§7-25-1. Short Title
This article shall be known and cited as the "Resort Area District Act".
§7-25-10. Resort Area Boards
(a) The powers of each resort area district shall be vested in and exercised by a resort area board which shall be composed of seven members, the composition of which shall be as set forth in subsection (b) of this section. Board members need not be residents of the district or landowners, except where specifically […]
§7-25-11. Election Procedure for Initial Members of Resort Area Board; Subsequent Elections; Elections and Procedures to Fill Board Vacancies
(a) Within ninety days of the adoption of the order creating the resort area district, a public meeting shall be held at which elections for the initial members of the board shall be held. the meeting shall be held at a location within the district not less than twenty days after the publication of the […]
§7-25-12. Resort Area Districts Authorized to Levy Resort Service Fee; Procedure for Implementation and Cessation of Resort Service Fee; Abstract and Notice of Implementing Resolution; Rate of Resort Service Fee; Permissible Uses; Limitations on Imposition
(a) Resort area districts are hereby authorized to impose a resort service fee within such district by following the procedures set forth in this section. (b) No resort service fee shall be implemented within a resort area district without approval by six sevenths of the board. If six sevenths of the board has approved the […]
§7-25-13. Resort Service Fee Administration
(a) Not less than thirty days prior to the date that the resort service fee becomes effective, the board shall adopt an administrative resolution governing the collection and reporting of the resort service fee. This administrative resolution may be amended at any time as may be necessary to effectively administer the resort service fee. (b) […]
§7-25-14. Implementation and Provision of Services Within Resort Area District; Adoption of Annual Budget
(a) Upon the creation of a resort area district and organization of its board, a resort area district may provide for the provision of services by the adoption of a resolution. (b) A resolution providing for the provision of services shall set forth: (1) The services to be offered;
§7-25-15. Authorization to Implement Assessments for Projects or Services; Procedures for Implementing Assessments; By-Laws to Provide Additional Procedures for Implementation of Assessments; Notice to Property Owners Before Implementation of Assessments for Projects or Services; Voting on Assessments; Affidavit of Publication
(a) An assessment for a project within a resort area district shall be authorized by the adoption of a resolution by the board. The annual aggregate limit of assessments that may be levied against a parcel of real property within the district is five percent of the appraised value of the real property, including improvements, […]
§7-25-16. Provisions for Construction of a Project
(a) Prior to beginning construction on a project, the board shall provide by resolution for the construction of the project and shall also provide in the same or subsequent resolutions for the supervision of such work by a professional engineer, governmental agency or any other person designated by the board. The board may provide for […]
§7-25-17. Notice to Property Owners of Assessments; Correcting and Laying Assessments; Report on Project Completion
(a) Prior to the issuance of assessment bonds or the levying of any assessments, the board shall cause a report to be prepared describing each lot or parcel of land located within the resort area district to be assessed for the project and setting forth the total cost of the project based on the contract […]
§7-25-18. Exemption of Public Property From Assessments
No lots or parcels of land owned or controlled by the United States, this state, any municipality, county, county board of education, resort area district or other public body shall be subject to any assessments under this article.
§7-25-19. Assessment Bonds and Resort Service Fee Bonds; Sinking Fund for Assessment Bonds and Resort Service Fee Bonds; Tax Exemption
(a) For constructing and acquiring any project authorized by this article the board of any such district is hereby authorized to borrow money, from time to time, and in evidence thereof issue the bonds of such district, payable from the proceeds of the assessments or resort service fees granted under this article. Such bonds shall […]
§7-25-2. Findings
The Legislature finds that: (a) West Virginia's resorts and other recreational areas have an important role in the economy of the local areas surrounding their locations. (b) West Virginia's resorts and other recreational areas are often located in unincorporated areas and, as a consequence, such areas have less funding available to provide infrastructure and essential […]
§7-25-20. Indebtedness of Resort Area District
No constitutional or statutory limitation with respect to the nature or amount of or rate of interest on indebtedness which may be incurred by municipalities, counties or other public or governmental bodies shall apply to the indebtedness of a resort area district. No indebtedness of any nature of a resort area district shall constitute an […]
§7-25-21. Payment of Assessments to Sheriff; Report to Resort Area District; Collection of Delinquent Assessments
(a) The assessments authorized to be imposed pursuant to this article will not be considered to be ad valorem taxes or the equivalent of ad valorem taxes under any provision of this code: Provided, That for the exclusive purposes of collection of the assessments authorized to be imposed under this article and enforcement of the […]
§7-25-22. Liens; Recording Notice of Liens; Priority; Release of Lien; Notice to Future Property Owners
(a) With the exception of property exempt from assessment pursuant to 7-25-18 of this code, there shall be a lien on all real property located within the resort area district for the assessments imposed by 7-25-17 of this code, which shall attach to those parcels made subject to the assessment on the date specified in […]
§7-25-23. Resort Area Rangers
(a) A board is hereby authorized to appoint bona fide residents of this state to act as resort area rangers within its respective resort area district upon any premises which are part of said district, subject to the conditions and restrictions imposed by this section. (b) Before performing the duties of ranger, each appointed person […]
§7-25-24. Annual Audit; Books and Records
Each resort area district shall cause an audit of its books and accounts to be made at least once each fiscal year by anindependentcertified public accountants, and the cost thereof may be defrayed as an administrative cost. All books and records of the resort area district shall be available for inspection by any property owner […]
§7-25-25. Notice of Transfer of Change in Ownership of Property Within Resort Area District
After the resort area district has been formed and organized, as a part of any bylaws, the district's board shall promulgate rules and regulations as a part of its bylaws which require timely notice to the District whenever ownership of property within the District has changed, along with any change in address for any notices […]
§7-25-26. Liberal Construction
This article being necessary for the public health, safety and welfare and economic development, it shall be liberally construed to effectuate the purpose hereof.
§7-25-27. Effect of the 2015 Amendments
It is the intent of the Legislature that the amendments to this article passed during the 2015 regular session of the Legislature does not cause any petition for the creation of a resort area district that is currently before the governing body of the county in which the proposed resort area district is located to […]