COMMITTEE SUBSTITUTE
FOR
H. B. 2742
(By Mr. Speaker, Mr. Kiss, and Delegates Douglas,
Mezzatesta, Michael, Doyle, Varner and Martin)
(Originating in the Committee on Political Subdivisions)
[February 18, 1999]
A BILL to authorize a roundhouse authority in Berkeley County;
to be created as public corporation; acquisition of
property; membership and management; general powers;
promulgation of rules to regulate traffic and penalties;
right of eminent domain; tax exemptions; indebtedness;
disposition of surplus; contributions, participation; and
dissolution of authority.
Be it enacted by the Legislature of West Virginia:
BERKELEY COUNTY ROUNDHOUSE AUTHORITY.
§1. Regional roundhouse authority authorized.
The county commission of interested counties and
municipalities within the region are hereby authorized to create
and establish an authority for the purpose of acquiring,
establishing, constructing, equipping, improving, financing,
maintaining and operating the historic Baltimore and Ohio
Railroad roundhouse property located in the city of Martinsburg,
for various uses:
Provided, That no municipality or county may
participate in the authority unless and until its governing body so provides.
§2. Authority to be public corporations.
The authority when created and established, and the members
thereof, shall constitute a public corporation and as such, shall
have perpetual succession, may contract and be contracted with,
sue and be sued, and have and use a common seal.
§3. Authority empowered and authorized to acquire, operate,
etc., roundhouse property.
The authority is hereby empowered and authorized to acquire,
establish, construct, equip, improve, finance, maintain and
operate for purposes it considers appropriate, the Baltimore and
Ohio Railroad roundhouse located in the city of Martinsburg with
appurtenant facilities and any other property necessary for the
purposes of the authority.
§4. Management of authority vested in members; appointment and
terms of members; vote of members, valuation of property contributed to an authority.
The management and control of the authority, its property,
operations, business and affairs shall be lodged in a board of
not less than five nor more than twenty-one individuals who shall
be known as members of the authority and who shall be appointed
for terms of three years. The county shall initially appoint not
less than five members. Each participating county and
municipality may initially appoint three members. Thereafter,
the authority may vary representation on the authority depending
on the number of municipalities and counties that choose to participate and to contribute moneys or property to the
authority, except that the county shall retain the right to
appointment of a majority of members of the board. All members
shall serve at the will and pleasure of the appointing body.
When property is contributed, the contributing municipality
or county and the authority shall agree in writing at the time
the contribution is made as to the fair market value of such
property.
§5. Substitution of members.
If any member of an authority die, or resign, or be removed
or for any other reason cease to be a member of the authority,
the municipality or the county commission which the member
represented shall appoint another individual to fill the
unexpired portion of the term of the member.
§6. Qualification of members.
All members of the board of the authority shall be residents
of the municipality or county which said members represent.
§7. Compensation of members.
No member of the board of the authority shall receive any
compensation, whether in form of salary, per diem allowance or
otherwise, for or in connection with his or her services as a
member. Each member shall, however, be entitled to reimbursement
by the authority for all reasonable and necessary expenses
actually incurred with the performance of his or her duties as a
member.
§8. Powers of authority generally.
The authority is hereby given plenary power and authority as
follows:
(1) To make and adopt all necessary bylaws and rules for its
organization and operations not inconsistent with law;
(2) To elect its own officers, to appoint committees and to
employ and fix the compensation for personnel necessary for its
operation;
(3) To enter into contracts with any person, including both
public and private corporations, or governmental department or
agency, and generally to do any and all things necessary or
convenient for the purpose of acquiring, establishing,
constructing, equipping, improving, financing, maintaining and
operating the roundhouse property with appurtenant facilities and
other property necessary for the purposes of the authority;
(4) To delegate any authority given to it by law to any of
its officers, committees, agents or employees;
(5) To apply for, receive and use grants-in-aid, donations
and contributions from any source or sources, including, but not
limited to, the federal government and any department or agency
thereof, and this state subject to any constitutional and
statutory limitations with respect thereto, and to accept and use
bequests, devises, gifts and donations from any person;
(6) To acquire lands and hold title thereto in its own name;
(7) To purchase, own, hold, sell and dispose of personal
property and to sell, lease or otherwise dispose of any real
property which it may own;
(8) To borrow money and execute and deliver negotiable
notes, mortgage bonds, other bonds, debentures and other
evidences of indebtedness therefor, and give security therefor as
shall be requisite, including giving a mortgage or deed of trust
on its properties and facilities or assigning or pledging the
gross or net revenues therefrom;
(9) To raise funds by the issuance and sale of revenue bonds
in the manner provided by the applicable provisions of sections
nine through seventeen, article sixteen of chapter eight of the
West Virginia code, it being hereby expressly provided that for
the purpose of the issuance and sale of revenue bonds, the
authority is a "governing body" as that term is used in said
article only;
(10) To establish, charge and collect reasonable fees and
charges for services or for the use of any part of its property
or facilities, or for both services and use;
(11) To expend its funds in the execution for the powers and
authority herein given;
(12) To apply for, receive and use loans, grants, donations,
technical assistance and contributions and from participating
municipalities and counties; and
(13) To prescribe by bylaw the manner of financial
participation by participating municipalities and counties.
§9. Rules and regulations to control vehicular and pedestrian
traffic; violation of rule and regulations a misdemeanor; penalty.
The county commission of Berkeley County is hereby empowered
and authorized, upon request of the authority, to adopt and
promulgate rules to: (1) Control the movement and disposition of
vehicular and pedestrian traffic within the property of the
authority; (2) regulate and control vehicular parking within the
property by the installation of parking meters or by other
methods; and (3) impose reasonable charges for the use of the
parking space so metered or otherwise allocated, so as to provide
maximum opportunity for the public use thereof.
