H. B. 2539
(By Delegates Varner, Hutchins, Ennis,
Givens, Tucker, Pettit and Davis)
[Introduced March 13, 1997; referred to the
Committee on Roads and Transportation then Government Organization.]
A BILL to establish the West Virginia Route 2 and Interstate 68
authority; functions; members; appointment; powers and
duties; officers; bylaws; rules; compensation; authority as
corporate body; and severability.
Be it enacted by the Legislature of West Virginia:
WEST VIRGINIA ROUTE 2 AND INTERSTATE 68 AUTHORITY.
§1. West Virginia Route 2 and Interstate 68 authority created;
functions.
There is hereby created a West Virginia Route 2 and
Interstate 68 authority, to promote and advance the construction
of a modern highway through Wood, Pleasants, Tyler, Wetzel,
Marshall, Ohio, Brooke, Hancock, Marion and Monongalia 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 West
Virginia Route 2, between Parkersburg and Chester, and Interstate
68, between Moundsville and Morgantown for the benefit of West
Virginians.
§2. Members; appointment; powers and duties generally; officers;
bylaws; rules; compensation.
(a) The authority consists of twenty voting members and
three ex officio nonvoting members. All members shall be
appointed before the first day of July, one thousand nine hundred
ninety-seven.
(b) Each of the county commissions of the counties of Wood,
Pleasants, Tyler, Wetzel, Marshall, Ohio, Brooke, Hancock, Marion
and Monongalia shall appoint two voting members to the West
Virginia Route 2 and Interstate 68 authority. 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 and 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 all
members are given notice of the meeting in writing. Eleven
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 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 promotion of economic development and tourism along
West Virginia Route 2, between Parkersburg and Chester, and
Interstate 68, between Moundsville and Morgantown;
(2) Advocating actions consistent with that plan or its
provisions to or before any governmental entity or any private person or entity; and
(3) Otherwise acting in an advisory capacity with regard to
any aspects of West Virginia Route 2, between Parkersburg and
Chester, and Interstate 68, between Moundsville and Morgantown,
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 roadways described
herein.
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. Severability.
If any provision hereof is held invalid, such invalidity
may 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 authorize the West
Virginia Route 2 and Interstate 68 Authority for the purpose of
promoting recreation, tourism, industrial, economic and community
development of West Virginia Route 2, between Parkersburg and
Chester, and Interstate 68, between Moundsville and Morgantown.
This local act is new; therefore, strike-throughs and
underscoring have been omitted.