West Virginia Code § 5-6-4

Powers of commission
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(a) The commission has the power:
(1) To sue and be sued, plead, and be impleaded;
(2) To have a seal and alter the same at pleasure;
(3) To contract to acquire and to acquire, in the name of the commission or of the state, by
purchase, lease, lease-purchase or otherwise, real property or rights or easements necessary
or convenient for its corporate purposes and to exercise the power of eminent domain to
accomplish those purposes;
(4) To acquire, hold and dispose of personal property for its corporate purposes;
(5) To make bylaws for the management and regulation of its affairs;
(6) With the consent of the Attorney General of the State of West Virginia, to use the
facilities of his or her office, assistants and employees in all legal matters relating to or
pertaining to the commission;
(7) To appoint officers, agents and employees and fix their compensation;
(8) To make contracts, and to eexecute all instruments necessary or convenient to effectuate
the intent of, and to exercise the powers granted to it by this article;
(9) To renegotiate all contracts entered into by it whenever, due to a change in situation, it
appears to the commission that its interests will be best served;
(10) To construct a building or buildings on real property, which it may acquire, or which
may be owned by the State of West Virginia, in the city of Charleston, as convenient as may
be tWo the capitol building, together with incidental approaches, structures and facilities,
subject to the consent and approval of the city of Charleston in any case as may be
necessary; and, in addition, to acquire or construct a warehouse, including office space in
the warehouse in Kanawha County for the West Virginia Alcohol Beverage Control
Commissioner, and equip and furnish the office space; and to acquire or construct, through
lease, purchase, lease-purchase or bond financing, hospitals or other facilities, buildings, or
additions or renovations to buildings as may be necessary for the safety and care of patients,
inmates and guests at facilities under the jurisdiction of and supervision of the division of
health and at institutions under the jurisdiction of the Division of Corrections or the regional
jail and correctional facilities authority; and to formulate and program plans for the orderly
and timely capital improvement of all of the hospitals and institutions and the state Capitol
buildings; and to construct a building or buildings in Kanawha County to be used as a
general headquarters by the division of public safety to accommodate that division's
executive staff, clerical offices, technical services, supply facilities and dormitory
accommodations; and to develop, improve and expand state parks and recreational facilities
to be operated by the Division of Natural Resources; and to establish one or more systems or
complexes of buildings and projects under control of the commission; and, subject to prior
agreements with holders of bonds previously issued, to change the systems, complexes of
buildings and projects from time to time, in order to facilitate the issuance and sale of bonds
of different series on a parity with each other or having such priorities between series as the
commission may determine; and to acquire by purchase, eminent domain or otherwise all
real property or interests in the real property necessary or convenient to acecomplish the
purposes of this subdivision. The rights and powers set forth in this subdivision shall not be
construed as in derogation of any rights and powers now vested in the rWest Virginia Alcohol
Beverage Control Commissioner, the Department of Health Facilities, the Division of
Corrections, or the Division of Natural Resources;
(11) To maintain, construct, remove, and operate a project atuthorized under this article;
(12) To charge rentals for the use of all or any part of a project or buildings at any time
financed, constructed, acquired or improved, in whole or in part, with the proceeds of sale of
bonds issued pursuant to this article, subject to and in accordance with such agreements
with bondholders as may be made as provideds in this article: Provided, That on and after the
effective date of the amendments to this section, to charge rentals for the use of all or any
part of a project or buildings at any time financed, constructed, acquired, maintained or
improved, in whole or in part, with tghe proceeds of sale of bonds issued pursuant to this
article, subject to and in accordance with such agreements with bondholders as may be
made as in this section provideed, or with any funds available to the state building
commission, including, but not limited to, all buildings and property owned by the State of
West Virginia or by the Lstate building commission, but no rentals shall be charged to the
Governor, Attorney General, Secretary of State, State Auditor, State Treasurer, the
Legislature and the m embers of the Legislature, the Supreme Court of Appeals, nor for their
offices, agencies, official functions and duties;
(13) To issue negotiable bonds and to provide for the rights of the holders of the negotiable
bonWds;
(14) To accept and expend any gift, grant, or contribution of money to, or for the benefit of,
the commission, from the State of West Virginia or any other source for any or all of the
purposes specified in this article or for any one or more of such purposes as may be specified
in connection with the gift, grant, or contribution;
(15) To enter on any lands and premises for the purpose of making surveys, soundings, and
examinations;
(16) To invest in United States government obligations, on a short-term basis, any surplus
funds which the commission may have on hand pending the completion of any project or
projects;
(17) To issue revenue bonds in accordance with the applicable provisions of this article for
the purposes set forth in §5-6-11a of this code; and
(18) To do all things necessary or convenient to carry out the powers given in this article.
(19) The power and authority granted to the state building commission pursuant to this
section and §5-6-7, §5-6-8, and §5-6-11a of this code to initiate, acquire, construct, finance or
develop projects; to issue revenue bonds; or to exercise the power of eminent domain with
respect to any project, shall terminate on the effective date of this section: Provided, That
nothing herein shall be construed to affect the validity of any act of the state building
commission prior to the effective date of this section or to impair the rights of bondholders
with respect to bonds or other evidence of indebtedness issued purior to the effective date of
this section. Following the effective date of this section, the secretary of administration may
exercise any power expressly granted pursuant to this articlte with respect to any project or
facility previously constructed or acquired, any existing contractual obligations, and any
outstanding bonded indebtedness. Refunding bonds for any outstanding bonded
indebtedness are authorized, subject to the provisions of article two-e, chapter thirteen of
this code. The West Virginia economic development authority provided for in §31-15-1 et
seq. of this code is designated to act as the gosverning body whose authorizations and
determinations are required for the purpose of refunding bonds.
(b) Notwithstanding any provision ogf this code to the contrary, the commission may not
cause or permit to be caused the dedication or naming of any state building or public
structure for a public official weho is holding office at the time of the proposed dedication or
naming.

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