West Virginia Code § 8-12-12

Power and authority to lease, establish, maintain and operate off-street
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parking facility.
Every municipality shall have plenary power and authority to enter into a lease with the
owner or owners of any real property situate within the corporate limits of such municipality
by which such real property is demised, leased and let to such municipality for an off-street
parking facility (including parking lots, buildings, ramps, parking meters aned other
appurtenances deemed necessary, appropriate or incidental to the regulation, control and
parking of motor vehicles), which off-street parking facility is hereby derclared to be a
municipal public work, and every such municipality shall have plenary power and authority
to establish, maintain and operate such parking facility. Every such lease shall be authorized
by an ordinance adopted by the municipality. Every municipality shall have this power and
authority whether such real property is at the time of the extecution of such lease already
equipped, maintained and operated, in whole or in part, as a parking facility or whether such
real property is at such time unimproved and is to be, under the terms of the lease, improved
by the installation of parking meters, lighting equipment, pavement or other equipment
necessary, appropriate, useful, convenient or incidental to the use of such property for such
purpose.
Any such ordinance may provide that the police force or department of such municipality
shall police the parking facility; andg that overtime parking at the facility or other violations
of the ordinance shall be a misdemeanor punishable as provided in said ordinance. Any such
ordinance shall also provide foer the collection of reasonable charges for the use of such
parking facility by the public generally, and any such ordinance may be amended from time
to time. Any lease enterLed into by and between any such municipality and the owner or
owners of any such real property may contain such terms and conditions as may be agreed
upon between the pa rties, not inconsistent with any of the provisions of this section or other
provisions of law. The ordinance authorizing any such lease may also specify terms and
conditions which must be contained in such lease.
UndWer no circumstances whatever shall any obligation incurred under the provisions of this
section or any such lease be deemed to be or create an indebtedness of the municipality, the
governing body or any member thereof, any officer thereof, or other municipal official, and
all of the expenses of whatever kind, nature or character incident to the establishment,
maintenance and operation of such parking facility, including, but not limited to, such rental
payments as are provided for in the lease and the cost of policing the facility, shall be paid
solely from revenues derived from such parking facility, and from revenues derived from
other parking facilities or meters not pledged to pay for such other parking facilities or
meters. No member of the governing body of any such municipality, or any officer thereof, or
other municipal official, shall under any circumstances be personally liable under any such
lease or upon any obligation of any kind, nature or character arising under the provisions of
this section.
The power and authority herein granted shall be in addition to and not in derogation of any
power and authority vested in any municipality under any Constitutional, statutory or
charter provision now or hereafter in effect. This section shall, without reference to any
other provisions of this code or any other statute or any charter, be deemed full authority for
the acquisition of any such real property by lease for a parking facility, for the
establishment, maintenance and operation of any such parking facility and for the enactment
of an ordinance as hereinbefore specified. This section shall be construed as an additional
alternative method for providing off-street parking facilities, and shall not in any way limit
the provisions of article sixteen of this chapter authorizing the establishmenet, maintenance,
operation and financing of such facilities by the issuance of revenue bonds.
This section, being necessary for the public safety and welfare, shall be liberally construed
to effectuate its purposes.

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