H. B. 4587


(By Delegates Rowe, Wallace, Compton,
Martin and Proudfoot)

[Introduced February 23, 1994; referred to the
Committee on Political Subdivisions.]



A BILL to establish a multicounty economic development authority for the counties of Greenbrier, Monroe and Pocahontas; to provide such authority with power to plan and coordinate economic development within these counties; to provide for a board of directors to manage and control the authority; to provide for appointment of representatives to the board; and to provide for the support and operation of the authority.

Be it enacted by the Legislature of West Virginia:

GREENBRIER, MONROE AND POCAHONTAS MULTICOUNTY ECONOMIC DEVELOPMENT AUTHORITY.

§ 1. Economic development authority for Greenbrier, Monroe and Pocahontas counties created; functions.

There is hereby created a multicounty economic development authority, consisting of the counties of Greenbrier, Monroe and Pocahontas, which shall plan and coordinate economic development within these counties. The Greenbrier economic development corporation is hereby abolished and its powers and assets transferred to the multicounty economic development authority created by this act.

No county member may withdraw from this authority without an amendment to this act.
§ 2. Definitions.

(a) "Corporate member" means any individual, association, corporation, partnership, estate or government body, excluding county members, who supports the objectives and purposes of the multicounty development authority and who has paid membership fees as determined by the board of directors. Members in good standing of the Greenbrier economic development corporation as of the thirtieth day of June, one thousand nine hundred ninety-four, shall become members of the newly created multicounty development authority.

(b) "County member" means one of the three counties designated in section one.
§ 3. Board of directors; appointment; terms; removal; compensation.

The management and control of the authority, its property, operations, business and affairs is lodged in a board of directors, consisting of not fewer than twelve persons entitled to vote. The number of directors entitled to vote shall be equally apportioned among persons representing interests in the counties of Greenbrier, Monroe and Pocahontas. The president of the county commission of each county member or his designee shall serve on the board as a voting member. Within thirty days after the effective date of this act, the county members and corporate members of the multicounty economic development authority shall begin meeting and selecting the remaining directors. The board of directors shall not be authorized to act until a minimum of twelve members has been elected.

Directors, excluding representatives of each county member, shall serve three-year terms, except that the initial terms shall be staggered so that at least three of the initial directors will serve for one year, at least three of the initial directors serve for two years, and at least three of the initial directors serve for three years. Directors may be reappointed to additional terms. Directors shall continue to serve until their successors have been chosen. Directors may be removed, excluding the representatives of each county member, by a majority vote of the board of directors.
No director of the authority shall receive any compensation for his services as such board member.
§ 4. Authority as a public corporation.

The authority constitutes a public corporation to be known as the Greenbrier Valley economic development corporation and, as such has perpetual succession, may contract and be contracted with, may sue and be sued, may plead and be pleaded, and may have and use a common seal.

§ 5. Funding for support, maintenance and operation; audit.

In order to provide for the support, maintenance and operation of the authority hereby created, beginning the first day of July, one thousand nine hundred ninety-four, each county member shall contribute annually at least one dollar twenty-five cents per capita, based on the most recent decennial census, for those residing within its corporate boundaries. The state tax commissioner shall not approve the budget of any county member of the authority which does not contain the funding hereinabove set forth.

In addition to the aforesaid amounts, any county member may support the authority with any other general or special revenues or excess levies at any time after the effective date of this act.
Corporate members shall make annual contributions as determined by the board of directors.
§ 6. Powers.

Except as otherwise specially provided in this act, the authority has the powers and duties which are conferred and imposed, respectively, upon county or municipal development authorities by sections seven, seven-a, eight, nine, ten, eleven, twelve, thirteen and fourteen, article twelve, chapter seven of the code of West Virginia, as amended.

In addition to the powers referred to above, the authority has the power to maintain such office or offices as it deems necessary to carry out its responsibilities and to staff and equip such office or offices.

NOTE: The purpose of this bill is to create a multicounty economic development authority for the counties of Greenbrier, Monroe and Pocahontas.