Senate Bill No. 245
(By Senators Bowman, Jenkins, McCabe, Minard, Plymale, Lanham,
Foster, Unger and Oliverio)
____________
[Introduced January 23, 2006; referred to the Committee
on Government Organization; and then to the Committee on
Finance.]
____________
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 and §7A-8-1,
all relating to
creating the Consolidated Local Government Act; stating legislative findings and definitions; authorizing municipal
consolidation, county consolidation and 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 and 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; 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-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
type of government that encompasses municipal consolidation, county
consolidation and 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 as
defined by the charter.
(6) "Municipal consolidation" and "consolidated municipality"
mean the consolidation of two or more municipalities, including
cities, towns and villages, as defined by the charter.
(7) "Principal city" means the municipality 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 has, but is not limited
to, all powers and privileges of a municipality for municipal
consolidation, a county for county consolidation and both a
municipality and a county for metro consolidation under the
Constitution and general laws of West Virginia.
(b) In addition, a consolidated local government has the
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 economic development and 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 may continue to exercise
its powers and privileges notwithstanding repeal or amendment of
any laws upon which the powers and privileges are based unless the
repeal or amendment is made applicable 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 government has the status of a municipality
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 does not limit 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.
(h) The intent of this chapter is to promote consolidation and
the provisions of this chapter shall be construed broadly to permit
consolidation.
§7A-2-2. Jurisdiction.
A consolidated local government has the power and jurisdiction
specified in its charter and otherwise provided by law.
§7A-2-3. Continued existence of laws.
Rules, ordinances, resolutions and other effects of law in
force within an affected municipality, county or 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, fire
districts, special taxing districts and public service districts
are not affected by consolidation under this chapter.
(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 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 twenty-five percent of the
qualified voters of each affected municipality for a municipal
consolidation, each affected county for a county consolidation or
each affected principal city and of the entire county exclusive of
the principal city for a metro consolidation; or
(2) A resolution by the governing body of
each affected
municipality for a municipal consolidation, each affected county
for a county consolidation or each affected principal city and
county for a metro consolidation
.
(b) The petition or resolution shall be submitted to the
county commission of the affected county for all types of
consolidation.
(c) Upon receipt, the county commission shall, within thirty
days, verify the petition or resolution and either oversee the
establishment of a charter review committee as provided in this
chapter or reject the petition or resolution for insufficiency.
(d) If the county commission rejects the petition or
resolution, 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 consists 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 continues 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 consists 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 continues 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 verifying the petition
or resolution proposing consolidation.
(b) A metro charter review committee consists 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) Two county commissioners or their designees from each
affected county appointed by their respective county commissions;
(3) If the principal city is located in two counties and one
is not participating in consolidation, then one county commissioner or his or her designee from the county not participating in
consolidation appointed by the county commission; 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) A metro charter review committee continues 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 shall:
(1) Elect officers from committee members;
(2) Adopt rules;
(3) Prepare a budget; and
(4) Conduct public hearings;
(c) A charter review committee may:
(1) Create subcommittees and working groups to include other
government officials and diverse representation of the public;
(2) Prepare a written charter;
(3) Employ staff;
(4) Contract with consultants;
(5) Work with agencies of affected local governments; and
(6) Engage in other activities necessary to facilitate the intent of this chapter.
(d) A majority of committee members is a quorum for
transaction of business and adopting the charter.
(e) Vacancies on the charter review committees shall be filled
in the same manner as provided for in this article.
§7A-3-6. Expenses of charter review committee.
Members of a charter review committee serve without
compensation, but are entitled to reimbursement 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
each affected municipality for a municipal
consolidation, each affected county for a county consolidation, and
each affected principal city and county for a metro consolidation
.
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 thirty 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 thirty days.
