reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 8. Municipal Corporations › Article 25. Intergovernmental Relations -- Regional Planning and Development › §8-25-13. Annual Report of Regional Council

On or before July thirty-first of each year, each regional council shall prepare an annual report. The regional council shall submit copies of the report to the participating governmental units and to the Governor. The report shall include the following:
(a) A consolidated statement of the regional council's receipts and expenditures by category since the preceding report.
(b) A consolidated, detailed regional council budget for the year in which the report is filed and the following year including an outline of its program for such period.
(c) A description of any comprehensive plan adopted in whole or in part for the region.
(d) Summaries of any studies and development progress and the recommendations resulting therefrom made for the region.
(e) A listing of all applications for federal grants or loans submitted by the governmental units within the region together with the action taken by the regional council in relation thereto.
(f) A listing of plans of local governmental units submitted to the region and actions taken in relation thereto.
(g) Recommendations of the regional council regarding federal and state programs, cooperation, funding and legislative needs.
2023 West Virginia Code › Chapter 8. Municipal Corporations › Article 25. Intergovernmental Relations -- Regional Planning and Development › §8-25-14. Effect of Article Upon Pending Projects and Applications

Any of the provisions of this article to the contrary notwithstanding, no pending application for federal or state grants, loans, mortgages or other types of funding nor any application for grants, loans, mortgages or other types of funding intended to supplement a pending project shall be required to be approved by any such regional council nor shall any such pending application be delayed or disapproved by reason of the provisions of this article.
2023 West Virginia Code › Chapter 8. Municipal Corporations › Article 26. Intergovernmental Relations -- Interstate Regional Planning Commissions › §8-26-1. Creation of Commission; State May Be Ex Officio Member

§8-26-1. Creation of commission; state may be ex officio member.
Any municipality or county or any two or more municipalities or counties, or any combination thereof, may cooperate with the political subdivisions of other states bordering on this state for the purpose of creating, by an agreement, an interstate regional planning commission, whenever such political subdivisions comprise a region which would benefit from cooperative planning. The agreement entered into by the several political subdivisions shall specify the extent of the region included within the jurisdiction of the interstate regional planning commission; and shall fix the membership comprising the commission, the terms of office and method of appointment of the members thereof, the duration of the commission, the method for terminating the commission, the method of disposal of all property belonging to the commission, the distribution of the proceeds, and the apportionment of the costs of maintaining the planning commission to be borne respectively by the various political subdivisions included within the agreement, such apportionment to be based on the population of the various participating political subdivisions. Any such agreement shall be executed on behalf of any municipality by the governing body thereof and on behalf of a county by the county commission.
The state of West Virginia may be an ex officio member of any such interstate regional planning commission formed under the provisions of this article. The Governor or a representative designated by him shall represent the state in the deliberations of any interstate regional planning commission or its agencies or instrumentalities but this state shall not be a voting member of any interstate regional planning commission or any agency or instrumentality thereof.
2023 West Virginia Code › Chapter 8. Municipal Corporations › Article 26. Intergovernmental Relations -- Interstate Regional Planning Commissions › §8-26-2. "Region" Defined

The term "region," as used in this article, shall mean a specific metropolitan interstate area designated by the proper federal agency pursuant to the "Demonstration Cities and Metropolitan Development Act of 1966" and any amendments thereto, as well as all other interstate areas which would benefit from cooperative planning. Before any area in this state is included within an interstate region for interstate planning, it shall be approved by the Governor: Provided, That no territory within any municipality or county not having a planning commission shall be included in an interstate area.
2023 West Virginia Code › Chapter 8. Municipal Corporations › Article 26. Intergovernmental Relations -- Interstate Regional Planning Commissions › §8-26-3. Membership and Organization of Commission; Reports and Audits

Any member of an interstate regional planning commission may hold any other public office, appointive or elective, if not prohibited by some other statute or Constitutional provision, and a member thereof may also serve as a member of a municipal, county or regional planning commission. The members of the commission shall serve without compensation but may be reimbursed for all reasonable and necessary expenses actually incurred in the discharge of their commission duties. The commission shall elect its own chairman or other officers from among its members and shall establish its own rules and regulations and bylaws, schedule of meetings and such committees with such powers as it may deem necessary to carry on its work.
Any such commission shall make a quarterly report to the governing body of each municipality and to the county court of each county contributing to the financial support of such commission, containing an itemized account of its receipts and disbursements during the preceding quarter. Such report shall be made within thirty days after the end of each quarter. At the end of each fiscal year, any such commission shall arrange for an independent audit of its financial affairs and within thirty days after the end of such fiscal year, such commission shall furnish a copy of the report of such audit to any such governing body or county court and shall cause a copy thereof to be published as a Class I legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publication shall be each municipality and county which contributed to the financial support of such commission.
2023 West Virginia Code › Chapter 8. Municipal Corporations › Article 26. Intergovernmental Relations -- Interstate Regional Planning Commissions › §8-26-4. Powers and Duties of an Interstate Regional Planning Commission

