05 MAY 2014, Vol.1, No.42 > THE
LAW THAT MAKES SNOWSHOE-RAD!
The POCAHONTAS CRIER
‘When the Righteous succeed the people rejoice,
But when the bad govern, men groan!’ – Proverbs 29:2
[New
Email address: pocahontascrier88@gmail.com]
THE LAW THAT MAKES
SNOWSHOE-RAD!
As amazing as it seems there are
still some folks that just can’t believe that Snowshoe is about to become a ‘political
subdivision & private-corporate municipality’ carved out &
independent of Pocahontas County – IN SHORT – A ‘Private-Government’ WITHIN A ‘Public-Government’
= ‘Corporate-Fascism’! And instead of the State of West Virginia
stepping up NOW and revoking the ‘corporate-charter’ of Snowshoe Mountain, Inc. (SMI), then taking ‘receivership’
of SMI and turning the day to
day operations over to this county to run so that the employees can establish a
WORKERS CO-OP and SHARE IN THE WEALTH by
providing 60% of the profits to the State Treasury, and sharing the remaining
40% among the workers & county – instead the State Legislature has opted to give DONALD TRUMP a huge chunk of this county as
his own Private-Plantation so he can act like a DICTATOR and make his
own rules to both OWN & GOVERN on the mountain! Donald Trump is now ‘masser Trump’ to one and all on
the mountain & not just to ‘house-slaves’
& ‘field-slaves’!
Only NORMAN LEE ALDERMAN (Rep-SD) & PATTI
HEINEMANN (Dem-ND) have set forth before everyone
this potential menace, issuing a warning of what to
expect, and offering a viable & workable SOLUTION to the threat
pending before us all! No other candidates have dared to tackle this problem and
threat to our future! Instead,
the other candidates all say the same clichés & rhetoric of how they would
like to keep the county ‘pristine’ & ‘wild & wonderful’ because they
cannot comprehend that once TRUMP has his foot-in-the-door, as he has now, he is about to spread HIS $1.5 BILLION-DEBT upon all those
now owning property on the mountain – and maybe even the whole county – then
TRUMP will ask to ‘expand’ the
boundaries of his Snowshoe Resort Area District (SRAD) below Rt. 66 & down
Rt. 219 as a means to ‘cover-his-debt’! SMI already has
Durbin swallowed up in its ‘Public
Service District’ (PSD) to the point that if & when a new sewage
treatment facility is built – the cost of being ‘hooked-up’ will be extremely costly! Don’t think so? Just ASK the folks forced into the 26 mile-zone
within the Marlinton ‘hook-up’! The only place
not forced into the ‘Marlinton-scam’
is Brush Country – where Phil Cain, the titular-head of the ‘Poverty
Preservation Society’ (PPS) lives – since he still believes in the
fantasy of having a dam built to flood the valley for 26 miles from Marlinton
to Cass! That ‘dam-scam’ of his would have wiped
out 176 farms along the Greenbrier
River in order to protect
the 60% ownership of Marlinton for the ‘Burns-Dunbrack’ alliance of yesteryear!
But getting back to the
Snowshoe-RAD, now that TRUMP has his foot in the door, he’ll keep asking for
MORE & MORE in order to ‘pay-down-the-debt’,
‘keep people employed’, ‘derive new income’ & all his
other clichés in order to keep afloat his myth of being ‘too big to fail’ nonsense! The current State
Legislature bought into the myth – along with the campaign-bribes Trump’s
Lobbyists paid out!
But for those that can remember
when Intrawest first bought Snowshoe about 16 or so years ago, the first thing
put into action was the ‘PROPOSAL TO BUILD A FOUR-LANE’ right down the
middle of the valley along Rt. 92 to connect I-64 with Corridor-H! Those plans have not gone away and only await
a request from the Snowshoe-RAD so it can ‘increase its revenue’! Speaking of which, why does a
foreign-corporation (i.e., one registered out-of-state) and taking from $40 -
$50+ MILLION in profits each year FROM this county – want US TO PAY for
its new sewer-treatment facility at a cost of $27 - $35 Million when it’s the problem of SMI and NOT THE PEOPLE OF
POCAHONTAS COUNTY! How does
that fit into the plans of some of the commission candidates who always put SPECIAL INTERESTS BEFORE THE GREATER COMMON
GOOD OF THE CITIZEN-TAX-PAYERS?
SO
HERE’S THE NEW LAW FOR SNOWSHOE-RAD!
West Virginia House Bill 2600 – RESORT AREA DISTRICTS
A BILL to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new article,
designated §7-25-1, §7-25-2, §7-25-3, §7-25-4, §7-25-5, §7-25-6, §7-25-7,
§7-25-8, §7-25-9, §7-25-10, §7-25-11, §7-25-12, §7-25-13, §7-25-14, §7-25-15,
§7-25-16, §7-25-17, §7-25-18, §7-25-19, §7-25-20, §7-25-21, §7-25-22, §7-25-23,
§7-25-24 and §7-25-25; and to amend and reenact §30-29-1 of said code, all relating to the creation of
resort area districts; providing short title for article; providing
legislative findings for resort area districts; defining terms; authorizing
county commissions to create resort area districts; providing for petition
process for creation or expansion of resort area districts; providing notice
requirements for creation or expansion of resort area districts; providing that resort area districts are public
corporations and political subdivisions; setting forth powers of resort
area districts; authorizing resort area districts to undertake capital
projects; authorizing resort
area districts to levy assessments upon real property; authorizing
resort area districts to borrow money and incur indebtedness; authorizing
resort area districts to issue assessment bonds and resort service fee bonds;
authorizing resort area districts to impose penalties for unpaid assessments;
authorizing resort area districts to levy resort service fee on purchases of
certain goods and services; authorizing resort area districts to provide public
services; authorizing resort area districts to provide for public safety and appoint resort area rangers;
providing for official name of resort area districts; providing for creation of
resort area boards; setting forth powers and certain procedures for resort area
boards; providing for election of resort area board members; providing election
procedures for resort area boards; requiring certain resort area board members
to give bond; providing notice requirements for resort area boards election;
providing procedures and notice requirements for resort service fee
implementation and administration; providing procedures for implementing and
providing services within resort area districts; requiring adoption of budget
annually; providing procedures for implementation of assessments; providing
notice requirements for assessments; providing procedures for construction of
capital projects; providing procedures for revision of assessments; exempting public property from
assessments; providing terms for assessment bonds and resort service fee
bonds; exempting assessment
bonds and resort service fee bonds from state taxation; providing that
indebtedness of resort area district to be paid solely from resort service fee
and assessments; providing
procedure for payment of assessments to sheriff; authorizing sheriff to collect
delinquent assessments; providing
for lien against property subject to assessment and notice thereof;
providing for appointment of resort area rangers; authorizing resort area rangers to exercise authority of
law-enforcement officers; requiring annual audit of resort area
districts; providing for liberal construction of article; and providing that resort area
rangers are considered law-enforcement officers subject to same training and requirements
as other law-enforcement officers.
Be it enacted by
the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §7-25-1, §7-25-2, §7-25-3, §7-25-4, §7-25-5, §7-25-6, §7-25-7, §7-25-8, §7-25-9, §7-25-10, §7-25-11, §7-25-12, §7-25-13, §7-25-14, §7-25-15, §7-25-16, §7-25-17, §7-25-18, §7-25-19, §7-25-20, §7-25-21, §7-25-22, §7-25-23, §7-25-24 and §7-25-25; and that §30-29-1 of said code be amended and reenacted, all to read as follows:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §7-25-1, §7-25-2, §7-25-3, §7-25-4, §7-25-5, §7-25-6, §7-25-7, §7-25-8, §7-25-9, §7-25-10, §7-25-11, §7-25-12, §7-25-13, §7-25-14, §7-25-15, §7-25-16, §7-25-17, §7-25-18, §7-25-19, §7-25-20, §7-25-21, §7-25-22, §7-25-23, §7-25-24 and §7-25-25; and that §30-29-1 of said code be amended and reenacted, all to read as follows:
ARTICLE 25. RESORT AREA
DISTRICTS.
§7-25-1. Short Title.
This article shall be known and cited as the “Resort Area District Act”.
This article shall be known and cited as the “Resort Area District Act”.
§7-25-2. Findings.
The Legislature finds that:
(a) West Virginia’s resorts and other recreational areas have an important role in the economy of the local areas surrounding their locations.
(b) West Virginia’s resorts and other recreational areas are often located in unincorporated areas and, as a consequence, such areas have less funding available to provide infrastructure and essential services within such areas.
(c) West Virginia’s resorts and other recreational areas derive the major portion of their economic well-being from businesses catering to the recreational and personal needs of persons traveling to or through the area.
(d) Better infrastructure and provision of essential services to West Virginia’s resorts and other recreational areas is likely to increase visits to such areas, which will result in greater economic development and job creation in such areas.
(e) This article is necessary for the public health, safety and welfare and economic development of West Virginia’s resorts and other recreational areas.
The Legislature finds that:
(a) West Virginia’s resorts and other recreational areas have an important role in the economy of the local areas surrounding their locations.
(b) West Virginia’s resorts and other recreational areas are often located in unincorporated areas and, as a consequence, such areas have less funding available to provide infrastructure and essential services within such areas.
(c) West Virginia’s resorts and other recreational areas derive the major portion of their economic well-being from businesses catering to the recreational and personal needs of persons traveling to or through the area.
(d) Better infrastructure and provision of essential services to West Virginia’s resorts and other recreational areas is likely to increase visits to such areas, which will result in greater economic development and job creation in such areas.
(e) This article is necessary for the public health, safety and welfare and economic development of West Virginia’s resorts and other recreational areas.
§7-25-3.
Definitions.
For purposes of this article:
(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 herefore or protecting such property and administrative expenses thereto, which fee is in addition to all taxes and other fees levied on the property.
(b) “Assessment bonds” means special obligation bonds or notes issued by a resort area district which are payable from the proceeds of assessments.
(c) “Board” means a resort area board created pursuant to this article.
(d) “Code” means the Code of West Virginia, 1931, as amended by the Legislature.
(e) “Cost” means the cost of:
(1) Providing services within a resort area district;
(2) Construction, reconstruction, renovation and acquisition of all lands, structures, real or personal property, rights, rights-of-way, franchises, easements and interests acquired or to be acquired by a resort area district;
(3) All machinery and equipment, including machinery and equipment needed to provide, expand or enhance services to a resort area district;
(4) Financing charges and interest prior to and during construction and, if deemed advisable by a resort area district, for a limited period after completion of construction;
(5) Interest and reserves for principal and interest, including costs of bond insurance and any other type of financial guarantee;
(6) Costs of issuance in connection with the issuance of assessment bonds or resort service fee bonds;
(7) The design of extensions, enlargements, additions and improvements to the facilities of a resort area district;
(8) Architectural, engineering, financial and legal services;
(9) Plans, specifications, studies, surveys and estimates of costs and revenues;
(10) Administrative expenses necessary or incident to any project or service; and
(11) Other expenses as may be necessary or incident to the provision of services or the construction, acquisition and financing of a project.
(f) “Governing body” means the county commission of a county.
(g) “Governmental agency” means the state government or any agency, department, division or unit thereof; counties; municipalities; any watershed enhancement districts, soil conservation districts, sanitary districts, public service districts, drainage districts, school districts, urban renewal authorities or regional governmental authorities established pursuant to this code.
