ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 256
(Senators Anderson, Ross, Love, Snyder, Buckalew, Bailey,
Dittmar, Bowman, Walker and Schoonover, original sponsors)
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[Passed April 10, 1997; in effect ninety days from passage.]
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AN ACT 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; 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 system owned by the public service
district; publication of notice of a hearing as a Class I
legal advertisement; and approval by county commission and
public service commission.
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: (1) Tthe publication of notice of a
hearing before the board of the public service district, as a Class
I legal advertisement in compliance with the provisions of article
three, chapter fifty-nine of this code, in a newspaper published
and of general circulation in the county or counties wherein the
district is located, such publication to be made not earlier than
twenty days and not later than seven days prior to the hearing; (2)
approval by the county commission or commissions of the county or
counties in which the district operates; and (3) 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.