§8-26-4. Powers and duties of an interstate regional planning commission.
(a) An interstate regional planning commission may make studies, maps, plans and reports relative to the region and shall recommend procedures and policies to the appropriate authorities, based on physical, social, economic and governmental conditions and trends, to promote the coordinated development of the region and the general health, welfare, convenience and prosperity of the people of the region. Such planning and coordination may reflect the following planning criteria:
(1) Goals, objectives, standards and principles for the development of the region;
(2) The distribution and intensity of general land use and open space;
(3) The general circulation pattern for the region, including land, water and air transportation and communication facilities, and continuing comprehensive transportation planning;
(4) The general location, character and extent of public and private works and facilities which are of area-wide or regional, as distinguished from purely local, concern; and
(5) Long-range programming and financing of capital projects and facilities.
(b) The commission shall:
(1) Review plans and proposals for projects and programs of interstate or regional significance which may be proposed by others;
(2) Review and make recommendations concerning administrative and regulatory measures to implement area-wide or regional plans;
(3) Review and make recommendations concerning effective utilization of such federal and state assistance as may be available on a regional basis or as may have a regional impact;
(4) Collect, analyze and report on statistics and other information concerning traffic, housing, population and social, economic and physical conditions of the region;
(5) Make recommendations to governmental bodies within such region for such actions as are necessary and proper to further the coordinated development of the region; and
(6) Conduct necessary investigations and research and cooperate with other public and private agencies or persons to conduct such investigations and research on planning problems affecting the region.
2023 West Virginia Code › Chapter 8. Municipal Corporations › Article 26. Intergovernmental Relations -- Interstate Regional Planning Commissions › §8-26-5. Appropriations, Receipts and Expenses

(a) Any political subdivision which becomes a member of any interstate regional planning commission may contract each fiscal year with said interstate regional planning commission to pay a proportionate part of the expenses properly chargeable to the planning services rendered to such political subdivision, and any funds budgeted for interstate planning may be paid over by the political subdivision to the interstate regional planning commission.
(b) An interstate regional planning commission may accept and use funds, grants and services from the federal government or its agencies, from departments, agencies and instrumentalities of any adjoining state, and from any municipality, county or other political subdivision of this or any adjoining state, including municipal, county, regional or other planning commissions of this or any adjoining state, or from private sources, or services from departments, agencies or instrumentalities of this state, and may contract with respect thereto and provide such information and reports as may be necessary to secure such financial or other aid. Within the amounts thus agreed upon and appropriated or otherwise received, any commission may employ such engineers, planners, consultants and other employees as are necessary and may rent or own such space and make such purchases as it deems necessary to its use.
2023 West Virginia Code › Chapter 8. Municipal Corporations › Article 26A. Municipal and County Historic Landmarks Commissions › §8-26A-1. Legislative Determinations

It is hereby declared as a matter of legislative determination:
(a) That the State of West Virginia is richly endowed with numerous historic buildings, structures, sites and districts which represent the historical, architectural and cultural heritage of this state;
(b) That West Virginia heritage, represented by such historic buildings, structures, sites and districts can best be identified, studied, preserved and protected for the general welfare of residents of this state and this nation by authorizing and empowering action for this purpose at the local level;
(c) That the preservation and protection of such historic buildings, structures, sites and districts aid economic development through revitalization of this state's central business districts, improvement of property values and enhancement of this state's historic attractions to tourists and visitors; and aid the development of education of this state by preservation of such heritage for future generations;
(d) That the preservation of this heritage is essential to the promotion of the prosperity, education and general welfare of the people; and
(e) That the Legislature hereby finds that it is the public policy and the public interest of this state to engage in a comprehensive program of historic preservation, undertaken at all levels of government, along with the private sector, to promote the use and preservation of such heritage for the education and general welfare of the people of this state; and, accordingly, this article shall be broadly construed in order to accomplish the purposes herein set forth.
2023 West Virginia Code › Chapter 8. Municipal Corporations › Article 26A. Municipal and County Historic Landmarks Commissions › §8-26A-2. Definitions

