§8-27-1. Short Title
§8-27-1. Short title. This article may be cited as the "Urban Mass Transportation Authority Act."
§8-27-10. Powers and Duties of Authorities Generally
§8-27-10. Powers and duties of authorities generally. Each authority is hereby given the power: (a) To sue and be sued, implead and be impleaded; (b) To have and use a seal and alter the same at pleasure; (c) To make and adopt all rules and regulations and bylaws as may be necessary or desirable to […]
§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 […]
§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 […]
§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. […]
§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 […]
§8-27-14. Bonds Generally
The authority is hereby empowered and authorized to provide by resolution, from time to time, for the issuance of revenue bonds of the authority for the purpose of paying all or any part of the cost of acquiring, constructing or improving a system or systems, or any part thereof, or the facilities and equipment therefor, […]
§8-27-15. Trust Indenture Generally
In the discretion of the authority, any bonds issued under the provisions of this article may be secured by a trust indenture by and between such authority and a corporate trustee, which may be any trust company or banking institution having the powers of a trust company within or without the state, or any person […]
§8-27-16. Sinking Fund; West Virginia Municipal Bond Commission; Purchase of Outstanding Bonds
Before the issuance of any bonds under the provisions of this article, the authority shall, by resolution, provide for a sinking fund for the payment of the bonds and the interest thereon, and the payment of the charges of banking institutions or trust companies for making payment of such bonds and interest, out of the […]
§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 […]
§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 […]
§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 […]
§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 […]
§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 […]
§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 […]
§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 […]
§8-27-23. Competitive Bids; Publication of Solicitation for Sealed Bids
(a) Any contract for the construction of facilities by any authority, when the expenditure required exceeds the sum of $25,000, shall be based solely on competitive sealed bids. (b) Except as provided in subsections (c) or (d) of this section, the procurement of all supplies, equipment and materials, where the expenditure required exceeds the sum […]
§8-27-24. Bonds Made Legal Investments
Banking institutions, building and loan associations, and insurance companies organized under the laws of this state, may lawfully invest their own funds in bonds issued under the provisions of this article.
§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 […]
§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 […]