CHAPTER 8. MUNICIPAL CORPORATIONS.
ARTICLE 33. INTERGOVERNMENTAL RELATIONS -- BUILDING COMMISSIONS.
PART I. COMMISSIONS AUTHORIZED; ORGANIZATION OF COMMISSIONS.
§8-33-1. Municipal, county and municipal-county building
commissions authorized; reference to county courts
and county commissions.
Any municipality or county, or one or more municipalities and
any county, or any two or more municipalities within any county or
counties, or any combination thereof, may create and establish a
municipal building commission, a county building commission, or a
municipal-county building commission, as the case may be
(hereinafter in this article referred to as commission or
commissions). Such commissions shall be formed by an ordinance or
order, as appropriate, by each governmental body establishing the
same. The governing body of a county is hereinafter in this
article referred to either as a county court or county commission.
§8-33-2. Commissions are public corporations.
Each commission, when created, shall be a public corporation
and shall have perpetual existence.
§8-33-3. Authority vested in board; composition of board;
appointment; qualifications and terms of members;
vacancies; reimbursement of expenses.
All property, powers and duties and the management and control
of each commission shall be vested in a board consisting of
representatives appointed by the governmental body or bodies
creating and establishing such commission. In the case of a
municipal building commission or a county building commission such
board shall consist of not less than three nor more than five
members and in the case of a municipal-county building commission
each participating municipality shall appoint two members and each
participating county shall appoint three members. All members of
any board shall be appointed for terms of five years. Prior to
making the initial appointments to the board, the governmental body
or bodies shall make such initial appointments so that
approximately one fifth of the total number of members of the board
shall be appointed for a term of one year, approximately one fifth
of the total number of members of the board shall be appointed for
a term of two years, approximately one fifth of the total number of
members of the board shall be appointed for a term of three years,
approximately one fifth of the total number of members of the board
shall be appointed for a term of four years, and approximately one
fifth of the total number of members of the board shall be
appointed for a term of five years. As the term of each such
initial appointee expires the successor to fill the vacancy created by such expired term shall be appointed for a term of five years.
The ordinance or order creating a building commission may
provide for the manner of appointments to the membership of such
commission by the governmental body creating such commission,
which, in the case of a county, shall be the county commission or
other tribunal in lieu thereof and, in the case of a municipality,
shall be the governing body thereof.
If any member of any board die, resign or for any reason cease
to be a member of the board, the governmental body which such
member represented shall appoint another individual to fill the
unexpired portion of the term of such member. No more than two
thirds of the total number of members of the board of each
commission shall be from the same political party and no member of
any such board shall hold any office (other than the office of
notary public) or employment under the United States of America,
the state of West Virginia, any county or political subdivision
thereof, or any political party. All members of any board shall be
residents of the municipality or county for which appointed. No
member of any board shall receive any compensation for his services
as such, but each member shall be reimbursed by the commission for
any reasonable and necessary expenses actually incurred in the
discharge of his duties as a member of the board.
PART II. POWERS OF COMMISSIONS.
Each commission shall have plenary power and authority to:
(a) Sue and be sued;
(b) Contract and be contracted with;
(c) Adopt, use and alter a common seal;
(d) Make and adopt all necessary, appropriate and lawful
bylaws and rules and regulations pertaining to its affairs;
(e) Elect such officers, appoint such committees and agents
and employ and fix the compensation of such employees and
contractors as may be necessary for the conduct of the affairs and
operations of the commission;
(f) (1) Acquire, purchase, own and hold any property, real or
personal, and (2) acquire, construct, equip, maintain and operate
public buildings, structures, projects and appurtenant facilities,
of any type or types for which the governmental body or bodies
creating such commission are permitted by law to expend public
funds (all hereinafter in this article referred to as facilities);
(g) Apply for, receive and use grants-in-aid, donations and
contributions from any source or sources, including, but not
limited to, the United States of America, or any department or
agency thereof, and accept and use bequests, devises, gifts and
donations from any source whatsoever;
(h) Sell, encumber or dispose of any property, real or
(i) Issue negotiable bonds, notes, debentures or other
evidences of indebtedness and provide for the rights of the holders thereof, incur any proper indebtedness and issue any obligations
and give any security therefor which it may deem necessary or
advisable in connection with exercising powers as provided herein;
(j) Raise funds by the issuance and sale of revenue bonds in
the manner provided by the applicable provisions of sections seven,
ten, twelve and sixteen, article sixteen of this chapter, without
regard to the extent provided in section five of this article, to
the limitations specified in said section twelve, article sixteen,
it being hereby expressly provided that for the purpose of the
issuance and sale of revenue bonds, each commission is a "governing
body" as that term is used in said article sixteen only;
(k) Subject to such reasonable limitations and conditions as
the governmental body or all of the governmental bodies creating
and establishing such building commission may prescribe by
ordinance or by order, exercise the power of eminent domain in the
manner provided in chapter fifty-four of this code for business
corporations, for the purposes set forth in subdivision (f) of this
section, which purposes are hereby declared public purposes for
which private property may be taken or damaged;
(l) Lease its property or any part thereof, for public
purposes, to such persons and upon such terms as the commission
deems proper, but when any municipality or county commission is a
lessee under any such lease, such lease must contain a provision
granting to such municipality or county commission the option to
terminate such lease during any fiscal year covered thereby; and
(m) Do all things reasonable and necessary to carry out the
PART III. INDEBTEDNESS; SURPLUSES; EXEMPTION FROM
TAXATION; FUNDS; PROPERTY.
