ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 3004
(By Delegates Morgan, Reynolds, Craig, Sobonya, Miller, C.,
Perdue and Stephens)
[Passed March 11, 2011; in effect from passage.]]
AN ACT to repeal sections 2a, 11, 12 and 13 of chapter 26 of the
Acts of the Legislature, regular session, 1925 (municipal
charters), section 12 of which was amended by chapter 132,
Acts of the Legislature, regular session, 1972; to repeal
section 6a of chapter 194, Acts of the Legislature, regular
session, 1983, as amended by chapter 110 of the Acts of the
Legislature, regular session, 2003; and to amend and reenact
sections 1, 2, 3, 4, 5, 6, 7, 8 and 9 of chapter 26 of the
Acts of the Legislature, regular session, 1925 (municipal
charters), section 10 of which was amended by chapter 122 of
the Acts of the Legislature, regular session, 1933, sections
1, 5, 6 and 9 of which were amended by chapter 194, Acts of
the Legislature, regular session, 1983, section 8 of which was
amended by chapter 175, Acts of the Legislature, regular
session, 1991, sections 2, 3, and 4 of which were amended by
chapter 110, Acts of the Legislature, regular session, 2003, and section 7 of which was amended by chapter 131, Acts of the
Legislature, regular session, 2005, all relating to the
Greater Huntington Park and Recreation District; requiring a
public hearing when the comprehensive plan is updated;
requiring that persons employed as park rangers meet certain
law-enforcement qualifications; and making technical
corrections.
Be it enacted by the Legislature of West Virginia:
That sections 2a, 11, 12 and 13 of chapter 26 of the Acts of
the Legislature, regular session, 1925 (municipal charters),
section 12 of which was amended by chapter 132, Acts of the
Legislature, regular session, 1972, be repealed; that section 6a of
chapter 194, Acts of the Legislature, regular session, 1983, as
amended by chapter 110 of the Acts of the Legislature, regular
session, 2003, be repealed; that sections 1, 2, 3, 4, 5, 6, 7, 8,
and 9 of chapter 26 of the Acts of the Legislature, regular
session, 1925 (municipal charters), section 10 of which was amended
by chapter 122 of the Acts of the Legislature, regular session,
1933, sections 1, 5, 6 and 9 of which were amended by chapter 194,
Acts of the Legislature, regular session, 1983, section 8 of which
was amended by chapter 175, Acts of the Legislature, regular
session, 1991, sections 2, 3, and 4 of which were amended by
chapter 110, Acts of the Legislature, regular session, 2003, and
section 7 of which was amended by chapter 131, Acts of the Legislature, regular session, 2005, be amended and reenacted, all
to read as follows:
GREATER HUNTINGTON PARK AND RECREATION DISTRICT
§
1. Definitions.
The following terms have the following meanings:
(a) "Commissioners" or "Park Board" means the members of the
Greater Huntington Park and Recreation District Board as set forth
in section two of this act.
(b) "Control" means the right and authority to manage, direct,
order and otherwise exercise dominion over.
(c) "Greater Huntington Park and Recreation District" or "Park
District" means the geographical area within the boundaries of the
county of Cabell and Westmoreland tax district in the county of
Wayne established on the effective date of the initial enactment of
this act.
(d) "Park system" means any and all indoor and outdoor park,
recreation, and conservation areas and facilities which are or in
the future may be owned, operated or leased in the Park District.
The areas and facilities may include, by way of illustration and
not as a limitation: Regional, community, and neighborhood parks
and playgrounds; athletic facilities and play fields such as sports
centers, stadiums, arenas, gymnasiums and physical fitness centers;
aquatic facilities such as swimming pools, lakes, ponds, water
parks, water amusements, beaches, waterfronts, boat docks, boat houses, and boat launching ramps, court areas for net games such as
basketball, volleyball, badminton, tennis, handball, racquetball,
squash and platform tennis; picnic facilities such as groves,
shelters and lodges; golf courses, skating rinks; stables and
riding paths; gardens, botanic gardens, arboretums, nature centers,
zoos, aviaries and environmental interpretive centers; museums,
historic landmarks and historic districts; snack bars, restaurants,
lounges and gift shops, camps and overnight lodges; theaters;
performing arts and crafts centers; recreation centers; mechanical
and electronic games centers; dance halls, amusements; parkways and
boulevards; and cemeteries, and other public parks and recreational
areas and facilities.