(h) “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: Provided, That the holder or holders of a deed of trust shall not be considered a landowner or owner of real property.
(i) “Parcel” shall mean:
(1) A lot or parcel of real property as set forth on a plat covering such real property, or, in the event no plat exists, as set forth on the tax maps of a county; or
(2) A unit within a multiunit property.
(j) “Person” means an individual, firm, partnership, corporation, limited liability company, voluntary association or any other type of entity.
(k) “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, herefore, 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; and the term shall mean and include any project as a whole, and all integral parts thereof, including all necessary, appropriate, useful, convenient or incidental appurtenances and equipment in connection with any one or more of the above: Provided, That a project shall not include a ski lift or ski slope.
(l) “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. For purposes of this article, the purchase price of a good or service shall not include the taxes levied under articles fifteen or fifteen-a of chapter eleven of this code or any other provision of law.
(m) “Ranger” means a resort area ranger.
(n) “Resort area” means an area that:
(1) Is an unincorporated area with a contiguous geographic boundary within one county that has been defined by the process set forth in this article;
(2) Has a permanent population of less than two thousand people, according to the most recent federal census;
(3) Derives the major portion of its economic well-being from businesses catering to the recreational and personal needs of persons traveling to or through the area;
(4) Is a destination location containing each of the following:
(i) Residential, improved real property;
(ii) One or more resort operators;
(iii) Commercial business properties such as retail stores, restaurants and hotels or other lodging accommodations; and
(iv) Unimproved real property which remains developable;
(5) Does not include real property primarily used for manufacturing, milling, converting, producing, processing or fabricating materials, generating electricity or the extraction or processing of minerals.
(o) “Resort area district” or “district” means a resort area district created pursuant to this article.
(p) “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 or boating to the general public.
(q) “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:
(1) Hotels, motels, campgrounds, lodges and other lodging or camping facilities;
(2) Restaurants, fast-food stores, and other food service establishments selling prepared foods;
(3) Taverns, bars, nightclubs, lounges and other public establishments that serve beer, wine, liquor or other alcoholic beverages by the drink;
(4) Retail establishments;
(5) Entertainment facilities, including, but not limited to, theaters, amphitheaters, halls and stadiums; and
(6) Recreational facilities and activities, including, but not limited to, ski resorts, golf courses, water sports, rafting, canoeing, kayaking, rock climbing and zip lines.
© “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) “Service” includes, but is not limited to, snow removal; operation and maintenance of public transportation; maintenance, upgrade and beautification of public common areas; maintenance and repair of roads and sidewalks; providing for the collection and disposal of garbage and other refuse matter; recycling; operation, upgrade and maintenance of any projects or improvements; and any other public service authorized by this article. For purposes of this article, a common area shall not include a ski slope.
(t) “Sheriff” means the sheriff of the county in which a resort area district is located.
For purposes of this article:
(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 herefore or protecting such property and administrative expenses thereto, which fee is in addition to all taxes and other fees levied on the property.
(b) “Assessment bonds” means special obligation bonds or notes issued by a resort area district which are payable from the proceeds of assessments.
(c) “Board” means a resort area board created pursuant to this article.
(d) “Code” means the Code of West Virginia, 1931, as amended by the Legislature.
(e) “Cost” means the cost of:
(1) Providing services within a resort area district;
(2) Construction, reconstruction, renovation and acquisition of all lands, structures, real or personal property, rights, rights-of-way, franchises, easements and interests acquired or to be acquired by a resort area district;
(3) All machinery and equipment, including machinery and equipment needed to provide, expand or enhance services to a resort area district;
(4) Financing charges and interest prior to and during construction and, if deemed advisable by a resort area district, for a limited period after completion of construction;
(5) Interest and reserves for principal and interest, including costs of bond insurance and any other type of financial guarantee;
(6) Costs of issuance in connection with the issuance of assessment bonds or resort service fee bonds;
(7) The design of extensions, enlargements, additions and improvements to the facilities of a resort area district;
(8) Architectural, engineering, financial and legal services;
(9) Plans, specifications, studies, surveys and estimates of costs and revenues;
(10) Administrative expenses necessary or incident to any project or service; and
(11) Other expenses as may be necessary or incident to the provision of services or the construction, acquisition and financing of a project.
(f) “Governing body” means the county commission of a county.
(g) “Governmental agency” means the state government or any agency, department, division or unit thereof; counties; municipalities; any watershed enhancement districts, soil conservation districts, sanitary districts, public service districts, drainage districts, school districts, urban renewal authorities or regional governmental authorities established pursuant to this code.
(h) “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: Provided, That the holder or holders of a deed of trust shall not be considered a landowner or owner of real property.
(i) “Parcel” shall mean:
(1) A lot or parcel of real property as set forth on a plat covering such real property, or, in the event no plat exists, as set forth on the tax maps of a county; or
(2) A unit within a multiunit property.
(j) “Person” means an individual, firm, partnership, corporation, limited liability company, voluntary association or any other type of entity.
(k) “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, herefore, 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; and the term shall mean and include any project as a whole, and all integral parts thereof, including all necessary, appropriate, useful, convenient or incidental appurtenances and equipment in connection with any one or more of the above: Provided, That a project shall not include a ski lift or ski slope.
(l) “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. For purposes of this article, the purchase price of a good or service shall not include the taxes levied under articles fifteen or fifteen-a of chapter eleven of this code or any other provision of law.
(m) “Ranger” means a resort area ranger.
(n) “Resort area” means an area that:
(1) Is an unincorporated area with a contiguous geographic boundary within one county that has been defined by the process set forth in this article;
(2) Has a permanent population of less than two thousand people, according to the most recent federal census;
(3) Derives the major portion of its economic well-being from businesses catering to the recreational and personal needs of persons traveling to or through the area;
(4) Is a destination location containing each of the following:
(i) Residential, improved real property;
(ii) One or more resort operators;
(iii) Commercial business properties such as retail stores, restaurants and hotels or other lodging accommodations; and
(iv) Unimproved real property which remains developable;
(5) Does not include real property primarily used for manufacturing, milling, converting, producing, processing or fabricating materials, generating electricity or the extraction or processing of minerals.
(o) “Resort area district” or “district” means a resort area district created pursuant to this article.
(p) “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 or boating to the general public.
(q) “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:
(1) Hotels, motels, campgrounds, lodges and other lodging or camping facilities;
(2) Restaurants, fast-food stores, and other food service establishments selling prepared foods;
(3) Taverns, bars, nightclubs, lounges and other public establishments that serve beer, wine, liquor or other alcoholic beverages by the drink;
(4) Retail establishments;
(5) Entertainment facilities, including, but not limited to, theaters, amphitheaters, halls and stadiums; and
(6) Recreational facilities and activities, including, but not limited to, ski resorts, golf courses, water sports, rafting, canoeing, kayaking, rock climbing and zip lines.
© “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) “Service” includes, but is not limited to, snow removal; operation and maintenance of public transportation; maintenance, upgrade and beautification of public common areas; maintenance and repair of roads and sidewalks; providing for the collection and disposal of garbage and other refuse matter; recycling; operation, upgrade and maintenance of any projects or improvements; and any other public service authorized by this article. For purposes of this article, a common area shall not include a ski slope.
(t) “Sheriff” means the sheriff of the county in which a resort area district is located.
§7-25-4. Power and
authority of county commissions to create and establish resort area districts.
(a) Every county is hereby empowered and authorized, in addition to any other rights, powers and authority conferred upon it elsewhere in this code, to create, modify and expand resort area districts within that county in the manner hereinafter set forth and to assist in the provision of services and development, construction, acquisition, extension or improvement of a project or projects located within a resort area district.
(b) Unless agreed to by each affected municipality, the power and authority hereby conferred on a county shall not extend into territory within the boundaries of any municipality: Provided, That notwithstanding any provision in this code to the contrary, the power and authority hereby conferred on counties may extend within the territory of a public service district created under section two, article thirteen-a, chapter sixteen of this code.
(a) Every county is hereby empowered and authorized, in addition to any other rights, powers and authority conferred upon it elsewhere in this code, to create, modify and expand resort area districts within that county in the manner hereinafter set forth and to assist in the provision of services and development, construction, acquisition, extension or improvement of a project or projects located within a resort area district.
(b) Unless agreed to by each affected municipality, the power and authority hereby conferred on a county shall not extend into territory within the boundaries of any municipality: Provided, That notwithstanding any provision in this code to the contrary, the power and authority hereby conferred on counties may extend within the territory of a public service district created under section two, article thirteen-a, chapter sixteen of this code.
§7-25-5. Petition for creation or
expansion of resort area district; petition requirements.
(a) The owners of at least sixty-one percent of the real property, determined by acreage, located within the boundaries of the resort area described in the petition, by metes and bounds or otherwise in a manner sufficient to describe the area, may petition a governing body to create or expand a resort area district.
(b) The petition for the creation or expansion of a resort area district shall include, where applicable, the following:
(1) The proposed name and proposed boundaries of such district and a list of the names and addresses of all owners of real property within the proposed district;
(2) A description of proposed projects and services to be provided within the district;
(3) A map showing the proposed resort area to be included in the resort area district;
(4) A list of estimated project and service costs;
(5) A feasibility or consultant study concerning the formation of the proposed district and the funds to be generated by the implementation of a resort service fee and indicating that the proposed resort service fee will provide sufficient revenue for proposed services and projects;
(6) The proposed rate or rates, not to exceed five percent of the purchase price, of the resort service fee and the proposed classes of goods and services to which each rate shall apply;
(7) The proposed effective date of the resort service fee;
(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 twelve 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;
(9) A development schedule; and
(10) A statement of the benefits that can be expected from the creation of the district.
(c) Within sixty days of the submission of a petition for the creation of a resort area district, the governing body shall by order determine the completeness of the petition. If the governing body determines that the petition is complete, it shall set a date for the public meeting required under section six of this article and shall cause the petition to be filed with the clerk of the governing body and be made available for inspection by interested persons before the meeting. If the governing body determines that such petition is not complete, the petition shall be returned to the petitioners with a statement of additional information required for such petition to be complete.
(a) The owners of at least sixty-one percent of the real property, determined by acreage, located within the boundaries of the resort area described in the petition, by metes and bounds or otherwise in a manner sufficient to describe the area, may petition a governing body to create or expand a resort area district.
(b) The petition for the creation or expansion of a resort area district shall include, where applicable, the following:
(1) The proposed name and proposed boundaries of such district and a list of the names and addresses of all owners of real property within the proposed district;
(2) A description of proposed projects and services to be provided within the district;
(3) A map showing the proposed resort area to be included in the resort area district;
(4) A list of estimated project and service costs;
(5) A feasibility or consultant study concerning the formation of the proposed district and the funds to be generated by the implementation of a resort service fee and indicating that the proposed resort service fee will provide sufficient revenue for proposed services and projects;
(6) The proposed rate or rates, not to exceed five percent of the purchase price, of the resort service fee and the proposed classes of goods and services to which each rate shall apply;
(7) The proposed effective date of the resort service fee;
(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 twelve 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;
(9) A development schedule; and
(10) A statement of the benefits that can be expected from the creation of the district.
(c) Within sixty days of the submission of a petition for the creation of a resort area district, the governing body shall by order determine the completeness of the petition. If the governing body determines that the petition is complete, it shall set a date for the public meeting required under section six of this article and shall cause the petition to be filed with the clerk of the governing body and be made available for inspection by interested persons before the meeting. If the governing body determines that such petition is not complete, the petition shall be returned to the petitioners with a statement of additional information required for such petition to be complete.
