H. B. 2490
(By Delegates Douglas, Doyle and Faircloth)
[Introduced February 15, 1995; referred to the
Committee on Political Subdivisions.]
A BILL to amend and reenact sections three and eight, article
twenty-nine, chapter eight of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
regional airports; development of industrial parks.
Be it enacted by the Legislature of West Virginia:
That sections three and eight, article twenty-nine, chapter
eight of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted to read as
follows:
ARTICLE 29. REGIONAL AIRPORTS.
§8-29-3. Authorities empowered and authorized to acquire,
operate, etc., airports; state aeronautics commission.
Each authority is hereby empowered and authorized to
acquire, establish, construct, equip, improve, finance, maintain
and operate a regional airport or landing field and appurtenant
facilities so located to best serve the region in which they are
located,
including, but not limited to, industrial parks. Each
authority shall be subject to the jurisdiction of the state
aeronautics commission to the same extent as a state or municipal
airport.
PART II. GENERAL POWERS OF AUTHORITIES.
§8-29-8. Powers of authorities generally.
Each authority is hereby given plenary power and authority
as follows:
(1) To make and adopt all necessary bylaws and rules
and
regulations 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 a public airport to best serve the region in which it
is located,
including the development of an industrial park in
the same general area;
(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 such security
therefor as shall be requisite, including giving a mortgage or
deed of trust on its airport 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 article
sixteen of this chapter, it being hereby expressly provided that
for the purpose of the issuance and sale of revenue bonds, each
authority is a "governing body" as that term is used in said
article sixteen 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 such use;
(11) To expend its funds in the execution of the powers and
authority herein given;
(12) To apply for, receive and use loans, grants, donations,
technical assistance and contributions from any regional or area
commissions that may be established; and
(13) To prescribe by bylaw the manner of financial participation by members.
NOTE: The purpose of this bill is to specifically authorize
regional airport authorities to engage in action regarding the
development of industrial parks in the same general area.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
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