HB4822 SUB 2/28

COMMITTEE SUBSTITUTE
FOR
H. B. 4822
(By Delegates Amores, Hunt, Seacrist, Walters and Manuel)

(Originating in the Political Subdivisions)
[February 28, 1996]

A BILL to allow the Kanawha County Commission the authority to construct and maintain county transportation, parking and other public facilities, delegation of authority to board or commission; financing.

Be it enacted by the Legislature of West Virginia:
KANAWHA COUNTY PUBLIC PARKING FACILITIES.
§1. Authority to construct and maintain county transportation, parking, and other public facilities; delegation of authority to board or commission; financing; additional special provisions as to motor vehicle parking facilities.
(a) The Kanawha County Commission is hereby authorized and empowered to construct, reconstruct, establish, acquire, improve, renovate, extend, enlarge, increase, own, equip, repair (including replacement), maintain and operate transportationterminals, county and other public facilities and motor vehicle parking facilities including parking lots, buildings, ramps, curbline parking, meters and other facilities deemed necessary, appropriate, useful, convenient or incidental to the regulation, control and parking of motor vehicles.
§2. Definitions.
"Governing body" means the Kanawha County commission exercising the power and authority directly, or any commission or board created by the Kanawha County commission for the purposes described herein.
§3. Delegation of power and authority.
The power and authority conferred upon the Kanawha County commission may be exercised by the Kanawha County commission directly or may be delegated to commissions or boards created by the county commission for this purpose.
§4. Issuance of bonds; financing.
(a) In order to pay for all costs and expenses incurred in carrying out the provisions of this section, the Kanawha county commission is authorized to issue general obligation bonds of the county if the issuance thereof has been authorized by the voters of county as provided by law. Further, the Kanawha County commission may finance the costs and expenses by any other method permitted by law, including, without limiting the generality of the foregoing, the use of lease purchase financing through a building commission created pursuant to article thirty -three,chapter eight of this code or from any other person.
(b) The Kanawha County Commission, in its discretion, may provide for the following:
(1) The leasing, or subleasing if the governing body is leasing the motor vehicle parking facility from a building commission created pursuant to article thirty-three, chapter eight of this code or from any other person, by the governing body as lessor or sublessor of space in or on a motor vehicle parking facility for any business, commercial or charitable use to the person, for fair and adequate consideration, for the period or periods of time and upon other terms and conditions to which the governing body may agree. In connection with the leasing or subleasing of any space, the governing body may agree to provide in or on the motor vehicle parking facility structures, accommodations or improvements as may be necessary for the business, commercial or charitable use or space may be leased or subleased upon condition that the lessee or sublessee shall provide the same in or on the space so leased or subleased.
(2) The leasing, or subleasing if the governing body is leasing the motor vehicle parking facility from a building commission created pursuant to article thirty-three, chapter eight of this code or from any other person, by the governing body as lessor or sublessor of air space over a motor vehicle parking facility for any business, commercial or charitable use to such person, for fair and adequate consideration, for periodor periods of time and upon other terms and conditions to which the governing body may agree. Any lease or sublease of such air space may contain provisions: (i) Authorizing the use of areas of the underlying motor vehicle parking facility as are essential for ingress or egress to and from the air space; (ii) relating to the support of any building or other structure to be erected in the air space; and (iii) relating to the connection of essential public or private utilities to any building or other structure in the air space.
Every lease or sublease shall be authorized by resolution of the Kanawha County commission, which resolution may specify terms and conditions which must be contained in the lease or sublease: Provided, That before any the proposed lease or sublease is authorized by resolution of the Kanawha county commission, a public hearing on the proposed lease or sublease shall be held by the Kanawha County commission after notice of the date, time, place and purpose of the public hearing has been published as a Class I legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, which publication shall occur at least ten days prior to the public hearing, and the publication area for the publication shall be the county in which the motor vehicle parking facility is situate.
(c) The proceeds from any lease or sublease as provided in this section may be used by the governing body to pay all or any portion of the rental payments payable by the governing body forsuch motor vehicle parking facility if the governing body is leasing such facility from a building commission created pursuant to article thirty-three, chapter eight of this code or from any other person, to defray the costs of operation of such motor vehicle parking facility, or for any other lawful purpose, as the Kanawha County commission shall direct in the resolution approving such lease or sublease.
(d) Notwithstanding the fact that any motor vehicle parking facility subject to the provisions of this article is county owned or leased and the fact that a lease or sublease under the provisions of subdivision (1) or subdivision (2), subsection (c) of this section is for a public purpose as declared in subsection (b) of this section, any leasehold interest under subdivision (1), and any building, structure, accommodation or improvement erected, made or operated in any air space leased or subleased under subdivision (2) shall be subject to all property taxes, which shall be assessed and imposed against the lessee or sublessee, as the case may be, unless the use of the leasehold interest, building, structure, accommodation or improvement is otherwise exempt from property taxation under the provisions of section nine, article three, chapter eleven of this code.
(e) Without limiting the generality of the foregoing provisions of this section, any governing body is hereby authorized and empowered, but shall not be required to construct, reconstruct, establish, acquire, improve, renovate, extend,enlarge, increase, own, lease, equip (including replacement), maintain and operate motor vehicle parking facilities (including parking lots, buildings, ramps, curbline parking, meters and other facilities deemed necessary, appropriate, useful, convenient or incidental to the regulation, control and parking of motor vehicles) for use by the public as well as by employees, officers and agents of the Kanawha County commission or of any other governmental body, and to charge any person for the use of the facilities, the rates and charges as may be established from time to time by the governing body. The rates and charges may include the costs of operation of the facilities, the costs of leasing or financing the facilities, reimbursement for prior capital expenditures, and other costs, charges and other considerations as the governing body shall determine to be appropriate in its sole discretion.