H. B. 4307
(By Mr. Speaker, Mr. Kiss, and Delegates
Ashley, Staton and Trump)
[Introduced February 9, 1998; referred to the
Committee on Political Subdivisions then Finance.]
A BILL 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 by either private treaty or
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
regulations 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 lands and other real
property by gift, purchase, or construction, or in any other
lawful manner, and hold title thereto in its own name; (9) to
purchase or otherwise acquire, own, hold, sell and dispose of
personal property and real estate, and to own, hold, sell, lease or otherwise dispose of all or part of such personal property and
any real property which it may own,
at either private treaty or
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,
at either private treaty or 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.
NOTE: The purpose of this bill is to clarify legislative
intent to allow county and municipal development authorities to
sell, lease or otherwise dispose of real or personal property by
either private treaty or public auction and to make such
clarification retroactive.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.