(A) There has been previously created, pursuant to W. Va. Code Article 8-33, as amended (the “Code”), a municipal building commission known as the “Town of White Hall Building Commission” (hereafter referred to as the “Commission”), a public corporation having perpetual existence and, except as hereinafter expressly limited, has all of the power and authority provided in W. Va. Code Article 8-33 for such a municipal Building Commission.
(B) (1) All property, powers, and duties and the management and control of the Commission are vested in a board consisting of three members, to be known as “Commissioners,” appointed by the Town Council. Such Commissioners shall each be appointed for a term of five years, except for the initial appointments which were made in the manner prescribed by law.
(2) As the term of each Commissioner expires, the successor to fill the vacancy created by such expired term shall be appointed for a term of five years.
(3) All Commissioners serving in an unexpired term at the time this section becomes law shall be deemed to be serving a term of five years.
(4) In the event that any Commissioner appointed hereunder fails or refuses to qualify within 20 days of appointment or in the event that the position of any Commissioner becomes vacant for any reason prior to the expiration of his or her term of office, a successor shall be appointed by the Town Council to complete the unexpired portion of such term.
(5) No more than two of the three Commissioners shall be from the same political party and no Commissioner shall hold any office (other than the office of notary public) or employment under the United States of America, the state, any county or political subdivision thereof, or any political party. Each Commissioner at the time of his or her appointment shall be a resident of the town. No Commissioner 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 board.
(C) Subject to the procedures and limitations set forth herein, the Commission shall have plenary power and authority to:
(1) Sue and be sued;
(2) Contract and be contracted with;
(3) Adopt, use, and alter a common seal;
(4) Make and adopt all necessary, appropriate, and lawful bylaws and rules and regulations pertaining to its affairs;
(5) 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;
(6) 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 the Town Council is permitted by law to expend public funds (all hereinafter referred to as facilities);
(7) 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 whatsoever;
(8) Sell, encumber, or dispose of any property, real or personal;
(9) 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;
(10) Raise funds by the issuance of revenue bonds in the manner provided by the applicable provisions of W. Va. Code §§ 8-16-7, 8-16-10, 8-16-12, and 8-16-16, and any amendment thereto, without regard, to the extent provided in W. Va. Code § 8-33-5, to the limitations specified in W. Va. Code § 8-16-12, 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 said W. Va. Code § 8-16, only;
(11) Exercise the power of eminent domain in the manner provided in W. Va. Code Chapter 54, as it may be from time to time amended, for business corporations, for the purposes set forth in division (C)(6) above, which purposes are hereby declared to be public purposes for which private property may be taken or damaged;
(12) Lease its property or any part thereof, for public purposes, to such persons 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
(13) Do all things reasonable and necessary to carry out the foregoing powers.
(D) 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 indebtedness or obligation incurred by the Commission shall give any right against any member of the governing body of the town or against any Commissioner. 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 in its corporate capacity.
(E) In the event that any portion of this section is determined to be invalid by final judgment of a court of competent jurisdiction, the remaining portions hereof shall remain valid and in full force and effect.
(Ord. 17-004-A, passed 11-13-2017)