H. B. 2539
(By Delegates Varner, Hutchins, Ennis, Givens, Tucker,
Pettit and Davis)
[Passed April 12, 1997; in effect from passage.]
AN ACT to establish the West Virginia Route 2 and Interstate 68
authority; functions; members; appointment; powers and
duties; officers; bylaws; rules; compensation and expenses;
authority as corporate body; and severability.
Be it enacted by the Legislature of West Virginia:
ROUTE 2 AND INTERSTATE 68 AUTHORITY.
§1. West Virginia Route 2 and Interstate 68 Authority created;
There is hereby created a West Virginia Route 2 and
Interstate 68 Authority, to promote and advance the construction
of a modern highway through Wood, Pleasants, Tyler, Wetzel,
Marshall, Ohio, Brooke, Hancock, Marion and Monongalia 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 West
Virginia Route 2, between Parkersburg and Chester, and Interstate 68, between Moundsville and Morgantown for the benefit of West
§2. Members; appointment; officers.
(a) The authority consists of twenty voting members and
three ex officio nonvoting members. All members shall be
appointed before the first day of July, one thousand nine hundred
(b) Each of the county commissions of the counties of Wood,
Pleasants, Tyler, Wetzel, Marshall, Ohio, Brooke, Hancock, Marion
and Monongalia shall appoint two voting members to the authority.
The terms of the voting members initially appointed by a county
commission are as follows: One member shall be appointed for a
term of two years and one member shall be appointed for a term of
four 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.
(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) The authority shall meet annually on the third Monday in
July and at such other times designated by the authority 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
West Virginia Route 2, between Parkersburg and Chester, and
Interstate 68, between Moundsville and Morgantown;
(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 West Virginia Route 2, between Parkersburg and
Chester, and Interstate 68, between Moundsville and Morgantown,
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 highways described
Each voting member of the authority shall receive
compensation and expense reimbursement from the governing body which appointed the member in an amount to be fixed by the
governing body, not to exceed the same compensation and expense
reimbursement as is paid to members of the Legislature for their
interim duties as recommended by the citizens legislative
compensation commission and authorized by law, for each day or
substantial portion thereof engaged in the performance of
§5. Body corporate.
The authority hereby created is 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.
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 Aact are severable.