§7-25-6. Notice to
property owners before creation or expansion of resort area district; form of
notice; affidavit of publication.
(a) Before the adoption of an order creating a resort area district, the governing body shall cause notice to be given to the owners of real property located within the proposed resort area district that such order will be considered for adoption at a public meeting of the governing body 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 order. 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 deem appropriate after taking into account any comments received at such meeting.
(b) A resort area district may not be created by a governing body if, at the public meeting required by this section, written protest is filed by at least twenty-five percent of the owners of real property proposed to be included within the district. In the event of a such protest, the petition for the creation of the resort area district may not be resubmitted to the governing body for a period of at least one year from the date of the original submission.
(c) At least sixty days prior to the date of the meeting the notice required by this section shall, using reasonable efforts, be mailed to each owner of real property to be included in the proposed resort area district as provided in subsection (g) of this section, posted in multiple, conspicuous public locations within such proposed district and published 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 such publication shall be the county in which the proposed resort area district is located. The notice shall be in the form of, or substantially in the form of, the following notice:
“NOTICE TO ALL PERSONS OWNING PROPERTY LOCATED WITHIN ?????? (here describe the boundaries of the proposed resort area district) IN THE COUNTY OF ????? (name of county):
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 eight, chapter five-b of the code of West Virginia, 1931, as amended, to ????? (describe potential projects and/or services to be provided) in the county of ????? (name of county) as the county commission may deem proper. A copy of the petition is available in the office of the clerk of the county commission of the County of ?????? (name of county) for review by the public during regular office hours.
The petition to create a resort area district will be considered by the county commission at a public meeting to be held on the ?? day of ??????, ???????, at ? m. at ?????????????? Any owner of real property whose property may be affected by the creation of the above-described resort area district, and any owner of real property whose property is not located within said resort area district but wishes his or her property to be included, will be given an opportunity, under oath, to protest or be heard at said meeting or any adjournment thereof:
??????????? (name of clerk)”
(a) Before the adoption of an order creating a resort area district, the governing body shall cause notice to be given to the owners of real property located within the proposed resort area district that such order will be considered for adoption at a public meeting of the governing body 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 order. 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 deem appropriate after taking into account any comments received at such meeting.
(b) A resort area district may not be created by a governing body if, at the public meeting required by this section, written protest is filed by at least twenty-five percent of the owners of real property proposed to be included within the district. In the event of a such protest, the petition for the creation of the resort area district may not be resubmitted to the governing body for a period of at least one year from the date of the original submission.
(c) At least sixty days prior to the date of the meeting the notice required by this section shall, using reasonable efforts, be mailed to each owner of real property to be included in the proposed resort area district as provided in subsection (g) of this section, posted in multiple, conspicuous public locations within such proposed district and published 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 such publication shall be the county in which the proposed resort area district is located. The notice shall be in the form of, or substantially in the form of, the following notice:
“NOTICE TO ALL PERSONS OWNING PROPERTY LOCATED WITHIN ?????? (here describe the boundaries of the proposed resort area district) IN THE COUNTY OF ????? (name of county):
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 eight, chapter five-b of the code of West Virginia, 1931, as amended, to ????? (describe potential projects and/or services to be provided) in the county of ????? (name of county) as the county commission may deem proper. A copy of the petition is available in the office of the clerk of the county commission of the County of ?????? (name of county) for review by the public during regular office hours.
The petition to create a resort area district will be considered by the county commission at a public meeting to be held on the ?? day of ??????, ???????, at ? m. at ?????????????? Any owner of real property whose property may be affected by the creation of the above-described resort area district, and any owner of real property whose property is not located within said resort area district but wishes his or her property to be included, will be given an opportunity, under oath, to protest or be heard at said meeting or any adjournment thereof:
??????????? (name of clerk)”
(d) An affidavit of publication of the notice made by newspaper publisher, or a person authorized to do so on behalf of such publisher, and a copy of the notice shall be made part of the minutes of the governing body and spread on its records of the meeting described in the notice. The service of said notice upon all persons owning any interest in any real property located within the proposed resort area district shall conclusively be deemed to have been given upon completion of mailing as provided in subsection (g) of this section and such newspaper publication.
(e) The petitioners shall bear the expense of publication of the notice, the meeting and the mailing of the proposed order, as requested by subsection (f) of this section.
(f) After the public meeting and before the governing body may adopt an order creating a resort area district, the governing body shall, using reasonable efforts, mail a true copy of the proposed order creating the resort area district to the owners of real property in the proposed district as provided in subsection (g) of this section and shall post copies of such proposed order in multiple, conspicuous public locations within such proposed district. Unless waived in writing, any petitioning owner of real property shall have thirty days from mailing of the proposed order in which to withdraw his or her signature from the petition in writing prior to the vote of the governing body on such order. If any signatures on the petition are so withdrawn, the governing body may adopt the proposed order only upon certification by the petitioners that the petition otherwise continues to meet the requirements of this article. If all petitioning owners of real property waive the right to withdraw their signatures from the petition, then the governing body may immediately adopt the order.
(g) For purposes of the mailing of each notice to owners of real property required by this section, reasonable efforts shall be made to mail such notice to all owners of real property proposed to be included within such resort area district using the real property tax records and land books of the county in which such proposed district is located and any lists maintained by a resort operator or homeowners association within such proposed district. Such notice shall be also mailed to each president of a homeowners association, if any, located within a proposed district which has registered with a resort operator to receive such information. Immaterial defects in the mailing of such notices shall not affect the validity of such notices.
§7-25-7. Creation of resort area
district; resort area district to be a public corporation and political
subdivision.
(a) Each resort area district shall be created by adoption of an order by the governing body.
(b) From and after the date of the adoption of the order creating a resort area district, it shall thereafter be a public corporation and political subdivision of the state, but without any power to levy or collect ad valorem taxes.
(a) Each resort area district shall be created by adoption of an order by the governing body.
(b) From and after the date of the adoption of the order creating a resort area district, it shall thereafter be a public corporation and political subdivision of the state, but without any power to levy or collect ad valorem taxes.
§7-25-8. Powers of
resort area district.
_____Each resort area district may:
_____(a) Have and use a corporate seal, and alter the same;
_____(b) Sue and be sued, and be a party to suits, actions and proceedings;
_____(c) Purchase insurance;
_____(d) Enter into agreements, contracts or other transactions with any person or governmental agency necessary or incident to the provision of services or the development, planning, construction, acquisition or improvement of a project or for the operation, maintenance or disposition of a project or for any other services required by a project, or to carry out any purposes of the district;
_____(e) Establish a bank account or accounts in its name;
_____(f) Design, plan, finance, develop, construct, acquire, extend, improve and complete a project or projects;
_____(g) Upon following the procedures set forth in this article, assess the cost of all or any portion of a project on real property located within the resort area district;
_____(h) Accept from any public or private source appropriations, grants, gifts, bequests, devises, loans, contributions and any other benefits available for use in furtherance of district purposes, and to use or dispose of the same to carry out district purposes;
_____(i) Expend funds to pay the costs of providing services within the district and to acquire, or construct part of a project on property located within or outside of a district, and for any work undertaken thereon, as may be necessary or incident to the completion of a project;
_____(j) Enter into agreements with the county within which the resort area district is located to plan, develop, construct, acquire or improve a project jointly;
_____(k) Borrow money and incur indebtedness and other obligations and evidence the same by certificates, notes or debentures;
_____(l) Raise funds by the issuance and sale of assessment bonds and resort service fee bonds;
_____(m) Annually, on or before June 7, certify to the sheriff of the county in which the property is located the assessments granted against all property in the district for inclusion in the tax ticket;
_____(n) Charge interest and levy fines and penalties on unpaid assessments;
_____(o) Create and enforce liens for unpaid assessments;
_____(p) Adopt bylaws not inconsistent with law;
_____(q) Implement, administer and collect a resort service fee for the purpose of providing funds for the provision of services and to design, plan, finance, develop, construct, acquire, extend, improve and complete a project or projects within a resort area district;
_____(r) Acquire, own or hold, in its corporate name, real or personal property, including easements and rights-of-way, by purchase, lease, gift or otherwise, within or without a resort area district for district purposes, as well as obtain options for the acquisition of real property;
_____(s) Provide services necessary to protect the health and welfare of residents in a resort area district and the value of property therein and to enter into agreements with any governmental agency, public or private agency, institution or person for the furnishing of such services;
_____(t) Provide for the public safety, including the appointment of resort area rangers;
_____(u) Provide for public recreation by means of parks, including, but not limited to, playgrounds, golf courses, swimming pools, skating rinks or recreation buildings;
_____(v) Provide for the opening, widening, extending, straightening and surfacing in whole, or in part of, any street and snow removal or clearance for the same or other roads or streets;
_____(w) Provide for the construction and improvement of street lights, bridges, culverts, curbs, gutters, drains and works incidental to any street improvement; and
_____(x) Do any and all other things necessary to carry out the purposes of this article and not in violation of the Constitution of this state as may be necessary or incident to the provision of services or the construction and completion of a project.
_____Each resort area district may:
_____(a) Have and use a corporate seal, and alter the same;
_____(b) Sue and be sued, and be a party to suits, actions and proceedings;
_____(c) Purchase insurance;
_____(d) Enter into agreements, contracts or other transactions with any person or governmental agency necessary or incident to the provision of services or the development, planning, construction, acquisition or improvement of a project or for the operation, maintenance or disposition of a project or for any other services required by a project, or to carry out any purposes of the district;
_____(e) Establish a bank account or accounts in its name;
_____(f) Design, plan, finance, develop, construct, acquire, extend, improve and complete a project or projects;
_____(g) Upon following the procedures set forth in this article, assess the cost of all or any portion of a project on real property located within the resort area district;
_____(h) Accept from any public or private source appropriations, grants, gifts, bequests, devises, loans, contributions and any other benefits available for use in furtherance of district purposes, and to use or dispose of the same to carry out district purposes;
_____(i) Expend funds to pay the costs of providing services within the district and to acquire, or construct part of a project on property located within or outside of a district, and for any work undertaken thereon, as may be necessary or incident to the completion of a project;
_____(j) Enter into agreements with the county within which the resort area district is located to plan, develop, construct, acquire or improve a project jointly;
_____(k) Borrow money and incur indebtedness and other obligations and evidence the same by certificates, notes or debentures;
_____(l) Raise funds by the issuance and sale of assessment bonds and resort service fee bonds;
_____(m) Annually, on or before June 7, certify to the sheriff of the county in which the property is located the assessments granted against all property in the district for inclusion in the tax ticket;
_____(n) Charge interest and levy fines and penalties on unpaid assessments;
_____(o) Create and enforce liens for unpaid assessments;
_____(p) Adopt bylaws not inconsistent with law;
_____(q) Implement, administer and collect a resort service fee for the purpose of providing funds for the provision of services and to design, plan, finance, develop, construct, acquire, extend, improve and complete a project or projects within a resort area district;
_____(r) Acquire, own or hold, in its corporate name, real or personal property, including easements and rights-of-way, by purchase, lease, gift or otherwise, within or without a resort area district for district purposes, as well as obtain options for the acquisition of real property;
_____(s) Provide services necessary to protect the health and welfare of residents in a resort area district and the value of property therein and to enter into agreements with any governmental agency, public or private agency, institution or person for the furnishing of such services;
_____(t) Provide for the public safety, including the appointment of resort area rangers;
_____(u) Provide for public recreation by means of parks, including, but not limited to, playgrounds, golf courses, swimming pools, skating rinks or recreation buildings;
_____(v) Provide for the opening, widening, extending, straightening and surfacing in whole, or in part of, any street and snow removal or clearance for the same or other roads or streets;
_____(w) Provide for the construction and improvement of street lights, bridges, culverts, curbs, gutters, drains and works incidental to any street improvement; and
_____(x) Do any and all other things necessary to carry out the purposes of this article and not in violation of the Constitution of this state as may be necessary or incident to the provision of services or the construction and completion of a project.
