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Home » US Law » 2022 West Virginia Code » Chapter 8. Municipal Corporations » Article 20. Combined Systems

§8-20-1. Acquisition and Operation of Combined Waterworks and Sewerage Systems; Extension Beyond Corporate Limits; Definitions

AUTHORIZED; DEFINITIONS. §8-20-1. Acquisition and operation of combined waterworks and sewerage systems; extension beyond corporate limits; definitions. Any municipality may acquire, construct, establish and equip and thereafter repair, maintain and operate a combined waterworks and sewerage system either wholly within or partly within and partly without the corporate limits thereof, under the provisions of this […]

§8-20-10. Power and Authority of Municipality to Enact Ordinances and Make Rules and Fix Rates, Fees, or Charges; Deposit Required for New Customers; Change in Rates, Fees, or Charges; Failure to Cure Delinquency; Delinquent Rates, Discontinuance of Service; Reconnecting Deposit; Return of Deposit; Fees or Charges as Liens; Civil Action for Recovery Thereof; Deferral of Filing Fees and Costs in Magistrate Court Action; Limitations With Respect to Foreclosure

(a)(1) The governing body of a municipality availing itself of the provisions of this article shall have plenary power and authority to make, enact, and enforce all necessary rules for the repair, maintenance, operation, and management of the combined system of the municipality and for the use thereof. The governing body of a municipality also […]

§8-20-11. Discontinuance of Water Service for Nonpayment of Rates or Charges

Any municipality shall also have plenary power and authority, and may covenant with the holders of any bonds issued hereunder, to shut off and discontinue the supplying of the water service of the combined system for the nonpayment of the rates, fees or charges for said water service or sewer service, or both, or, if […]

§8-20-11a. Governmental Entities Subject to Established Rates

The municipality and any county government, state government and federal government served by the services of the combined system shall be subject to the same rates, fees or charges established in this article or to rates, fees or charges established in harmony therewith, for service rendered to the governmental entity, and shall pay such rates, […]

§8-20-12. Use of Revenues; Sinking Fund

All revenues derived from the operation of any combined system under the provisions of this article shall be set aside as collected and used only for the purpose of paying the cost of repairing, maintaining and operating such system, providing an adequate reserve fund, an adequate depreciation fund, and paying the principal of and interest […]

§8-20-13. System of Accounts; Audit

Any municipality operating a combined system under the provisions of this article shall set up and maintain a proper system of accounts in accordance with the requirements of the Public Service Commission, showing the amount of revenues received from the combined system and the application of the same. At least once each year the municipality […]

§8-20-15. Protection and Enforcement of Rights of Bondholders, etc.; Receivership

Any holder of any bonds issued under the provisions of this article or of any coupons representing interest accrued thereon may by civil action, mandamus or other proper proceeding enforce the statutory mortgage lien created and granted in section seven of this article, protect and enforce any and all rights granted hereunder or under any […]

§8-20-16. Grants, Loans and Advances

Any municipality is hereby empowered and authorized 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 […]

§8-20-17. Additional and Alternative Method for Constructing, etc., and Financing Combined System; Cumulative Authority

This article is, without reference to any other statute or charter provision, full authority for the acquisition, construction, establishment, extension, equipment, additions, betterment, improvement, repair, maintenance and operation of or to the combined system herein provided for and for the issuance and sale of the bonds by this article authorized, and is an additional and […]

§8-20-18. Alternative Procedure for Acquisition, Construction, etc., of Combined System

(a) As an alternative to the procedure provided in this article, any municipality is hereby empowered and authorized to acquire, construct, establish, extend, equip, repair, maintain and operate a combined system or to construct, maintain and operate additions, betterments and improvements thereto, whether acquired, constructed, established, extended or equipped under the provisions of this article […]

§8-20-1b. Cooperation With Other Governmental Units

In carrying out any lawful purpose prescribed by this article, any municipality may, in the exercise of its powers, duties and responsibilities, cooperate or join with the State of West Virginia or any political subdivision, agency, board, commission, office or department thereof, however designated, or with the United States of America or any agency or […]

§8-20-1c. Severance of Combined System

Any municipality which has combined its waterworks and sewerage systems or waterworks, sewerage and stormwater systems, under the provisions of this article, or pursuant to provisions of any other law, may hereafter sever said combined system if the following conditions are met: (a) An ordinance is enacted by the governing body of the municipality severing […]

§8-20-2. Right of Eminent Domain; Limitations

For the purpose of acquiring, constructing, establishing or extending any system within a combined system, or a combined system, or for the purpose of constructing any additions, betterments or improvements to any system within a combined system, or a combined system, or for the purpose of acquiring any property necessary, appropriate, useful, convenient or incidental […]

§8-20-3. Ordinance Describing Project; Contents

The governing body of any municipality availing itself of the provisions of this article shall adopt an ordinance describing in a general way the contemplated project. If it is intended to include in the combined system any existing waterworks system or any existing sewerage system, or both, or if applicable, any existing stormwater system, or […]

§8-20-4. Publication of Abstract of Ordinance and Notice; Hearing

After the ordinance for any project under the provisions of this article has been adopted, an abstract of the ordinance, determined by the governing body to contain sufficient information as to give notice of the contents of such ordinance, together with the following described notice, shall be published as a Class II legal advertisement in […]