(d) The governing body of each affected municipality, county
and metro government 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 by 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 to include consideration of under represented areas
and minorities;
(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, role of constitutional
officers in new government, 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 efficient and timely transition of
specified services, functions and responsibilities from each
affected municipality, county and 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 after existing 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 of its
organizational meeting prior to finalizing its draft of the
proposed charter. The committee is authorized to hold additional
public hearings.
(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) After receiving 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 at the next primary or general election in accordance
with applicable election laws.
(b) The ballots for the election on consolidation shall be as
follows:
[ ] For (name of consolidated municipality)
[ ] Against (name of consolidated municipality)
§7A-5-4. Approval of municipal consolidation and charter.
If at least fifty-five percent of the qualified voters in each
of the affected municipalities approve consolidation, then
consolidation becomes effective pursuant to the charter.
§7A-5-5. Rejection of charter and reconsideration process.
(a) If fewer than fifty-five percent of the qualified voters
in any of the affected municipalities approve consolidation, then
the municipal charter review committee may reconvene for up to one
year 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 at the next primary or general election in
accordance with applicable election laws.
(c) The ballots for the election on the second proposed
charter shall be as follows:
[ ] For (name of consolidated municipality)
[ ] Against (name of consolidated municipality)
(d) If the second proposed charter is not approved by at least
fifty-five percent 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 at least fifty-five
percent 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 may request to join the
consolidated municipality by submitting:
(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, the governing body of the consolidated municipality
shall vote to accept or reject the municipality requesting to join.
(c) If the governing body of the consolidated municipality
votes to accept the municipality, then the municipality shall hold
an election on consolidation at the next primary or general
election in accordance with applicable election laws.
(d) The ballots for the election on consolidation shall be as
follows:
[ ] For (name of consolidated municipality)
[ ] Against (name of consolidated municipality)
(e) If at least fifty-five percent of the qualified voters in
the municipality approve consolidation, then consolidation becomes
effective pursuant to the charter.
(f) If consolidation is not approved by at least fifty-five
percent 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
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) After receiving 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 at
the next primary or general election in accordance with applicable
election laws.
(b) The ballots for the election on consolidation shall be as
follows:
[ ] For (name of consolidated county)
[ ] Against (name of consolidated county)
§7A-6-4. Approval of county consolidation and charter.
If at least fifty-five percent of the qualified voters in each
of the affected counties approve consolidation, then consolidation
becomes effective pursuant to the charter.
§7A-6-5. Rejection of charter and reconsideration process.
(a) If fewer than fifty-five percent of the qualified voters
in any of the affected counties approve consolidation, then the
county charter review committee may reconvene for up to one year 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
at the next primary or general election in accordance with
applicable election laws.
(c) The ballots for the election on the second proposed
charter shall be as follows:
[ ] For (name of consolidated county)
[ ] Against (name of consolidated county)
(d) If the second proposed charter is not approved by at least
fifty-five percent 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 at least fifty-five
percent 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.
(a) After a consolidated county has been in existence for at
least one year, a county may request to join the consolidated
county by submitting:
(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, the governing body of the consolidated county shall
vote to accept or reject the county requesting to join.
(c) If the governing body of the consolidated county votes to
accept the county, then the county shall hold an election on
consolidation at the next primary or general election in accordance with applicable election laws.
(d) The ballots for the election on consolidation shall be as
follows:
[ ] For (name of consolidated county)
[ ] Against (name of consolidated county)
(e) If at least fifty-five percent of the qualified voters in
the county approve the consolidation, then consolidation becomes
effective pursuant to the charter.
(f) If consolidation is not approved by at least fifty-five
percent 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 the affected county is responsible for
the expenses of holding an election on the question of
consolidation.
§7A-7-2. Notice for election.
(a) At least sixty days prior to the election on the question
of metro consolidation, the governing bodies of the principal city
and 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 metro consolidation, the governing body of the affected
county 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) After receiving the proposed charter from the metro
charter review committee, the governing body of the affected county
shall hold an election on the question of consolidation at the next
primary or general election in accordance with applicable election
laws.