(e) "Public office" means any elective office, whether
federal, state or municipal, where the office holder is elected by
the public at large and is obligated to perform duties as an office
holder.
§2. Greater Huntington Park and Recreation District; composition;
terms of office; political affiliation; compensation;
expenses; prohibition against commissioners holding other
elected offices or being personally interested in contracts
or property controlled by board.
(a) The purpose of the Greater Huntington Park and Recreation
District Board is to establish, own, develop and operate a park
system for the benefit, health, safety, welfare, pleasure and relaxation of the inhabitants of the Greater Huntington Park and
Recreation District.
(b) The Park Board shall consist of eleven commissioners, ten
of whom shall be elected from Cabell County, but no more than two
of whom shall be elected from any one magisterial district, and one
of whom shall be elected from Westmoreland magisterial district in
the county of Wayne. The commissioners shall be elected pursuant
to subdivision (1) of this subsection.
(1) Commissioners of the Park District shall be nominated and
elected in the general election for state officers on the first
Tuesday after the first Monday in November and in the manner
prescribed by law for the nomination and election of district
officers, except as provided in this section.
(A) At the general election in the year 1984, there shall be
elected six commissioners. One commissioner shall be elected from
the Westmoreland Magisterial District in the County of Wayne. Five
commissioners shall be elected from the County of Cabell. In
Westmoreland District of Wayne County, the person receiving the
highest number of votes shall be elected for a term of six years.
In Cabell County, the three persons receiving the highest number of
votes shall be elected for a term of six years, the person
receiving the next highest number of votes shall be elected for a
term of four years, and the remaining elected commissioner shall be
elected for a term of two years.
(B) Beginning at the general election in the year 1986 and
every sixth year thereafter, there shall be elected three
commissioners who shall be elected for a term of six years.
(C) Beginning at the general election in the year 1988 and
every sixth year thereafter, there shall be elected three
commissioners who shall be elected for a term of six years.
(D) Beginning at the general election in the year 1990 and
every sixth year thereafter, there shall be elected four
commissioners who shall be elected for a term of six years.
(E) Beginning at the general election in the year, 2004, and
every sixth year thereafter, there shall be elected four
commissioners from the county of Cabell who shall be elected for a
term of six years.
(F) Beginning at the general election in the year, 2006, and
every sixth year thereafter, there shall be elected three
commissioners from the county of Cabell who shall be elected for a
term of six years.
(G) Beginning at the general election in the year, 2008, and
every sixth year thereafter, there shall be elected four
commissioners who shall be elected for a term of six years. One
commissioner shall be elected from the Westmoreland magisterial
district in the county of Wayne. Three commissioners shall be
elected from the county of Cabell.
(2) The commissioners in office upon the effective date of this act under the authority of the acts hereby amended and
reenacted, shall continue in office for the term for which they
were elected.
(c) No elected commissioner shall hold any other elected or
appointed public office.
(d) Commissioners shall receive no compensation for their
services as commissioners, but they shall be entitled to
reimbursement for all reasonable and necessary expenses actually
incurred in the performance of their duties as commissioners.
(e) Commissioners may not have any personal financial
interest, directly or indirectly, in any contract entered into by
the Park District, or hold any remunerative position in connection
with the establishment, construction, improvement, extension,
development, maintenance or operation of any of the property under
their control as commissioners.
§3. Vacancies in office of park commissioners.
Any vacancy which may occur in the office of an elected
commissioner, by death, resignation, refusal to serve, or
otherwise, shall be filled by the Park Board at its first regular
meeting within sixty days after the vacancy, by appointment of a
qualified person, and the person appointed shall hold office until
the next election for commissioners, when a person shall be elected
for the remainder of the unexpired term of commissioner.
