SB 516 Text

ENGROSSED

COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 516
(By Senators Unger, Snyder and Rowe)
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[Originating in the Committee on Government Organization;
reported February 26, 2004.]
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A BILL to establish the West Virginia eastern panhandle highway authority to include representatives from Berkeley, Jefferson and Morgan counties; appointment of officers; and powers of authority.

Be it enacted by the Legislature of West Virginia:
WEST VIRGINIA EASTERN PANHANDLE HIGHWAY AUTHORITY.

§1. West Virginia eastern panhandle highway authority created; purposes.

There is hereby created a West Virginia eastern panhandle highway authority to promote and advance the construction of a modern highway through Berkeley, Jefferson and Morgan 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 9 and the new Route 9 proposals and construction from the Virginia line to Berkeley Springs, Interstate 81, Route 11, Route 522, Route 340 and also any existing and proposed by-passes around any municipalities, as well as any other highways in those counties for the benefit of West Virginians.
§2. Members; appointment; officers.

(a) The authority consists of nine voting members and three ex officio nonvoting members. All members shall be appointed before the first day of July, two thousand four.
(b) Each of the county commissions of the counties of Berkeley, Jefferson, and Morgan 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 shall be appointed for a term of two years and two members shall be appointed for terms of four years . All successive appointments shall be for four-year term s. 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 his or her designee, the director of the parkways, economic development and tourism authority or his or her designee and the executive director of the West Virginia development office or his or her 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. Five 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.
(a) The authority has all but only those powers necessary, incidental, convenient and advisable for the following purposes:
(1) Promoting economic development and tourism along West Virginia Route 9 and the new Route 9 proposals and construction from the Virginia line to Berkeley Springs, Interstate 81, Route 11, Route 522, Route 340 and also any existing and proposed by-passes around any municipalities, as well as any other highways in Berkeley, Jefferson and Morgan counties;
(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 9 and new Route 9 construction and design and other highways in those counties at the request of or without the request of any governmental entity or private person or entity.
(b) 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 herein.

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