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Senate Bill 516 History
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Key: Green = existing Code. Red = new code to be enacted
ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 516
(Senators Unger, Snyder and Rowe, original sponsors)
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[Passed March 13, 2004; in effect ninety days from passage.]
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AN ACT to establish the West Virginia eastern panhandle
transportation 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 TRANSPORTATION AUTHORITY.
§1. West Virginia eastern panhandle transportation authority
created; purposes.
There is hereby created a West Virginia eastern panhandle
transportation 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.