West Virginia Code § 8-33-4

Powers
Open in Lexace · Ask the AI about this section
Each commission shall have plenary power and authority to:
(a) Sue and be sued;
(b) Contract and be contracted with;
(c) Adopt, use and alter a common seal;
(d) Make and adopt all necessary, appropriate and lawful bylaws and rules and regulations
pertaining to its affairs;
(e) Elect such officers, appoint such committees and agents tand 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;
(f) (1) Acquire, purchase, own and hold any property, real or personal, and (2) acquire,
construct, equip, maintain and operate public buildings, structures, projects and
appurtenant facilities, of any type or types for which the governmental body or bodies
creating such commission are permitted by law to expend public funds (all hereinafter in this
article referred to as facilities);
(g) Apply for, receive and use egrants-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 accLept and use bequests, devises, gifts and donations from any source
whatsoever;
(h) Sell, encumber or dispose of any property, real or personal;
(i) Issue negotiable bonds, notes, debentures or other evidences of indebtedness and provide
for Wthe rights of the holders thereof, incur any proper indebtedness and issue any obligations
and give any security therefor, including security interests in any real property owned or
leased by the commission regardless of whether such real property is being improved with
the proceeds of such indebtedness, which it may deem necessary or advisable in connection
with exercising powers as provided herein;
(j) Raise funds by the issuance and sale of revenue bonds in the manner provided by the
applicable provisions of §8-16-7, §8-16-10, §8-16-12 and §8-16-16 of this code, without regard
to the extent provided in §8-33-5 of this code, to the limitations specified in §8-16-12 of this
code, it being hereby expressly provided that for the purpose of the issuance and sale of
revenue bonds, each commission is a "governing body" as that term is used in §8-16-1 et seq.
of this code only;
(k) Subject to such reasonable limitations and conditions as the governmental body or all of
the governmental bodies creating and establishing such building commission may prescribe
by ordinance or by order, exercise the power of eminent domain in the manner provided in
§54-1-1 et seq. of this code for business corporations, for the purposes set forth in
subdivision (f) of this section, which purposes are hereby declared public purposes for which
private property may be taken or damaged;
(l) 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 countey 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 druring any fiscal year
covered thereby;
(m) Use the proceeds from the sale of pension funding revenue bonds issued pursuant to
§8-33-4a of this code to pay the costs of a pension funding prtogram as described in
§8-33-4a(c) of this code;
(n) Use the proceeds of rentals for the use of real property owned or leased by the
commission and any amounts received pursuant tol §8-22-19(d)(2) of this code by the trustee
for outstanding pension funding revenue bondss to, among other things, pay the principal,
interest, any reserve requirement obligations and administrative expenses of any pension
funding revenue bonds issued in connection with any lease by the commission to the
municipality which created the commgission; any amount received pursuant to §8-22-19(d)(2)
of this code shall be used only to pay principal and interest of outstanding pension obligation
bonds; and e
(o) Do all things reasonable and necessary to carry out the foregoing powers.

‹ 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.