Committee Substitute House Bill 4039 History

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HB4039 SUB


H. B. 4039

(By Delegates Varner and Ferro)

[Originating in the Committee on Government Organization]

(January 26, 2010)

A BILL to amend and reenact sections 1, 2, 3, 4, and 5, chapter 171, Acts of the Legislature, regular session, 1965, all relating to the Marshall County Park and Recreation Board; and permitting the Marshall County Commission to increase the board's membership.

Be it enacted by the Legislature of West Virginia:
That sections 1, 2, 3, 4 and 5 chapter 171, Acts of the Legislature, regular session, 1965, be amended and reenacted to read as follows:
Section 1. Marshall County Commission Authorized to Create a Park and Recreation Board.

The county court of Marshall County Commission is hereby authorized and empowered to, by order entered of record, to create and establish by order a park and recreation board, to be known as the "Marshall County Park and Recreation Board".
Sec. 2. Board a Body Corporate; Perpetual Existence; Right to Receive and Expend Moneys.

The board as created by the county court of Marshall county shall be is a public corporate board, with perpetual existence and a corporate seal. It shall have the power to The board may receive moneys from said county court the county commission out of general or special county funds, and to may expend the same for the purposes hereinafter enumerated in section five. It shall additionally have the power to The board may receive and expend for said purposes any gift, grant, donation, bequest or devise from sources other than the public funds of Marshall County.
§3. Members; Appointment; Term; Residency; Vacancy.
The board shall consist of at least five, but no more than nine members who shall be appointed by the county court of Marshall County Commission. The term of office of each board member of the board shall be is for four years and may continue to serve until their successors have been appointed and qualified. and said county court The Marshall County Commission shall by order fix the date on which the term of office of board membership shall commence. No one shall may be appointed a member of said the board who is not a bona fide resident of Marshall County. Any member of the board member who shall cease ceases to be a bona fide resident of said Marshall County shall thereby be is disqualified and his or her office shall become becomes vacant. When a vacancy occurs on said the board by reason of the change of residence, resignation, or death of a member, thereof said the county court Marshall County Commission shall appoint a successor who shall fill out to complete the unexpired term of such that member.
Sec. 4. Oath of Members; Election of Officers; Quorum; Place of Business.

After appointment, the members of the board shall qualify by taking and filing with the clerk of the county court of Marshall County Commission the oath prescribed by law for public officials. One of the members of the board shall be elected as president, another as vice president, and another as secretary. A majority of the board members shall constitute a quorum for the transaction of business. The board shall maintain an office at any place in said the county which it may designate.
Sec. 5. Contracts; Legal Actions; General Powers; Rules and Regulations.

The board shall have the right to may:
(1) Enter into contracts;
(2) to Bring any and all necessary legal actions; and,
(3) to Exercise all the necessary powers and authority to manage and control park and recreation areas in Marshall County, including the right to make rules and regulations concerning the management and control of such parks and recreation areas and to enforce any such those rules. and regulations so promulgated.
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