As used in this article:
(a) "Exterior architectural features" include the architectural character and general composition of the exterior of a structure, including, but not limited to, the kind, color and texture of the building material and the type, design and character of all windows, doors, light fixtures, signs, other appurtenant elements and natural features when they are integral to the significance of the site, all of which are subject to public view from a public street, way or place.
(b) "Historic district" is a geographically definable area possessing a significant concentration, linkage or continuity of sites buildings, structures or objects united historically or aesthetically by plan or physical development.
(c) "Historic landmark" is a site, building, structure or object designated as a "Landmark" either on a national, state or local register.
(d) "Historic site" is the location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined or vanished, where the location itself possesses historical, cultural or archaeological value regardless of the value of any existing structure.
2023 West Virginia Code › Chapter 8. Municipal Corporations › Article 26A. Municipal and County Historic Landmarks Commissions › §8-26A-3. Legislative Intent; Conflict Between Regulations of Zoning District and Historic District and Properties

The historic district and property regulation provided in this article is intended to identify, study, preserve and protect historic buildings and structures, sites and districts, some of which are located in zoning districts. Historic properties and districts lying within the boundaries of a zoning district are subject to the regulations for both the zoning district and historic district and properties. If there is a conflict between the requirements of the zoning district and the requirements of the historic district or property, the zoning district requirements apply.
2023 West Virginia Code › Chapter 8. Municipal Corporations › Article 26A. Municipal and County Historic Landmarks Commissions › §8-26A-4. Municipality or County May Establish Historic Landmarks Commission; Appointments; Detailed Provisions to Be Provided by Ordinance or Order; Appropriation of Funds

Any municipality by ordinance and any county by order of the county commission entered of record may, if it so desires, establish a municipal historic landmarks commission or county historic landmarks commission, hereinafter in this article referred to as the commission, to consist of five members, appointed by the mayor or county commission, as the case may be.
In any such ordinance or order, the governing body shall include provisions specifying (a) the terms of the members of such commission; (b) a method of filling vacancies; (c) whether the members of the commission are to be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their duties; (d) the officers of the commission to be elected from the membership thereof; (e) requirements as to meetings of the commission; (f) requirements as to a quorum of the commission; (g) requirements as to voting by members of the commission; and (h) such other matters as may be deemed necessary or desirable for the proper functioning of the commission. In the event the ordinance or order establishing such commission shall authorize the commission to issue certificates of appropriateness, the ordinance or order shall require a majority of the members to have demonstrated special interest, experience or education in history, architecture, planning, real estate or law, to the extent such persons are available in the community. In establishing such a commission and making appointments to it, a local governing body may seek the advice of any national, state or local historical agency, society or organization.
Any such commission may also be authorized and empowered by any such ordinance or order to employ, within the limits of funds available therefor, such employees, assistants, technical personnel and consultants as are necessary to discharge the duties and responsibilities of the commission.
Any municipality or county establishing any such commission shall have plenary power and authority to appropriate funds to such commission for expenditure by the commission for the purposes of this article.
2023 West Virginia Code › Chapter 8. Municipal Corporations › Article 26A. Municipal and County Historic Landmarks Commissions › §8-26A-5. Powers and Duties of Commission

Any such commission shall be authorized, but not required, within the jurisdictional limits of the municipality or county, as the case may be, and within the limits of available funds, to:
(a) Make a survey of, and designate as historic landmarks, buildings, structures and districts which constitute the principal historical and architectural sites which are of local, regional, statewide or national significance in accordance with section six of this article;
(b) Prepare a register of buildings, structures, sites and districts which meet the requirements of subsection (a) of this section, publish lists of such properties and, with the consent of the property owners, inspect such properties from time to time and publish a register thereof from time to time setting forth appropriate information concerning the registered buildings, structures, sites and districts;
(c) Review applications for certificates of appropriateness and grant or deny the same in accordance with section seven of this article;
(d) With the consent of the property owners, mark with appropriately designed markers, buildings, structures and sites which it has registered;
(e) Establish standards for the care and management of designated historic landmarks and withdraw such certification for failure to maintain the standards so prescribed;
(f) Acquire by purchase, gift or lease and administer registered landmarks and easements and interests therein, both real and personal;
(g) Lease or sell property so acquired under terms and conditions designed to ensure the proper preservation of the historic landmark in question;
(h) Aid and encourage the municipality or county in which the district or landmark is located to adopt ordinances and resolutions for the preservation of landmarks and historic districts, their buildings, structures and character;
(i) Prepare and place historical markers on or along the highway or street closest to the location which is intended to be identified by such marker;
(j) Seek the advice and assistance of individuals, groups and departments and agencies of government who or which are conducting historical preservation programs and coordinate the same insofar as possible;
(k) Seek and accept gifts, bequests, endowments and funds from any and all sources for the accomplishment of the functions of the commission;
(l) Adopt rules and regulations concerning the operation of the commission, the functions and responsibilities of its officers, employees, assistants and other personnel and such other matters as may be necessary to carry out the purposes of this article; and
(m) Adopt such other rules and regulations as may be deemed necessary to effectuate the purposes of this article, but no such rules and regulations shall be inconsistent with any plan of the planning commission of such municipality or county: Provided, That in no case shall such rules and regulations take precedence over locally adopted ordinances.
2023 West Virginia Code › Chapter 8. Municipal Corporations › Article 26A. Municipal and County Historic Landmarks Commissions › §8-26A-8. Court Action or Proceedings to Prevent Improper Changes or Illegal Acts or Conduct

