the liens created in section twenty-two of
this article as if those assessments were delinquent real property
taxes and the taxes are tax liens using the enforcement tools
provided in articles two and three, chapter eleven-a of this code.
§7-25-22. Liens; recording notice of liens; priority; release of
lien; notice to future property owners.
_____(a) With the exception of property exempt from assessment
pursuant to section eighteen of this article, there shall be a lien
on all real property located within the resort area district for
the assessments imposed by section seventeen of this article, which
lien shall attach to those parcels made subject to the assessment
on the date specified in the notice to property owners. A notice of the liens of said assessments referring to the assessing
resolution and setting forth a list of the property assessed,
described respectively as to amounts of assessment, ownership and
location of the property, shall be certified, by the chairman and
secretary of the board, to the clerk of the county commission of
the county wherein the project is located. The county clerk shall
record the notice of such lien in the appropriate trust deed book
or other appropriate county lien book and index the same in the
name of each owner of real property assessed. From the date of an
assessment, the trustee, for the benefit of bondholders if
assessment bonds are issued by the resort area district, and/or the
district shall have such lien and shall be entitled to enforce the
same in its, his, her or their name to the extent of the amount,
including principal and interest and any penalty due for any
failure to pay an installment when due, of such assessments and
against the property to which the assessment applies, as to any
assessment not paid as and when due. The trustee or the district,
as an alternative to the enforcement provision set forth in section
twenty-one of this article, are granted all legal remedies as are
necessary to collect the assessment. Such assessments shall be and
constitute liens for the benefit of the resort area district or the
trustee, for the benefit of bondholders if assessment bonds are
issued by the resort area district, upon the respective lots and
parcels of land assessed and shall have priority over all other liens except to those for land taxes due the state, county and
municipality and except any liens for preexisting special
assessments provided under this code. If any assessment is revised
in accordance with this article, the lien created by this section
shall extend to the assessment so revised and shall have the same
priority as the priority of the lien created upon the laying of the
original assessment. Such assessments and interest thereon shall
be paid by the owners of the property assessed as and when the
installments are due. Following the payment in full of any
assessment bonds including any interest thereon, the chairman and
secretary of the board shall execute a release of all liens and
shall certify the same to county clerk for recordation.
_____(b) Following the grant of any assessment on property as
provided in this article, the seller of such property shall provide
reasonable disclosure to the buyer in the real estate contract that
an assessment has been granted on the property, the amount of the
assessment and the duration of the assessment.
§7-25-23. Resort Area Rangers.
_____(a) A board is hereby authorized to appoint bona fide
residents of this state to act as resort area rangers within its
respective resort area district upon any premises which are part of
said district, subject to the conditions and restrictions imposed
by this section.
_____(b) Before performing the duties of ranger, each appointed person shall qualify for the position of ranger in the same manner
as is required of county officers by the taking and filing of an
oath of office as required by section three, article one, chapter
six of this code and by posting an official bond as required by
section one, article two, chapter six of this code. To facilitate
the performance of the duties of a ranger, a ranger may carry a
firearm or other dangerous weapon while the ranger is on duty.
_____(c) It is the duty of any person appointed and qualified as a
ranger hereunder to preserve law and order on any premises which
are part of a resort area district and immediately adjacent public
lands. For this purpose, the ranger shall be considered to be a
law-enforcement officer in accordance with the provisions of
section one, article twenty-nine, chapter thirty of this code and,
as to offenses committed within those areas, have and may exercise
all the powers and authority and are subject to all the
requirements and responsibilities of a law-enforcement officer.
The assignment of rangers to the duties authorized by this section
may not supersede in any way the authority or duty of other peace
officers to preserve law and order on those premises.
_____(d) The salary of all rangers shall be paid by the board. The
board shall furnish each ranger with an official uniform to be worn
while on duty and shall furnish and require each ranger while on
duty to wear a shield with an appropriate inscription and to carry
credentials certifying the person's identity and authority as a ranger.
_____(e) The board at its pleasure may revoke the authority of any
ranger. The chairman of the board shall report the termination of
employment of a ranger by filing a notice to that effect in the
office of the clerk of the county in which the ranger's oath of
office was filed and in the case of a ranger licensed to carry a
firearm or other dangerous weapon, by notifying the clerk of the
circuit court of the county in which the license for the firearm or
other dangerous weapon was granted.
§7-25-24. Annual audit.
_____Each resort area district shall cause an audit of its books
and accounts to be made at least once each fiscal year by certified
public accountants, and the cost thereof may be defrayed as an
administrative cost.
§7-25-25. Liberal construction.
_____This article being necessary for the public health, safety and
welfare and economic development, it shall be liberally construed
to effectuate the purpose hereof.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
ARTICLE 29. LAW-ENFORCEMENT TRAINING AND CERTIFICATION.