§4. Oath of commissioners; election of officers; election of other officers; duties of officers; bond required of secretary
and treasurer; secretary pro tempore.
(a) After appointment or election, and before entering upon
his or her duties as commissioner, each new commissioner shall take
the following oath as administered by the county clerk of Cabell or
Wayne County as appropriate and convenient:
"I ......................... do solemnly swear that I will
faithfully perform the duties as a member of the Greater Huntington
Park and Recreation District Board during the term for which I was
elected, to the best of my ability according to law."
(
b) At the Park Board's first meeting and every year
thereafter, it shall elect one of its members as president, and
another member as vice-president. The Park Board shall elect a
secretary who need not be a member of the Park Board, as well as
elect a member of the Park Board who shall serve as treasurer. The
Park Board shall have the power to appoint from among its members
such other officers as it considers necessary and to delegate
duties and authority to the officers consistent with the purposes
of this act. Any officer may be removed from office, upon adequate
notice and hearing, although not relieved of his or her duties as
a commissioner, by a vote of the majority of commissioners present
and voting.
(c) The officers of the Park Board shall have the following
specified duties and any duty which is reasonably inferred therefrom and which is consistent with carrying out the purposes of
this act.
(1) The President shall perform the duties that ordinarily
devolve upon the presiding officer of a deliberative body, and
shall have one vote upon each question, as every other
commissioner, and shall:
(A) Act as chief administrative officer and legal
representative of the Park Board;
(B) Represent and speak for the Park Board to other
organizations and to the public;
(C) Appoint committees and delegate duties; and
(D) Sign letters or documents necessary to carry out the will
of the Park Board.
(2) The Vice-President shall assume the duties of the
President in case of the absence or incapacity of the president and
shall become president on the death, resignation or permanent
incapacity of the president as determined by the Park Board.
(3) The Secretary shall be the chief recording and
corresponding officer and the custodian of the records of the Park
Board, and shall:
(A) Take notes of the proceedings of the meetings;
(B) Prepare and certify the correctness of the minutes and
enter them in the official minute book;
(C) Read or circulate the minutes to the commissioners for correction and approval;
(D) Enter any corrections approved by the commissioners in the
minute book and initial them;
(E) Record and attest by his or her signature the approved
minutes as the official minutes of the Park Board, with the date of
approval;
(F) Provide the presiding officer of the assembly with the
exact wording of a pending motion or of one previously acted on
when directed by the presiding officer;
(G) Prepare a list of members and call the roll when directed
by the presiding officer;
(H) Read all papers, documents or communications as directed
by the presiding officer;
(I) Bring to each meeting the minute book or its electronic
equivalent, a copy of ordinances, rules and policies, a list of the
members, a list of standing and special committees, and a copy of
the parliamentary authority adopted by the organization;
(J) Search the minutes for information requested by officers
or members;
(K) Assist the presiding officer before each meeting in
preparing a detailed agenda;
(L) Preserve all records, reports and official documents of
the Park Board except those specifically assigned to the custody of
others as well as preserve all papers containing evidence of title, contracts and obligations;
(M) Prepare and send required notices of meetings and
proposals;
(N) Provide the chairman of each special committee with a list
of his or her committee members, a copy of the motion referring the
subject to the committee, and instructions and other documents that
may be useful;
(O) Provide the chairman of each standing committee with a
copy of all proposals referred to it, instructions, or material
that may be useful;
(P) Authenticate official documents by his or her signature;
(Q) Carry on the official correspondence of the Park Board as
directed, except correspondence assigned to other officers;
(R) Make available the minute book or its electronic
equivalent for public inspection as a public record; and
(S) Codify and preserve all ordinances enacted by the Park
Board.
For this service the secretary, who is not a commissioner, may
receive such compensation as the Park Board may allow. Before
entering upon the duties of his or her office, the secretary shall
enter into a bond with one or more sureties considered sufficient
by the Park Board and approved by the Park Board, conditioned upon
the faithful performance of his or her duties. The bond shall be
payable to the Greater Huntington Park and Recreation District Board in such sum as the Park Board determines, and shall be filed
with the Park Board for safekeeping. In the secretary's absence,
the Park Board may appoint a secretary pro tempore.
