H. B. 2397
(By Delegates Michael, Doyle,
Martin, Mezzatesta, Proudfoot,
Collins and Williams)
[Introduced March 4, 1997; referred to the
Committee on Roads and Transportation then Government Organization.]
A BILL to establish the Robert C. Byrd Corridor H Highway
Authority; functions; members; appointment; powers and
duties; officers; bylaws and rules; compensation; authority
as corporate body; and severability.
Be it enacted by the Legislature of West Virginia:
ROBERT C. BYRD CORRIDOR H HIGHWAY AUTHORITY.
§1. Highway authority created; functions.
There is hereby created the Robert C. Byrd Corridor H
Highway Authority, to promote and advance the construction of a
modern highway, to be known as the Robert C. Byrd Corridor H
Highway, through Randolph, Tucker, Grant, Hardy, Barbour, Upshur
and Lewis 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 the Robert C. Byrd Corridor H Highway
for the benefit of West Virginians.
§2. Members; appointment; powers and duties generally; officers;
bylaws; rules; compensation.
(a) The authority consists of twenty-one 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
Randolph, Tucker, Grant, Hardy, Barbour, Upshur and Lewis shall
appoint three voting members to the commission. 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 two members 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
Robert C. Byrd Corridor H Highway;
(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 the Robert C. Byrd Corridor H Highway 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 highway.
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, the 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 create the Robert C.
Byrd Corridor H Highway Authority for the purpose of promoting
the construction of a modern highway through Randolph, Tucker,
Grant, Hardy, Barbour, Upshur and Lewis counties.
This section is new, therefore strike-throughs and
underscoring have been omitted.