§7-25-9. Official
name of resort area districts.
_____The official name of a resort area district created under the provisions of this article may contain the name of the resort area or county in which it is located.
_____The official name of a resort area district created under the provisions of this article may contain the name of the resort area or county in which it is located.
§7-25-10. Resort
area boards.
_____(a) The powers of each resort area district shall be vested in and exercised by a resort area board which shall be composed of seven members, the composition of which shall be as set forth in subsection (b) of this section. Board members need not be residents of the district or landowners, except where specifically required otherwise. For purposes of this section, “residential, improved real property” includes, but is not limited to, condominium units, townhouses and single-family residences.
_____(b) The composition of a resort area board shall be as follows:
_____(1) Three board members shall be owners of or representatives of owners of residential, improved real property located within the resort area district;
_____(2) Two board members shall be representatives of the resort operator or operators located within the resort area district;
_____(3) One board member shall be an owner or a representative of owners of commercial business property located within the resort area district; and
_____(4) One board member shall be an owner or a representative of owners of unimproved, developable real property located within the resort area district.
_____(c) For purposes of this section, if a parcel of real property is owned by one or more entities (such as a corporation, limited liability companies, or other entity), then the following are also eligible to serve on the board as an owner with respect to such parcel: (1) Any person having an ultimate beneficial interest in the parcel, whether directly or indirectly and regardless of the number of intermediate ownership entities; and (2) any person designated at the outset of the election as authorized, by an owning entity, to serve on the board as an owner for that particular parcel. Nothing in this provision, however, creates any additional voting rights to the owners of a single parcel of real property, and each parcel of real property shall be entitled to only one vote, regardless of the number of owners participating in ownership of the parcel. Furthermore, nothing in this provision authorizes the owners of real property of one type (such as the resort operator, owners of residential improved real estate, or owners of unimproved, developable real estate) to vote regarding a board position reserved to another ownership category.
_____(d) The board members shall be elected for terms of four years each and thereafter until their respective successors have been elected and have been qualified, except, that of the board members elected at the initial election meeting, two shall serve for a term of two years, two shall serve for a term of three years and three shall serve for a term of four years. At the first meeting of the board, the board members shall determine by lot which of them shall serve the terms less than four years. Each succeeding term is four years. Board members may be reelected for any number of terms. In the event a board member who is required to own real property within the district to be eligible for such board position no longer owns real property within the district, such member may serve out the remainder of his or her term.
_____(e) Only owners of real property, including owners of commercial business property, located within the district shall be eligible to vote in elections for board members.
_____(f) Elections for board members shall be held in accordance with bylaws adopted by the board, but section eleven of this article shall govern the initial election of board members. The voting restrictions set forth in subsections (d) and (e) of section eleven of this article 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 Constitution of this state. Vacancies shall be filled by appointment by the board for the unexpired term of the member whose office shall be vacant and such appointment shall be made within thirty days of the occurrence of such vacancy. Any such member may be removed by the board in case of incompetency, neglect of duty, gross immorality or malfeasance in office.
_____(h) The board shall organize within thirty days following the first election of board members and annually thereafter at its first meeting after January 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, 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. The secretary and treasurer shall perform such other duties pertaining to the affairs of the resort area district as shall be prescribed by the board.
_____(i) The initial board shall adopt bylaws for the district; Provided, That the adoption of such bylaws and any subsequent amendments thereto shall require approval by six sevenths of the board.
_____(j) 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. The board shall meet at least semiannually.
_____(k) A majority of the members of the board constitutes a quorum and meetings shall be held at the call of the chairman.
_____(l) Staff, office facilities and costs of operation of the board may be provided by the county which created the resort area district or by contract and said costs of operations shall be funded from resort service fees collected within the district or any other source.
_____(m) The chairman shall preside at all meetings of the board and shall vote as any other members of the board, but if he or she should be absent from any meeting the remaining members may select a temporary chairman, and if the member selected as chairman resigns as chairman or ceases for any reason to be a member of the board, the board shall select one of its members to serve as chairman until the next annual organizational meeting.
_____(n) The board shall, by resolution, determine its own rules of procedure, fix the time and place of its meetings and the manner in which special meeting may be called. The members of the board shall not be personally liable or responsible for any obligations of the resort area district or the board but are answerable only for willful misconduct in the performance of their duties.
_____(o) The members of the board shall serve without compensation but shall receive reimbursement for actual and necessary expenses incurred in connection with the performance of their duties.
_____(p) Every board member who handles public funds or property, and every other officer or employee of a resort area district of whom it shall be required, shall, unless otherwise provided by law, give bond, with good security, to be approved by the board, and in such penalty as such board, conditioned upon the faithful discharge of the duties of his or her office or employment and the faithful accounting for and paying over, as required by law, of any funds or property coming into his or her possession.
_____(a) The powers of each resort area district shall be vested in and exercised by a resort area board which shall be composed of seven members, the composition of which shall be as set forth in subsection (b) of this section. Board members need not be residents of the district or landowners, except where specifically required otherwise. For purposes of this section, “residential, improved real property” includes, but is not limited to, condominium units, townhouses and single-family residences.
_____(b) The composition of a resort area board shall be as follows:
_____(1) Three board members shall be owners of or representatives of owners of residential, improved real property located within the resort area district;
_____(2) Two board members shall be representatives of the resort operator or operators located within the resort area district;
_____(3) One board member shall be an owner or a representative of owners of commercial business property located within the resort area district; and
_____(4) One board member shall be an owner or a representative of owners of unimproved, developable real property located within the resort area district.
_____(c) For purposes of this section, if a parcel of real property is owned by one or more entities (such as a corporation, limited liability companies, or other entity), then the following are also eligible to serve on the board as an owner with respect to such parcel: (1) Any person having an ultimate beneficial interest in the parcel, whether directly or indirectly and regardless of the number of intermediate ownership entities; and (2) any person designated at the outset of the election as authorized, by an owning entity, to serve on the board as an owner for that particular parcel. Nothing in this provision, however, creates any additional voting rights to the owners of a single parcel of real property, and each parcel of real property shall be entitled to only one vote, regardless of the number of owners participating in ownership of the parcel. Furthermore, nothing in this provision authorizes the owners of real property of one type (such as the resort operator, owners of residential improved real estate, or owners of unimproved, developable real estate) to vote regarding a board position reserved to another ownership category.
_____(d) The board members shall be elected for terms of four years each and thereafter until their respective successors have been elected and have been qualified, except, that of the board members elected at the initial election meeting, two shall serve for a term of two years, two shall serve for a term of three years and three shall serve for a term of four years. At the first meeting of the board, the board members shall determine by lot which of them shall serve the terms less than four years. Each succeeding term is four years. Board members may be reelected for any number of terms. In the event a board member who is required to own real property within the district to be eligible for such board position no longer owns real property within the district, such member may serve out the remainder of his or her term.
_____(e) Only owners of real property, including owners of commercial business property, located within the district shall be eligible to vote in elections for board members.
_____(f) Elections for board members shall be held in accordance with bylaws adopted by the board, but section eleven of this article shall govern the initial election of board members. The voting restrictions set forth in subsections (d) and (e) of section eleven of this article 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 Constitution of this state. Vacancies shall be filled by appointment by the board for the unexpired term of the member whose office shall be vacant and such appointment shall be made within thirty days of the occurrence of such vacancy. Any such member may be removed by the board in case of incompetency, neglect of duty, gross immorality or malfeasance in office.
_____(h) The board shall organize within thirty days following the first election of board members and annually thereafter at its first meeting after January 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, 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. The secretary and treasurer shall perform such other duties pertaining to the affairs of the resort area district as shall be prescribed by the board.
_____(i) The initial board shall adopt bylaws for the district; Provided, That the adoption of such bylaws and any subsequent amendments thereto shall require approval by six sevenths of the board.
_____(j) 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. The board shall meet at least semiannually.
_____(k) A majority of the members of the board constitutes a quorum and meetings shall be held at the call of the chairman.
_____(l) Staff, office facilities and costs of operation of the board may be provided by the county which created the resort area district or by contract and said costs of operations shall be funded from resort service fees collected within the district or any other source.
_____(m) The chairman shall preside at all meetings of the board and shall vote as any other members of the board, but if he or she should be absent from any meeting the remaining members may select a temporary chairman, and if the member selected as chairman resigns as chairman or ceases for any reason to be a member of the board, the board shall select one of its members to serve as chairman until the next annual organizational meeting.
_____(n) The board shall, by resolution, determine its own rules of procedure, fix the time and place of its meetings and the manner in which special meeting may be called. The members of the board shall not be personally liable or responsible for any obligations of the resort area district or the board but are answerable only for willful misconduct in the performance of their duties.
_____(o) The members of the board shall serve without compensation but shall receive reimbursement for actual and necessary expenses incurred in connection with the performance of their duties.
_____(p) Every board member who handles public funds or property, and every other officer or employee of a resort area district of whom it shall be required, shall, unless otherwise provided by law, give bond, with good security, to be approved by the board, and in such penalty as such board, conditioned upon the faithful discharge of the duties of his or her office or employment and the faithful accounting for and paying over, as required by law, of any funds or property coming into his or her possession.
§7-25-11. Election procedure for
initial members of resort area board.
_____(a) Within ninety days of the adoption of the order creating the resort area district, a public meeting shall be held at which elections for the initial members of the board shall be held. Such meeting shall be held at a location within the district not less than twenty days after the publication of the notice required by subsection (b) of this section.
_____(b) Prior to the meeting required by this section, the petitioners for the creation of the resort area district shall, using reasonable efforts, cause notice of the initial election meeting to be given to all owners of real property, including owners of commercial business property, located within the district. Such notice shall be mailed to each owner of real property included in the resort area district as provided in subsection (h) of this section, posted in multiple, conspicuous public locations within such district and published at least thirty days prior to the date of the meeting 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 such publication shall be the resort area district. The notice shall provide, at a minimum, the following information:
_____(1) The purpose of the meeting;
_____(2) Descriptions of the board positions;
_____(3) A statement that only owners of real property, including owners of commercial business property, located within the district are eligible to vote in such election;
_____(4) The location of the meeting; and
_____(5) The date and time of the meeting.
_____(c) At the meeting required by this section, nominations shall be made for each board position. Persons nominated for board positions shall meet the criteria provided for each board position as set forth in subsection (b), section ten of this article. Nominations shall be made for each board position in the following manner:
_____(1) Only owners of residential, improved real property located within the resort area district may nominate persons for the three board positions provided for owners of or representatives of owners of residential, improved real property located within the resort area district;
_____(2) Only representatives of the resort operator or resort operators may nominate persons for the two board positions provided for representatives of the resort operator or resort operators located within the resort area district;
_____(3) Only owners of commercial business property located within the resort area district may nominate persons for the board position provided for an owner of or a representative of owners of commercial business property located within the resort area district; and
_____(4) Only owners of unimproved, developable real property located within the resort area district may nominate persons for the board position provided for an owner of or a representative of owners of unimproved, developable real property located within the resort area district.
