(A) Commission created. There is hereby created a Municipal Building Commission for the city, which shall be known as “Shinnston Municipal Building Commission”, herein called the “Commission”.
(Prior Code, § 146.01)
(B) Public corporation. The Commission shall be a public corporation and shall have perpetual existence.
(Prior Code, § 146.02)
(C) Members.
(1) All property, powers and duties and the management and control of the Commission shall be vested in a Board of three members appointed by Council for terms of three years.
(2) Members first appointed shall serve respectively for terms of one year, two years and three years. Thereafter, members shall be appointed for terms of three years each. Vacancies shall be filled by appointment for the unexpired term only. As the term of each initial appointment expires, the successor to fill the vacancy created by such expired term shall be appointed for a term of three years. No member of the Commission shall hold any office or employment under the United States of America, the state, any county or political subdivision thereof, or of any political party. All members of the Commission shall be residents of the city; no member of such Commission 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 in the discharge of his or her duties as a member of the Commission.
(Prior Code, § 146.03)
(D) Powers. The 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 city 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 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 West Virginia Code, and such Commission is hereby declared to be a “municipal authority” with the power of eminent domain in the manner provided in the West Virginia Code, for the purposes set forth in this article, which purposes set forth in this section, 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.
(Prior Code, § 146.04)
(E) Indebtedness. No statutory limitation with respect to the nature or amount of indebtedness which may be incurred by municipalities or other public or governmental bodies shall apply to the indebtedness of the Commission. No indebtedness of any nature of the Commission shall constitute an indebtedness of the municipality or a charge against any property of the municipality. No obligation incurred by the Commission shall give any right against any member of the 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.
(Prior Code, § 146.05)
(F) Disposition of surplus. If the Commission should realize a surplus over and above the amount required for the maintenance, improvements and operation of its facilities and for meeting all required payments on its obligations, it shall set aside such a reserve for future operations, improvements and contingencies as it shall deem proper and shall then apply the residue of such surplus, if any, to the payment of any recognized and established obligations not then due; and, after all such recognized and established obligations have been paid and discharged in full, the Commission shall, at the end of each fiscal year, set aside the reserve for future operations, improvements and contingencies, as aforesaid, and then pay the residue of such surplus, if any, to the city.
(Prior Code, § 146.06)
(G) Contributions.
(1) Contributions may be made to the Commission from time to time by Council and any other persons, firms or corporations that may desire to do so.
(2) All funds received by the Commission shall be deposited in such bank or banks as the Commission may determine and shall be withdrawn therefrom in such manner as the Commission may direct. Such Commission shall keep a strict account of all of its receipts and expenditures and shall quarterly report to the counties, municipalities, persons, firms or corporation which have made contributions to it. Such report shall contain an itemized account of the Commission’s receipts and disbursements during the preceding quarter. Such report shall be made within 60 days after the end of the quarter. Within 60 days after the end of each fiscal year, the Commission shall make an annual report containing an itemized statement of its receipts and disbursements for the preceding year and publish the same as a Class II-O legal advertisement in compliance with West Virginia Code. The publication area for such publication shall be each county in which the Commission’
(Prior Code, § 146.07)
(H) Sale of property. In the event a majority of Council shall so direct in writing and, if all indebtedness of the Commission has been paid in full, the Commission shall sell, or transfer all or any of its properties, and assets so directed and distribute the proceeds thereof, if any, to the city.
(Prior Code, § 146.08)
(I) Worker’s compensation. The Commission shall subscribe to the Worker’s Compensation Fund of the state, and pay all necessary premiums therein, to the end that all eligible employees of such Commission shall be covered by worker’s compensation.
(Prior Code, § 146.09) (Ord. passed 5-16-1968; Ord. passed 12-14-2015)
Statutory reference:
Authority to establish, see W.Va. Code Art. 8-33