H. B. 2566
(By Delegates Staton, Browning, Flanigan,
Carper, Huffman, Compton and Reed)
[Introduced March 11, 1993; referred to the
Committee on Political Subdivisions then Finance.]
A BILL to establish the Shawnee Parkway authority; functions;
members; appointment; powers and duties; officers; bylaws;
rules and regulations; compensation; authority as corporate
body; support, maintenance and operation; and severability.
Be it enacted by the Legislature of West Virginia:
SHAWNEE PARKWAY AUTHORITY.
§1. Parkway authority created; functions.
There is hereby created a Shawnee Parkway authority, to
promote and advance the construction of a scenic parkway through
parts of McDowell, Mercer, Mingo, Raleigh, Summers and Wyoming
counties and to coordinate with counties, municipalities, state
and federal agencies, public nonprofit corporations, private
corporations, associations, partnerships and individuals for the
purpose of planning, assisting and establishing recreational,
tourism, industrial, economic and community development of the
Shawnee Parkway for the benefit of West Virginians.
§2. Members; appointment; powers and duties generally;
officers; bylaws; rules and regulations; compensation.
(a) The authority consists of ten voting members and three
ex officio nonvoting members. All members shall be appointed
before the first day of July, one thousand nine hundred
ninety-three.
(b) Each of the county commissions of the counties of
McDowell, Mercer, Mingo, Raleigh, Summers and Wyoming shall
appoint two voting members to the commission. The terms of the
voting members initially appointed by a county commission are as
follows: One member shall be appointed for a term of one year
and one member shall be appointed for a term of two years. All
successive appointments shall be for a term of four years. Any
voting member may be removed for cause by the appointing county
commission.
(c) The three ex officio nonvoting members are the
commissioner of highways or designee, the director of natural
resources or designee, the executive director of the West
Virginia development office or designee. All terms of ex officio
nonvoting members are for four years.
(d) Should a vacancy occur, the person appointed to fill the
vacancy shall serve only for the unexpired portion thereof. All
members are eligible for reappointment.
(e) There shall be an annual meeting of the authority on the
third Monday in July in each year and a monthly meeting on a day
and at a time as the authority may designate in its bylaws. A
special meeting may be called by the president, the secretary or
any two members of the authority and may be held only after allmembers are given notice of the meeting in writing. Six voting
members constitute a quorum for all meetings. At each annual
meeting of the authority, it shall elect a president, vice
president, secretary and treasurer. The authority shall adopt
bylaws, rules and regulations as may be necessary for its
operation and management. The authority has all, but only, those
powers necessary, incidental, convenient and advisable for the
following purposes:
(1) The preparation of a plan or plans for the Shawnee
Parkway;
(2) The promotion, advancement and support of the
construction of a scenic parkway along the general courses of
Flattop Mountain and Indian Ridge areas of McDowell, Mercer,
Mingo, Raleigh, Summers and Wyoming counties;
(3) The promotion of economic development and tourism along
the Shawnee Parkway;
(4) Advocating actions consistent with that plan or its
provisions to or before any governmental entity or any private
person or entity; and
(5) Otherwise acting in an advisory capacity with regard to
any aspects of the Shawnee Parkway at the request of or without
the request of any governmental entity or private person or
entity.
The authority may not own any of the real estate or real
property herein described for development and may not be
responsible for operating or maintaining the parkway.
Each voting member of the authority shall be compensated
monthly by the governing bodies which appointed the members in an
amount to be fixed by the governing body.
§3. Body corporate.
The authority hereby created shall be a public corporation
and as such it may contract and be contracted with, sue and be
sued, plead and be impleaded and may have and use a corporate
seal.
§4. Support, maintenance and operation.
The county commissions of McDowell, Mercer, Mingo, Raleigh,
Summers and Wyoming may provide for the support, maintenance and
operation of the Shawnee Parkway authority and other related
activities under the jurisdiction of the authority hereby
created.
§5. Severability.
If any provision hereof is held invalid, such invalidity
shall not affect other provisions hereof which can be given
effect without the invalid provision, and to this end the
provisions of this act are declared to be severable.
NOTE: The purpose of this bill is to establish the Shawnee
Parkway Authority to promote and advance the construction of a
scenic highway through parts of the counties of McDowell, Mercer,
Mingo, Raleigh, Summers and Wyoming.