_____(d) Following board member nominations, a vote shall be taken by written ballot for board members to be elected. Voting shall occur in the following manner:
_____(1) Only owners of residential, improved real property located within the resort area district may vote for the three board positions provided for owners of or representatives of owners of residential, improved real property located within the resort area district. Each owner is entitled to one vote per unit or parcel of residential, improved real property he or she owns;
_____(2) Only a representative of each resort operator may vote for the two board positions provided for representatives of the resort operator or resort operators located within the resort area district;
_____(3) Only owners of commercial business property located within the resort area district may vote for the board position provided for an owner of or a representative of owners of commercial business property located within the resort area district. Each owner is entitled to one vote per unit of commercial business property he or she owns; and
_____(4) Only owners of unimproved, developable real property located within the resort area may vote for the board position provided for an owner of or a representative of owners of unimproved, developable real property located within the resort area district. Each owner is entitled to one vote per parcel of unimproved, developable real property that he or she owns.
_____(e) For purposes of voting:
_____(1) The owners of each parcel or unit of real property are entitled one vote, irrespective of the number of owners of such parcel or unity;
_____(2) Fractional voting shall not be permitted; and
_____(3) The vote pertaining to a parcel or unit shall be cast in accordance with the direction of the person or persons holding the majority interest in such parcel or unit, and in the event there is no majority, such vote shall be forfeited.
_____(f) Each board member shall be elected by a majority of the votes cast for such board position.
_____(g) The petitioners for the creation of the resort area district shall be responsible for the costs of the initial election and meeting required by this section.
_____(h) For purposes of the mailing of notice to owners of real property required by this section, reasonable efforts shall be made to mail such notice to all owners of real property included within such resort area district using the real property tax records and land books of the county in which such district is located and any lists maintained by a resort operator or homeowners association within such district. Such notice shall be also mailed to each president of a homeowners association, if any, located within a district which has registered with a resort operator to receive such information. Immaterial defects in the mailing of such notices shall not affect the validity of such notices.
_____(a) Within ninety days of the adoption of the order creating the resort area district, a public meeting shall be held at which elections for the initial members of the board shall be held. Such meeting shall be held at a location within the district not less than twenty days after the publication of the notice required by subsection (b) of this section.
_____(b) Prior to the meeting required by this section, the petitioners for the creation of the resort area district shall, using reasonable efforts, cause notice of the initial election meeting to be given to all owners of real property, including owners of commercial business property, located within the district. Such notice shall be mailed to each owner of real property included in the resort area district as provided in subsection (h) of this section, posted in multiple, conspicuous public locations within such district and published at least thirty days prior to the date of the meeting 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 such publication shall be the resort area district. The notice shall provide, at a minimum, the following information:
_____(1) The purpose of the meeting;
_____(2) Descriptions of the board positions;
_____(3) A statement that only owners of real property, including owners of commercial business property, located within the district are eligible to vote in such election;
_____(4) The location of the meeting; and
_____(5) The date and time of the meeting.
_____(c) At the meeting required by this section, nominations shall be made for each board position. Persons nominated for board positions shall meet the criteria provided for each board position as set forth in subsection (b), section ten of this article. Nominations shall be made for each board position in the following manner:
_____(1) Only owners of residential, improved real property located within the resort area district may nominate persons for the three board positions provided for owners of or representatives of owners of residential, improved real property located within the resort area district;
_____(2) Only representatives of the resort operator or resort operators may nominate persons for the two board positions provided for representatives of the resort operator or resort operators located within the resort area district;
_____(3) Only owners of commercial business property located within the resort area district may nominate persons for the board position provided for an owner of or a representative of owners of commercial business property located within the resort area district; and
_____(4) Only owners of unimproved, developable real property located within the resort area district may nominate persons for the board position provided for an owner of or a representative of owners of unimproved, developable real property located within the resort area district.
_____(d) Following board member nominations, a vote shall be taken by written ballot for board members to be elected. Voting shall occur in the following manner:
_____(1) Only owners of residential, improved real property located within the resort area district may vote for the three board positions provided for owners of or representatives of owners of residential, improved real property located within the resort area district. Each owner is entitled to one vote per unit or parcel of residential, improved real property he or she owns;
_____(2) Only a representative of each resort operator may vote for the two board positions provided for representatives of the resort operator or resort operators located within the resort area district;
_____(3) Only owners of commercial business property located within the resort area district may vote for the board position provided for an owner of or a representative of owners of commercial business property located within the resort area district. Each owner is entitled to one vote per unit of commercial business property he or she owns; and
_____(4) Only owners of unimproved, developable real property located within the resort area may vote for the board position provided for an owner of or a representative of owners of unimproved, developable real property located within the resort area district. Each owner is entitled to one vote per parcel of unimproved, developable real property that he or she owns.
_____(e) For purposes of voting:
_____(1) The owners of each parcel or unit of real property are entitled one vote, irrespective of the number of owners of such parcel or unity;
_____(2) Fractional voting shall not be permitted; and
_____(3) The vote pertaining to a parcel or unit shall be cast in accordance with the direction of the person or persons holding the majority interest in such parcel or unit, and in the event there is no majority, such vote shall be forfeited.
_____(f) Each board member shall be elected by a majority of the votes cast for such board position.
_____(g) The petitioners for the creation of the resort area district shall be responsible for the costs of the initial election and meeting required by this section.
_____(h) For purposes of the mailing of notice to owners of real property required by this section, reasonable efforts shall be made to mail such notice to all owners of real property included within such resort area district using the real property tax records and land books of the county in which such district is located and any lists maintained by a resort operator or homeowners association within such district. Such notice shall be also mailed to each president of a homeowners association, if any, located within a district which has registered with a resort operator to receive such information. Immaterial defects in the mailing of such notices shall not affect the validity of such notices.
§7-25-12. Resort area districts
authorized to levy resort service fee; procedure for implementation and
cessation of resort service fee; abstract and notice of implementing
resolution; rate of resort service fee; permissible uses; limitations on
imposition.
_____(a) Resort area districts are hereby authorized to impose a resort service fee within such district by following the procedures set forth in this section.
_____(b) No resort service fee shall be implemented within a resort area district without approval by six sevenths of the board. If six sevenths of the board has approved the implementation of a resort service fee, the board shall adopt a resolution specifying the following:
_____(1) The rate or rates of the resort service fee and the classes of goods and services to which each rate shall apply;
_____(2) The services and projects authorized to be funded from the proceeds of the resort service fee; and
_____(3) The effective date of the resort service fee: Provided, That the resort service fee shall not take effect less than ninety days following the adoption of the resolution.
_____(c) A board may repeal the resolution authorizing implementation of a resort service fee upon approval by six sevenths of the board: Provided, That such resolution may not be repealed if a district has outstanding resort service fee bonds and the terms of such bonds restrict the repeal of such resolution.
_____(d) After the adoption of a resolution regarding implementation of a resort service fee, an abstract of such resolution, determined by the board to contain sufficient information as to give notice of the contents of such resolution, and notice that such resolution has been adopted shall be posted in multiple, conspicuous public locations within such district and published 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 such publication shall be the resort area district.
_____(e) The rate of a resort service fee shall not exceed five percent of the purchase price of the goods or services upon which the resort service fee is levied: Provided, That a district may impose the resort service fee at a rate less than five percent.
_____(f) A resort area district may levy a resort service fee at different rates upon different classes of goods and services.
_____(g) The proceeds generated by a resort service fee shall solely be used for:
_____(1) Paying all or a portion of the costs of providing a service or services within the district; or
_____(2) Paying all or a portion of the costs of a project or projects, including payment of debt service on resort service fee bonds;
_____(3) However, a minimum of twenty-five percent of all service fees shall be placed in a reserve account and shall not be used except in compliance with the bylaws.
_____(h) A resort service fee shall not be imposed upon goods and
services sold for resale.
_____(a) Resort area districts are hereby authorized to impose a resort service fee within such district by following the procedures set forth in this section.
_____(b) No resort service fee shall be implemented within a resort area district without approval by six sevenths of the board. If six sevenths of the board has approved the implementation of a resort service fee, the board shall adopt a resolution specifying the following:
_____(1) The rate or rates of the resort service fee and the classes of goods and services to which each rate shall apply;
_____(2) The services and projects authorized to be funded from the proceeds of the resort service fee; and
_____(3) The effective date of the resort service fee: Provided, That the resort service fee shall not take effect less than ninety days following the adoption of the resolution.
_____(c) A board may repeal the resolution authorizing implementation of a resort service fee upon approval by six sevenths of the board: Provided, That such resolution may not be repealed if a district has outstanding resort service fee bonds and the terms of such bonds restrict the repeal of such resolution.
_____(d) After the adoption of a resolution regarding implementation of a resort service fee, an abstract of such resolution, determined by the board to contain sufficient information as to give notice of the contents of such resolution, and notice that such resolution has been adopted shall be posted in multiple, conspicuous public locations within such district and published 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 such publication shall be the resort area district.
_____(e) The rate of a resort service fee shall not exceed five percent of the purchase price of the goods or services upon which the resort service fee is levied: Provided, That a district may impose the resort service fee at a rate less than five percent.
_____(f) A resort area district may levy a resort service fee at different rates upon different classes of goods and services.
_____(g) The proceeds generated by a resort service fee shall solely be used for:
_____(1) Paying all or a portion of the costs of providing a service or services within the district; or
_____(2) Paying all or a portion of the costs of a project or projects, including payment of debt service on resort service fee bonds;
_____(3) However, a minimum of twenty-five percent of all service fees shall be placed in a reserve account and shall not be used except in compliance with the bylaws.
_____(h) A resort service fee shall not be imposed upon goods and
services sold for resale.
§7-25-13. Resort
service fee administration.
_____(a) Not less than thirty days prior to the date that the resort service fee becomes effective, the board shall adopt an administrative resolution governing the collection and reporting of the resort service fee. This administrative resolution may be amended at any time as may be necessary to effectively administer the resort service fee.
_____(b) The administrative resolution shall specify:
_____(1) The time that the resort service fees collected by businesses are to be remitted to the district;
_____(2) The office, officer or employee of the district responsible for collecting and accounting for the resort service fee receipts;
_____(3) The office, officer or employee of the district responsible for enforcing collection of resort service fees and the methods and procedures to be used in enforcing the collection of resort service fees due; and
_____(4) The penalties for failure to report resort service fees due, failure to remit resort service fees due and violation of the administrative resolution.
_____(c) The administrative resolution may include:
_____(1) Further clarification and specificity in the categories of goods and services that are subject to the resort service fee consistent with subdivision (q), section three of this article; and
_____(2) Other administrative details necessary for the efficient and effective administration of the resort service fee.
_____(a) Not less than thirty days prior to the date that the resort service fee becomes effective, the board shall adopt an administrative resolution governing the collection and reporting of the resort service fee. This administrative resolution may be amended at any time as may be necessary to effectively administer the resort service fee.
_____(b) The administrative resolution shall specify:
_____(1) The time that the resort service fees collected by businesses are to be remitted to the district;
_____(2) The office, officer or employee of the district responsible for collecting and accounting for the resort service fee receipts;
_____(3) The office, officer or employee of the district responsible for enforcing collection of resort service fees and the methods and procedures to be used in enforcing the collection of resort service fees due; and
_____(4) The penalties for failure to report resort service fees due, failure to remit resort service fees due and violation of the administrative resolution.
