(a) Amending W. Va. Code 16-13E-3 "Petition for Creation or Expansion of Community Enhancement District; petition requirements"; Authority to Permit Charles Town to
create or expand Community Enhancement District by Ordinance.
(1) The City Council may create and/or establish a Community Enhancement District pursuant to W. Va. Code 16-13E-4 by majority vote of the City Council by ordinance, after public notice and hearing.
(2) If, within 30 days of adoption by City Council, 25% or more owners of affected real property in the established Community Enhancement District, as determined by percentage of acreage, file a verified petition with the City Clerk, such a petition would invalidate the adopted Ordinance and prohibit the City from establishing a Community Enhancement District by Ordinance pursuant to this section.
(3) If 25% or more owners of affected real property, determined by percentage of acreage, in the established Community Enhancement District file a verified petition with the City Clerk, the adopted Ordinance creating such District shall not be effective. The City Council may decide by Resolution to put the Ordinance establishing the Community Enhancement District on the next regularly scheduled City election or call a special election for voter consideration or revoke the proposed ordinance.
(4) If the City Council, by Resolution, decides to put the establishment of the Community Enhancement District on the public ballot at a regular or special City election after receiving a verified petition from 25% or more owners of affected real property in the established Community Enhancement District, as determined by percentage of acreage, the Community Enhancement District shall be established pursuant to the approved Ordinance if the ballot measure passes by a majority vote of more than 50% of the participating voters.
Note: Under this section and pursuant to authority granted under W.Va. Code § 8-1-5a, the City is exempt from the requirement imposed by W. Va. Code § 16-13E-4 requiring the creation or expansion of Community Enhancement Districts, such CEDs can only be initiated when owners of at least sixty-one percent ( 61%) of the real property, determined by acreage, located within the boundaries of the proposed CED, petition a City Council for the creation or expansion of the district. See W.Va. Code 16-13E-4(a), (b), (b)(12) & (c), and W.Va. Code 16-13E-5(e).
(b) Sec. 20-61. Amending W.Va. Code 16-13E-6(c) "Creation of community enhancement district; community enhancement district to be a public corporation and political subdivision; powers thereof; community enhancement boards."; Authority to Permit the Charles Town City Council and Mayor to Designate Themselves as a Community Enhancement Board.
(1) The Charles Town City Council may in its discretion, declare the City Council and Mayor to be and act as the Community Enhancement Board described within W.Va Code 16-13E-6(c) and shall be vested with all the powers, duties and responsibilities of such Board described in W.Va. Code 16-16-E.
(2) The declaration by the City Council designating itself as the Community Enhancement Board shall be placed within the Ordinance creating the Community Enhancement Board authorized by Sec. 20-60.
Note: Under this section and pursuant to authority granted under W.Va. Code § 8-1-5a, the City is exempt from the requirement imposed by W.Va. 16-13E-6(c) requiring the formation of a separate Community Enhancement District Board.
(c) Sec. 20-62. Amending W. Va. Code 16-13E-3 "Power and authority of counties and municipalities to create and establish community enhancement districts."; Permitting a Joint Community Enhancement Board.
(1) The Charles Town City Council shall have the authority by Ordinance creating the Community Enhancement District set forth in Sec. 20-60 to create, modify, expand and govern a joint Community Enhancement Board between the cities of Charles Town and Charles Town for Community Enhancement Districts that cross the municipal boundaries of Charles Town and Charles Town and lay in both municipal jurisdictions. Such Board shall have the powers, duties and responsibilities as set forth in Sec. § 20-61 and W.Va. Code § 16-16E.
Note: Under this section and pursuant to authority granted under W.Va. Code§ 8-1-5a, the City is permitted to establish a multi-jurisdictional community enhancement board and not follow the restriction provided in W.Va. Code 16-13E-3.
(Passed 6-15-15.)