678 sections in this chapter.
W. Va. Code § 8-29-6 Qualification of members
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To be qualified to serve, members of the board of each authority shall be drawn from residents of the municipality(ies) and/or contiguous county(ies) which created and established the regional airport authority. The municipality or county is each authorized to make their regional…
W. Va. Code § 8-29A-6 Authority may incur indebtedness; county not liable for indebtedness
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The authority may incur any proper indebtedness and issue any obligations and give any security therefor which it may deem necessary or advisable in connection with carrying out its purposes. No statutory limitation with respect to the nature or amount of indebtedness which may b…
W. Va. Code § 8-29-7 Compensation of members
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No member of the board of an authority shall receive any compensation, whether in form of salary, per diem allowance or otherwise, for or in connection with his services as such member. Each member shall, however, be entitled to reimbursement by the authority for all reasonable a…
W. Va. Code § 8-29A-7 Exemption from taxes; payment for portion used as industrial park
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The authority shall be exempt from the payment of any taxes or fees to the state or any subdivisions thereof or any municipalities or to any officer or employee of the state or of any subdivision thereof or of any municipalities. The property of the authority shall be exempt from…
W. Va. Code § 8-29-8 Powers of authorities generally
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Each authority is hereby given plenary power and authority as follows: (1) To make and adopt all necessary bylaws and rules for its organization and operations not inconsistent with law; (2) To elect its own officers, to appoint committees, and to employ and fix the compensation …
W. Va. Code § 8-29A-8 County commission authorized to convey present airport properties and facilities to the authority
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Notwithstanding any other provision of law to the contrary, the county commission of a county is hereby authorized to convey to the authority the present airport property owned by the county, if any, situate in the county, together with all the appurtenances and facilities therew…
W. Va. Code § 8-29-8A Abandoned or derelict aircraft
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(a) If an abandoned or derelict aircraft is discovered on an airport, the airport authority shall: (1) Make a record of the date the aircraft was discovered on the airport; and (2) Inquire as to the name and address of any person having an equitable or legal interest in the aircr…
W. Va. Code § 8-29-9 Rules and regulations to control vehicular and pedestrian traffic within quarter mile of airport; violation of rule and regulation a misdemeanor; penalty
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(a) The airport authority or the county court of the county in which any such airport or the major portion thereof is located is hereby empowered and authorized, upon request of the authority, may adopt and promulgate rules and regulations to: (1) Control the movement and disposi…
W. Va. Code § 8-29A-9 Disposition of surplus
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If the authority should realize a surplus, whether from operating the airport or leasing it for operation, over and above the amount required for the maintenance, improvement and operation of the airport and for meeting all required payments on its obligations, it shall set aside…
W. Va. Code § 8-30-1 Establishment and operation of flood control projects by municipalities and counties
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Any municipality or county may establish, construct, maintain and operate for such municipality or county a flood control project, including the removal of accumulated snags and other debris from and the clearing and straightening of the channel of navigable streams and tributari…
W. Va. Code § 8-31-1 Conditions to granting of franchise by governing body or county court; term of franchise; Public Service Commission power and authority not affected
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Every municipality and every county court are hereby empowered and authorized to grant an exclusive or nonexclusive franchise to any person. No franchise, however, shall hereafter be granted by the governing body of any municipality or by the county court of any county where the …
W. Va. Code § 8-31-2 Compelling compliance with franchise obligations; damages; forfeiture
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When any person has obtained or shall hereafter obtain any franchise, and the terms, conditions or manner of exercising such franchise are embodied in the ordinance of the municipality or the order of the county court granting such franchise, or are otherwise either voluntarily a…
W. Va. Code § 8-32-1 Legislative findings; authority of municipalities and counties to make appropriations, conveyances or leases; limitations and restrictions
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(a) The Legislature hereby finds that the support of nonstock, nonprofit corporations dedicated to making available to the general public (1) museums, historic landmarks, facilities or cultural centers for the appreciation, advancement or enjoyment of art, crafts, music, dance, d…
W. Va. Code § 8-32-2 Membership and participation in area development corporations
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Every municipality and county commission is hereby empowered and authorized to become associated with and to participate as a member of any area development corporation chartered as a nonstock, nonprofit corporation under the laws of this state for the purposes of promoting, deve…
W. Va. Code § 8-32-3 Power to secure federal grants for certain nonprofit organizations
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(a) Notwithstanding any statutory or charter provisions to the contrary, every municipality is, subject to the provisions and limitations set forth in subsections (b) and (c) of this section, hereby empowered and authorized to make application for, receive and accept grants from …
W. Va. Code § 8-32-4 Legislative findings; authority of municipalities and county commissions to make appropriations; limitations and restrictions
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(a) The Legislature hereby finds that the support of public or nonprofit health institutions dedicated to making available to the general public health and mental health services is for the general welfare of the public and is a public purpose for which funds of a municipality or…
W. Va. Code § 8-32-5 Legislative findings; authority of municipalities and counties to make appropriations for the celebration of historical and commemorative events; limitations and restrictions
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(a) The Legislature hereby finds that the support of nonstock, nonprofit corporations dedicated to making available to the general public, programs, activities or events organized by a commission, committee, group, organization or community, for the purpose of providing historica…
W. Va. Code § 8-33-1 Municipal, county and municipal-county building commissions authorized; reference to county courts and county commissions
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Any municipality or county, or one or more municipalities and any county, or any two or more municipalities within any county or counties, or any combination thereof, may create and establish a municipal building commission, a county building commission, or a municipal-county bui…
W. Va. Code § 8-33-10 Sale of property by commission
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In the event a majority of the governmental bodies contributing funds or property to a commission shall so direct in writing and if all indebtedness of said commission has been paid in full, the commission shall sell all or any part of its properties and assets so directed and di…
W. Va. Code § 8-33-11 Workers' compensation
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Each commission shall subscribe to the workers' compensation fund of this state and pay all necessary premiums thereto, to the end that all eligible employees of such commission shall be covered by workers' compensation.