(4) The treasurer shall be responsible for the collection,
safekeeping, investing and expenditure of all funds and assets of
the Park Board, and for keeping an accurate financial record which
shall be available for public inspection. Before entering upon the
duties of his or her office, the treasurer shall enter into a bond
with one or more sureties considered sufficient by the Park Board,
and approved by the Park Board, conditioned upon the faithful
discharge of his or her duties and the accounting for and paying
over, as may be required, all moneys which may come into his or her
possession by virtue of his or her office. The bond shall be in
such sum as the Park Board may require, payable to the Greater
Huntington Park and Recreation District Board and filed with the
Park Board for safekeeping.
§5. Meetings; quorum; parliamentary authority; office.
(a) The commissioners shall select a regular time and place
for meetings of the Park Board which shall be open to the public.
Minutes of commission meetings shall be open to the public upon
request. Six members constitute a quorum to transact business.
Additional or special meetings, also open to the public, may be
called by the president, or at the request of four members, by the
secretary. The concurrence of six members of the Park Board is required to decide all questions involving the expenditure of
money.
(b) All meetings of the Park Board shall be conducted under
the rules of parliamentary procedure as established by the Sturgis
Standard Code of Parliamentary Procedure.
(c) The Park Board shall maintain an office in a location of
its choosing which shall be open to the public during normal
business hours.
§6. Park Board established as a public corporate body; perpetual
existence; seal; powers.
(a) The Greater Huntington Park and Recreation Park District
Board is a public corporate body, although not a municipal
corporation, and shall have perpetual existence and a common seal.
(b) In addition to the powers set forth in section seven of
this act, the Park Board may:
(1) Appropriate and expend funds from the sources of income
derived from the enactment of this act for the purposes of
establishing, constructing, improving, extending, developing,
maintaining and operating, or any combination of the foregoing, a
public park system for the Park District
: Provided, That it may not
expend funds on or appropriate funds to external agencies, public
or private, for any purpose whatsoever: Provided, however, That in
accordance with this section, the Park Board may contract with
other agencies for direct services received or for joint endeavors in which the Park Board is an active participant;
(2) Purchase, hold, own, sell, convey or lease or take lease
of real or personal property;
(3) Receive any gift, grant, donation, bequest, devise or
trust funds;
(4) Sue and be sued;
(5) Contract and be contracted with;
(6) Do any and all things and acts which may be necessary,
appropriate, convenient or incidental to carry out and effectuate
the purposes and provisions of this act;
(7) Retain complete and exclusive control and management of
all of the properties owned by the Park Board and dispose of the
same as in the Park Board's opinion will best serve the purposes of
this act and the interests of the public;
(8) Acquire in the Park Board's name by purchase, lease, or by
exercise of the power of eminent domain, or otherwise, such lands,
structures or bodies of water, located anywhere within the Park
District as the Park Board shall determine to be necessary,
appropriate, convenient or incidental to the establishment,
construction, improvement, extension, development, maintenance or
operation of a park system;
(9) Establish, construct, improve, extend, develop, maintain
and operate a park system;
(10) Employ persons as, in its opinion, may be necessary for the establishment, construction, improvement, extension,
development, maintenance, operation or management of the property
under its control, at wages, salaries or fees as it considers
proper, and the Park Board shall have full control of all
employees;
(11) Promulgate ordinances, rules and regulations necessary to
maintain the property belonging to the Park Board as places of
beauty, education and recreation or necessary to promote the
health, property, lives, decency, morality and good order of the
Park District
, its inhabitants and members of the general public
making use of property owned or controlled by the Park Board, or
necessary to regulate the use of or driving upon the property owned
or controlled by the Park Board;
(12) Abate, or cause to be abated, all nuisances affecting the
Park Board's property or persons on the property;
(13) Regulate or prohibit the placing of signs, billboards,
posters and advertisements upon the Park Board's property;
(14) Keep the Park Board's property in good order and free
