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Subject to the procedures and limitations set forth in this article, the Municipal Building Commission shall have the plenary power and authority to:
(a) Sue and be sued;
(b) Contract and be contracted with;
(c) Adopt, use and alter a common seal;
(d) Make and adopt all necessary, appropriate and lawful bylaws and rules and regulations pertaining to its affairs.
(e) 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;
(f) Acquire, purchase, own and hold any property, real or personal; and acquire, construct, equip, maintain and operate public buildings, structures, projects and appurtenant facilities, of any type or types for which Council is permitted by law to expend public funds (all hereinafter referred to as facilities);
(g) 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 department or agency thereof, and accept and use bequests, devises, gifts and donations from any source whatever;
(h) Sell, encumber or dispose of any property, real or personal;
(i) 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 in this article;
(j) Raise funds by the issuance and sale of revenue bonds in the manner provided by the applicable provisions of West Virginia Code 8-16-7, 8-16-10, 8-16-12 and 8- 16-6 without regard, to the extent provided in West Virginia Code 8-33-5 to the limitations specified in West Virginia Code 8-16-12 as amended; it being hereby expressly provided, that for the purpose of the issuance and sale of revenue bonds, such Commission is a "governing body" as that term is used in West Virginia Code, Article 8-16 only;
(k) Exercise the power of eminent domain in the manner provided in West Virginia Code, Chapter 54, as it may be from time to time amended, for business corporations, for the purposes set forth in subsection (f) hereof, which purposes are hereby declared to be public purposes for which private property may be taken or damaged; provided, that the power of eminent domain shall be exercised by the Commission only after first obtaining the approval of Council, which shall either approve or disapprove the Commission's request by resolution within thirty days after receipt by the Mayor or the City Clerk of the Commission's written request, which written request shall specifically describe the property to be condemned, shall include a plat or survey thereof and shall set forth the purposes for such condemnation, and any other matters deemed appropriate by the Commission;
(l) Lease its property or any part thereof, for public purposes, to such person and upon such terms as the Commission deems proper; but when any municipality or county commission is a lessee under any such lease, such lease must contain a provision granting to such municipality or county commission the option to terminate such lease during any fiscal year covered thereby; and
(m) Do all things reasonable and necessary to carry out the foregoing powers.
(1970 Code Sec. 2-98)