(a) The county commission may by order, or the governing body of a municipality by ordinance, adopt an amendment to a project plan.
(b) Adoption of an amendment to a project plan shall be preceded by a public hearing held by the county commission, or governing body of the municipality, at which interested parties shall be afforded a reasonable opportunity to express their views on the amendment.
(1) Notice of the hearing shall be published as a Class II legal advertisement in accordance with 59-3-2 of this code.
(2) Prior to publication, a copy of the notice shall be sent by first-class mail to the chief executive officer of all other local levying bodies having the power to levy taxes on property within the development or redevelopment district.
(3) Copies of the proposed plan amendments shall be made available to the public at the county clerks office or municipal clerks office at least fifteen days prior to the hearing.
(c) One or more existing development or redevelopment districts may be combined pursuant to lawfully adopted amendments to the original plans for each district: Provided, That the county commission, or governing body of the municipality, finds that the combination of the districts will not impair the security for any tax increment financing obligations previously issued pursuant to this article.
(1) The base assessed value of the real and tangible personal property located in the combined development or redevelopment district following such combination shall be the same base assessed value as existed for such real and tangible personal property in each of the separate development or redevelopment districts prior to such combination.
(2) The termination date for the combined development or redevelopment district which results from the combination of two or more previously created districts shall be the termination date as provided pursuant to 7-11B-10 of this code of the development or redevelopment district which had the latest termination date prior to the combination of such districts.
Structure West Virginia Code
Chapter 7. County Commissions and Officers
Article 11B. West Virginia Tax Increment Financing Act
§7-11B-2. Findings and Legislative Purpose
§7-11B-6. Application for Development or Redevelopment Plan
§7-11B-7. Creation of a Development or Redevelopment Area or District
§7-11B-8. Project Plan — Approval
§7-11B-9. Project Plan Amendment
§7-11B-10. Termination of Development or Redevelopment District
§7-11B-11. Costs of Formation of Development or Redevelopment District
§7-11B-12. Overlapping Districts Prohibited,
§7-11B-13. Conflicts of Interest; Required Disclosures and Abstention
§7-11B-16. Valuation of Real Property
§7-11B-17. Division of Ad Valorem Real Property Tax Revenue
§7-11B-18. Payments in Lieu of Taxes and Other Revenues
§7-11B-19. Tax Increment Obligations Generally
§7-11B-20. Tax Increment Financing Obligations -- Authority to Issue
§7-11B-21. Tax Increment Financing Obligations -- Authorizing Order or Ordinance
§7-11B-22. Tax Increment Financing Obligations Terms, Conditions
§7-11B-23. Tax Increment Financing Obligations -– Security -– Marketability
§7-11B-24. Tax Increment Financing Obligations -- Special Fund for Repayment
§7-11B-25. Tax Increment Financing Obligations – Tax Exemption