_____(c) The administrative resolution may include:
_____(1) Further clarification and specificity in the categories of goods and services that are subject to the resort service fee consistent with subdivision (q), section three of this article; and
_____(2) Other administrative details necessary for the efficient and effective administration of the resort service fee.
§7-25-14.
Implementation and provision of services within resort area district; adoption
of annual budget.
_____(a) Upon the creation of a resort area district and organization of its board, a resort area district may provide for the provision of services by the adoption of a resolution.
_____(b) A resolution providing for the provision of services shall set forth:
_____(1) The services to be offered;
_____(2) The sources of funding for such services; and
_____(3) All other information necessary for the administration of providing such services.
_____(c) A resolution providing for the provision of services may be amended from time to time, as deemed necessary by the board.
_____(d) Services to be offered by a resort area district shall not be inconsistent with those permitted under the bylaws of the district or this article and shall not include the operation or maintenance of a ski slope or ski lift.
_____(e) The board shall adopt an annual budget for the district each year. Such budget shall require approval by six sevenths of the board to be adopted.
_____(a) Upon the creation of a resort area district and organization of its board, a resort area district may provide for the provision of services by the adoption of a resolution.
_____(b) A resolution providing for the provision of services shall set forth:
_____(1) The services to be offered;
_____(2) The sources of funding for such services; and
_____(3) All other information necessary for the administration of providing such services.
_____(c) A resolution providing for the provision of services may be amended from time to time, as deemed necessary by the board.
_____(d) Services to be offered by a resort area district shall not be inconsistent with those permitted under the bylaws of the district or this article and shall not include the operation or maintenance of a ski slope or ski lift.
_____(e) The board shall adopt an annual budget for the district each year. Such budget shall require approval by six sevenths of the board to be adopted.
§7-25-15.
Authorization to implement assessments for projects; procedures for
implementing assessments; by-laws to provide additional procedures for
implementation of assessments; notice to property owners before implementation
of assessments for projects; affidavit of publication.
_____(a) An assessment for a project within a resort area district shall be authorized by the adoption of a resolution by the board. A resolution authorizing an assessment shall only be adopted after following the procedures set forth in this section.
_____(b) The bylaws of a district:
_____(1) Shall provide the procedures not addressed in this section for the implementation of an assessment to pay the costs of a project: Provided, That such procedures must be consistent with constitutional standards and all other laws and regulations of this state.
_____(2) May provide for the maximum amount of assessments which may be levied against a parcel of real property within the district.
_____(c) Fifty-one percent or more of the owners of real property to be herefore by a project may petition the board to implement an assessment to pay the costs of such project. A board may on its own initiative propose an assessment to pay the costs of a project upon approval by six sevenths of the board.
_____(d) 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, the board may, after giving notice to all real property owners and holding a public meeting as required by this section, adopt a resolution authorizing such assessment to pay the costs of a project upon approval by six sevenths of the board.
_____(e) Before the adoption of a resolution authorizing an assessment to pay the costs of a project, the board shall cause notice to be given to the owners of real property located within the resort area district that such 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.
_____(f) An assessment shall not be authorized by the board if at the public meeting required by this section written protest is filed by at least twenty-five percent of the owners of the real property within the district to be herefore by the proposed project and subject to the assessment. In the event of such protest, the proposed assessment in the same form may not be reconsidered by a board for a period of at least one year from the date of the public meeting.
_____(g) At least thirty 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 subsection (k) of this section, posted in multiple, conspicuous public locations within such district and published as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code. The publication area for such publication shall be the resort area district.
_____(h) An affidavit of publication of the notice made by newspaper publisher, or a person authorized to do so on behalf of such 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 said notice upon all persons owning any interest in any real property located within the resort area district shall conclusively be deemed to have been given upon completion of mailing as provided in subsection (k) of this section and such newspaper publication.
_____(i) 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 subsection (k) of this section.
_____(j) 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 such owners of real property to solicit support for a petition proposing or a protest against an assessment.
_____(k) For purposes of the mailing of each notice to owners of real property required by this section, reasonable efforts shall be made to mail such 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 such district is located and any lists maintained by a resort operator or homeowners association within such district. Such notice shall be also mailed to each president of a homeowners association, if any, located within a district which has registered with a resort operator to receive such information. Immaterial defects in the mailing of such notices shall not affect the validity of such notices.
_____(a) An assessment for a project within a resort area district shall be authorized by the adoption of a resolution by the board. A resolution authorizing an assessment shall only be adopted after following the procedures set forth in this section.
_____(b) The bylaws of a district:
_____(1) Shall provide the procedures not addressed in this section for the implementation of an assessment to pay the costs of a project: Provided, That such procedures must be consistent with constitutional standards and all other laws and regulations of this state.
_____(2) May provide for the maximum amount of assessments which may be levied against a parcel of real property within the district.
_____(c) Fifty-one percent or more of the owners of real property to be herefore by a project may petition the board to implement an assessment to pay the costs of such project. A board may on its own initiative propose an assessment to pay the costs of a project upon approval by six sevenths of the board.
_____(d) 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, the board may, after giving notice to all real property owners and holding a public meeting as required by this section, adopt a resolution authorizing such assessment to pay the costs of a project upon approval by six sevenths of the board.
_____(e) Before the adoption of a resolution authorizing an assessment to pay the costs of a project, the board shall cause notice to be given to the owners of real property located within the resort area district that such 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.
_____(f) An assessment shall not be authorized by the board if at the public meeting required by this section written protest is filed by at least twenty-five percent of the owners of the real property within the district to be herefore by the proposed project and subject to the assessment. In the event of such protest, the proposed assessment in the same form may not be reconsidered by a board for a period of at least one year from the date of the public meeting.
_____(g) At least thirty 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 subsection (k) of this section, posted in multiple, conspicuous public locations within such district and published as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code. The publication area for such publication shall be the resort area district.
_____(h) An affidavit of publication of the notice made by newspaper publisher, or a person authorized to do so on behalf of such 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 said notice upon all persons owning any interest in any real property located within the resort area district shall conclusively be deemed to have been given upon completion of mailing as provided in subsection (k) of this section and such newspaper publication.
_____(i) 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 subsection (k) of this section.
_____(j) 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 such owners of real property to solicit support for a petition proposing or a protest against an assessment.
_____(k) For purposes of the mailing of each notice to owners of real property required by this section, reasonable efforts shall be made to mail such 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 such district is located and any lists maintained by a resort operator or homeowners association within such district. Such notice shall be also mailed to each president of a homeowners association, if any, located within a district which has registered with a resort operator to receive such information. Immaterial defects in the mailing of such notices shall not affect the validity of such notices.
§7-25-16. Provisions
for construction of a project.
_____(a) Prior to beginning construction on a project, the board shall provide by resolution for the construction of the project and shall also provide in the same or subsequent resolutions for the supervision of such work by a professional engineer, governmental agency or any other person designated by the board. The board may provide for the construction of the project by one of the two following methods or any combination thereof:
_____(1) If there exists a governmental agency with the experience, knowledge and authority to construct the project, the board may elect to enter in a contract with such agency for the construction of all, or a part of, the project or for any other service necessary or incident to the construction of the project, in which case such governmental agency shall be responsible for entering into contracts, subject to the board’s approval, with such other persons as may be necessary or incident to the construction of the project; or
_____(2) The board may elect to enter into one or more contracts with such contractors and other persons as may be necessary or incident to the construction of the project, in which case it shall solicit competitive bids. All contracts for work on any project, the expense of which will exceed $50,000, shall be awarded to the lowest qualified responsible bidder who shall furnish a sufficient performance and payment bond. The board may reject any and all bids and if it rejects all bids, notices shall be published as original required before any other bids may be received. The board may let portions of the work necessary to complete a project under different contracts.
_____(b) The resolution described in subsection (a) of this section shall also provide for payment of the cost of the project.
_____(c) Prior to the construction of the project, the board shall obtain such permits and licenses required by law for the construction and operation of the project.
_____(d) No project shall be undertaken by a district that includes a ski slope or ski lift.
_____(a) Prior to beginning construction on a project, the board shall provide by resolution for the construction of the project and shall also provide in the same or subsequent resolutions for the supervision of such work by a professional engineer, governmental agency or any other person designated by the board. The board may provide for the construction of the project by one of the two following methods or any combination thereof:
_____(1) If there exists a governmental agency with the experience, knowledge and authority to construct the project, the board may elect to enter in a contract with such agency for the construction of all, or a part of, the project or for any other service necessary or incident to the construction of the project, in which case such governmental agency shall be responsible for entering into contracts, subject to the board’s approval, with such other persons as may be necessary or incident to the construction of the project; or
_____(2) The board may elect to enter into one or more contracts with such contractors and other persons as may be necessary or incident to the construction of the project, in which case it shall solicit competitive bids. All contracts for work on any project, the expense of which will exceed $50,000, shall be awarded to the lowest qualified responsible bidder who shall furnish a sufficient performance and payment bond. The board may reject any and all bids and if it rejects all bids, notices shall be published as original required before any other bids may be received. The board may let portions of the work necessary to complete a project under different contracts.
_____(b) The resolution described in subsection (a) of this section shall also provide for payment of the cost of the project.
_____(c) Prior to the construction of the project, the board shall obtain such permits and licenses required by law for the construction and operation of the project.
_____(d) No project shall be undertaken by a district that includes a ski slope or ski lift.
§7-25-17. Notice to property
owners of assessments; correcting and laying assessments; report on project
completion.
_____(a) Prior to the issuance of assessment bonds or the levying of any assessments, the board shall cause a report to be prepared describing each lot or parcel of land located within the resort area district to be assessed for the project and setting forth the total cost of the project based on the contract with the governmental agency, the accepted bid or bids, or a cost estimate certified by a professional engineer, and all other costs incurred prior to the commencement of construction and the future administrative costs, and the respective amounts chargeable upon each lot or parcel of land and the proper amount to be assessed against the respective lots or parcels of land with a description of the lots and parcels of land as to ownership and location. If two or more different kinds of projects are involved, the report shall set forth the portion of the assessment attributable to each respective project. The board shall thereupon give notice as specified below to the owners of real property to be assessed that on or after a date specified in the notice an assessment will be deemed granted against the property. The notice shall state that the owner of assessed property, or other interested party, may on said date appear before the board to move the revision or correction of the proposed assessment and shall show the total cost of the project, whether the assessments will pay for all, or a part of, the total cost of the project and the lots or parcels of property to be assessed and the respective amounts to be assessed against such lots or parcels, with a description of the respective lots and parcels of land as to ownership and location. The notice shall be mailed, using reasonable efforts, to the owners of real property to be assessed for a proposed project as provided in subsection (c) of this section, posted in multiple, conspicuous public locations within such district and published 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 such publication is the resort area district. On or after the date so advertised, the board may revise, amend, correct and verify the report and proceed by resolution to establish the assessments as corrected and verified and shall certify the same to the governing body which created the district.