from obstruction for the use and benefit of the public;
(15) Construct, improve, maintain, repair, operate, curb or
recurb, pave or repave, grade or regrade, surface or resurface
roads, bridges, sewers, culverts, sidewalks, public ways, easements
and other public works upon lands controlled or owned by the Park
Board;
(16) Enter into contracts, agreements, leases and other legal
obligations extending beyond a period of one fiscal year:
Provided, That the contract, agreement, lease or other legal
obligation does not require the expenditure of tax revenues;
(17) Enter into intergovernmental agreements as any municipal
corporation would be entitled to enter into according to law and
under conditions as are required by law of municipal corporations
before they enter intergovernmental agreements: Provided, That
every intergovernmental agreement shall, prior to and as a
condition precedent to its becoming effective, be submitted to the
Attorney General of the state of West Virginia who shall determine
whether the agreement is in proper form and is compatible with the
laws of this state;
(18) Provide by contract with the City of Huntington, Town of
Milton, Village of Barboursville, and the counties of Cabell and
Wayne for the joint construction of sewers and other public works
upon property owned or controlled by the board, to be paid for by
joint funds;
(19) Spend moneys of the Park Board to effectuate the purposes
set forth in this act; and
(20) Prepare, update at least every five years, and make
public a comprehensive plan as to the ongoing development of the
Park District: Provided, That the Park Board shall conduct at least
one public hearing in the Park District for the purpose of obtaining citizen input prior to developing or updating the
comprehensive plan.
§7. Charges, revenues, fees, levies, assessments and bonds for the
support, maintenance and operation of parks
.
(a) The Park Board may:
(1) Charge the public for services offered or goods sold by
the Park Board, as follows:
(A) Charges for services may be in the form of, but not
limited to, admission and entrance fees, exclusive use and rental
fees, user fees, license and permit fees, equipment rental, program
maintenance fees, instructor fees, special accommodation fees,
amusement fees, restricted membership fees, and cemetery service
fees;
(B) Charges for goods sold may be in the forms of, but not
limited to, beverages and foods, novelties and gifts, clothing,
athletic equipment and supplies, cemetery plots, crypts, monuments,
memorials, markers, vaults and any other forms of merchandise sold
in connection with the burial of the dead, and other items that may
pertain to the operation and maintenance of the Park District.
(2) Impose upon the users of the park system reasonable
service fees in addition to the service fees authorized by
paragraph (A) , subdivision (1) of this subsection. As used in
this section, "users" means any persons to whom the park system is
made available.
(A) The board of directors of the Park District may adopt one
or more resolutions establishing the amount and manner of
collection of the fees and providing for reasonable penalties for
failure to pay service fees. No resolution imposing a service fee
is effective until it is ratified by a majority of the legal votes
cast by the qualified voters of the district at a primary or
general election.
(B) In addition to meeting the ballot and election
requirements set forth in subdivision (3) of this subsection, the
ballot question must set forth the service fee, the manner in which
it will be imposed and the general use to which the proceeds of the
service fee shall be put. From time to time, the board may submit
additional resolutions imposing additional service fees to the
district's electors for approval pursuant to this section.
(3) Issue revenue bonds or refunding revenue bonds for the
district, in the manner prescribed by sections seven, ten, twelve
and sixteen, article sixteen, chapter eight of this code. No
revenue bonds, except for refunding revenue bonds, may be issued
under this section until all questions connected with the bonds are
first submitted to a vote of the qualified electors of the district
for which the bonds are to be issued, and receive a majority of all
the votes cast for and against the issuance. The ballot question
must set forth:
(A) The necessity for issuing the bonds;
(B) Purpose or purposes for which the proceeds of bonds are to
be expended;
(C) Total indebtedness, bonded or otherwise;
(D) Amount of the proposed bond issue;
(E) Maximum term of bonds and series;
(F) Maximum rate of interest;
(G) Date of election; and
(H) That the Park District is authorized to collect fees to
provide funds for the payment of the interest upon the bonds and
the principal at maturity, and the approximate amount of fees
necessary for this purpose.
