H. B. 4312

          (By Delegates Manchin, Lawrence, Cann, Doyle,

             Longstreth, Morgan, Stephens and Varner)

         [Introduced January 26, 2012; referred to the

         Committee on Political Subdivisions then the Judiciary.]

A BILL to amend and reenact §8-11-3, of the Code of West Virginia, 1931 as amended, relating to municipalities; enactment of ordinances; and removing the requirement that a municipality must pass an ordinance to adopt a contract with another jurisdiction.

Be it enacted by the Legislature of West Virginia:

    That §8-11-3, of the Code of West Virginia, 1931 as amended, be amended and reenacted to read as follows:

ARTICLE 11. POWERS AND DUTIES WITH RESPECT TO ORDINANCES AND ORDINANCE PROCEDURES.

§8-11-3. Cases requiring enactment of ordinance.

    In the following enumerated cases, the action of a governing body shall, except where otherwise provided in this code, be by ordinance:

    (1) Levying taxes or providing for the collection of fees of any kind;

    (2) Requiring a license to do business;

    (3) Relating to offenses and penalties;

    (4) Authorizing the issuance of bonds or other forms of indebtedness;

    (5) Providing for a public improvement;

    (6) Providing for the purchase of private property by the municipality or for the sale of property belonging to the municipality;

    (7) Laying out or vacating a public street, avenue, road, alley or way;

    (8) Relating to planning and zoning;

    (9) Granting franchises to public utilities; and

    (10) Providing for a contractual or other agreement with another jurisdiction; and

    (11)(10) Relating to such other matters as the charter may require.

    The action of a governing body shall also be by ordinance in any other case in which an ordinance is required by the provisions of this code.

    NOTE: The purpose of the bill is remove the requirement that a municipality must pass an ordinance to adopt a contract with another jurisdiction.

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