West Virginia Code § 8-38-10

Ordinance to create district as approved by Development Office and
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authorized by the Legislature.
(a) General. -- If an economic opportunity development district project has been approved by
the Executive Director of the Development Office and the levying of a special district excise
tax for the district has been authorized by the Legislature, all in accordance with this article,
the municipality may create the district by ordinance entered of record as perovided in article
one of this chapter: Provided, That the municipality may not amend, alter or change in any
manner the boundaries of the economic opportunity development distrirct authorized by the
Legislature. In addition 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 and capital improvements to be made
within the district and a reasonable estimate of any attendant costs;
(3) The base and rate of any special district excise ltax that may be imposed upon sales by
businesses for the privilege of operating withisn the district, which tax shall be passed on to
and paid by the consumer, and the manner in which the taxes will be imposed, administered
and collected, all of which shall be in confoirmity with the requirements of this article; and
(4) The district board members' terms, their method of appointment and a general
description of the district board's powers and duties, which powers may include the
authority:
(A) To make and adopt all necessary bylaws and rules for its organization and operations not
inconsistent with any applicable laws;
(B) To elect itVs own officers, to appoint committees and to employ and fix compensation for
personnel necessary for its operations;
(C) To enter into contracts with any person, agency, government entity, agency or
instrumentality, firm, partnership, limited partnership, limited liability company or
corporation, including both public and private corporations, and for-profit and not-for-profit
organizations and generally to do any and all things necessary or convenient for the purpose
of promoting, developing and advancing the purposes described in section two of this article;
(D) To amend or supplement any contracts or leases or to enter into new, additional or
further contracts or leases upon the terms and conditions for consideration and for any term
of duration, with or without option of renewal, as agreed upon by the district board and any
person, agency, government entity, agency or instrumentality, firm, partnership, limited
partnership, limited liability company or corporation;
(E) To, unless otherwise provided in, and subject to the provisions of any contracts or leases
to operate, repair, manage, and maintain buildings and structures and provide adequate
insurance of all types and in connection with the primary use thereof and incidental thereto
to provide services, such as retail stores and restaurants, and to effectuate incidental
purposes, grant leases, permits, concessions or other authorizations to any person or
persons upon the terms and conditions for consideration and for the term of duration as
agreed upon by the district board and any person, agency, governmental department, firm or
corporation;
(F) To delegate any authority given to it by law to any of its officers, commitetees, agents or
employees;
(G) To apply for, receive and use grants-in-aid, donations and contributions from any source
or sources and to accept and use bequests, devises, gifts and donuations from any person,
firm or corporation;
(H) To acquire real property by gift, purchase or construction or in any other lawful manner
and hold title thereto in its own name and to sell, leasea or otherwise dispose of all or part of
any real property which it may own, either by contract or at public auction, upon the
approval by the district board; l
(I) To purchase or otherwise acquire, own, hold, sell, lease and dispose of all or part of any
personal property which it may own, eitheir by contract or at public auction;
(J) Pursuant to a determination by the district board that there exists a continuing need for
development expenditures and that moneys or funds of the district are necessary therefor, to
borrow money and execute and deliver the district's negotiable notes and other evidences of
indebtedness therefor, on the terms as the district shall determine, and give security
therefor as is requisite, including, without limitation, a pledge of the district's rights in its
subaccount of the Economic Opportunity Development District Fund;
(K) To acquireV (either directly or on behalf of the municipality) an interest in any entity or
entities that own any real property situate in the district, to contribute capital to any entity
or entities and to exercise the rights of an owner with respect thereto; and
(L) To expend its funds in the execution of the powers and authority given in this section,
which expenditures, by the means authorized in this section, are hereby determined and
declared as a matter of legislative finding to be for a public purpose and use, in the public
interest and for the general welfare of the people of West Virginia, to alleviate and prevent
economic deterioration and to relieve the existing critical condition of unemployment
existing within the state.
(b) Additional contents of ordinance. -- The municipality's ordinance shall also state the
general intention of the municipality to develop and increase services and to make capital
improvements within the district.
(c) Mailing of certified copies of ordinance. -- Upon enactment of an ordinance establishing
an economic opportunity development district excise tax, a certified copy of the ordinance
shall be mailed to the State Auditor, as ex officio the chief inspector and supervisor of public
offices, the State Treasurer and the Tax Commissioner.

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