Senate Bill No. 244
(By Senators Dittmar and Craigo)
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[Introduced February 2, 1995; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact section four, article thirteen-a,
chapter sixteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to name change
effect on public service districts.
Be it enacted by the Legislature of West Virginia:
That section four, article thirteen-a, chapter sixteen of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE
13A. PUBLIC SERVICE DISTRICTS FOR WATER, SEWERAGE AND
GAS SERVICES.
§16-13A-4. Board chairman; members' compensation; procedure;
district name.
The chairman shall preside at all meetings of the board and
may vote as any other members of the board but if he should be
absent from any meeting, the remaining members may select a
temporary chairman and if the member selected as chairman resigns as such or ceases for any reason to be a member of the board, the
board shall select one of its members as chairman to serve until
the next annual organization meeting. Salaries of each of its
board members shall be as follows: For districts with fewer than
six hundred customers, each board member shall receive fifty
dollars per attendance at regular monthly meetings and thirty
dollars per attendance at additional special meetings, total
salary not to exceed nine hundred dollars per annum; for
districts with six hundred customers or more but fewer than two
thousand customers, each board member shall receive one hundred
dollars per attendance at regular monthly meetings and fifty
dollars per attendance at additional special meetings, total
salary not to exceed eighteen hundred dollars per annum; and for
districts with two thousand customers or more each board member
shall receive one hundred dollars per attendance at regular
monthly meetings and fifty dollars per attendance at additional
special meetings, total salary not to exceed three thousand
dollars per annum. The public service district shall certify
the number of customers served to the public service commission
beginning on the first day of July, one thousand nine hundred
eighty-six, and continue each fiscal year thereafter. Board
members may be reimbursed for all reasonable and necessary
expenses actually incurred in the performance of their duties as provided for by the rules and regulations of the board. The
board shall by resolution determine its own rules of procedure,
fix the time and place of its meetings and the manner in which
special meetings may be called. Public notice of meetings shall
be given in accordance with section three, article nine-a,
chapter six of this code. Emergency meetings may be called as
provided by section three, article nine-a, chapter six of this
code. A majority of the members constituting the board also
constitute a quorum to do business. The members of the board are
not personally liable or responsible for any obligations of the
district or the board but are answerable only for willful
misconduct in the performance of their duties. At any time prior
to the issuance of bonds as hereinafter provided the board may by
resolution change the official or corporate name of the public
service district and such change shall be effective from and
after filing an authenticated copy of such resolution with the
clerk of the county commission of each county in which the
territory embraced within such district or any part thereof is
located. At any time prior to or subsequent to the issuance of
bonds as hereinafter provided the board may by resolution change
the official or corporate name of the public service district and
the change shall be effective from and after filing an
authenticated copy of the resolution with the clerk of the county commission of each county in which the territory within the
district or any part thereof is located. The change of the
official or corporate name of the public service district will in
no way impact upon any obligations indebtness and other
liabilities of and all rights, assets and other property owned by
or used in the administration of the public service district.
The official name of any district created under the provisions of
this article may contain the name or names of any city,
incorporated town or other municipal corporation included therein
or the name of any county or counties in which it is located.
NOTE: The purpose of this bill is to insure that in the
event a public service district undergoes a name change the
impact has no meaningful legal impact.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.