_____(b) Upon completion of a project, the board shall prepare a final report certifying the completion of the project and showing the total cost of the project and whether the cost is greater or less than the cost originally estimated. If the total cost of the project is greater or less than the cost shown in the report prepared prior to construction, the board may revise the assessment charged on each lot or parcel of property pursuant to subsection (a) of this section to reflect the total cost of the project as completed, and in doing so shall, in the case of an assessment increase only, follow the same procedure with regard to notice and providing each owner of assessed property the right to appear before the board to move for the revision or correction of such proposed reassessment as required for the original assessment. If the assessment is decreased, the board shall, by resolution and written notice to the sheriff of the county in which the resort area district is located, cause the next installment or installments or assessments then due and payable by each affected property owner to be reduced pro rata, and shall provide written notice to such property owners of the amount of such decrease by the deposit of such notice in the United States mail, postage prepaid.
_____(c) For purposes of the mailing of each notice to owners of real property required by this section, reasonable efforts shall be made to mail such 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 such district is located and any lists maintained by a resort operator or homeowners association within such district. Such notice shall be also mailed to each president of a homeowners association, if any, located within a district which has registered with a resort operator to receive such information. Immaterial defects in the mailing of such notices shall not affect the validity of such notices.
_____(a) Prior to the issuance of assessment bonds or the levying of any assessments, the board shall cause a report to be prepared describing each lot or parcel of land located within the resort area district to be assessed for the project and setting forth the total cost of the project based on the contract with the governmental agency, the accepted bid or bids, or a cost estimate certified by a professional engineer, and all other costs incurred prior to the commencement of construction and the future administrative costs, and the respective amounts chargeable upon each lot or parcel of land and the proper amount to be assessed against the respective lots or parcels of land with a description of the lots and parcels of land as to ownership and location. If two or more different kinds of projects are involved, the report shall set forth the portion of the assessment attributable to each respective project. The board shall thereupon give notice as specified below to the owners of real property to be assessed that on or after a date specified in the notice an assessment will be deemed granted against the property. The notice shall state that the owner of assessed property, or other interested party, may on said date appear before the board to move the revision or correction of the proposed assessment and shall show the total cost of the project, whether the assessments will pay for all, or a part of, the total cost of the project and the lots or parcels of property to be assessed and the respective amounts to be assessed against such lots or parcels, with a description of the respective lots and parcels of land as to ownership and location. The notice shall be mailed, using reasonable efforts, to the owners of real property to be assessed for a proposed project as provided in subsection (c) of this section, posted in multiple, conspicuous public locations within such district and published 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 such publication is the resort area district. On or after the date so advertised, the board may revise, amend, correct and verify the report and proceed by resolution to establish the assessments as corrected and verified and shall certify the same to the governing body which created the district.
_____(b) Upon completion of a project, the board shall prepare a final report certifying the completion of the project and showing the total cost of the project and whether the cost is greater or less than the cost originally estimated. If the total cost of the project is greater or less than the cost shown in the report prepared prior to construction, the board may revise the assessment charged on each lot or parcel of property pursuant to subsection (a) of this section to reflect the total cost of the project as completed, and in doing so shall, in the case of an assessment increase only, follow the same procedure with regard to notice and providing each owner of assessed property the right to appear before the board to move for the revision or correction of such proposed reassessment as required for the original assessment. If the assessment is decreased, the board shall, by resolution and written notice to the sheriff of the county in which the resort area district is located, cause the next installment or installments or assessments then due and payable by each affected property owner to be reduced pro rata, and shall provide written notice to such property owners of the amount of such decrease by the deposit of such notice in the United States mail, postage prepaid.
_____(c) For purposes of the mailing of each notice to owners of real property required by this section, reasonable efforts shall be made to mail such 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 such district is located and any lists maintained by a resort operator or homeowners association within such district. Such notice shall be also mailed to each president of a homeowners association, if any, located within a district which has registered with a resort operator to receive such information. Immaterial defects in the mailing of such notices shall not affect the validity of such notices.
§7-25-18. Exemption of public
property from assessments.
_____No lots or parcels of land owned or controlled by the United States, this state, any municipality, county, county board of education, resort area district or other public body shall be subject to any assessments under this article.
_____No lots or parcels of land owned or controlled by the United States, this state, any municipality, county, county board of education, resort area district or other public body shall be subject to any assessments under this article.
§7-25-19. Assessment
bonds and resort service fee bonds; sinking fund for assessment bonds and
resort service fee bonds; tax exemption.
_____(a) For constructing and acquiring any project authorized by this article the board of any such district is hereby authorized to borrow money, from time to time, and in evidence thereof issue the bonds of such district, payable from the proceeds of the assessments or resort service fees granted under this article. Such bonds shall be issued in one or more series, may bear such date or dates, may mature at such time or times not exceeding thirty years from their respective dates, shall be fully registered as to principal and interest in the name of the bondholder with a certificate of authentication, may bear interest at such rate or rates not exceeding eighteen percent per annum, may be payable at such times, may be executed in such manner, may be payable at such place or places, may be subject to such terms of redemption with or without premium, may be declared or become due before maturity date thereof, may be authenticated in any manner, and upon compliance of such conditions, may contain such terms and covenants as provided the resolution or resolutions of the board. All such bonds shall be, and shall be treated as, negotiable instruments for all purposes. Bonds bearing the signatures of officers and offices on the dates of the signing thereof shall be valid and binding for all purposes notwithstanding that before the delivery thereof any or all such persons whose signatures appear thereon shall have ceased to be such officers. Notwithstanding the requirements or provisions of any other law, any such bonds may be negotiated or sold in such manner at such time or times and at such price or prices as is found by the board to be most advantageous. Any resolution or resolutions providing for the issuance of such bonds may contain covenants and restrictions upon the issuance of additional bonds thereafter as may be deemed necessary or advisable for the assurance of the payment of the bonds thereby authorized.
_____(b) At or before the time of issuance of any bonds under this article, the board shall by resolution provide for the creation of a sinking fund and for payments into such fund from the assessments or resort service fees granted under this article in such amount as may be sufficient to pay the accruing interest and retire the bonds at or before the time each will respectively become due and to establish or maintain reserves herefore. All sums which are or should be, in accordance with such provisions, paid into such sinking fund shall be used solely for the payment of interest and for the retirement of such bonds at or prior to maturity as may be provided or required by such resolution.
_____(c) The property, including leased property, of the resort area district and bonds and any income or interest thereon issued by the resort area district are exempt from taxation by the state of West Virginia and other taxing bodies of the state.
_____(a) For constructing and acquiring any project authorized by this article the board of any such district is hereby authorized to borrow money, from time to time, and in evidence thereof issue the bonds of such district, payable from the proceeds of the assessments or resort service fees granted under this article. Such bonds shall be issued in one or more series, may bear such date or dates, may mature at such time or times not exceeding thirty years from their respective dates, shall be fully registered as to principal and interest in the name of the bondholder with a certificate of authentication, may bear interest at such rate or rates not exceeding eighteen percent per annum, may be payable at such times, may be executed in such manner, may be payable at such place or places, may be subject to such terms of redemption with or without premium, may be declared or become due before maturity date thereof, may be authenticated in any manner, and upon compliance of such conditions, may contain such terms and covenants as provided the resolution or resolutions of the board. All such bonds shall be, and shall be treated as, negotiable instruments for all purposes. Bonds bearing the signatures of officers and offices on the dates of the signing thereof shall be valid and binding for all purposes notwithstanding that before the delivery thereof any or all such persons whose signatures appear thereon shall have ceased to be such officers. Notwithstanding the requirements or provisions of any other law, any such bonds may be negotiated or sold in such manner at such time or times and at such price or prices as is found by the board to be most advantageous. Any resolution or resolutions providing for the issuance of such bonds may contain covenants and restrictions upon the issuance of additional bonds thereafter as may be deemed necessary or advisable for the assurance of the payment of the bonds thereby authorized.
_____(b) At or before the time of issuance of any bonds under this article, the board shall by resolution provide for the creation of a sinking fund and for payments into such fund from the assessments or resort service fees granted under this article in such amount as may be sufficient to pay the accruing interest and retire the bonds at or before the time each will respectively become due and to establish or maintain reserves herefore. All sums which are or should be, in accordance with such provisions, paid into such sinking fund shall be used solely for the payment of interest and for the retirement of such bonds at or prior to maturity as may be provided or required by such resolution.
_____(c) The property, including leased property, of the resort area district and bonds and any income or interest thereon issued by the resort area district are exempt from taxation by the state of West Virginia and other taxing bodies of the state.
§7-25-20. Indebtedness of resort
area district.
_____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 resort area district. No indebtedness of any nature of a resort area district shall constitute an indebtedness of any county creating and establishing such district or a charge against any property of said counties but shall be paid solely from the resort service fee or assessments which the resort area district is authorized to impose on the owners of the property within the district by this article. No indebtedness or obligation incurred by a resort area district shall give any right against any member of the governing body or any member of the board of a resort area district.
_____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 resort area district. No indebtedness of any nature of a resort area district shall constitute an indebtedness of any county creating and establishing such district or a charge against any property of said counties but shall be paid solely from the resort service fee or assessments which the resort area district is authorized to impose on the owners of the property within the district by this article. No indebtedness or obligation incurred by a resort area district shall give any right against any member of the governing body or any member of the board of a resort area district.
§7-25-21. Payment of assessments
to sheriff; report to resort area district; collection of delinquent
assessments.
_____(a) The assessments authorized to be imposed pursuant to this article will not be considered to be ad valorem taxes or the equivalent of ad valorem taxes under any provision of this code: Provided, That for the exclusive purposes of collection of the assessments authorized to be imposed under this article and enforcement of the assessment liens created by section twenty-two of this article, the provisions of chapter eleven-a of this code shall apply as if the assessments were taxes as that term is defined in section one, article one of that chapter.
_____(b) The sheriff shall promptly deposit all assessments upon receipt thereof in a segregated account established by the sheriff for such purpose and shall maintain a record of the assessments so received. Each month, the sheriff shall pay all moneys collected for the resort area district into the district treasury or, if the sheriff consents, to a trustee for the benefit of bondholders if assessment bonds are issued by the resort area district.
_____(c) Payments to the resort area district shall be made in the time set forth in section fifteen, article one, chapter eleven-a of this code and the sheriff shall be entitled to take a commission for collection of the assessments on behalf of the resort area district, as provided in section seventeen of said article.
_____(d) For each tax year, the sheriff will prepare and deliver to the board of each resort area district located in the county, a statement setting forth the aggregate amount of assessments received for such district and the name of any property owner who failed to pay the assessments due and payable for the period in question. The report shall be due on or before August 1, of the following year.
_____(e) The sheriff is authorized to collect delinquent assessments and enforce the liens created in section twenty-two of this article as if those assessments were delinquent real property taxes and the taxes are tax liens using the enforcement tools provided in articles two and three, chapter eleven-a of this code.
_____(a) The assessments authorized to be imposed pursuant to this article will not be considered to be ad valorem taxes or the equivalent of ad valorem taxes under any provision of this code: Provided, That for the exclusive purposes of collection of the assessments authorized to be imposed under this article and enforcement of the assessment liens created by section twenty-two of this article, the provisions of chapter eleven-a of this code shall apply as if the assessments were taxes as that term is defined in section one, article one of that chapter.
_____(b) The sheriff shall promptly deposit all assessments upon receipt thereof in a segregated account established by the sheriff for such purpose and shall maintain a record of the assessments so received. Each month, the sheriff shall pay all moneys collected for the resort area district into the district treasury or, if the sheriff consents, to a trustee for the benefit of bondholders if assessment bonds are issued by the resort area district.