The municipal or county governing body or the historic landmarks commission shall be authorized to institute any appropriate action or proceeding in a court of competent jurisdiction to prevent any material change in the appearance of a designated historic property or historic district, except those changes made in compliance with the provisions of this article or to prevent any illegal acts or conduct with respect to such historic property or historic district.
2023 West Virginia Code › Chapter 8. Municipal Corporations › Article 26A. Municipal and County Historic Landmarks Commissions › §8-26A-9. Violations of This Article; Penalties

Violations of any such ordinance adopted in conformity with this article shall be punishable by a fine up to ten percent of the total cost of the project requiring a certificate of appropriateness or $500, whichever is greater, or imprisoned in the county jail not more than six months, or both fined and imprisoned.
2023 West Virginia Code › Chapter 8. Municipal Corporations › Article 26A. Municipal and County Historic Landmarks Commissions › §8-26A-10. Notice to County Assessor of Designation of Historic District

When any such commission establishes an historic district, it shall notify the county assessor of the county in which such district or any part thereof is located of the fact of such establishment and the boundaries of the district, together with the restrictions which are applicable to the properties located in such district. The county assessor shall take such factors into consideration in assessing the properties therein.
2023 West Virginia Code › Chapter 8. Municipal Corporations › Article 26A. Municipal and County Historic Landmarks Commissions › §8-26A-11. Assistance of State Agencies; Coordination; Annual Reports

Upon the request of any such commission, all agencies of the state shall assist such commission in the discharge of its duties and functions.
Every such commission shall cooperate and coordinate its activities with the West Virginia historical society and the West Virginia department of culture and history with the view of developing a unified program for the identification, study, preservation and protection of all historic buildings, structures and sites in this state. Such commissions shall submit a brief annual report to the West Virginia department of culture and history summarizing commission activities. In addition, the commissions shall submit reports as required in other sections of this article and any other reports required by rule, regulation or agreement.
2023 West Virginia Code › Chapter 8. Municipal Corporations › Article 27. Intergovernmental Relations -- Urban Mass Transportation Systems › §8-27-2. Legislative Findings and Declaration of Policy

The Legislature hereby finds and declares:
(a) That a significant part of the population of this state is located in expanding urban areas;
(b) That in certain of these areas there are no urban mass transportation systems and in others there are urban mass transportation systems which are inadequate or in imminent danger of becoming inadequate or in imminent danger of discontinuing such service;
(c) That the establishment and maintenance of adequate urban mass transportation systems in such areas is essential for preserving viable urban areas and further promoting the healthful, safe, orderly and economical development and expansion of such urban areas;
(d) That the creation of urban mass transportation authorities to establish and maintain urban mass transportation systems in such areas is for the welfare of the people of this state in general and of the participating governments in particular, and is a public purpose for which public money may be spent and private property acquired; and
(e) This article is enacted in view of these findings and shall be liberally construed in the light thereof.
2023 West Virginia Code › Chapter 8. Municipal Corporations › Article 27. Intergovernmental Relations -- Urban Mass Transportation Systems › §8-27-3. Definitions