(4) Notice of any election shall be given by publication,
within fourteen consecutive days next preceding the date of the
election, of the resolution imposing the service fee 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
publication shall be the district. All of the provisions of the
general election laws of this State concerning primary or general
elections, when not in conflict with the provisions of this
section, shall apply to elections hereunder, insofar as
practicable.
( (5) Annually levy on each $100 of the assessed valuation of
the property taxable in the Park District, within the corporate
boundaries of the City of Huntington according to the last assessment for state and county purposes, as follows:
(A) On Class I property, 1.5¢; on Class II property, 3¢; on
Class IV property, 6¢. The Park Board may levy a lesser amount, in
which case the above levies shall be reduced proportionately. The
levies shall be made at the time and in the manner provided by
article eight, chapter eleven of this code, except that the levies
shall be included in the maximum rates for the City of Huntington
as established by law.
(B) After the Park Board has made the levy, it shall certify
to the Finance Director of the city of Huntington the amount of the
levy, and the Finance Director shall extend the levy upon the tax
tickets. All levies made by the Park Board shall be collected by
the Finance Director who shall occupy a fiduciary relationship with
the Park Board. Levy funds shall be paid to the Park Board upon
written order of the Park Board, signed by the President of the
Park Board and countersigned by the Secretary of the Park Board.
(6) Assess the cost of improvements to or construction of
streets, sidewalks, sewers, curbs, alleys, public ways or
easements, or portions thereof, upon the abutting property owners
whose property lies within the Park District
. The assessments
require approval of a majority of the commissioners present and
voting, and shall be commenced and conducted in the manner
prescribed by article eighteen, chapter eight of this code.
(7 Sue and be sued; make contracts and guarantees; incur liabilities; borrow or lend money for any time period considered
advisable by the commission; sell, mortgage, lease, exchange,
transfer or otherwise dispose of its property; or pledge its
property as collateral or security for any time period considered
advisable by the commission.
(8) Create trusts as will expedite the efficient management of
the property and other assets owned or controlled by the Park
Board. The trustee, whether individual or corporate, has a
fiduciary relationship with the Park Board and may be removed by
the Park Board for good cause shown or for a breach of the
fiduciary relationship with the Park Board.
(b) In order to ensure adequate support for the
maintenance and operation of the Park District, the following
governing authorities shall, upon written request by the Park
Board, levy annually as follows within the respective taxing
districts of the governing authorities, on each $100 of assessed
valuation of the property taxable in the area served by it
according to the last assessment for state and county purposes,
amounts not exceeding the following amounts for fiscal year
beginning July 1, 1983:
(1) The county commission of Cabell County, for the first year
of the act and annually thereafter: Class I, 0.433¢; Class II,
0.866¢; Class III and Class IV, 1.73¢.
(2) The county commission of Wayne County, for the first year of the act and annually thereafter; Class I, 0.0066¢; Class II,
0.0132¢; Class III and Class IV, 0.0266¢.
(3) The board of education of the county of Cabell shall
provide funds available to the board through special and excess
levies for the first year of the act and annually thereafter: Class
I, 0.433¢; Class II, 0.866¢; Class III and Class IV, 1.73¢.
(4) The city of Huntington, for the first year of the act and
annually thereafter: Class I, 1.3¢; Class II, 2.6 cents; Class III
and Class IV, 5.2¢.
(5) The town of Milton, for the first year of the act and
annually thereafter: Class I, 1.3¢; Class II, 2.6¢; Class III and
Class IV, 5.2¢
.
(c) In addition to the amounts set forth in subsection (b) of
this section, which, upon written request by the board, the
governing authorities shall levy, each governing authority may
support the Park District
with any other general or special
revenues or excess levies.
(1) All income realized by the operation of the Park Board
from any sources other than the levies shall be used by the board
of directors for support of the Park District
.
