H. B. 2854
(By Delegates Boggs, Stemple, Leggett and Border)
[Introduced March 28, 1997; referred to the
Committee on Government Organization.]
A BILL 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; functions.
Recognizing the contributions and improvements brought about
by individuals and groups previously working toward this goal,
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 and 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 Wirt,
Gilmer, Calhoun, Braxton and Wood 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 regularly scheduled
meetings at 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 and 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
Little Kanawha River Parkway Authority;
(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 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.
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.
§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 Aact are declared to be severable.
NOTE: The purpose of this bill is to create the Little
Kanawha River Parkway Authority for the purpose of promoting
economic development and tourism in the area between Burnsville
and Elizabeth into Mineral Wells.
The provisions of this local bill are new; therefore,
strike-throughs and underscoring have been omitted.