(a) The City Manager shall be the chief executive officer and administrative authority of the Parking Authority, and shall be a commissioner of the Authority. He shall employ engineers, architects, inspectors, superintendents, managers, collectors, attorneys and such other employees as in his judgment may be necessary in the execution of the Authority's powers and duties, and may fix their compensation, all of whom shall do such work as he may direct. All such compensation and expenses incurred in carrying out the provisions of this article shall be paid solely from funds provided under the authority of West Virginia Code Article 8-16, and neither the City Manager nor the Authority shall exercise or carry out any power or authority herein given, or provided by statute, so as to bind such Authority or the City beyond the extent to which money shall have been or may be provided under the authority of ordinance or statute.
(b) The Authority shall have plenary power and authority to take all steps and proceedings, and to make and enter into all contracts or agreements necessary, appropriate, useful, convenient, or incidental to the performance of its duties and the execution of its powers and authority under the ordinance or State statute; provided, that any contract or agreement relating to the financing, or the construction, reconstruction, establishment, acquisition, improvement, renovation, extension, enlargement, increase or equipment of any works, and any trust indenture, or bonds, with respect thereto as hereafter provided for, or authorized by statute, shall be approved by ordinance by Council. Municipal revenue bonds may be issued pursuant to West Virginia Code 8-16-7 in such amount as may be found necessary to pay the cost of the works and contain such provisions as Council determines are necessary or desirable with regard to the establishment and setting aside of reserves from the proceeds of revenue bonds or from the revenues of such works or from both and the administration and disposition thereof.
(c) No contract or agreement with any contractor or contractor for labor or materials, or both, exceeding in amount of the sum of one thousand dollars ($1,000) shall be made without advertising for bids, pursuant to Article 113
, which bids shall be publicly opened at a regular or special meeting of Council, and an award made to the lowest responsible bidder, with the power and authority in the Authority to reject any and all bids.
(d) After the construction, reconstruction, establishment, acquisition, renovation or equipment of any such works, the Authority shall maintain, operate, manage and control the same, and may order and complete any improvements, extensions, enlargements, increase or repair, including replacements of and to the works that the Authority may deem expedient, if funds therefor are available, or are made available, as provided by ordinance or statute, and shall establish rules and regulations for the use, maintenance and operation of the works, and do all things necessary or expedient for the successful operation thereof. All public ways or public works damaged or destroyed by the Authority in carrying out its powers and duties shall be restored or repaired by the Authority and placed in their original condition as nearly practicable, it requested so to do by proper authority, out of the funds provided under the authority of ordinance or statute.
(e) The Authority shall have the power to provide for the erection and construction of Municipally-owned motor vehicle parking facilities, pedestrian viaducts, ramps, bridges, tunnels, elevators or other pedestrian facilities leading to and from motor vehicle parking facilities, and pursuant to West Virginia Code Article 8-16 may provide for any or all of the following upon adoption of an appropriate ordinance by Council:
(1) For the leasing by the Authority as lessor of space in or on a Municipal public works which is a motor vehicle parking facility for any business, commercial or charitable use to such person, for such fair and adequate consideration, for such period or periods of time and upon such other terms and conditions as such body or bodies or the Authority may agree to. In connection with the leasing of any such space, the Authority may agree to provide in or on such motor vehicle parking facility such structures, accommodations or improvements as may be necessary for such business, commercial or charitable use or such space may be leased upon condition that the lessee shall provide the same in or on the space so leased.
(2) For the leasing by the Authority as lessor or the selling of air space over a Municipal public works which is a motor vehicle parking facility for any business, commercial or charitable use to such person, for such fair and adequate consideration, for such period or periods of time in the case of a lease and upon such other terms and conditions as such body or bodies or the board may agree to. Any lease or deed of sale of such air space may contain provisions authorizing the use of such areas of the underlying motor vehicle parking facility as are essential for ingress and egress to and from such air space, relating to the support of any building or other structure to be erected in such air space and relating to the connection of essential public or private utilities to any building or other structure in such air space.
(3) For the erection or construction by the Authority of any pedestrian viaduct, ramp, bridge, tunnel or other pedestrian facility leading to and from a Municipal public works, which is a motor vehicle parking facility; and any such pedestrian viaduct, ramp, bridge, tunnel or other pedestrian facility shall, for all purposes of this section be considered to be a part of a Municipal public works which is a motor vehicle parking facility with like effect as if the term "Municipal public works" were expressly defined in West Virginia Code 8-16-1 to include pedestrian viaducts, ramps, bridges, tunnels or other pedestrian facilities; provided, that any cost incurred by the City in erecting or constructing any such pedestrian viaduct, ramp, bridge, tunnel or other vehicle parking facility which connects a Municipal public works which is a motor vehicle parking facility with a privately owned building or buildings or other privately owned structure or structures shall be paid for by the owner or owners of such building or buildings or such other structure or structures.
Any such lease may be privately negotiated without any public notice or advertising, and any such sale may be a public sale pursuant to the provision of West Virginia Code 8-12- 18, or such sale may be privately negotiated.
The proceeds received from any lease, sale or payment as provided in this section shall be deemed revenue of the works and used as provided in West Virginia Code 8-16-17.
(Ord. 503. Passed 8-19-80.)