§8-33-5. Indebtedness of commission.
No constitutional or statutory limitation with respect to the
nature or amount of or rate of interest on indebtedness which may
be incurred by municipalities, counties or other public or
governmental bodies shall apply to the indebtedness of a
commission. No indebtedness of any nature of a commission shall
constitute an indebtedness of any municipality or county creating
and establishing such commission or a charge against any property
of said municipalities or counties. No indebtedness or obligation
incurred by any commission shall give any right against any member
of the governing body of any municipality or any member of the
county commission of any county or any member of the board of any
commission. The rights of creditors of any commission shall be
solely against the commission as a corporate body and shall be
satisfied only out of property held by it in its corporate
§8-33-6. Disposition of surplus of commission.
If a commission should realize a surplus over and above the
amount required for the improvement, maintenance and operation of
its facilities and for meeting all required payments on its
obligations, it shall set aside such reserve for future
improvements, maintenance, operations and contingencies as it shall
deem proper and shall then apply the residue of such surplus, if
any, to the payment of any recognized and established obligations
not then due, and after all such recognized and established
obligations have been paid and discharged in full, the commission
shall, at the end of each fiscal year, set aside the reserve for
future improvements, maintenance, operations and contingencies, as
aforesaid, and then pay the residue of such surplus, if any, to the
governmental bodies creating and establishing such commission in
direct proportion to their financial contribution.
§8-33-7. Property, bonds and obligations of commissions exempt
Each commission shall be exempt from the payment of any taxes
or fees to the state or any subdivisions thereof or any
municipalities or to any officer or employee of the state or of any
subdivision thereof or of any municipality. The property of each
commission shall be exempt from all municipal and county taxes.
Bonds, notes, debentures and other evidences of indebtedness of
each commission are declared to be issued for a public purpose and
to be public instrumentalities, and, together with interest
thereon, shall be exempt from taxation.
§8-33-8. Contributions to commissions; funds and accounts of
commissions; reports; audits.
Contributions may be made to each commission from time to time
by the governmental body or bodies creating and establishing it,
and persons that shall desire to do so. All funds received by each
commission shall be deposited in such banking institution or
banking institutions as the board may direct and shall be withdrawn
therefrom in such manner as the board may direct. Each commission
shall keep strict account of all of its receipts and expenditures
and shall each quarter make a quarterly report thereon to the
municipalities, counties and persons which have made contributions
to it, and such report shall contain an itemized account of its
receipts and disbursements during the preceding quarter. Such
report shall be made within sixty days after the termination of the
quarter. Within sixty days after the end of each fiscal year, each
commission shall make an annual report containing an itemized
statement of its receipts and disbursements for the preceding
fiscal year and publish the same as a Class II-0 legal
advertisement in compliance with the provisions of article three,
chapter fifty-nine of this code, and the publication area for such
publication shall be each county in which the commission's
facilities are located. The books, records and accounts of each
commission shall be subject to audit and examination by the state
tax commissioner and by other proper public official or body in the
manner provided by law.
§8-33-9. Authority to convey or transfer property to commission.
Any municipality or county is hereby empowered and authorized
to convey or transfer to a commission which it has created and
established either alone or with another governmental body,
property of any kind, heretofore acquired by said municipality or
county, to carry out the purposes of said commission. When
property is conveyed or transferred as aforesaid, the conveying or
transferring municipality or county court and the board shall agree
in writing at the time the conveyance or transfer is made as to the
fair market value of such property. The members of the board
appointed by any municipality or county court conveying or
transferring property shall not participate in connection with,
otherwise than to provide a quorum, or vote on, any motion or
resolution by which the board agrees to the fair market value of
the property so conveyed or transferred.
§8-33-10. Sale of property by commission.
In the event a majority of the governmental bodies
contributing funds or property to a commission shall so direct in
writing and if all indebtedness of said commission has been paid in
full, the commission shall sell all or any part of its properties
and assets so directed and distribute the proceeds thereof among
the governmental bodies creating and establishing it in direct
proportion to their contributions of funds or property to the
PART IV. WORKERS' COMPENSATION; CONSTRUCTION.
§8-33-11. Workers' compensation.
Each commission shall subscribe to the workers' compensation
fund of this state and pay all necessary premiums thereto, to the
end that all eligible employees of such commission shall be covered
by workers' compensation.
§8-33-12. Liberal construction.
The provisions of this article are hereby declared to be
remedial and shall be liberally construed to effectuate the
purposes hereof. The provisions of this article are in addition to
and not in derogation of any power granted to or vested in
municipalities and county courts under any constitutional,
statutory or charter provisions which may now or hereafter be in