As used in this article, unless a different meaning appears from the context:
(a) "Authority" means any urban mass transportation authority created pursuant to the provisions of this article;
(b) "Board" means the board of any urban mass transportation authority;
(c) "Contiguous counties" means two or more counties which constitute a compact territorial unit within an unbroken boundary wherein one county touches at least one other county, but does not require that each county touch all of the other counties so combining;
(d) "Facilities and equipment" means all real and personal property of every kind and character owned or held by any urban mass transportation system for the purpose of providing transportation by bus or rail or other conveyance serving the public;
(e) "Participating government" means any municipality or county establishing or participating in an urban mass transportation authority;
(f) "Project" means any undertaking of an authority;
(g) "Revenues" means the gross receipts derived directly or indirectly from or in connection with the operation by an authority of any urban mass transportation system or systems and shall include, without limitation, all fees, rates, fares, rentals or other income actually received or receivable by or for the account of an authority from the operation of the system, and any other receipts from whatever source derived;
(h) "Service area of the authority" means and includes an area commensurate with the area served by an existing system or systems acquired or to be acquired by an authority, or if there be no existing system, the area shall extend to and include an area to be defined by the authority;
(i) "System" means any urban mass transportation system;
(j) "Trust indenture" means a security instrument entered into by an authority pursuant to which bonds or notes are issued;
(k) "Urban area" means any area that includes a municipality or other built-up place which is appropriate for a system to serve commuters or others in the locality taking into consideration the local patterns and trends of growth;
(l) "Urban mass transportation system" means any common carrier of passengers for hire which operates equipment over regular routes within the service area of the authority; and
(m) The singular shall include the plural and the plural shall include the singular.
2023 West Virginia Code › Chapter 8. Municipal Corporations › Article 27. Intergovernmental Relations -- Urban Mass Transportation Systems › §8-27-4. Urban Mass Transportation Authorities Authorized; Authorities to Be Public Corporations

Any municipality or county, or both, or any two or more municipalities within any county or contiguous counties, or any two or more contiguous counties, or any combination thereof, may create an urban mass transportation authority. Such authority shall be created upon the adoption, by the governing body of each participating government, acting individually, of an appropriate ordinance or order. Each authority shall constitute a public corporation, and as such, shall have perpetual existence.
2023 West Virginia Code › Chapter 8. Municipal Corporations › Article 27. Intergovernmental Relations -- Urban Mass Transportation Systems › §8-27-6. Compensation of Members; Expenses

As compensation for his services on the board each member shall receive from the authority the sum of $50 for each meeting actually attended. The total compensation paid to any member by the authority for any fiscal year shall not exceed in the aggregate the sum of $600. Each member shall also be reimbursed by the authority for all reasonable and necessary expenses actually incurred in the discharge of his duties as a member of the board.
2023 West Virginia Code › Chapter 8. Municipal Corporations › Article 27. Intergovernmental Relations -- Urban Mass Transportation Systems › §8-27-7. Meetings of Authority; Officers; Employees; Official Bonds; Records of Authority Public Records

At its first meeting, to be held no later than sixty days from the creation of the authority as provided in section four of this article, the board shall elect from its membership a president to act during the next ensuing fiscal year, or until his successor is elected and qualified. At that time, the board shall also elect a vice president, a secretary and a treasurer and such other officers as may be required, who need not be members of the board, whose duties shall be defined and whose compensation shall be fixed by the board and paid out of the funds of the authority. The treasurer, and such other officers and employees as the board shall direct, shall furnish bond for the use and benefit of the authority in such penal sum as may be fixed by the board and conditioned upon the faithful discharge by such treasurer and such other officers and employees so directed by the board of the duties of their respective offices or employment, and upon accounting for and paying over all moneys which may come into their possession by virtue of such office or employment. At its first meeting the board shall also fix the time and place for holding regular meetings, but it shall meet at least once in the months of January, April, July and October. Special meetings of the board may be called by the president or by two members upon written request to the secretary. The secretary shall send to all the members, at least two days in advance of a special meeting, a written notice setting forth the time and place of the special meeting and the matters to be considered at such special meeting. Written notice of a special meeting is not required if the time of the special meeting has been fixed in a regular meeting, or if all the members are present at the special meeting. All regular meetings shall be general meetings for the consideration of any and all matters which may properly come before an authority. All proceedings of the authority shall be entered in a permanently bound record book, properly indexed, and the same shall be carefully preserved by the secretary of the authority. All records of the authority shall be public records.
2023 West Virginia Code › Chapter 8. Municipal Corporations › Article 27. Intergovernmental Relations -- Urban Mass Transportation Systems › §8-27-9. Budget

