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Home » US Law » 2022 West Virginia Code » Chapter 16. Public Health » Article 13. Sewage Works and Stormwater Works

§16-13-1. Acquisition, Operation, etc., of Works; Acquisition of Property; Issuance of Bonds

(a) Any municipal corporation and/or sanitary district in the State of West Virginia is hereby authorized and empowered to own, acquire, construct, equip, operate and maintain within and/or without the corporate limits of such municipal corporation: (1) A sewage collection system and/or a sewage treatment plant or plants, intercepting sewers, outfall sewers, force mains, pumping […]

§16-13-10. Interest on and Redemption of Bonds; Form; Statement on Face of Bond; Negotiability; Exemption From Taxation; Registration; Execution; Sale; Disposition of Surplus Proceeds; Additional and Temporary Bonds

Such revenue bonds shall bear interest at not more than twelve percent per annum, payable at such times, and shall mature at such time or times as may be determined by ordinance. Such bonds may be made redeemable before maturity at the option of the municipality, to be exercised by said board, at not more […]

§16-13-11. Additional Bonds to Extend or Improve Works

The governing body may provide by said ordinance authorizing the issuance of the bonds or in the trust indenture hereinafter referred to, that additional bonds may thereafter be authorized and issued, at one time or from time to time under such limitations and restrictions as may be set forth in said ordinance and/or trust indenture, […]

§16-13-13. Application of Revenue From Bonds; Lien

All moneys received from any bonds issued pursuant to this article, after reimbursements and repayment to said municipality of all amounts advanced for preliminary expenses as provided in section four of this article, shall be applied solely to the payment of the cost of the work, extensions, improvements or betterments, or to the appurtenant sinking […]

§16-13-14. Securing Bonds by Trust Indenture

In the discretion of the governing body such bonds may be secured by a trust indenture by and between the municipality and a corporate trustee, which may be any trust company or bank having the powers of a trust company within the State of West Virginia but no such trust indenture shall convey or mortgage […]

§16-13-15. Sinking Fund; Transfer of Balance of Net Revenues

At or before the issuance of any such bonds the governing body shall by said ordinance create a sinking fund, to be remitted to and administered by the West Virginia Municipal Bond Commission, for the payment of the bonds and the interest thereon and the payment of the charges of banks or trust companies for […]

§16-13-16. Rates for Service; Deposit Required for New Customers; Forfeiture of Deposit; Reconnecting Deposit; Tenant S Deposit; Change or Readjustment; Hearing; Lien and Recovery; Discontinuance of Services

A governing body has the power and duty, by ordinance, to establish and maintain just and equitable rates, fees, or charges for the use of and the service rendered by: (a) Sewerage works, to be paid by the owner of each lot, parcel of real estate or building that is connected with and uses the […]

§16-13-17. Government Units Subject to Established Rates

The municipality and any county government, state government and federal government served by the services of the works shall be subject to the same fees, charges and rates established as provided in this article, or to fees, charges and rates established in harmony therewith, for service rendered the municipality, county, state or federal government and […]

§16-13-18a. Publication of Financial Statement

Every sanitary board shall prepare a financial statement and cause the same 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 the sanitary district. Such statement shall contain an itemized account of the […]

§16-13-20. Discharge of Lien on Property Acquired

No property shall be acquired under this article upon which any lien or other encumbrance exists, unless at the time such property is acquired a sufficient sum of money be deposited in trust to pay and redeem such lien or encumbrance in full.

§16-13-21. Action on Certificates or Attached Coupons; Receivers

Any holder of any such certificates or any of the coupons attached thereto, and the trustee, if any, except to the extent the rights herein given may be restricted by said ordinance authorizing issuance of the bonds or by the trust indenture, may either at law or in equity, by suit, action, mandamus or other […]

§16-13-22a. Grants, Loans and Advances

Any municipality is authorized and empowered to accept loans or grants and procure loans or temporary advances evidenced by notes or other negotiable instruments issued in the manner, and subject to the privileges and limitations, set forth with respect to bonds authorized to be issued under the provisions of this article, for the purpose of […]

§16-13-22b. Contracts for Abatement of Pollution

When determined by its legislative body to be in the public interest and necessary for the protection of the public health, any municipality is authorized to enter into and perform contracts, whether long-term or short-term, with any industrial establishment for the provision and operation by the municipality of sewerage facilities to abate or reduce the […]

§16-13-22c. Refunding Bonds

Any municipality is authorized to issue refunding revenue bonds to refund, pay or discharge all or any part of its outstanding revenue bonds, including interest thereon, if any, in arrears or about to become due. The relevant provisions in this article pertaining to revenue bonds shall be equally applicable in the authorization and issuance of […]

§16-13-22d. Subordination of Bonds

Notwithstanding any other provisions to the contrary in this article, any municipality authorizing the issuance of bonds under this article in an effort to aid in the abatement or reduction of the pollution of any waters or streams may provide in the ordinance authorizing the issuance of the bonds and in any trust indenture pertaining […]