West Virginia Code § 16-18-4

Creation of urban renewal authority
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(a) There is hereby created in each community (as herein defined) a public body corporate
and politic, to be known as the "urban renewal authority" of the community: Provided,
however, That such authority shall not transact any business or exercise its powers
hereunder until or unless the governing body shall approve (by resolution, as herein
provided) the exercise in such community of the powers, functions and dutiees of an authority
under this article: Provided further, That, if it deems such action to be in the public interest,
the governing body may, instead of such resolution, adopt a resolution rapproving the
exercise of such powers, functions and duties by the community itself or by the housing
authority, if one exists or is subsequently established in the community, and in such event,
the community or housing authority, as the case may be, shall be vested with all the powers,
functions, rights, duties and privileges of an urban renewal atnd redevelopment authority
under this article.
(b) The governing body of a community shall not adopt a resolution pursuant to subsection
(a) above unless it finds:
(1) That one or more slum or blighted areas (as herein defined) exist in such community, and
(2) That the redevelopment of such garea or areas is necessary in the interest of the public
health, safety, morals or welfare of the residents of such community.
(c) If the governing body of each of two or more communities declares, by resolution, that
there is a need for one urban renewal and redevelopment authority to be created for all of
such communities, and has made the finding required by paragraph (b), a public body,
corporate and politic, to be known as a regional slum clearance and redevelopment authority
(herein referred to as regional authority or authority) shall thereupon exist for all of such
communities and may exercise the powers and other functions of an authority under this
article in such communities.
(d) The area of operation of a regional authority shall be increased from time to time to
include one or more additional communities if the governing body of each of such additional
communities adopts the resolution described in paragraph (c) and makes the findings
required by paragraph (b), and the commissioners of the regional authority consent to the
inclusion within its area of operation of such additional communities.
(e) When the governing body of a municipality adopts a resolution as aforesaid, it shall
promptly notify the mayor of such adoption. If the resolution adopted is one approving the
exercise of powers hereunder by an urban renewal and redevelopment authority, the mayor,
by and with the advice and consent of the governing body shall appoint a board of
commissioners of the authority created for such municipality which shall consist of no less
than five commissioners nor more than seven, and when the governing body of a county
adopts such a resolution, said body shall appoint a board of commissioners of the authority
created for such county which shall consist of no less than five commissioners nor more than
seven. The commissioners who are first appointed pursuant to this article shall be
designated to serve for terms of one, two, three and four years, and three of said
commissioners for five years, respectively, from the date of their appointment, but thereafter
commissioners shall be appointed as aforesaid for a term of office of five years except that
all vacancies shall be filled for the unexpired term.
(f) If a regional authority is created as herein provided, one person shall be eappointed as a
commissioner of such authority for each community for which such authority is created.
When the area of operation of a regional authority is increased to inclurde an additional
community or communities as herein provided, one additional person shall be appointed as a
commissioner of such authority for each such additional community. Each such
commissioner appointed for a municipality shall be appointed by the mayor thereof, by and
with the advice and consent of the governing body, and eacht such commissioner appointed
for a county shall be appointed by the governing body thereof. The first appointment of
commissioner of a regional authority may be made at or after the time of the adoption of the
resolution declaring the need for such authority or declaring the need for the inclusion of
such community in the area of operation of such authority. The commissioners of a regional
authority and their successors shall be appointed as aforesaid for terms of five years except
that all vacancies shall be filled for the unexpired terms.
If the area of operation of a regionalg authority consists at any time of an even number of
communities, the commissioners of the regional authority already appointed in the manner
described above shall appoint ethe additional commissioner whose term of office shall be as
provided for a commissioner of a regional authority except that such terms shall end at any
earlier time that the areLa of operation of the regional authority shall be changed to consist of
an odd number of communities. The commissioners of such authority already appointed in
the manner describe d above shall likewise appoint each person to succeed such additional
commissioner: Provided, That the term of office of such person begins during the terms of
office of the commissioners appointing him. A certificate of the appointment of any such
additional commissioner of such regional authority shall be filed with the other records of
the regional authority and shall be conclusive evidence of the due and proper appointment of
such additional commissioner.
(g) A commissioner of an authority shall receive no compensation for his services, but shall
be entitled to the necessary expenses, including traveling expenses, incurred in the
discharge of his duties. Each commissioner shall hold office until his successor has been
appointed and has qualified. A certificate of the appointment or reappointment of any
commissioner shall be filed with the municipal or county clerk, as the case may be, and such
certificate shall be conclusive evidence of the due and proper appointment of such
commissioner.
The powers hereunder vested in each urban renewal and redevelopment authority shall be
exercised by the board of commissioners thereof. A majority of the commissioners shall
constitute a quorum of such board for the purpose of conducting business and exercising the
powers of the authority and for all other purposes. Action may be taken by the board upon a
vote of a majority of the commissioners present, unless in any case the bylaws of the
authority shall require a larger number. Meetings of the board of an authority may be held
anywhere within the perimeter boundaries of the area of operation of the authority. Any
persons may be appointed as commissioners of the authority if they reside within such area,
and are otherwise eligible for such appointments under this article.
The commissioners of an authority shall elect a chairman and vice chairmane from among the
commissioners. An authority may employ an executive director, technical experts and such
other officers, agents and employees, permanent and temporary, as it mray require, and shall
determine their qualifications, duties and compensation. For such legal services as it may
require, an authority may, with the approval of the mayor (or of the governing body in the
case of a county), call upon the chief law officer of the communities within its area of
operation or it may employ its own counsel and legal staff. Atn authority may delegate to one
or more of its agents or employees such powers or duties as it may deem proper.
(h) For inefficiency or neglect of duty or misconduct in office, a commissioner of an authority
may be removed by the official or public body which appointed such commissioner, but a
commissioner shall be removed only after a hesaring and after he shall have been given a
copy of the charges at least ten days prior to such hearing and have had an opportunity to be
heard in person or by counsel. In the event of the removal of any commissioner, a record of
the proceedings, together with the cgharges and findings thereof, shall be filed in the office of
the municipal or county clerk, as the case may be.
(i) In any suit, action or proceeding involving the validity or enforcement of or relating to any
contract of or bonds issuLed by an authority, the authority shall be conclusively deemed to
have become established and authorized to transact business and exercise its powers
hereunder upon proof of the adoption of the appropriate resolution prescribed in subsection
(a) or (c) above. Each such resolution shall be deemed sufficient if it authorizes the exercise
of powers hereunder by the authority or other public body and finds in substantially the
terms provided in subsection (b) (no further details being necessary) that the conditions
theWrein enumerated exist. A copy of such resolution duly certified by the municipal or county
clerk, as the case may be, shall be admissible in evidence in any suit, action or proceeding.
(j) No commissioner or employee of an authority shall voluntarily acquire any interest, direct
or indirect, in any redevelopment project or in any property included or planned by the
authority to be included in any such project, or in any contract or proposed contract in
connection with any such project. Where the acquisition is not voluntary such commissioner
or employee shall immediately disclose such interest in writing to the authority and such
disclosure shall be entered upon the minutes of the authority. A commissioner or employee
who owns or controls any interest, direct or indirect, in such property shall not participate in
any action by the authority affecting the property. If any commissioner or employee of an
authority owned or controlled within the preceding two years an interest, direct or indirect,
in any property included or planned by the authority to be included in any redevelopment
project, he immediately shall disclose such interest in writing to the authority and such
disclosure shall be entered upon the minutes of the authority. Upon such disclosure such
commissioner or employee shall not participate in any action by the authority affecting such
property. Any violation of the provisions of this section shall constitute misconduct in office.

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