(a) The Clarksburg LRA shall have all the powers necessary and convenient to carry out and effectuate the purposes and provisions of this Article and chapter 31, article 18E of the West Virginia Code. The powers may be authorized by the Board or delegated to the staff of the Clarksburg LRA pursuant to Board rules. The powers include, but are not limited to, the following:
(1) To adopt, amend, and repeal bylaws, policies, and procedures for the regulation of its affairs and the conduct of its business, including duties of officers, attendance, and participation of members in regular and special meetings, a procedure to remove a member by a majority vote for failure to comply with a rule, general terms and conditions for consideration to be received for the transfer of real property and interests in real property, and other matters necessary to govern the conduct of the Clarksburg LRA;
(2) To sue and be sued in its own name and be a party to a civil action, including in any action to clear title to property or expedite quiet title actions;
(3) To adopt a seal and to alter the same;
(4) To borrow from federal government funds, from the state, from private lenders, from municipalities, or from counties, as necessary, for the operation and work of the Clarksburg LRA;
(5) To issue negotiable revenue bonds and notes according to the provisions of chapter 31, article 18E of the West Virginia Code;
(6) To procure insurance or guarantees from the federal government or the state on the payment of debt incurred by the Clarksburg LRA and pay premiums in connection with the insurance or guarantee;
(7) To hire staff, including legal counsel, and to utilize the staff of other City departments as approved by the City Manager;
(8) To enter into contracts and other instruments necessary, incidental, or convenient to the performance of its duties and the exercises of its powers, including to enter into contracts and intergovernmental cooperation agreements with municipalities or counties for the performance of functions by municipalities or counties on behalf of the Clarksburg LRA or by the Clarksburg LRA on behalf of the City;
(9) To make and execute contracts and other instruments necessary or convenient to the exercise of powers of the Clarksburg LRA. Any contract or instrument signed shall be executed by and for the Clarksburg LRA if the contract or instrument is signed by both (A) the chair or vice-chair of the Clarksburg LRA Board and (B) the secretary or treasurer of the Clarksburg LRA Board;
(10) To procure insurance against losses in connection with the real property, assets, or activities of the agency;
(11) To invest money of the Clarksburg LRA in instruments, obligations, securities, or property and to name and use depositories for its money;
(12) To enter into contracts for the management of, the collection of rent from, or the donation or sale of real property to the Clarksburg LRA;
(13) To design, develop, construct, demolish, reconstruct, deconstruct, rehabilitate, renovate, relocate, and otherwise improve real property or rights or interests in real property;
(14) To fix, charge, and collect rents, fees, and charges for the use of real property of the Clarksburg LRA and for services provided by the Clarksburg LRA;
(15) To grant or acquire licenses, easements, leases, or options with respect to real property;
(16) To enter into partnerships, joint ventures, and other collaborative relationships with municipalities, counties, and other public and private entities for the ownership, management, development, and disposition of real property;
(17) To organize and reorganize the executive, administrative, clerical, and divisions of the Clarksburg LRA;
(18) To hold title to property in its own name;
(19) To acquire property in any lawful way, including by acquiring an interest in tax delinquent properties through regular tax sale, right of first refusal authority, or post-sale where no person bids on a property, as authorized in West Virginia Code;
(20) To coordinate and cooperate with other entities, including, but not limited to, public utilities and county-level agencies or departments, to improve data sharing to help determine vacant and rental properties;
(21) To file liens against property where debts or fines are owed to the Clarksburg LRA or City, and to enter into any agreements deemed beneficial by the board to waive or modify those liens, debts, or fines; and
(22) To do all other things necessary or convenient to achieve the objectives and purposes of the Clarksburg LRA, as further stated throughout this article.
(b) To promote the efficient operation of the Clarksburg LRA, all of the Clarksburg LRA's funds shall be placed in a special revenue fund in the City treasury hereby established to be known as the Clarksburg LRA Fund, along with any subaccounts deemed necessary by the Board. (Ord. 23-18. Passed 7-20-23.)