State Codes and Statutes

Statutes > West-virginia > 17 > 17-16a-3

§17-16A-3. West Virginia Parkways, Economic Development and Tourism Authority generally.
(a) The West Virginia Parkways, Economic Development and Tourism Authority is continued as an agency of the state, and the exercise by the Parkways Authority of the powers conferred by this article in the construction, reconstruction, improvement, operation and maintenance of parkway, economic development and tourism projects shall be deemed an essential governmental function of the state.

(b) The West Virginia Parkways, Economic Development and Tourism Authority shall consist of seven members, including the Governor or designee, the Transportation Secretary and five public members appointed by the Governor, by and with the advice and consent of the Senate. The appointed members shall be residents of the state and shall have been qualified electors for a period of at least one year next preceding their appointment. Public members are appointed for eight-year terms, which are staggered in accordance with the initial appointments under prior enactment of this section. Any member whose term has expired shall serve until his or her successor has been duly appointed and qualified. Any person appointed to fill a vacancy shall serve only for the unexpired term. Any member shall be eligible for reappointment. Each appointed member of the Parkways Authority before entering upon his or her duties shall take an oath as provided by section five, article IV of the Constitution of West Virginia.

(c) The Governor or designee shall serve as chair and the Authority shall annually elect one of the appointed members as vice chair, and shall also elect a secretary and treasurer who need not be members of the Parkways Authority.

(d) The Governor appoints an Executive Director of the Authority with the advice and consent of the Senate. The Executive Director serves at the Governor's will and pleasure. The Executive Director is responsible for managing and administering the daily functions of the Authority and for performing all other functions necessary to the effective operation of the Authority. The compensation of the Executive Director is annually fixed by the Governor.

(e) Four members of the Parkways Authority shall constitute a quorum and the vote of a majority of members present shall be necessary for any action taken by the Parkways Authority. No vacancy in the membership of the Parkways Authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the Parkways Authority. The Parkways Authority shall meet at least monthly and either the chair or any four members shall be empowered to call special meetings for any purpose: Provided, That notice of any meeting shall be given to all members of the Parkways Authority not less than ten days prior to said special meetings.

(f) Before the issuance of any parkway revenue bonds or revenue refunding bonds under the provisions of this article, each appointed member of the Parkways Authority shall execute a surety bond in the penal sum of twenty-five thousand dollars and the secretary and treasurer shall execute a surety bond in the penal sum of fifty thousand dollars, each surety bond to be conditioned upon the faithful performance of the duties of his or her office, to be executed by a surety company authorized to transact business in West Virginia as surety and to be approved by the Governor and filed in the Office of the Secretary of State.

(g) The members of the Parkways Authority shall not be entitled to compensation for their services, but shall be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their duties in a manner consistent with guidelines of the Travel Management Office of the Department of Administration.

(h) All expenses incurred in carrying out the provisions of this article shall be payable solely from funds provided under the authority of this article and no liability or obligation shall be incurred by the Parkways Authority beyond the extent to which moneys shall have been provided under the authority of this article.

(i) Pursuant to the provisions of article ten, chapter four of this code, the West Virginia Parkways, Economic Development and Tourism Authority shall continue to exist until the first day of July, two thousand seven.

State Codes and Statutes

Statutes > West-virginia > 17 > 17-16a-3

§17-16A-3. West Virginia Parkways, Economic Development and Tourism Authority generally.
(a) The West Virginia Parkways, Economic Development and Tourism Authority is continued as an agency of the state, and the exercise by the Parkways Authority of the powers conferred by this article in the construction, reconstruction, improvement, operation and maintenance of parkway, economic development and tourism projects shall be deemed an essential governmental function of the state.

(b) The West Virginia Parkways, Economic Development and Tourism Authority shall consist of seven members, including the Governor or designee, the Transportation Secretary and five public members appointed by the Governor, by and with the advice and consent of the Senate. The appointed members shall be residents of the state and shall have been qualified electors for a period of at least one year next preceding their appointment. Public members are appointed for eight-year terms, which are staggered in accordance with the initial appointments under prior enactment of this section. Any member whose term has expired shall serve until his or her successor has been duly appointed and qualified. Any person appointed to fill a vacancy shall serve only for the unexpired term. Any member shall be eligible for reappointment. Each appointed member of the Parkways Authority before entering upon his or her duties shall take an oath as provided by section five, article IV of the Constitution of West Virginia.

(c) The Governor or designee shall serve as chair and the Authority shall annually elect one of the appointed members as vice chair, and shall also elect a secretary and treasurer who need not be members of the Parkways Authority.

(d) The Governor appoints an Executive Director of the Authority with the advice and consent of the Senate. The Executive Director serves at the Governor's will and pleasure. The Executive Director is responsible for managing and administering the daily functions of the Authority and for performing all other functions necessary to the effective operation of the Authority. The compensation of the Executive Director is annually fixed by the Governor.

