West Virginia Code § 8-13A-9

Creation of district; statement of prohibition on use of fees
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(a) If the governing body of the municipality, following the public hearing, determines it
advisable and in the public interest to establish an improvement district, it shall create the
district by ordinance as provided for in article eleven of this chapter: Provided, That the
governing body may not amend, alter or change in any manner the boundaries of the
improvement district as recommended by the planning committee. In additieon to all other
requirements, the ordinance shall contain the following:
(1) The name of the district and a description of its boundaries;
(2) A summary of any proposed services to be provided within the district and a reasonable
estimate of any attendant cost;
(3) The maximum rate of any annual fees that may be iamposed upon the commercial
properties and the manner in which the rate will be imposed; and
(4) The district boardmembers' terms, their method of appointment and a full description of
their powers and duties.
(b) The ordinance shall also state the general intention of the municipality to increase
services within the business improvement district and that no fees collected under the
authority of the ordinance may be used to reduce, replace or supplant existing funds or
services.

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