The board shall establish the beginning and ending of its fiscal year, which period shall constitute its budget year, and at least thirty days prior to the beginning of the first full fiscal year after the creation of the authority and annually thereafter the treasurer shall prepare and submit to the board a tentative budget. Such tentative budget shall be considered by the board, and, subject to any revisions or amendments that may be determined by said board, shall be adopted as the budget for the ensuing fiscal year. No expenditures in excess of the budget shall be made during such fiscal year unless expressly authorized and directed by the board. It shall not be necessary to include in such budget any statement of necessary expenditures for annual interest or principal payments on bonds or for capital outlays, but it shall be the duty of the board to make provisions for their payment as they become due.
2023 West Virginia Code › Chapter 8. Municipal Corporations › Article 27. Intergovernmental Relations -- Urban Mass Transportation Systems › §8-27-10a. Smoking on Vehicles Prohibited; Posting of Signs Required; Criminal Penalties

(a) Every authority operating any vehicle accessible to the public, designed for the ground transportation of eight or more persons, shall post "No Smoking" signs conspicuously at the entrance to, and on the inside of, each such vehicle. No person shall smoke or carry a lighted pipe, cigar or cigarette in any such vehicle wherein a sign prohibiting smoking is posted.
(b) The posting requirements set forth in subsection (a) above do not apply to any vehicle operated in interstate commerce, nor to any chartered vehicle: Provided, That if any vehicle operated in interstate commerce or chartered vehicle has a posted nonsmoking area, no person shall smoke or carry a lighted pipe, cigar, or cigarette in the posted nonsmoking area of such vehicle.
(c) Any person who violates any provision of this section is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $20 nor more than $100.
2023 West Virginia Code › Chapter 8. Municipal Corporations › Article 27. Intergovernmental Relations -- Urban Mass Transportation Systems › §8-27-11. Contributions to Authorities; Funds and Accounts of Authorities; Reports; Audit by State Tax Department

§8-27-11. Contributions to authorities; funds and accounts of authorities; reports; audit by State Tax Department.
Contributions may be made to authorities from time to time by the participating governments and by any other municipalities, counties or persons that shall desire to do so. All such funds and all of the other funds received by any authority shall be deposited in a separate account in such banking institution or institutions as its board may direct and shall be withdrawn therefrom only in such manner as its board may direct. Each authority shall keep strict account of all its receipts and expenditures and shall make a quarterly report to the participating governments which have made contributions to it and such report shall contain an itemized account of its receipts and disbursements during the preceding quarter. Such report shall be made within sixty days after the termination of the quarter. Within ninety days after the end of each fiscal year, each authority shall make an annual report containing an itemized statement of its receipts and disbursements for the preceding fiscal year, and any and all other information which the board may deem pertinent, to all of the participating governments. The books, records and accounts of each authority shall be subject to audit and examination by the state Tax Department of West Virginia.
2023 West Virginia Code › Chapter 8. Municipal Corporations › Article 27. Intergovernmental Relations -- Urban Mass Transportation Systems › §8-27-12. Study and Plan of Operation; Notice and Hearing; Adoption of Transportation Plan

§8-27-12. Study and plan of operation; notice and hearing; adoption of transportation plan.
The authority, as soon as practical after its organization, shall prepare a comprehensive plan with respect to a program for a unified or officially coordinated system as a part of a comprehensively planned development of the urban area within its service area. Said program, to the maximum extent feasible, shall provide for the participation of privately owned systems.
In the preparation of a comprehensive plan, an authority shall make careful and comprehensive surveys and studies of the existing conditions and probable future changes of such conditions within its service area. The comprehensive plan shall be made for the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of systems within the service area which, in accordance with present and future needs and resources, will best promote the health, safety and general welfare of the inhabitants of the service area, as well as the orderly and economical development and expansion of the service area.
Prior to the adoption of a comprehensive plan, the authority shall submit its tentative plan to the governing bodies of the participating governments and hold a public hearing in the service area on the plan. At least thirty days prior to the date set for hearing, the authority shall publish a notice of the time and place of the hearing as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publication shall be the service area of the authority. After a public hearing has been held, the authority may by resolution adopt the comprehensive plan and may from time to time amend, supplement or change the comprehensive plan in the same manner in which it was adopted.
2023 West Virginia Code › Chapter 8. Municipal Corporations › Article 27. Intergovernmental Relations -- Urban Mass Transportation Systems › §8-27-13. Resolution Authorizing Acquisition or Construction of Urban Mass Transportation System