(b) The ballots for the election on consolidation shall be as
follows:
[ ] For (name of metro government)
[ ] Against (name of metro government)
§7A-7-4. Approval of metro government and charter.
If at least fifty-five percent of the qualified voters in the
affected county approve consolidation, then metro government
becomes effective pursuant to the charter.
§7A-7-5. Rejection of charter and reconsideration process.
(a) If fewer than fifty-five percent of the qualified voters
in the affected county approve consolidation, then the metro
charter review committee may reconvene for up to one year to adopt
a second proposed charter.
(b) When the second proposed charter is adopted by the metro
charter review committee, then the governing body of the affected
county shall hold another election on the second proposed charter at the next primary or general election in accordance with
applicable election laws.
(c) The ballots for the election on the second proposed
charter shall be as follows:
[ ] For (name of metro government)
[ ] Against (name of metro government)
(d) If the second proposed charter is not approved by at least
fifty-five percent of the qualified voters in affected county, 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 remain
incorporated and continue to perform their functions as permitted
by law unless dissolved or consolidated pursuant to section eight
of this article.
§7A-7-7. Filing charter
.
After the charter has been approved by at least fifty-five
percent 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 municipality, county or metro government to metro government.
(a) After a metro government has been in existence for at
least one year, a municipality, county or metro government may
request to join the metro government by submitting:
(1) A petition signed by at least fifteen percent of the
qualified voters in the municipality, county or metro government;
or
(2) A resolution by the governing body of the municipality,
county or metro government.
(b) Within thirty days of receipt of the petition or
resolution, the governing body of the metro government shall vote
to accept or reject the municipality, county or metro government
requesting to join.
(c) If the governing body of the metro government votes to
accept the municipality, county or metro government, then the
municipality, county or metro government shall hold an election on
consolidation at the next primary or general election. 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)
[ ] Against the (name of metro government)
(e) If at least fifty-five percent of the qualified voters in
the municipality, county or metro government approve consolidation, then consolidation becomes effective pursuant to the charter.
(f) If consolidation is not approved by at least fifty-five
percent of the qualified voters of the municipality, county or
metro government, then the consolidation is defeated and cannot be
voted upon for one year.
(g) Within thirty days of the acceptance by the metro
government of the municipality, county or metro government joining
the metro government, a petition may be signed by at least ten
percent of the qualified voters of the metro government and filed
with its governing body rejecting the municipality, county or metro
government. The government shall then submit the question of
whether the municipality, county or metro government should be
permitted to join the metro government to the voters at the next
primary or general election. If a majority of the qualified voters
in the metro government approves the consolidation, then the
consolidation becomes effective as permitted by the charter.
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
may submit a proposed amendment by resolution to the voters at the
next primary or general election. If a majority of the qualified
voters in the consolidated local government approves the amendment, then the amendment becomes effective as permitted by law;
(2) The governing body of the consolidated local government
may amend the charter by ordinance. However, if a petition signed
by at least ten percent of the qualified voters of the consolidated
local government is filed with the governing body within thirty
days following publication of the ordinance, the governing body
shall submit the charter amendment to the voters at the next
primary or general election. If a majority of the qualified voters
in the consolidated local government approves the amendment, then
the amendment becomes effective as permitted by law; 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, then the governing body shall submit the
proposed amendment to the voters at the next primary or general
election. If a majority of the qualified voters in the
consolidated local government approves the amendment, then the
amendment becomes effective as permitted by law.
(b) If an election is held, then the governing body shall
submit each proposed amendment generally in 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.
NOTE: The purpose of this bill is to enable local governments
to consolidate. It establishes processes for municipalities to
consolidate, for counties to consolidate and for a county to
consolidate with its principal city to form a metro government.
This chapter is new; therefore, strike-throughs and
underscoring have been omitted.
This bill was recommended for introduction and passage during
the 2006 legislative session by the Joint Committee on Government
Organization.