Senate Bill No. 256
(By Senators Anderson, Ross, Love, Snyder, Buckalew, Bailey,
Dittmar, Bowman, Walker and Schoonover)
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[Introduced March 6, 1997; referred to the
Committee on the Judiciary.]
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A BILL to amend and reenact section eighteen-a, article thirteen-a,
chapter sixteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to the sale,
lease or rental of water, sewer or gas systems by public
service districts; and requiring the approval of a majority of
not less than sixty percent of the members of a public service
board as a condition to the sale, lease or rental of any
water, sewer or gas systems owned by the public service
district.
Be it enacted by the Legislature of West Virginia:
That section eighteen-a, 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-18a. Sale, lease or rental of water, sewer or gas system by district; distribution of proceeds.
In any case where a public service district owns a water,
sewer or gas system, and all a majority of not less than sixty
percent of the members of the public service board thereof deem it
for the best interests of the district to sell, lease or rent such
water, sewer or gas system to any municipality or privately-owned
water, sewer or gas system, or to any water, sewer or gas system
owned by an adjacent public service district, the board may so
sell, lease or rent such water, sewer or gas system upon such terms
and conditions as said board, in its discretion, considers in the
best interests of the district: Provided, That such sale, leasing
or rental may be made only upon approval by the public service
commission of West Virginia.
In the event of any such sale, the proceeds thereof, if any,
remaining after payment of all outstanding bonds and other
obligations of the district, shall be ratably distributed to any
persons who have made contributions in aid of construction of such
water, sewer or gas system, such distribution not to exceed the
actual amount of any such contribution, without interest, and any
balance of funds thereafter remaining shall be paid to the county
commission of the county in which the major portion of such water,
sewer or gas system is located to be placed in the general funds of
such county commission.