§30-29-1. Definitions.
For the purposes of this article, unless a different meaning
clearly appears in the context:
(1) "Approved law-enforcement training academy" means any
training facility which is approved and authorized to conduct law-
enforcement training as provided in this article;
(2) "Chief executive" means the superintendent of the State
Police; the chief natural resources police officer of the Division
of Natural Resources; the sheriff of any West Virginia county; any
administrative deputy appointed by the chief natural resources
police officer of the Division of Natural Resources; or the chief
of any West Virginia municipal law-enforcement agency;
(3) "County" means the fifty-five major political subdivisions
of the state;
(4) "Exempt rank" means any noncommissioned or commissioned
rank of sergeant or above;
(5) "Governor's committee on crime, delinquency and
correction" or "Governor's committee" means the Governor's
committee on crime, delinquency and correction established as a
state planning agency pursuant to section one, article nine,
chapter fifteen of this code;
(6) "Law-enforcement officer" means any duly authorized member
of a law-enforcement agency who is authorized to maintain public
peace and order, prevent and detect crime, make arrests and enforce
the laws of the state or any county or municipality thereof, other
than parking ordinances, and includes those persons employed as
campus police officers at state institutions of higher education in accordance with the provisions of section five, article four,
chapter eighteen-b of this code, and persons employed by the Public
Service Commission as motor carrier inspectors and weight
enforcement officers charged with enforcing commercial motor
vehicle safety and weight restriction laws although those
institutions and agencies may not be considered law-enforcement
agencies. The term also includes those persons employed as rangers
by the Hatfield-McCoy Regional Recreation Authority in accordance
with the provisions of section six, article fourteen, chapter
twenty of this code,
or by resort area districts in accordance with
the provisions of section twenty-five, article twenty-five, chapter
seven of this code,
although neither the authority nor any resort
area district may not be considered a law-enforcement agency:
Provided, That the subject rangers shall pay the tuition and costs
of training. As used in this article, the term "law-enforcement
officer" does not apply to the chief executive of any West Virginia
law-enforcement agency or any watchman or special natural resources
police officer;
(7) "Law-enforcement official" means the duly appointed chief
administrator of a designated law-enforcement agency or a duly
authorized designee;
(8) "Municipality" means any incorporated town or city whose
boundaries lie within the geographic boundaries of the state;
(9) "Subcommittee" or "law-enforcement professional standards subcommittee" means the subcommittee of the Governor's committee on
crime, delinquency and correction created by section two of this
article; and
(10) "West Virginia law-enforcement agency" means any duly
authorized state, county or municipal organization employing one or
more persons whose responsibility is the enforcement of laws of the
state or any county or municipality thereof: Provided, That neither
the Hatfield-McCoy Regional Recreation Authority, the Public
Service Commission nor any state institution of higher education or
resort area district is a law-enforcement agency.
NOTE: The purpose of this bill is to authorize county
commissions to create resort area districts; provide for the
petition process for creation or expansion of resort area
districts; provide notice requirements for creation or expansion of
resort area districts; provide that resort area districts are
public corporations and political subdivisions; set forth powers of
resort area districts; authorize resort area districts to undertake
capital projects; authorize resort area districts to levy
assessments upon real property; authorize resort area districts to
borrow money and incur indebtedness; authorize resort area
districts to issue assessment bonds and resort service fee bonds;
authorize resort area districts to impose penalties for unpaid
assessments; authorize resort area districts to levy resort service
fee on purchases of certain goods and services; authorize resort
area districts to provide public services; authorize resort area
districts to provide for public safety and appoint resort area
rangers; provide for official name of resort area districts;
provide for creation of resort area boards; set forth powers and
certain procedures for resort area boards; provide for election of
resort area board members; provide election procedures for resort
area boards; require certain resort area board members to give
bond; provide notice requirements for resort area boards election;
provide procedures and notice requirements for resort service fee
implementation and administration; provide procedures for
implementing and providing services within resort area districts;
require adoption of budget annually; provide procedures for implementation of assessments; provide notice requirements for
assessments; provide procedures for construction of capital
projects; provide procedures for revision of assessments; exempt
public property from assessments; provide terms for assessment
bonds and resort service fee bonds; exempt assessment bonds and
resort service fee bonds from state taxation; provide that
indebtedness of resort area district to be paid solely from resort
service fee and assessments; provide procedure for payment of
assessments to sheriff; authorize sheriff to collect delinquent
assessments; provide for lien against property subject to
assessment and notice thereof; provide for appointment of resort
area rangers; authorize resort area rangers to exercise authority
of law-enforcement officers; require annual audit of resort area
districts; provide for liberal construction of article; and provide
that resort area rangers are considered law-enforcement officers
subject to the same training and requirements as other
law-enforcement officers.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.