§8-27-13. Resolution authorizing acquisition or construction of urban mass transportation system.
Before the authority shall acquire or construct any system, the authority shall adopt a proper resolution which shall include:
(a) The estimated cost of the acquisition or construction and all incidental expenses connected therewith;
(b) The probable sources of revenue and the estimated amount thereof;
(c) The estimated cost of administration, maintenance, repair and operation thereof;
(d) The proposed methods of financing; and
(e) Any other information which the authority shall deem appropriate.
Such resolution shall also:
(a) Order the acquisition or construction of such system;
(b) If appropriate, direct that revenue bonds in such amount as the authority may deem necessary to pay all or any part of the cost of acquisition or construction of such system be issued pursuant to the provisions of this article; and
(c) Set forth the amount of the principal of the indebtedness, the maximum term the bonds proposed to be issued shall run before maturity and the maximum rate of interest to be paid and such other details with respect to the bonds and the trust indenture, if any, securing the same as the authority may deem necessary or desirable.
Before such resolution shall become effective, the authority shall submit such resolution to the governing bodies of the participating governments and hold a public hearing in the service area on the resolution. At least thirty days prior to the date set for hearing, the authority shall publish a notice of the time and place of hearing as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publication shall be the service area of the authority. At such hearing all objections and suggestions shall be heard and after the hearing has been held the authority shall take such action as it shall deem proper.
2023 West Virginia Code › Chapter 8. Municipal Corporations › Article 27. Intergovernmental Relations -- Urban Mass Transportation Systems › §8-27-17. Remedies of Bondholders

Any holder of bonds issued under the provisions of this article or any of the coupons appertaining thereto, and the trustee under any trust indenture securing the same, except to the extent the rights herein given may be restricted by such trust indenture, may, by civil action, mandamus or other proceeding, protect and enforce any and all rights under the laws of this state or granted under the provisions of this article or under the resolution authorizing the issuance of such bonds, or the trust indenture securing same, and may enforce and compel the performance of all duties required by the provisions of this article or by such resolution or trust indenture to be performed by any authority or by any officer thereof.
2023 West Virginia Code › Chapter 8. Municipal Corporations › Article 27. Intergovernmental Relations -- Urban Mass Transportation Systems › §8-27-19. Indebtedness of Authorities

§8-27-19. Indebtedness of authorities.
Each authority may issue bonds, borrow money and incur any proper indebtedness and issue any other obligations as authorized by law or provided in this article. No such indebtedness or obligation incurred by any authority shall give any right against any member of the governing body of any participating government or any member of the board of any authority. Any obligation or indebtedness of any nature of any authority shall never constitute an obligation or indebtedness of any participating government or the governing body of any participating government, within the meaning of any Constitutional provision or statutory limitation, and shall never constitute or give rise to a pecuniary liability of any participating government or the governing body of any participating government, or be a charge against the general credit or taxing power of any participating government or the governing body of any participating government, and such fact shall be plainly stated on the face of any bonds issued by any authority. The rights of creditors of any authority shall be solely against the authority as a corporate body and shall be satisfied only out of revenues, moneys or property received or held by it in its corporate capacity.
2023 West Virginia Code › Chapter 8. Municipal Corporations › Article 27. Intergovernmental Relations -- Urban Mass Transportation Systems › §8-27-20. Exemption From Taxation

It is hereby found, determined and declared that the creation of any authority and the carrying out of its purposes is in all respects for the benefit of the people of this state in general, and of the participating governments in particular, and is a public purpose; and that the authority will be performing an essential governmental function in the exercise of the powers conferred upon it by the provisions of this article. Accordingly, each authority and, without limitation, its revenues, properties, operations and activities shall be exempt from the payment of any taxes or fees to the state or any of its political subdivisions or to any officer or employee of the state or any of its political subdivisions. Property, real and personal, owned by or leased and used exclusively by each authority shall be public property and therefore exempt from taxation in accordance with section nine, article three, chapter eleven of this code. The revenue bonds or other evidences of indebtedness issued pursuant to the provisions of this article, and the interest thereon, shall be exempt from taxation, except inheritance and transfer taxes.
2023 West Virginia Code › Chapter 8. Municipal Corporations › Article 27. Intergovernmental Relations -- Urban Mass Transportation Systems › §8-27-21. Protection of Employees of Existing Transportation Systems

