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The Building Commission shall be composed of three members, not more than two of whom shall be from the same political party, and none of whom shall hold any office or employment under the United States of America, the state or any county or political subdivision thereof, or of any political party. All members shall be residents of the town. No member shall receive any compensation for his or her services as such, but each member shall be reimbursed by the Commission for any reasonable and necessary expenses actually incurred by him or her in the discharge of his or her duties as such member. Members first appointed shall serve, one for an initial term of one year, one for an initial term of three years and one for an initial term of five years. On the expiration of each initial term, the successor shall be appointed for a term of five years. Vacancies occurring before the expiration of a term shall be filled by appointment by Council for the unexpired term only. Members shall be appointed to the Commission by resolution of Council.
(Ord. passed 8-27-1968)
The Building Commission is empowered to sue and be sued, contract and be contracted with, adopt, use and alter a common seal, make and adopt all necessary, appropriate and lawful bylaws, rules and regulations pertaining to its affairs, elect such officers, appoint such committees and agents and employ and fix the compensation of such employees and contractors as may be necessary for the conduct of the affairs and operations of the Commission, acquire, purchase, own and hold any property, real, personal or mixed, and acquire, equip, construct, maintain and operate public buildings, structures, projects and appurtenant facilities of any type or types for which the town is permitted by law to expend public funds (all hereinafter referred to as “facilities”), apply for, receive and use grants-in-aid, donations and contributions from any source or sources, including, but not limited to, the United States of America or any agency thereof, and accept and use bequests, devises, gifts and donations from any source whatsoever, sell, encumber or dispose of any property, real, personal or mixed, issue negotiable bonds, notes, debentures or other evidences of indebtedness and provide for the rights of the holders thereof, incur any proper indebtedness and issue any obligations and give any security therefor which it may deem necessary or advisable in connection with exercising powers as provided herein, raise funds by the issuance and sale of revenue bonds in the manner provided by the applicable provisions of W.Va. Code § 8-16-1, and the Commission is hereby declared to be a “governing body” within the definition of that term as used in such sections, exercise the power of eminent domain in the manner provided in W.Va. Code Ch. 54 as for business corporations, for the purposes set forth in this article, which purposes are hereby declared public purposes for which private property may be taken, lease its property or any part thereof, for public purposes, to such persons and upon such terms as the Commission deems proper, and do all things reasonable and necessary to carry out the foregoing powers.
(Ord. passed 8-27-1968)
No statutory limitation with respect to the nature or amount of indebtedness which may be incurred by municipalities or other public bodies shall apply to the indebtedness of the Building Commission. No indebtedness of any nature of the Commission shall constitute an indebtedness of the town or a charge against any property of the town. No obligation incurred by the Commission shall give any right against any member of Council or any member of the Commission. The rights of creditors of the Commission shall be solely against the Commission as a corporate body and shall be satisfied only out of property held by it in its corporate capacity.
(Ord. passed 8-27-1968)
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