W. Va. Code R. § 169-2-3 - Creation of the Statewide Addressing and Mapping Systems; Participation by Public Agencies and Other Entities; Rights and Responsibilities of Participating Public Agencies and Other Entities

3.1. Creation of the Statewide Addressing and Mapping System.

The Board shall create the Statewide Addressing and Mapping System with the participation of the public agencies and other entities under these rules. The Statewide Addressing and Mapping System may include local modifications in order to tailor it to meet specialized local concerns, where the Board finds them to be consistent with the Board's mission to develop the System within the financial and other constraints of the Project, and consistent with protecting human life and property, and maintaining general community security. Public agencies desiring to propose such local tailoring of the System (in the absence of an exemption or a waiver under subsection 2.1.b or subsection 2.2.a) must participate in the Project under these rules.

3.2. Rights and Responsibilities of the Board.

The Board has the following rights and responsibilities:

3.2.a. The Board shall adhere to W. Va. Code 24E-1 et seq.;

3.2.b. The Board shall, upon request by a public agency and at no cost to participating public agencies, provide public agencies with a copy of the West Virginia 911 Addressing Handbook, First Edition, April 2003, when completed, which is to be written in plain English;

3.2.c. The Board shall, upon request by public agencies and at no cost to participating public agencies, provide public agencies with model addressing and mapping ordinances;

3.2.d. The Board shall, at no cost to participating public agencies, hire and supervise a project manager for the Project;

3.2.e. The Board shall, at no cost to participating public agencies, hire a mapping contractor or contractors for the Project, who are to be subject to the supervision of the project manager;

3.2.f. The Board shall, at no cost to participating public agencies, hire an addressing contractor or contractors subject to the supervision of the project manager;

3.2.g. The Board has the power to review and approve all aspects of the Statewide Addressing and Mapping System;

3.2h. The Board has the power to review and approve all proposals for local modification of the Statewide Addressing and Mapping System;

3.2.i. The Board has the power to make final approval of the Statewide Addressing and Mapping System, including, without limitation, all portions thereof such as addressing systems, mapping systems, databases and other systems; and

3.2.j. The Board may remove from participating in the project any public agency that fails to comply with these rules, including, without limitation, the failure of the public agency to cooperate in good faith, and may remove any other entity from participation in the project for failure to comply with applicable contractual or other duties.

3.2.k. The Board shall notify all public agencies of the final approval of the Statewide Addressing and Mapping System and the completion of the Project;

3.2.l. The Board has any and all other rights and responsibilities as provided for by law.

3.3. Rights and Responsibilities of Participating Public Agencies with City-type Addresses.

Participating public agencies with city-type addresses have the following rights and responsibilities:

3.3.a. Such participating public agencies will receive the right to use, at no cost, all maps, compilations and other works created as a result of the Project, subject to present or future licensing rights of the Board and its assigns under these rules, and subject to the emergency or legislative rules establishing the conditions and requirements for the distribution of such works, to be filed by the Board, pursuant to W. Va. Code § 29E-1-9(B);

3.3.b. Such participating agencies may make proposals to the Board for the modification of the Statewide Addressing and Mapping System, on a localized basis, in order to tailor it to meet localized concerns;

3.3.c. Such participating public agencies shall cooperate in good faith with the Board, and shall appoint an employee or official as an addressing manager or officer who will work with the Board, its project manager, authorized agents and designated contractors;

3.3.d. Such participating public agencies shall make all reasonable efforts to enact any and all ordinances necessary to comply with the Statewide Addressing and Mapping System and complete the Project;

3.3.e. Such participating public agencies shall cooperate in good faith with the Board to update the maps, compilations and other works of the Statewide Addressing and Mapping System;

3.3.f. Such participating public agencies shall comply with the West Virginia 911 Addressing Handbook, First Edition, April 2003, including, but not necessarily limited to, reviewing road names for duplicate or similar-sounding names, reviewing existing city-type addresses to identify any issues with number assignment, considering making address changes, as needed, cooperating in good faith with the Board's addressing contractor to identify intersection address ranges and other required attributes for all streets and roads, completing 911 database requirements with the appropriate local telephone exchange carrier, and establishing an address maintenance system;

3.3.g. Such participating public agencies, if address changes are made, shall follow established notification procedures with the U.S. Postal Service and the appropriate local telephone exchange carrier, and notify property owners of any new addresses; and

3.3.h. Such participating public agencies have all other rights and responsibilities as provided for by law.

3.4. Rights and Responsibilities of Public Agencies Without City-type Addresses.

Participating public agencies without city- type addresses have the following rights and responsibilities:

3.4.a. Such participating public agencies will receive the right to use, at no cost, all maps, compilations and other works created as a result of the Project, subject to present or future licensing rights of the Board and its assigns under these rules, and subject to the emergency or legislative rules establishing the conditions and requirements for the distribution of such works, to be filed by the Board, pursuant to W. Va. Code § 24E-1-9(b);

3.4.b. Such participating agencies may make proposals to the Board for the modification of the Statewide Addressing and Mapping System, on a localized basis, in order to tailor it to meet localized concerns;

3.4.c. Such participating public agencies shall cooperate in good faith with the Board, and shall appoint an employee or official as an addressing manager or officer who will work with the Board, its project manager, authorized agents and designated contractors;

3.4.d. Such participating public agencies shall make all reasonable efforts to enact any and all ordinances necessary to comply with the Statewide Addressing and Mapping System and complete the Project;