W. Va. Code § 8-33-12 Liberal construction
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The provisions of this article are hereby declared to be remedial and shall be liberally construed to effectuate the purposes hereof. The provisions of this article are in addition to and not in derogation of any power granted to or vested in municipalities and county courts unde…
W. Va. Code § 8-33-2 Commissions are public corporations
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Each commission, when created, shall be a public corporation and shall have perpetual existence.
W. Va. Code § 8-33-3 Authority vested in board; composition of board; appointment; qualifications and terms of members; vacancies; reimbursement of expenses
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All property, powers and duties and the management and control of each commission shall be vested in a board consisting of representatives appointed by the governmental body or bodies creating and establishing such commission. In the case of a municipal building commission or a c…
W. Va. Code § 8-33-4 Powers
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Each commission shall have plenary power and authority to: (a) Sue and be sued; (b) Contract and be contracted with; (c) Adopt, use and alter a common seal; (d) Make and adopt all necessary, appropriate and lawful bylaws and rules and regulations pertaining to its affairs; (e) El…
W. Va. Code § 8-33-4A Issuance of pension funding revenue bonds to fund a pension funding program
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(a) In addition to the powers set forth in §8-33-4 of this code and subject to the requirements set forth in this section and in §8-33-4b of this code, a commission formed by a Class I, Class II or Class III municipality may issue pension funding revenue bonds to raise funds for …
W. Va. Code § 8-33-4B Approval of municipal pension oversight board of certain pension funding revenue bonds; propose rules
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(a) In addition to the requirements otherwise provided in this article, any issuance of pension funding revenue bonds by a building commission (1) for a Class III municipality or (2) for a Class I or Class II municipality with either a policemen’s or firemen’s pension and relief …
W. Va. Code § 8-33-5 Indebtedness of commission
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No Constitutional or statutory limitation with respect to the nature or amount of or rate of interest on indebtedness which may be incurred by municipalities, counties or other public or governmental bodies shall apply to the indebtedness of a commission. No indebtedness of any n…
W. Va. Code § 8-33-6 Disposition of surplus of commission
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If a commission should realize a surplus over and above the amount required for the improvement, maintenance and operation of its facilities and for meeting all required payments on its obligations, it shall set aside such reserve for future improvements, maintenance, operations …
W. Va. Code § 8-33-7 Property, bonds and obligations of commissions exempt from taxation
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Each commission shall be exempt from the payment of any taxes or fees to the state or any subdivisions thereof or any municipalities or to any officer or employee of the state or of any subdivision thereof or of any municipality. The property of each commission shall be exempt fr…
W. Va. Code § 8-33-8 Contributions to commissions; funds and accounts of commissions; reports; audits
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Contributions may be made to each commission from time to time by the governmental body or bodies creating and establishing it, and persons that shall desire to do so. All funds received by each commission shall be deposited in such banking institution or banking institutions as …
W. Va. Code § 8-33-9 Authority to convey or transfer property to commission
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Any municipality or county is hereby empowered and authorized to convey or transfer to a commission which it has created and established either alone or with another governmental body, property of any kind, heretofore acquired by said municipality or county, to carry out the purp…
W. Va. Code § 8-34-1 General right of appeal; recordation of jury trial; preparation of record
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(a) Every person sentenced under this chapter by any mayor, acting in a judicial capacity, or municipal court judge to confinement or to the payment of a fine may appeal that sentence to the circuit court as provided in this section. When the municipality is located in more than …
W. Va. Code § 8-35-1 Forfeiture of charter or certificate of incorporation; notice; dissolution of municipality
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(a) Any municipality heretofore incorporated or which shall hereafter be incorporated which shall fail for one year to exercise its corporate powers and privileges, or which has not 20 qualified voters, or in which there were not 20 legal votes cast at its last election, or the p…
W. Va. Code § 8-35-2 Voluntary dissolution of municipal corporation
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(a) A petition for dissolution shall be filed with the governing body of the municipality. The petition shall be in writing, set forth the reasons for the request to dissolve the municipality, and be signed by not less than 25 percent of the qualified voters of the municipality a…
W. Va. Code § 8-35-3 Involuntary dissolution of municipal corporation
