ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 244
(By Senators Dittmar and Craigo)
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[Originating in the Committee on the Judiciary;
reported February 9, 1995.]
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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 changing
the name of public service districts; authorizing name
changes prior to or subsequent to the issuance of revenue
bonds; requiring the filing of the name change resolution
with clerks of county commissions; when notice of name
change to be mailed to other affected parties; and providing
that a name change has no impact upon legal obligations or
authority of 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 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 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 the filing of 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 public service district shall also forward a copy
of the resolution to any affected county commission and the
public service commission. If there are any outstanding bonds,
the public service district shall also notify the bondholders and
the paying agent by mailing a copy of the resolution to the
bondholders listed on the books of the registrar or trustee and
to the paying agent. The change of the official or corporate
name of the public service district will in no way impact upon
any obligations, indebtedness or other liabilities of the public
service district, or upon any 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.