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Red = new code to be enacted WEST virginia legislature regular session ENROLLED Committee Substitute for Senate Bill 662 By Senator Hamilton [Originating[Passed inMarch the11, Committee2022; on Economic Development;
reportedin oneffect February90 24,days 2022]from passage] AAN BILLACT to amend and reenact §7-25-3, §7-25-5, §7-25-6, §7-25-10, and §7-25-15 of the Code of West Virginia, 1931, as amended, all relating to resort area districts;
(a) “Assessment” means the fee, including interest, paid by an owner of real property located within a resort area district to pay for the cost of a project or projects constructed upon, or benefitting, or protecting such property and administrative expenses thereto, and to pay for the cost of service, which fee is fees are in addition to all taxes and other fees levied on the property.
(e) (f) “Cost” means the cost of any or all of the following:
(f) (g) “Governing body” means the county commission of a county.
(g) (h) “Governmental agency” means the state government or any agency, department, division, or unit thereof;
(h) (i) “Landowner” or “owner of real property” means the person or persons holding an interest in the record fee title to one or more parcels of real property, including residential, improved real property, and unimproved, developable real property, or of units within a multiunit property, including condominiums and townhouses, within a resort area district or a proposed resort area district:
(i) (j) “Parcel” shall mean:
(j) (k) “Person” means an individual, firm, partnership, corporation, limited liability company, voluntary association, or any other type of entity.
(k) (m) “Project” means the design, construction, reconstruction, establishment, acquisition, improvement, renovation, extension, enlargement, equipping, maintenance, repair (including replacements), and start-up operation of public buildings, culverts, streets, bridges (including approaches, causeways, viaducts, underpasses and connecting roadways), 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), public transportation, public recreation centers, public recreation parks, bicycle paths and trails, hiking paths and trails, landscaping, swimming pools, tennis courts, golf courses, skating rinks, equine facilities, motor vehicle competition and recreational facilities, flood protection or relief projects, or the grading, regrading, paving, repaving, surfacing, resurfacing, curbing, recurbing, widening, lighting, or otherwise improving any street, avenue, road, highway, alley, or way, or the building or renewing of sidewalks and flood protection;
(l) (n) “Purchase price” means the measure subject to the resort service fee authorized to be imposed by this article and has the same meaning as sales price.
(m) (o) “Ranger” means a resort area ranger.
(n) (p) “Resort area” means an area that:
(2) Has a permanent population of less than two thousand 2,000 people, according to the most recent federal census;
(o) (q) “Resort area district” or “district” means a resort area district created pursuant to this article.
(p) (r) “Resort operator” means any person owning and operating the primary outdoor recreational facilities in a resort area and offering outdoor recreational services such as skiing, golf golfing or boating to the general public.
(q) (s) “Resort service fee” means the fee imposed on the purchase price of goods and services sold within a resort area district by any of the following establishments:
(r) (t) “Resort service fee bonds” means special obligation bonds or notes issued by a resort area district which are payable from the proceeds of resort service fees.
(s) (u) “Service” includes, but is not limited to, snow removal;
(t) (w) “Sheriff” means the sheriff of the county in which a resort area district is located.
(b) The petition for the creation or expansion of a resort area district shall include, where applicable, the following:
(8) A certification from the State Tax Commissioner of the amount of consumers sales and service taxes collected from businesses located in the proposed district during the most recent 12 calendar month period for which such data is available that precedes the calendar quarter during which the petition will be submitted to the governing body;
(d) The owners of at least 61 percent of the real property, determined by acreage, located within the boundaries of an area with at least one common boundary with the resort area, as described in the petition, by metes and bounds or otherwise in a manner sufficient to describe the area, may petition the resort area board to expand a resort area district.
At or after the meeting the governing body may amend, revise, or otherwise modify the information in the petition for formation or expansion of a resort area district as it may consider appropriate after taking into account considering any comments received at the meeting.
A petition has been presented to the county commission of the County of _________ (name of county) requesting establishment of a resort area district and authorization of a resort service fee under article twenty-five, chapter seven §7-25-1 et seq.
_______ (name of resort area board chairperson)” (2) All owners of real property in the existing resort area district and proposed expansion shall be eligible to vote.
“/ / For Expansion / / Against Expansion” (5) Electronic submission of ballots is permitted in accordance with procedures in the bylaws of the resort area district.
(2) Two board members shall be representatives of the primary resort operator or operators located within the resort area district;
(3) One board member at the time of nomination and as of the day of their election shall be an owner or a representative of owners of commercial business property owners located within the resort area district;
(e) Only owners of real property, including owners of commercial business property owners, located within the district shall be eligible to vote in elections for board members.
The voting restrictions set forth in subsections (d) and (e) of §7-25-11 §7-25-11(d) and §7-25-11(e) of this code shall apply to all board elections and may not be altered.
