ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 416
(Senators Yoder, Dugan and Plymale, original sponsors)
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[Passed March 8, 1995; in effect ninety days from passage.]
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AN ACT 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 authorizing regional airport authorities to develop
industrial parks in area of public airports.
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. INTERGOVERNMENTAL RELATIONS--REGIONAL AIRPORTS.
§8-29-3. Authorities empowered and authorized to acquire,
operate, etc., airports and develop industrial parks;
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 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 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.
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