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Engrossed Version Senate Bill 416 History

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ENGROSSED

Senate Bill No. 416

(By Senators Tomblin, Mr. President, Helmick and Jackson)

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[Introduced February 16, 1996; referred to the
Committee on Government Organization.]

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A BILL to amend and reenact sections one and two, article twenty-
three, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said article by adding thereto two new sections, designated sections three-a and six-a, all relating to the authority of local governmental units to cooperate with each other, contract and engage in joint enterprises; authorizing local governmental units to cooperate with both public and private agencies; providing for agreements with other agencies for joint or cooperative actions; and authorizing local governmental units to expend funds derived from the operation of the subject public works, transfer assets and furnish personnel or services from such public works for the joint or cooperative undertaking and to expend other funds and furnish other personnel or services as may be within its legal bounds.

Be it enacted by the Legislature of West Virginia:
That sections one and two, article twenty-three, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that said article be further amended by adding thereto two new sections, designated sections three-a and six-a, all to read as follows:
ARTICLE 23. CONTRACTING AND JOINT ENTERPRISES.
§8-23-1. Statement of purpose.
It is the purpose of this article to permit local governmental units to make the most efficient use of their power and authority by enabling them to cooperate with each other and with other agencies on a basis of mutual advantage, and to consolidate functions and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization which will result in economies in the operation of local government and which will accord best with the geographic, economic, population and other factors influencing the needs and development of local governmental services and facilities, and to provide joint services and facilities with other agencies and to cooperate in other ways of mutual advantage, all thus to promote the public health, safety and welfare.
§8-23-2. Definitions.
For the purposes of this article:
(1) The term "public agency" shall mean any municipality, county or other political subdivision of this state, or any county board of education of this state; and
(2) The term "public works" shall mean any improvement or project involving an outlay of a capital nature which may be required by or convenient for the purposes of any public agency, including, without limiting the generality of the foregoing, the construction, reconstruction, establishment, acquisition, improvement, renovation, extension, enlargement, increase, equipment, maintenance, repair (including replacements) and operation of jails, jail facilities, municipal buildings, police stations, fire stations, libraries, museums, other public buildings, incinerator plants, land fill or other garbage disposal systems, hospitals and appurtenant facilities, piers, docks, terminals, airports, drainage systems, flood control systems, floodwalls, sewers, culverts, bridges (including approaches, causeways, viaducts, underpasses and connecting roadways), public markets, cemeteries, 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), stadiums, gymnasiums, sports arenas, auditoriums, public recreation centers, public recreation parks, swimming pools, roller skating rinks, ice skating rinks, tennis courts, golf courses, polo grounds or other public improvements, or the grading, regrading, paving, repaving, surfacing, resurfacing, curbing, recurbing, widening or otherwise improving of any street, avenue, road, alley or way; and
(3) The term "private agency" shall mean an individual or any form of business organization authorized under the laws of this or any other state; and
(4) The term "agency" shall mean either a public agency or a private agency, and the term "agencies" shall mean two or more of either or both public agencies and private agencies.
§8-23-3a. Agreements with other agencies.
Any public agency of this state may enter into an agreement with one or more public or private agencies for joint or cooperative action pursuant to the provisions of this article, including the creation of a separate entity to carry out the purpose of the agreement and, if appropriate in connection with the undertaking, ownership or control of all or a portion of such separate entity. Appropriate action by ordinance, resolution or otherwise pursuant to the law applicable to the governing bodies involved shall be necessary before any such agreement may take effect. An agreement entered into by a public agency pursuant to this section shall contain substantially the same provisions as set forth in section three of this article. No agreement made pursuant to the provisions of this section shall relieve any public agency of any obligation or responsibility imposed upon it by law, except that to the extent of actual and timely performance thereof by a joint board or other legal or administrative entity created by an agreement made hereunder, said performance may be offered in satisfaction of the obligation or responsibility.
§8-23-6a. Furnishing of funds, property, personnel and services.
Any public agency entering into an agreement pursuant to the provisions of section three-a of this article is hereby empowered and authorized to expend funds derived from the operation of the subject public works and to sell, lease, transfer or otherwise supply real or personal property acquired with funds derived from the operation or otherwise received on account of the public works, and to furnish personnel and services paid for with funds derived from the operation or otherwise received on account of the public works to the administrative joint board or other legal or administrative entity created to operate the joint or cooperative undertaking. The public agency is hereby empowered and authorized to appropriate and expend other funds and to sell, lease, transfer or otherwise supply real or personal property acquired with such other funds and to furnish personnel and services paid for with such other funds to the administrative joint board or other legal or administrative entity created to operate the joint or cooperative undertaking, all as may be within its legal bounds to furnish.
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