Violation of any rule shall constitute a misdemeanor and the
offender, upon conviction in the manner provided by law, may be
fined not less than two dollars nor more than ten dollars for
each violation. Magistrates shall have concurrent jurisdiction
with the circuit courts and with statutory courts of record
having criminal jurisdiction for the trial of offenses under this
section.
§10. Indebtedness of authority.
The authority may incur any proper indebtedness and issue
any obligations and give any security therefor which it may
consider necessary and advisable in connection with carrying out
its purposes.
No indebtedness or obligation incurred by the authority
shall give any right against any member of the governing body of
any participating county or municipality, or the county
commission or any member of the board of the authority. No
indebtedness of any nature of an authority shall constitute an indebtedness of any participating municipality or county or the
governing body of any participating municipality or the county
commission or be a charge against any property of any
participating municipality or county. The rights of creditors
of an authority shall be solely against the authority as a
corporate body and shall be satisfied only out of property held
by it in its corporate capacity.
§11. Agreements in connection with obtaining funds.
The authority may, in connection with obtaining moneys or
property for its purposes, enter into any agreement with any
person, including the federal government, or any department,
agency or subdivision thereof, containing such provisions,
covenants, terms and conditions as the authority may consider
advisable.
§12. Authority to have right of eminent domain.
Whenever it shall be considered necessary by the authority,
in connection with the exercise of its powers herein conferred,
to take or acquire any lands, structures or buildings or other
rights, either in fee or as easements, for the purposes herein
set forth, the authority may purchase the same directly or
through its agents from the owner or owners thereof, or failing
to agree with the owner or owners thereof, the authority may
exercise the power of eminent domain in the manner provided for
condemnation proceedings in chapter fifty-four of the West
Virginia code, and such purposes are hereby declared to be public
uses for which private property may be taken or damaged.
§13. Property, bonds and obligations of authorities exempt from
taxation.
The authority shall be exempt from the payment of any taxes
or fees to the state or any subdivisions thereof or any
municipality or to any officer or employee of the state or of any
subdivision thereof or of any municipality.
The property of the authority shall be exempt from all
municipal and county taxes. Bonds, notes, debentures and other
evidences of indebtedness of the authority are declared to be
issued for a public purpose and to be public instrumentalities,
and, together with interest thereon, shall be exempt from
taxation.
§14. Authority may lease facilities.
The authority may lease all or part of the property and all
or any part of the appurtenances and facilities therewith to any
available lessee, subject to all constitutional and statutory
limitations with respect thereto, at such rental and upon such
terms and conditions as the authority shall consider proper.
§15. Disposition of surplus of authority.
If the authority should realize a surplus, whether from
operating the property or leasing it for operation, over and
above the amount required for the equipping, improvement,
maintenance and operation of the property and for meeting all
required payments on its obligations, it shall set aside such
reserve for future equipping, improvements, maintenance,
operations and contingencies as it shall consider proper and shall then apply the residue of the 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 off and discharged in full, the authority shall,
at the end of each fiscal year, set aside the reserve for future
equipping improvements, maintenance, operations and
contingencies, as aforesaid, and then pay the residue of such
surplus, if any, to the participating counties and municipalities
in direct proportion to their contribution for moneys and
property.
§16. Contributions to authority; funds and accounts of
authorities.
Contributions of moneys may be made to the authority from
time to time by the participating municipalities and counties and
persons that shall desire to do so. All such moneys and all
other moneys received by an authority shall be deposited in a
banking institution or banking institutions as the authority may
direct and shall be withdrawn therefrom in a manner as the
authority may direct. The authority shall keep strict account of
all of its receipts and expenditures and shall make an annual
report thereon to the participating municipalities and counties
contributing moneys or property, and the report shall contain an
itemized account of its receipts and disbursements for the
preceding fiscal year, and publish the same as a Class II-O legal
advertisement in compliance with the provision of article three,
chapter fifty-nine of this code, in a newspaper of general circulation within Berkeley County. The books, records and
accounts of the authority shall be subject to audit and
examination by the office of the state tax commissioner and by
any other proper public official or body in the manner provided
by law.
The participating counties and municipalities are hereby
authorized to convey to the authority any and all real and
personal property to which they hold title and which property
will enhance the authority's ability to own, manage and operate
the aforesaid B&O Railroad roundhouse property with appurtenant
facilities and other property necessary to the purposes of the
authority.
§17. Dissolution of authority; disposition of assets after
payment of debts.
In the event full and adequate provision is made for the
payment of all of the debts of the authority, the participating
municipalities or counties or any combination thereof which have
contributed at least sixty percent of the total value of all
moneys and property (the value of which property is determined as
specified in section four of this article) contributed to the
authority by the participating municipalities and counties may by
resolution provide for the dissolution for the authority and for:
(1) The conveyance of the real and tangible personal property
contributed to it to the participating municipalities and
counties which contributed the same; (2) equitable distribution
among the contributing municipalities and counties of any real and tangible personal property purchased or condemned by the
authority or of the proceeds of sale thereof, or the fair value
thereof; and (3) the equitable distribution of all moneys on hand
to the participating municipalities and counties in direct
proportion to the contribution of moneys by them.
§18. Employees to be covered by workers' compensation.
All eligible employees of the authority shall be considered
to be within the workers' compensation statute of this state and
premiums on their compensation shall be paid by the authority as
required by law.
§19. Liberal construction of article.
The purposes of this article are to provide for the
acquisition, establishment, construction, equipping,
improvements, financing, maintenance and operation of the
roundhouse property in a prudent and economical manner, and this
article shall be liberally construed as giving to any authority
created and established hereunder full and complete power
reasonably required to give effect to 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 commissions under any constitutional, statutory or
charter provisions which may now or hereafter be in effect.