202.01 AUTHORITY.

   This article is enacted pursuant to WV Code §8-1-S(a), Home Rule Pilot Program Act, and pursuant to the approved City of Charles Town Home Rule Plan approved by the West Virginia Home Rule Board on October 6, 2014.

(Ord. 2020-013. Passed 8-17-20.)

202.02 CONVEYANCE OF CITY PROPERTY WITHOUT AUCTION.

   (a)   The City of Charles Town may sell its real or personal property valued in excess of $1,000.00 for adequate consideration, but without public auction, provided that City Council has made a factual determination that the property is to be used to facilitate specific economic development projects and/or to provide a specific necessary and convenient resource for the benefit of the citizenry. City Council shall determine whether consideration is adequate considering all relevant facts and circumstances, including, without limitation, the fair market value of the property, but adequate consideration need not be equivalent to fair market.

   (b)   Any proposed conveyance of City property pursuant to this section shall be published as a Class II legal advertisement in compliance with the provisions of W. Va. Code §59-3-1 et seq., and the publication area for the publication shall be the City of Charles Town.

   (c)   Prior to the approval by City Council of any conveyance of City property pursuant to this section, City Council shall, at a prior meeting, be provided with documentation evidencing that all project plans have been approved by all necessary and relevant state and/or municipal committees and departments, all necessary and relevant state and/or municipal permits are in place or are approved subject to purchase of the property, and funding for the project secured.

   (d)   Under this article and pursuant to authority granted under W.Va. Code §8-1-Sa, the City is exempt from the auction requirement imposed by W. Va. Code §8-12-18(b) under the circumstances stated herein.

(Ord. 2020-013. Passed 8-17-20.)

202.03 SEVERABILITY AND SAVINGS CLAUSE.

   If any provision of this article or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable. This City Council declares that it would have adopted this article irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed, and the balance of the article be enforced.

(Ord. 2020-013. Passed 8-17-20.)