(g) Before entering upon the performance of his or her duties, each member shall take and subscribe to the oath required by section five, article IV of the West Virginia ConstitutionConstitution. of this state.
Any other action of the board taken while one or more board positions are vacant must be unanimously approved by a board which is comprised of at least six five active serving board members.
(i) The board shall organize within 30 days following the first election of board members and annually thereafter at its first meeting after January 1,1 of each year by selecting one of its members to serve as chairman, one to serve as treasurer, and one to serve as secretary.
The secretary, or his or her designee, shall keep a record of all proceedings of the board which shall be available for inspection as other public records and the Treasurer treasurer, or his or her designee, shall maintain records of all financial matters relating to the resort area district, which shall also be made available for inspection as other public records.
(k) The members of the board, and the chairman, secretary, and treasurer thereof, shall make available, at all reasonable times and upon reasonable notice, all of its books and records pertaining to the resort area district's operation, finances, and affairs for inspection and audit.
(p) The members of the board shall may serve without with reasonable compensation but as the board of directors may fix, except where prohibited by law, and shall receive reimbursement for actual and necessary expenses incurred in connection with the performance of their duties.
The publication process for an election to fill a vacancy shall be the same as set forth in subsections (c), (d) and (e) of §7-25-11 §7-25-11(c), §7-25-11(d), and §7-25-11(e) of this code, and only those owners eligible to vote for the board member whose departure from office caused the vacancy shall be eligible to vote to replace the member.
if only one resort operator exists in the district.
(b) (c) The bylaws of a district shall provide the procedures not addressed in this section for the implementation of an assessment to pay the costs of a project or service:
(c) (d) Fifty-one percent or more of the owners of real property to be benefitted by a project or service may petition the board to implement an assessment to pay the costs of the project or service.
(d) (e) Upon following the procedures provided in this section and a resort area district's bylaws for the implementation of an assessment to pay the costs of a project or service, the board may, after giving notice to all real property owners, holding a public meeting and a vote on the project or service if required by this section, adopt a resolution authorizing the assessment to pay the costs of a project or service upon approval by six sevenths of the board.
(e) (f) Before the adoption of a resolution authorizing an assessment to pay the costs of a project or service, the board shall cause notice to be given to the owners of real property located within the resort area district that the resolution will be considered for adoption at a public meeting of the board at a date, time, and place named in the notice and that all persons at that meeting, or any adjournment thereof, shall be given an opportunity to protest or be heard concerning the adoption or rejection of the resolution.
If, as provided in subsectionsubsection (f) (g) of this section, a favorable vote of the property owners is required before the board authorizes the assessment, the notice of meeting shall also contain information required to enable the owners of real property within the district that will be subject to the assessment to vote on the assessment by mail or electronic means.
(f) (g) An assessment may not be authorized by the board if at the public meeting required by this section written protest is filed by at least 25 percent of the owners of the real property within the district to be benefitted by the proposed project or service and subject to the assessment.
However, before an assessment proposed by the board on its own initiative as provided in subsectionsubsection (c) (d) of this section is authorized by the board, the proposal must also receive the favorable vote of a majority of the votes cast at the meeting for the proposal by the owners of real property in the district that will be subject to the assessment.
(g) (h) At least 30 days prior to the date of the public meeting, the notice required by this section shall, using reasonable efforts, be mailed to the owners of real property to be assessed for a proposed project as provided in subsectionsubsection (k) (l) of this section, posted in multiple, conspicuous, public locations within the district and published as a Class II legal advertisement in compliance with the provisions of §59-3-1 et seq.
(h) (i) An affidavit of publication of the notice made by newspaper publisher, or a person authorized to do so on behalf of the publisher, and a copy of the notice shall be made part of the minutes of the board and spread on its records of the meeting described in the notice.
The service of the notice upon all persons owning any interest in any real property located within the resort area district shall conclusively be determined to have been given upon completion of mailing as provided in subsectionsubsection (k) (l) of this section and the newspaper publication.
(i) (j) After the public meeting and before the board may adopt a resolution authorizing implementation of assessments, the board shall, using reasonable efforts, mail a true copy of the proposed resolution authorizing implementation of an assessment to the owners of real property in the resort area district as provided in subsectionsubsection (k) (l) of this section.
(j) (k) A board shall make available to the owners of real property within the district a list of all owners of real property within the district for the purposes of enabling the owners of real property to solicit support for a petition proposing or a protest against an assessment.
(k) (l) For purposes of the mailing of each notice to owners of real property required by this section, reasonable efforts shall be made to mail the notice to all owners of real property required to receive notice under this section using the real property tax records and land books of the county in which the district is located and any lists maintained by a resort operator or homeowners association within the district.