_____(c) Payments to the resort area district shall be made in the time set forth in section fifteen, article one, chapter eleven-a of this code and the sheriff shall be entitled to take a commission for collection of the assessments on behalf of the resort area district, as provided in section seventeen of said article.
_____(d) For each tax year, the sheriff will prepare and deliver to the board of each resort area district located in the county, a statement setting forth the aggregate amount of assessments received for such district and the name of any property owner who failed to pay the assessments due and payable for the period in question. The report shall be due on or before August 1, of the following year.
_____(e) The sheriff is authorized to collect delinquent assessments and enforce the liens created in section twenty-two of this article as if those assessments were delinquent real property taxes and the taxes are tax liens using the enforcement tools provided in articles two and three, chapter eleven-a of this code.
§7-25-22. Liens; recording
notice of liens; priority; release of lien; notice to future property owners.
_____(a) With the exception of property exempt from assessment pursuant to section eighteen of this article, there shall be a lien on all real property located within the resort area district for the assessments imposed by section seventeen of this article, which lien shall attach to those parcels made subject to the assessment on the date specified in the notice to property owners. A notice of the liens of said assessments referring to the assessing resolution and setting forth a list of the property assessed, described respectively as to amounts of assessment, ownership and location of the property, shall be certified, by the chairman and secretary of the board, to the clerk of the county commission of the county wherein the project is located. The county clerk shall record the notice of such lien in the appropriate trust deed book or other appropriate county lien book and index the same in the name of each owner of real property assessed. From the date of an assessment, the trustee, for the benefit of bondholders if assessment bonds are issued by the resort area district, and/or the district shall have such lien and shall be entitled to enforce the same in its, his, her or their name to the extent of the amount, including principal and interest and any penalty due for any failure to pay an installment when due, of such assessments and against the property to which the assessment applies, as to any assessment not paid as and when due. The trustee or the district, as an alternative to the enforcement provision set forth in section twenty-one of this article, are granted all legal remedies as are necessary to collect the assessment. Such assessments shall be and constitute liens for the benefit of the resort area district or the trustee, for the benefit of bondholders if assessment bonds are issued by the resort area district, upon the respective lots and parcels of land assessed and shall have priority over all other liens except to those for land taxes due the state, county and municipality and except any liens for preexisting special assessments provided under this code. If any assessment is revised in accordance with this article, the lien created by this section shall extend to the assessment so revised and shall have the same priority as the priority of the lien created upon the laying of the original assessment. Such assessments and interest thereon shall be paid by the owners of the property assessed as and when the installments are due. Following the payment in full of any assessment bonds including any interest thereon, the chairman and secretary of the board shall execute a release of all liens and shall certify the same to county clerk for recordation.
_____(b) Following the grant of any assessment on property as provided in this article, the seller of such property shall provide reasonable disclosure to the buyer in the real estate contract that an assessment has been granted on the property, the amount of the assessment and the duration of the assessment.
_____(a) With the exception of property exempt from assessment pursuant to section eighteen of this article, there shall be a lien on all real property located within the resort area district for the assessments imposed by section seventeen of this article, which lien shall attach to those parcels made subject to the assessment on the date specified in the notice to property owners. A notice of the liens of said assessments referring to the assessing resolution and setting forth a list of the property assessed, described respectively as to amounts of assessment, ownership and location of the property, shall be certified, by the chairman and secretary of the board, to the clerk of the county commission of the county wherein the project is located. The county clerk shall record the notice of such lien in the appropriate trust deed book or other appropriate county lien book and index the same in the name of each owner of real property assessed. From the date of an assessment, the trustee, for the benefit of bondholders if assessment bonds are issued by the resort area district, and/or the district shall have such lien and shall be entitled to enforce the same in its, his, her or their name to the extent of the amount, including principal and interest and any penalty due for any failure to pay an installment when due, of such assessments and against the property to which the assessment applies, as to any assessment not paid as and when due. The trustee or the district, as an alternative to the enforcement provision set forth in section twenty-one of this article, are granted all legal remedies as are necessary to collect the assessment. Such assessments shall be and constitute liens for the benefit of the resort area district or the trustee, for the benefit of bondholders if assessment bonds are issued by the resort area district, upon the respective lots and parcels of land assessed and shall have priority over all other liens except to those for land taxes due the state, county and municipality and except any liens for preexisting special assessments provided under this code. If any assessment is revised in accordance with this article, the lien created by this section shall extend to the assessment so revised and shall have the same priority as the priority of the lien created upon the laying of the original assessment. Such assessments and interest thereon shall be paid by the owners of the property assessed as and when the installments are due. Following the payment in full of any assessment bonds including any interest thereon, the chairman and secretary of the board shall execute a release of all liens and shall certify the same to county clerk for recordation.
_____(b) Following the grant of any assessment on property as provided in this article, the seller of such property shall provide reasonable disclosure to the buyer in the real estate contract that an assessment has been granted on the property, the amount of the assessment and the duration of the assessment.
§7-25-23. Resort
Area Rangers.
_____(a) A board is hereby authorized to appoint bona fide residents of this state to act as resort area rangers within its respective resort area district upon any premises which are part of said district, subject to the conditions and restrictions imposed by this section.
_____(b) Before performing the duties of ranger, each appointed person shall qualify for the position of ranger in the same manner as is required of county officers by the taking and filing of an oath of office as required by section three, article one, chapter six of this code and by posting an official bond as required by section one, article two, chapter six of this code. To facilitate the performance of the duties of a ranger, a ranger may carry a firearm or other dangerous weapon while the ranger is on duty.
_____(c) It is the duty of any person appointed and qualified as a ranger hereunder to preserve law and order on any premises which are part of a resort area district and immediately adjacent public lands. For this purpose, the ranger shall be considered to be a law-enforcement officer in accordance with the provisions of section one, article twenty-nine, chapter thirty of this code and, as to offenses committed within those areas, have and may exercise all the powers and authority and are subject to all the requirements and responsibilities of a law-enforcement officer. The assignment of rangers to the duties authorized by this section may not supersede in any way the authority or duty of other peace officers to preserve law and order on those premises.
_____(d) The salary of all rangers shall be paid by the board. The board shall furnish each ranger with an official uniform to be worn while on duty and shall furnish and require each ranger while on duty to wear a shield with an appropriate inscription and to carry credentials certifying the person’s identity and authority as a ranger.
_____(e) The board at its pleasure may revoke the authority of any ranger. The chairman of the board shall report the termination of employment of a ranger by filing a notice to that effect in the office of the clerk of the county in which the ranger’s oath of office was filed and in the case of a ranger licensed to carry a firearm or other dangerous weapon, by notifying the clerk of the circuit court of the county in which the license for the firearm or other dangerous weapon was granted.
_____(a) A board is hereby authorized to appoint bona fide residents of this state to act as resort area rangers within its respective resort area district upon any premises which are part of said district, subject to the conditions and restrictions imposed by this section.
_____(b) Before performing the duties of ranger, each appointed person shall qualify for the position of ranger in the same manner as is required of county officers by the taking and filing of an oath of office as required by section three, article one, chapter six of this code and by posting an official bond as required by section one, article two, chapter six of this code. To facilitate the performance of the duties of a ranger, a ranger may carry a firearm or other dangerous weapon while the ranger is on duty.
_____(c) It is the duty of any person appointed and qualified as a ranger hereunder to preserve law and order on any premises which are part of a resort area district and immediately adjacent public lands. For this purpose, the ranger shall be considered to be a law-enforcement officer in accordance with the provisions of section one, article twenty-nine, chapter thirty of this code and, as to offenses committed within those areas, have and may exercise all the powers and authority and are subject to all the requirements and responsibilities of a law-enforcement officer. The assignment of rangers to the duties authorized by this section may not supersede in any way the authority or duty of other peace officers to preserve law and order on those premises.
_____(d) The salary of all rangers shall be paid by the board. The board shall furnish each ranger with an official uniform to be worn while on duty and shall furnish and require each ranger while on duty to wear a shield with an appropriate inscription and to carry credentials certifying the person’s identity and authority as a ranger.
_____(e) The board at its pleasure may revoke the authority of any ranger. The chairman of the board shall report the termination of employment of a ranger by filing a notice to that effect in the office of the clerk of the county in which the ranger’s oath of office was filed and in the case of a ranger licensed to carry a firearm or other dangerous weapon, by notifying the clerk of the circuit court of the county in which the license for the firearm or other dangerous weapon was granted.
§7-25-24. Annual
audit.
_____Each resort area district shall cause an audit of its books and accounts to be made at least once each fiscal year by certified public accountants, and the cost thereof may be defrayed as an administrative cost.
_____Each resort area district shall cause an audit of its books and accounts to be made at least once each fiscal year by certified public accountants, and the cost thereof may be defrayed as an administrative cost.
§7-25-25. Liberal
construction.
_____This article being necessary for the public health, safety and welfare and economic development, it shall be liberally construed to effectuate the purpose hereof.
_____This article being necessary for the public health, safety and welfare and economic development, it shall be liberally construed to effectuate the purpose hereof.
NOW SAY IT AIN’T SO!
Only two
candidates:
NORMAN
LEE ALDERMAN (Rep-SD)
&
PATTI
HEINEMANN (Dem-ND)
Have had the Courage
& Integrity to take a stand
on behalf of all the
homeowners with property
on the mountain to
protect their Rights…
THAT’S WHY…
THIS TIME…there’s no excuse…
IT’S YOUR
CHOICE…
TO CHANGE FOR THE BETTER!
Just say ‘NO’ to
those who want to keep this county in Poverty &
Pauperism
– and –
Just say ‘YES’ to
real Progress
& Prosperity for the future!
On Primary Day – YOU have a chance to elect two persons
that will always put YOU first! They know that:
THE
GREATER COMMON GOOD ALWAYS COMES BEFORE SELF OR ANY SELF-SERVING SPECIAL
INTERESTS!
Keep up to Date – Stay tuned to these Websites:
► IF YOU are registered to vote as a Republican,
you can
Vote for Norman
Lee Alderman in the Primary Election
on 13 May 2014;
► IF YOU are registered to vote as a Democrat,
you can
Vote for Patti Heinemann in the primary election on
13 May 2014;
► If you are registered to vote, but with no party
affiliation, then you must request
Loud & Clear either
a Republican or Democrat ballot
on Primary Day when
you go to the polls; &
► Since Norman
is unopposed, he recommends that you
request a Democrat ballot to vote for Patti so that
this
county can again have an Honest & Just county
commission!
►
Early Voting is from 30 April 2014 to 10 May 2014 – so
Vote Early & avoid
the rush!
The Pocahontas Crier
is an independent Internet News Service that has so far endorsed two
candidates for County Commission
–
one a Republican & the other a Democrat –
in addition
to providing in depth news reporting on important issues directly affecting the
Citizens of Pocahontas
County!
[Our
apologies for any & all inconveniences for NEW EMAIL]
If you
wish to financially assist, kindly send all campaign contributions to: The United Campaign for County Commission (UCCC), c/o
Citizens for Common Sense Alternatives (CCSA), a registered Political Action
Committee, 7837 Wesley Chapel Road, Green Bank, West Virginia 24944-9063
Phone:
1.304.456.4565 or 3282 (also fax)
[The Pocahontas Crier is part
of The Crier Coalition of Internet News Services comprised of The Pocahontas Commentator, The
Pocahontas Crier, Signal Fires of WV, Rolling Thunder & Echoes from the Holl’r.]
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