§8-27-21. Protection of employees of existing transportation systems.
Whenever any authority acquires any existing system pursuant to the provisions of this article, the employees of such system shall be protected in the following manner:
(a) The employees of such system shall be retained to the fullest extent possible consistent with sound management, and if terminated or laid off shall be assured priority of reemployment;
(b) The individual employees who are retained shall be retained in positions the same as, or no worse than, their positions prior to the acquisition of such system;
(c) The rights, privileges and benefits of the employees under existing collective bargaining agreements shall not be affected and the owning authority shall assume the duties and obligations of the acquired system under any such agreement;
(d) Collective bargaining rights shall be continued with respect to employees of any acquired system;
(e) The rights, privileges and benefits of the employees under any existing pension or retirement plan or plans shall not be affected and the owning authority shall assume the duties and obligations of the acquired system under any such plan or plans;
(f) The owning authority shall provide paid training or retraining programs when necessary; and
(g) The authority owning a system, or any of the employees of any system owned by the authority, shall, in the case of any labor dispute relating to the terms and conditions of employment which is not settled through any established grievance procedure, have the right to submit the dispute to final and binding arbitration by a board of arbitration consisting of three arbitrators, one arbitrator to be chosen by the authority, one by the employee and the third to be chosen by the two arbitrators selected by the authority and the employee. A decision of a majority of the members of the board of arbitration shall be final and binding on the parties. The parties shall each pay the arbitrator of its or his own selection, and they shall jointly pay the third arbitrator and any other expenses connected with submitting such labor dispute to the board of arbitration.
In the event any authority acquires a system and (1) leases such acquired system, or (2) enters into a management contract for superintendence and management services for the operation of such acquired system pursuant to any provision of this article, the lease or contract shall include terms and provisions insuring the protection specified in this section.
2023 West Virginia Code › Chapter 8. Municipal Corporations › Article 27. Intergovernmental Relations -- Urban Mass Transportation Systems › §8-27-21a. Federal Grants; Wage Deductions

Notwithstanding any provision of this code to the contrary, the term "deductions", as defined in 21-5-1 of this code and applied to the wages of an employee of an urban mass transportation authority under this article which is a direct or indirect recipient of federal funding from the Federal Transit Administration pursuant to the Urban Mass Transportation Act of 1964, as amended, includes amounts authorized for union or labor organization dues or fees. This section applies only to urban mass transportation authorities under this article.
2023 West Virginia Code › Chapter 8. Municipal Corporations › Article 27. Intergovernmental Relations -- Urban Mass Transportation Systems › §8-27-22. Conflict of Interest

INVESTMENTS; CONSTRUCTION.
§8-27-22. Conflict of interest.
No member of any authority, nor any of its officers, employees, agents or consultants, shall have any interest in any firm, partnership, corporation, company, association or joint-stock association engaged in the business of providing public transportation in the area encompassed by the authority, or in the manufacture, sale or lease of passenger transportation equipment or facilities. No member of any authority, nor any of its officers, employees, agents or consultants, shall contract with the authority or be interested in, either directly or indirectly, any contract with such authority or in the sale of property, either real or personal, to such authority. The term "agents" as used in this section shall not be deemed for the purposes of this section to include any persons or authorities which lease from or contract for superintendence and management services with any authority for the administration, maintenance, repair or operation of any system.
2023 West Virginia Code › Chapter 8. Municipal Corporations › Article 27. Intergovernmental Relations -- Urban Mass Transportation Systems › §8-27-25. Article Constitutes Complete Authority; Liberal Construction

This article shall constitute full and complete authority for the creation of any authority and for carrying out the powers and duties of any such authority and for the issuance, sale or exchange of revenue bonds by such authority as provided in this article. The provisions of this article shall be liberally construed to accomplish its purpose and no procedure or proceedings, notices, consents or approvals shall be required in connection therewith except as may be prescribed by this article.
2023 West Virginia Code › Chapter 8. Municipal Corporations › Article 27. Intergovernmental Relations -- Urban Mass Transportation Systems › §8-27-26. Dissolution of Authority; Disposition of Assets After Payment of Debts

§8-27-26. Dissolution of authority; disposition of assets after payment of debts.
In the event full and adequate provision is made for the payment of all of the debts of an authority, the participating municipalities or counties or any combination thereof which have contributed at least sixty percent of the total value of all moneys and property (the value of which property is determined as specified in section five of this article) contributed to the authority by the participating municipalities and counties may by resolution provide for the dissolution of the authority and for (1) the conveyance of the real and tangible personal property contributed to it to those participating municipalities and counties which contributed the same, (2) equitable distribution among the contributing municipalities and counties of any real and tangible personal property purchased or condemned by the authority or of the proceeds of sale thereof, or the fair value thereof, and (3) the equitable distribution of all moneys on hand to the participating municipalities and counties in direct proportion to the contribution of moneys by them.