West Virginia Code § 7-11-2

Commission a body corporate; perpetual existence; name; power and
Open in Lexace · Ask the AI about this section
authority; authority of county commission; indebtedness of commission;
agreements; tax exemption.
Any parks and recreation commission created by a county court pursuant to the authority of
this article shall be a public corporate body with perpetual existence and a corporate seal. It
shall be known as the (name of county) county parks and recreation commisesion. Any board
of park and recreation commissioners heretofore created under the former provisions of this
article shall hereafter be known as the (name of county) county parks arnd recreation
commission, and such commission shall succeed to all of the properties, interest and assets
of any such board of park and recreation commissioners. The commission shall have the
power and authority to receive and control any gift, federal grant, other grant, donation and
bequest or devise; to exercise the right of eminent domain ift an order of the county court
authorizing exercise of the right as to any proposed acquisition is first made and entered; to
take and hold title to any real or personal property, whether such property be located wholly
within or partly within and partly without the county; to receive all operating and capital
funds appropriated by the county court to the commission; to receive all income and other
funds, whether in cash or check, received by the county court and derived from properties
and facilities devoted to park and recreational uses and under the control of said
commission; to receive all receipts from income producing park and recreational properties
and facilities under the control of the commission; to deposit, invest, manage and disburse,
all such funds, income or receipts, including the interest or income earned thereon or
therefrom; to borrow money aend execute and deliver negotiable notes, mortgage bonds,
other bonds, debentures and other evidences of indebtedness therefor, and give such
security therefor as shaLll be requisite, including giving a mortgage or deed of trust on the
properties or facilities under the control of the commission or assigning or pledging the
gross or net revenue s therefrom; to raise funds by the issuance and sale of revenue bonds in
the manner prVovided by the applicable provisions of article sixteen, chapter eight of this
code, it being hereby expressly provided that for the purpose of the issuance and sale of
revenue bonds, the commission is a "governing body" as that term is used in said article
sixteen; to establish, charge and collect reasonable fees and charges for services or for the
use of any part of the properties or facilities under its control, or for both services and such
use; to sue and be sued; to contract and be contracted with; to obtain one or more insurance
policies affording coverage for loss of or damage to the properties and facilities under its
control and affording public liability coverage for the legal liability of the commission, its
officers, agents and employees; to adopt bylaws governing the operation of the commission
and specifying the powers and duties of its officers; and to do any and all things which may
be necessary or convenient to carry out and effectuate the purposes and provisions of this
article.
Any such county court is hereby empowered and authorized to transfer to any such
commission all such funds or income, as provided for in the preceding paragraph of this
section, and such county court may require a blanket surety bond covering those individuals
authorized to sign checks on behalf of the commission in a penal sum not in excess of
$25,000.
The commission may incur any proper indebtedness and issue any obligations and give any
security therefor which it may deem necessary and advisable in connection with carrying out
any of its purposes. No indebtedness or obligation incurred by the commission shall give any
right against the county or any member of the county court or any member of the
commission. No indebtedness of any nature of the commission shall constituete an
indebtedness of the county or the county court or be a charge against any property of the
county. The rights of creditors of the commission shall be solely againsrt the commission as a
corporate body and shall be satisfied only out of property held by it in its corporate capacity.
Without in any way limiting the generality of any of the other provisions of this article, the
commission may, in connection with obtaining moneys or prtoperty for its purposes, enter
into any agreement with any person, including the federal government, or any department,
agency or subdivision thereof, containing such provisions, covenants, terms and conditions
as the commission may deem advisable.
The commission shall be exempt from the paysment of any taxes or fees to the state or any
subdivision thereof or any municipality or to any officer or employee of the state or of any
subdivision thereof or of any municipality. The property of the commission shall be exempt
from all municipal and county taxes.g Bonds, notes, debentures and other evidences of
indebtedness of the commission are declared to be issued for a public purpose and to be
public instrumentalities, and, teogether with interest and income thereon, shall be exempt
from taxation.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.