ENROLLED
H. B. 2854
(By Delegates Boggs, Stemple, Leggett and Border)
[Passed April 12, 1997; in effect from passage.]
AN ACT to establish the Little Kanawha River Parkway Authority;
functions; members; appointment; powers and duties;
officers; bylaws and rules; compensation and expenses;
authority as corporate body; and severability.
Be it enacted by the Legislature of West Virginia:
WEST VIRGINIA LITTLE KANAWHA RIVER PARKWAY AUTHORITY.
§1. Highway authority created; purpose.
There is hereby created the Little Kanawha River Parkway
Authority, to promote and advance the construction of a modern
highway through Wirt, Braxton, Gilmer, Calhoun and Wood counties,
to be known as the Little Kanawha River Parkway Authority 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 Little
Kanawha River Parkway for the benefit of West Virginians.
§2. Members; appointment; officers.
(a) The authority consists of fifteen 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 Wirt,
Gilmer, Calhoun, Braxton and Wood shall appoint three voting
members to the authority. The terms of the voting members
initially appointed by a county commission are as follows: One
member from each county shall be appointed for a term of one
year, one member from each county shall be appointed for a term
of two years and the rest of the members 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. Eight 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 and rules as may be necessary for
its operation and management.
§3. Powers.
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
Little Kanawha River Parkway;
(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 Little Kanawha River Parkway and West Virginia
routes between Burnsville and Elizabeth into Mineral Wells 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.
§4. Compensation.
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
official duties.
§5. 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.
§6. 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 Aact are severable.
Adopted
Rejected