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(a) The Prosecuting Attorney for the county where such municipality or the majority portion of the territory thereof is located, or the State Auditor, may petition for involuntary dissolution of a municipality when the government of a municipality ceases to function by reason of …
W. Va. Code § 8-35-4 State Auditor as special receiver
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(a) Upon declaration of the forfeiture of the charter or certificate of incorporation, or the certification of the election for voluntary dissolution, or upon an order by the circuit court for involuntary dissolution, as set forth in this article, the State Auditor shall by opera…
W. Va. Code § 8-35-5 Disposition of property belonging to dissolved municipal corporation
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(a) No dissolution of an incorporated municipality shall impair the rights of any person in any contract or agreement to which the municipality is a party. (b) The deposits and investments belonging to the dissolved municipality shall be used first to pay the municipality’s debts…
W. Va. Code § 8-35-6 Sale and liquidation of dissolved municipal assets
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(a) If the State Auditor, as special receiver, makes a determination that a dissolved municipality’s real and/or personal property must be liquidated to satisfy its debts and liabilities then a public auction may be conducted. The property shall be sold either at an on-site publi…
W. Va. Code § 8-36-1 Constitutionality and severability
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(a) If any article, section, subsection, subdivision, provision, clause or phrase of this chapter or the application thereof to any person or circumstance is held unconstitutional or invalid, such unconstitutionality or invalidity shall not affect other articles, sections, subsec…
W. Va. Code § 8-37-1 Short title
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This act may be known and cited as the "Municipal Financial Stabilization Fund Act".
W. Va. Code § 8-37-2 Findings and declarations
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The Legislature finds and declares that: (1) Municipalities should maintain a prudent level of financial resources to try to protect against reducing service levels or raising taxes and fees because of temporary revenue shortfalls, unpredicted one-time expenditures or emergency s…
W. Va. Code § 8-37-3 Budget stabilization fund; creation; appropriation
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(a) A municipality may create a financial stabilization fund by a majority vote of its governing body. The fund may receive appropriations, gifts, grants, and any other funds made available. (b) The governing body may appropriate a sum to the fund from any surplus in the General …
W. Va. Code § 8-37-4 Fund investment; usage
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(a) The governing body may invest the money in the fund as it considers appropriate, with the earnings retained by the fund. (b) The governing body may appropriate money in the financial stabilization fund upon a majority vote for the following purposes: (1) To cover a general fu…
W. Va. Code § 8-38-1 Short title
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This article is known and may be cited as the “Municipal Economic Opportunity Development District Act”.
W. Va. Code § 8-38-10 Ordinance to create district as approved by Development Office and authorized by the Legislature
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(a) General. -- If an economic opportunity development district project has been approved by the Executive Director of the Development Office and the levying of a special district excise tax for the district has been authorized by the Legislature, all in accordance with this arti…
W. Va. Code § 8-38-11 District board; duties
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(a) General. -- The council of a municipality that has been authorized by the Development Office to establish an economic opportunity development district, in accordance with this article, shall provide, by ordinance, for the appointment of a district board to oversee the operati…
W. Va. Code § 8-38-12 Special district excise tax authorized
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(a) General. -- The council of a municipality, authorized by the Legislature to levy a special district excise tax for the benefit of an economic opportunity development district, may, by ordinance, impose that tax on the privilege of selling tangible personal property and render…
W. Va. Code § 8-38-13 Requisition of district subaccount funds
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Sixty days after collection of a special district excise tax begins, the State Auditor shall, upon receipt of a monthly requisition from the district board, issue his or her warrant on the state Treasurer for the funds requested from the district's subaccount, which funds are app…
W. Va. Code § 8-38-14 Modification of included area; notice; hearing
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(a) General. -- The ordinance creating an economic opportunity development district may not be amended to include additional contiguous property until after the amendment is approved by the Executive Director of the Development Office in the same manner as an application to appro…
W. Va. Code § 8-38-15 Abolishment and dissolution of district; notice; hearing
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(a) General. -- Except upon the express written consent of the Executive Director of the Development Office and of all the holders or obligees of any indebtedness or other instruments the proceeds of which were applied to any development expenditures or any indebtedness, the paym…