ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4307
(By Mr. Speaker, Mr. Kiss, and Delegates Ashley
Staton and Trump)
[Passed March 14, 1998; in effect from passage.]
AN ACT to amend and reenact sections seven and thirteen, article
twelve, chapter seven of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, all relating
to allowing county and municipal development authorities to
sell, lease or otherwise dispose of real or personal
property which they may own either by contract or at public
auction; clarifying legislative intent; retroactive
provisions.
Be it enacted by the Legislature of West Virginia:
That sections seven and thirteen, article twelve, chapter
seven of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted, all to read as
follows:
ARTICLE 12. COUNTY AND MUNICIPAL DEVELOPMENT AUTHORITIES.
§7-12-7. Powers generally.
The development authority is hereby given power and
authority as follows: (1) To make and adopt all necessary bylaws and rules for its organization and operations not inconsistent
with laws; (2) to elect its own officers, to appoint committees
and to employ and fix compensation for personnel necessary for
its operation; (3) to enter into contracts with any person,
agency, governmental department, firm or corporation, including
both public and private corporations, and generally to do any and
all things necessary or convenient for the purpose of promoting,
developing and advancing the business prosperity and economic
welfare of the county in which it is intended to operate, its
citizens and industrial complex, including, without limiting any
of the foregoing, the construction of any building or structure
for lease to the federal government or any of its agencies or
departments, and in connection therewith to prepare and submit
bids and negotiate with the federal government or such agencies
or departments in accordance with plans and specifications and in
the manner and on the terms and conditions and subject to any
requirements, regulations, rules and laws of the United States of
America for the construction of said buildings or structures and
the leasing thereof to the federal government or such agencies or
departments; (4) to amend or supplement any contracts or leases
or to enter into new, additional or further contracts or leases
upon such terms and conditions, for such consideration and for
such term of duration, with or without option of renewal, as may
be agreed upon by the authority and such person, agency,
governmental department, firm or corporation; (5) unless
otherwise provided for in, and subject to the provisions of, such contracts, or leases, to operate, repair, manage, and maintain
such buildings and structures and provide adequate insurance of
all types, and in connection with the primary use thereof and
incidental thereto to provide such services, such as barber
shops, newsstands, drugstores and restaurants, and to effectuate
such incidental purposes, grant leases, permits, concessions or
other authorizations to any person or persons, upon such terms
and conditions, for such consideration and for such term of
duration as may be agreed upon by the authority and such person,
agency, governmental department, firm or corporation; (6) to
delegate any authority given to it by law to any of its officers,
committees, agents or employees; (7) to apply for, receive and
use grants-in-aid, donations and contributions from any source or
sources, and to accept and use bequests, devises, gifts and
donations from any person, firm or corporation; (8) to acquire
real property by gift, purchase, or construction, or in any other
lawful manner, and hold title thereto in its own name and to
sell, lease or otherwise dispose of all or part of such real
property which it may own, either by contract or at public
auction, upon the approval by the board of directors of the
development authority; (9) to purchase or otherwise acquire, own,
hold, sell, lease and dispose of all or part of any personal
property which it may own, either by contract or at public
auction; (10) pursuant to a determination by the board that there
exists a continuing need for programs to alleviate and prevent
unemployment within the county in which the authority is intended to operate or aid in the rehabilitation of areas in said county
which are underdeveloped, decaying or otherwise economically
depressed, and that moneys or funds of the authority are
necessary therefor, to borrow money and execute and deliver the
authority's negotiable notes, mortgage bonds, other bonds,
debentures, and other evidences of indebtedness therefor, on such
terms as the authority shall determine, and give such security
therefor as shall be requisite, including giving a mortgage or
deed of trust on its real or personal property and facilities in
connection with the issuance of mortgage bonds; (11) to raise
funds by the issuance and sale of revenue bonds in the manner
provided by the applicable provisions of article sixteen, chapter
eight of this code, it being hereby expressly provided that a
development authority created under this article is a "governing
body" within the definition of that term as used in said article
sixteen, chapter eight of this code; and (12) to expend its funds
in the execution of the powers and authority herein given, which
expenditures, by the means authorized herein, are hereby
determined and declared as a matter of legislative finding to be
for a public purpose and use, in the public interest, and for the
general welfare of the people of West Virginia, to alleviate and
prevent economic deterioration and to relieve the existing
critical condition of unemployment existing within the state.
The amendment of this section enacted in the year one
thousand nine hundred ninety-eight, is intended to clarify the
intent of the Legislature as to the manner in which an authority may sell, lease or otherwise dispose of real and personal
property owned by an authority, and shall be retroactive to the
date of the prior enactment of this section.
§7-12-13. Sale or lease of property; reversion of assets upon
dissolution.
In the event the board of the authority shall so determine,
the authority may lease or sell all of its property and
equipment, either by contract or at public auction, on such terms
and conditions as the authority may fix and determine. Upon the
dissolution of the authority, all of its assets and property
shall revert to and become the property of the county or
municipality for which said authority was created.
The amendment of this section in the year one thousand nine
hundred ninety-eight, is intended to clarify the intent of the
Legislature as to the manner in which an authority may sell,
lease or otherwise dispose of real and personal property owned by
an authority, and shall be retroactive to the date of the prior
enactment of this section.