West Virginia Code § 7-22-23

Joint economic opportunity development districts
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(a) The Legislature hereby finds and declares that the citizens of the state would benefit
from coordinated road construction efforts by county commissions and municipalities.
(b) Notwithstanding any other section of this code to the contrary, any two or more county
commissions, any two or more municipalities, or any combination thereof, may: (1) Create a
combined economic opportunity development district; (2) propose joint applications for the
districts; (3) enter into one or more intergovernmental agreements between themselves
and/or the Commissioner of Highways to share: (A) Project expenses; and (B) certain excise
tax collections, on a pro rata or other basis, to facilitate construcution of projects within the
combined economic opportunity development district and to jointly take such other actions
as are authorized in the County Economic Opportunity Devetlopment District Act.
(c) When a project begins in one county and ends in another county of this state, the county
commission of each county included in a multicounty project may, by resolution, adopt a
written intergovernmental agreement with each colunty and/or the Commissioner of
Highways regarding the proposed multicountys project. When the project begins or passes
through the corporate limits of a municipality, the governing body of that municipality may
by resolution adopt a written intergovernmental agreement with the county or counties in
which the project is located. g
(d) No county commission or municipality may withdraw from an intergovernmental
agreement if bonds or notes, remain outstanding the proceeds of which were used to finance
construction of the project for which the written intergovernmental agreement was
executed.
(e) No withdrawing county commission or municipality is entitled to the return of any money
or property advanced to the project.
(f) Notwithstanding any provision of this code to the contrary, any county commission or
municipality that creates an economic opportunity development district may enter into one
or more intergovernmental agreements with one or more other counties or municipalities
that also create an economic opportunity development district to finance, in whole or in part,
one or more projects, to pool tax increment and other revenues to finance, in whole or in
part, contiguous projects on a cash basis or to pay debt service on bonds or notes.
(g) The obligations of the parties under any intergovernmental agreement executed pursuant
to this article is not debt within the meaning of sections six or eight, article X of the
Constitution of West Virginia.
(h) Any intergovernmental agreement must be approved by resolution adopted by a majority
vote of the county commission of each county participating in the agreement, by a majority
vote of the governing body of each municipality participating in the agreement and by the
Commissioner of Highways.
(i) The Commissioner of Highways is authorized to enter into intergovernmental agreements
with county commissions and municipalities of this state, or with the federal government or
any agency thereof, respecting the financing, planning, and construction of state roads and
bridges, including related infrastructure if any, constructed, in whole or in part, pursuant to
this article.

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