(2) All money collected or appropriated by the foregoing
governing authorities for Park District
purposes shall be deposited
in a special account of the Park Board and shall be disbursed by
that board for the purpose of operating Park Board.
(d) The municipalities of Huntington and Milton and the
counties of Cabell and Wayne may issue, in the manner prescribed by
law, revenue bonds or general obligation bonds, for the purpose of
raising funds to establish, construct, improve, extend, develop,
maintain or operate, a system of public parks and recreational
facilities for the city or counties, or to refund any bonds of the
city or counties, the proceeds of which were expended in the
establishing, constructing, improving, extending, developing,
maintaining or operating of any part of all of the public park and
recreation system.
(1) Any bonds issued pursuant to this subsection shall contain
in the title or subtitle the words "public park and recreation
bonds," in order to identify the same, and shall be of the form,
denomination and maturity and shall bear the rate of interest as
fixed by ordinance of the governing body of the city or counties.
(2) The governing body may provide for the issuance of bonds
for other lawful purposes of the city or counties in the same
ordinance in which provision shall be made for the issuance of
bonds under the provisions of this section.
(3) The Park Board shall pay all of the costs and expenses of
any election which shall be held to authorize the issuance of
public park and recreation bonds only.
(4) The costs and expenses of holding an election to authorize
the issuance of public park and recreation bonds and bonds for other city or county purposes shall be paid by the Park Board and
the city or counties respectively, in the proportion that the
public park and recreation bonds bear to the total amount of bonds
authorized.
(5) The bonds issued pursuant to this subsection shall be
delivered to the Park Board to be sold in the manner prescribed by
law, and the proceeds shall be paid into the treasury of the Park
Board, and shall be applied and utilized by the Park Board for the
purposes prescribed by the ordinance authorizing the issuance of
such bonds.
(6) In any ordinance for the issuance of bonds pursuant to
this subsection, it shall be a sufficient statement of the purposes
for creating the debt to specify that the same is for the purpose
of establishing, constructing, improving, extending, developing,
maintaining or operating, or any combination of the foregoing, a
public park and recreation system for the city or counties, without
specifying the particular establishment, construction, improvement,
extension, development, maintenance or operation contemplated; but
an ordinance for refunding bonds shall designate the issue and the
number of bonds which it is proposed to refund.
§8. Law enforcement.
(a) The Park District may employ park rangers to make arrests
for violations of ordinances promulgated by the Park District
upon the property under the jurisdiction of the Park District:
Provided, That any person so employed as a park ranger must be
certified or certifiable as having met the minimum entry level law
enforcement qualification and training program requirements
pursuant to the provisions of article twenty-nine, chapter thirty
of this code. Park rangers may not carry a gun without obtaining
a license as required by law.
(b) Police officers employed by the city of Huntington, town
of Milton, members of the West Virginia State Police and sheriff's
deputies in Cabell and Wayne counties or other law-enforcement
agency authorized by law may make arrests for violations of
ordinances promulgated by the Park Board on property within the
Park District
which is under the jurisdiction of the Park Board.
All of the foregoing officers of the law, except members of the
Huntington police department, may make arrests for violations of
ordinances promulgated by the Park Board on property under the
jurisdiction of the Park District
which is outside of the Park
Board.
(c) For violations of Park District
ordinances, jurisdiction
of all warrants is granted to the courts which have criminal
jurisdiction of misdemeanors committed on property which is owned
or controlled by the Park Board.
§9. Title to property.
(a) The title of all parks, parkways, playgrounds, athletic fields, cemeteries, boulevards and other property, real, personal
and mixed, vested in the board of park commissioners under the
powers and authority of the acts hereby amended and reenacted shall
be and remain vested in the Greater Huntington Park and Recreation
District Board as herein defined.
(b) Notwithstanding any provisions of this act to the
contrary, the Park Board may grant and convey to any municipality,
town, village, county or to the State of West Virginia, all right,
title, control and interest, jurisdiction and maintenance of any
streets or boulevards owned by the Park Board, whenever the Park
Board considers such action to be necessary or convenient and
proper and in the best interests of the inhabitants of the Park
District.