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Home » US Law » 2022 West Virginia Code » Chapter 16. Public Health » Article 13D. Regional Water and Wastewater Authority Act

§16-13D-1. Statement of Purpose

It is the purpose of this article, to permit certain public agencies to make the most efficient use of their powers relating to public water supplies and the transportation and treatment of wastewater by enabling them to cooperate with other public agencies on a basis of mutual advantage and thereby to provide services and facilities […]

§16-13D-10. Items Included in Cost of Properties

The cost of any water supply, wastewater transportation or treatment system acquired or constructed under the provisions of this article shall be deemed to include the cost of the acquisition or construction thereof, the cost of all property rights, easements and franchises deemed necessary or convenient therefor and for the improvements and extensions thereto; interest […]

§16-13D-11. Bonds May Be Secured by Trust Indenture

In the discretion and at the option of the governing body of the authority, such bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be a trust company or bank having powers of a trust company within or without the State of West Virginia, but […]

§16-13D-12. Sinking Fund for Revenue Bonds

At or before the time of the issuance of any bonds under this article the governing body of the authority shall by resolution or in the trust indenture provide for the creation of a sinking fund and for monthly payments into such fund from the revenues of the water supply, wastewater transportation or treatment system […]

§16-13D-13. Collection, etc., of Revenues and Enforcement of Covenants; Default; Suit, etc., by Bondholder or Trustee to Compel Performance of Duties; Appointment and Powers of Receiver

The governing body of any such authority shall have power to insert enforceable provisions in any resolution authorizing the issuance of bonds relating to the collection, custody and application of revenues of the authority from the operation of the water supply, wastewater transportation or treatment system under its control and to the enforcement of the […]

§16-13D-14. Statutory Mortgage Lien Created; Foreclosure Thereof

There shall be and is hereby created a statutory mortgage lien upon such water supply, wastewater transportation or treatment system of the authority, which shall exist in favor of the holders of bonds hereby authorized to be issued, and each of them, and such system shall remain subject to such statutory mortgage lien until payment […]

§16-13D-15. Rates and Charges

The governing body shall by appropriate resolution make provisions for the payment of said bonds by fixing rates, fees and charges, for the use of all services rendered by such authority, which rates, fees and charges shall be sufficient to pay the costs of operation, improvement and maintenance of the authority's water supply or wastewater […]

§16-13D-16. Refunding Revenue Bonds

The authority having issued bonds under the provisions of this article is hereby empowered thereafter by resolution to issue refunding bonds of such authority for the purpose of retiring or refinancing such outstanding bonds, together with any unpaid interest thereon and redemption premium thereunto appertaining and all of the provisions of this article relating to […]

§16-13D-17. Exemption of Bonds From Taxation

Said bonds and the interest thereon, together with all properties and facilities of the authority owned or used in connection with the water or wastewater system, and all the moneys, revenues and other income of such authority derived from such water or wastewater system shall be exempt from all taxation by the State of West […]

§16-13D-18. Bonds Made Legal Investments

Bonds issued under the provisions of this article shall be legal investments for banks, building and loan associations, and insurance companies organized under the laws of this state and for a business development corporation organized pursuant to chapter thirty-one, article fourteen of the Code of West Virginia.

§16-13D-19. Invalidity of Part

If any section or sections of this article be declared unconstitutional or invalid, this shall not invalidate any other section of this article.

§16-13D-2. Definitions

For the purposes of this article: (a) The term "authority" shall mean any regional water authority, regional wastewater authority, or regional water and wastewater authority organized pursuant to the provisions of this article; and (b) The term "public agency" shall mean any municipality, county, public service district, or other political subdivision of this state.

§16-13D-3. Joint Exercise of Powers by Certain Public Agencies; Agreements Among Agencies, Contents; Submission to Public Service Commission; Filing of Agreement; Prohibition Against Competition; Retirement of Bonds

(a) Any powers, privileges or authority of a public agency of this state relating to public water supplies, or the transportation or treatment of wastewater, may be exercised jointly with any other public agency of this state, or with any agency of the United States to the extent that the laws of the United States […]

§16-13D-4. Furnishing of Funds, Personnel or Services by Certain Public Agencies, Agreements for Purchase, Sale, Distribution, Transmission, Transportation and Treatment of Water or Wastewater; Terms and Conditions

Any public agency entering into an agreement pursuant to this article may appropriate funds and may sell, lease, give, or otherwise supply to the authority created such personnel or services for the operation of such authority as may be within its legal power to furnish. Any public agency, whether or not a party to an […]

§16-13D-5. Declaration of Authority Organization, When Quasi-Governmental Public Corporation

Upon the approval of the Public Service Commission and filing with the Secretary of State, the Secretary of State shall declare the authority organized and give it the corporate name of regional water authority number _____, regional wastewater authority number _____, or regional water and wastewater authority number _____, whichever is appropriate. Thereupon the authority […]

§16-13D-6. Governing Body; Appointments; Terms of Members, Voting Rights

The governing body of the authority shall consist of not less than three persons selected by the participating public agencies. Each participating public agency shall appoint at least one and not more than two members. Each member's full term shall be not less than one year nor more than four years and initial terms shall […]

§16-13D-7. Meetings of Governing Body; Annual Audit

The governing body of the authority shall meet as often as the needs of the authority require; but not less frequently than on a quarterly basis. The governing body shall cause to be made an annual audit of the financial records of the authority, the cost of said audit to be paid by the authority.

§16-13D-8. Powers of Governing Body

For the purpose of providing a water supply, transportation facilities, or treatment system to the participating public agencies, and others, the governing body of the authority shall have the following powers, authorities and privileges: (1) To accept by gift or grant from any person, firm, corporation, trust or foundation, or from this state or any […]