3.4.e. Such participating public agencies shall cooperate in good faith with the Board to update the maps, compilations and other works of the Statewide Addressing and Mapping System;

3.4.f. Such participating public agencies shall comply with the West Virginia 911 Addressing Handbook, First Edition, April 2003, which necessarily requires more extensive participation, including, but not necessarily limited to, reviewing and updating current tax database mailing addresses, reviewing addressing issues with other public agencies, reviewing road names and soliciting input on potential road names, establishing city style addresses for all identifiable structures based on the West Virginia 911 Addressing Standards, completing 911 database requirements with the appropriate local exchange telephone carrier, and establishing an address maintenance system;

3.4.g. Such participating public agencies, if address changes are made, shall follow established notification procedures with the U.S. Postal Service and the appropriate local telephone exchange carrier, and notify property owners of any new addresses; and

3.4.h. Such participating public agencies have all other rights and responsibilities as provided for by law.

3.5. Participation by Public Agencies.

Any county commission and municipality is entitled to participate in the Project by notifying the Board, in writing, no later than December 31, 2004 of its intention to participate in the Project in accordance with these rules. Any other public agency, including county commissions and municipalities electing to participate after that date, may participate in the Project only upon the approval of the Board at a regularly scheduled or special meeting.

3.6. Contracts and Financial Arrangements.

3.6.a. The Board may enter into contracts, including financial arrangements, with public agencies or other entities, public or private, in order to accomplish the purposes of W. Va. Code §24E-1 et seq.. Such contracts may, without limitation, include intergovernmental agreements or private contracts related to any aspect of the Project, including without limitation (1) data storage, data distribution, systems administration or any other function necessary or convenient to the Project, or (2) the creation of supplemental, modified or additional works.

3.6.b. No entity, other than a public agency, may participate in the creation of the Statewide Addressing and Mapping System without such a contract with the Board. All such contracts must be reduced to writing and approved by the Board in accordance with law.

3.6.c. The rights and obligations of any private entity participating in the Project, or of any federal, state or local agency participating in the Project, other than a public agency, are governed by its contract with the Board.

3.6.d. The rights and obligations of any public agency with a contract with the Board are governed by 3.3 and 3.4 above, whichever is applicable, and by the public agency's contract with the Board. In the event of a conflict between specified rights and obligations under these rules and under a contract with the Board, the specific rights and obligations under the contract are to prevail.

3.6.e. No contracts entered into under these rules may be construed to grant rights to third parties beyond the limitations of W. Va. Code § 24E-1-8.

3.6.f. Such contracts may include provisions regarding the licensing of maps, compilations or other works created as a result of the Project. No such maps, compilations or other works may be distributed, however, except under any conditions imposed by the Board to protect reasonable expectations of privacy, if any, of the information in those works, consistent with the West Virginia Freedom of Information Act, W. Va. Code §29B-1 et seq., and consistent with W. Va. Code § 24E-1-9(b).

3.7. Reimbursement of Public Agencies.

3.7.a. Standards for Reimbursement. -- The Board may consider applications of participating public agencies, including without limitation, county commissions and municipalities, for reimbursement from the Board's fund. Because the Board's funding is limited, however, reimbursement may occur only under exceptional circumstances. In deciding whether to grant reimbursement, the Board may consider the following factors:

3.7.a.1. Whether the activities for which reimbursement is sought will reduce the overall cost of the Project;

3.7.a.2. Whether the Board may equitably reimburse the public agency without also reimbursing other public agencies for similar or other activities;

3.7.a.3. Whether the Board may still accomplish the purposes of the Project by making the reimbursement in combination with like, but equitable reimbursements of other public agencies;

3.7.a.4. Whether the activities comply with the Board's rules and standards;

3.7.a.5. Whether, by making the reimbursement, the Board can still meet its obligations to its project manager and other vendors by making the reimbursement, keeping in mind the possibility of like, but equitable reimbursements of other public agencies;

3.7.a.6. Whether the activities for which reimbursement is sought are in addition to those activities that may be reasonably expected of all participating public agencies as a part of their emergency services mission;

3.7.a.7. Whether the activities for which reimbursement is sought are good and satisfactory consideration for the reimbursement;

3.7.a.8. The relative size of the participating agency and whether it may reasonably be expected to absorb the expense;

3.7.a.9. Whether the activities for which reimbursement is sought were already paid for, or are subject to reimbursement from, federal, state or other non-public agency funds; and

3.7.a.10. Any other relevant factors.

The Board specifically expects public agencies to show the spirit of volunteerism that has long characterized the provision of emergency services in West Virginia and elsewhere in the United States, and encourages public agencies to submit only those applications that are consistent with that spirit, and that add significant value to the Project beyond the activities that may be reasonably expected of all public agencies as a part of their emergency services mission.

3.7.b. Conditions of Reimbursement. -- The Board may impose conditions on reimbursement, including requiring an otherwise exempt public agency to comply with the standards in these rules as a condition of receiving reimbursement. Any such conditions must be stated in writing. No disbursement may be made from the Board's fund unless the public agency agrees to such conditions in writing.

3.7.b. Form of Application for Reimbursement. -- Any application for reimbursement must be substantially in the form prescribed by the Board, SAMB Form # 1, "Application of Public Agency for Reimbursement."

Notes

W. Va. Code R. § 169-2-3