(e) Four members of the Parkways Authority shall constitute a quorum and the vote of a majority of members present shall be necessary for any action taken by the Parkways Authority. No vacancy in the membership of the Parkways Authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the Parkways Authority. The Parkways Authority shall meet at least monthly and either the chair or any four members shall be empowered to call special meetings for any purpose: Provided, That notice of any meeting shall be given to all members of the Parkways Authority not less than ten days prior to said special meetings.

(f) Before the issuance of any parkway revenue bonds or revenue refunding bonds under the provisions of this article, each appointed member of the Parkways Authority shall execute a surety bond in the penal sum of twenty-five thousand dollars and the secretary and treasurer shall execute a surety bond in the penal sum of fifty thousand dollars, each surety bond to be conditioned upon the faithful performance of the duties of his or her office, to be executed by a surety company authorized to transact business in West Virginia as surety and to be approved by the Governor and filed in the Office of the Secretary of State.

(g) The members of the Parkways Authority shall not be entitled to compensation for their services, but shall be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their duties in a manner consistent with guidelines of the Travel Management Office of the Department of Administration.

(h) All expenses incurred in carrying out the provisions of this article shall be payable solely from funds provided under the authority of this article and no liability or obligation shall be incurred by the Parkways Authority beyond the extent to which moneys shall have been provided under the authority of this article.

(i) Pursuant to the provisions of article ten, chapter four of this code, the West Virginia Parkways, Economic Development and Tourism Authority shall continue to exist until the first day of July, two thousand seven.


State Codes and Statutes

State Codes and Statutes

Statutes > West-virginia > 17 > 17-16a-3

§17-16A-3. West Virginia Parkways, Economic Development and Tourism Authority generally.
(a) The West Virginia Parkways, Economic Development and Tourism Authority is continued as an agency of the state, and the exercise by the Parkways Authority of the powers conferred by this article in the construction, reconstruction, improvement, operation and maintenance of parkway, economic development and tourism projects shall be deemed an essential governmental function of the state.

(b) The West Virginia Parkways, Economic Development and Tourism Authority shall consist of seven members, including the Governor or designee, the Transportation Secretary and five public members appointed by the Governor, by and with the advice and consent of the Senate. The appointed members shall be residents of the state and shall have been qualified electors for a period of at least one year next preceding their appointment. Public members are appointed for eight-year terms, which are staggered in accordance with the initial appointments under prior enactment of this section. Any member whose term has expired shall serve until his or her successor has been duly appointed and qualified. Any person appointed to fill a vacancy shall serve only for the unexpired term. Any member shall be eligible for reappointment. Each appointed member of the Parkways Authority before entering upon his or her duties shall take an oath as provided by section five, article IV of the Constitution of West Virginia.

(c) The Governor or designee shall serve as chair and the Authority shall annually elect one of the appointed members as vice chair, and shall also elect a secretary and treasurer who need not be members of the Parkways Authority.

(d) The Governor appoints an Executive Director of the Authority with the advice and consent of the Senate. The Executive Director serves at the Governor's will and pleasure. The Executive Director is responsible for managing and administering the daily functions of the Authority and for performing all other functions necessary to the effective operation of the Authority. The compensation of the Executive Director is annually fixed by the Governor.

(e) Four members of the Parkways Authority shall constitute a quorum and the vote of a majority of members present shall be necessary for any action taken by the Parkways Authority. No vacancy in the membership of the Parkways Authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the Parkways Authority. The Parkways Authority shall meet at least monthly and either the chair or any four members shall be empowered to call special meetings for any purpose: Provided, That notice of any meeting shall be given to all members of the Parkways Authority not less than ten days prior to said special meetings.

(f) Before the issuance of any parkway revenue bonds or revenue refunding bonds under the provisions of this article, each appointed member of the Parkways Authority shall execute a surety bond in the penal sum of twenty-five thousand dollars and the secretary and treasurer shall execute a surety bond in the penal sum of fifty thousand dollars, each surety bond to be conditioned upon the faithful performance of the duties of his or her office, to be executed by a surety company authorized to transact business in West Virginia as surety and to be approved by the Governor and filed in the Office of the Secretary of State.

(g) The members of the Parkways Authority shall not be entitled to compensation for their services, but shall be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their duties in a manner consistent with guidelines of the Travel Management Office of the Department of Administration.

(h) All expenses incurred in carrying out the provisions of this article shall be payable solely from funds provided under the authority of this article and no liability or obligation shall be incurred by the Parkways Authority beyond the extent to which moneys shall have been provided under the authority of this article.

(i) Pursuant to the provisions of article ten, chapter four of this code, the West Virginia Parkways, Economic Development and Tourism Authority shall continue to exist until the first day of July, two thousand seven.