16-13A-1 Legislative findings
16-13A-1a Jurisdiction of the Public Service Commission
16-13A-1b County commissions to develop plan to create, consolidate, merge, expand or dissolve public service districts
16-13A-1c General purpose of districts
16-13A-2 Creation of districts by county commission; enlarging, reducing, merging, or dissolving district; consolidation; agreements, etc.; infringing upon powers of county commission; filing list of members and districts with the Secretary of State
16-13A-3 District to be a public corporation and political subdivision; powers thereof; public service boards
16-13A-3a Removal of members of public service board
16-13A-4 Board chairman; members’ compensation; procedure; district name
16-13A-5 General manager of board
16-13A-6 Employees of board
16-13A-7 Acquisition and operation of district properties; contracts to respond to emergency situations
16-13A-8 Acquisition and purchase of public service properties; right of eminent domain; extraterritorial powers
16-13A-9 Rules; service rates and charges; discontinuance of service; required water and sewer connections; lien for delinquent fees
16-13A-9a Limitations with respect to foreclosure
16-13A-10 Budget
16-13A-11 Accounts; audit
16-13A-12 Disbursement of district funds
16-13A-13 Revenue bonds
16-13A-14 Items included in cost of properties
16-13A-15 Bonds may be secured by trust indenture
16-13A-16 Sinking fund for revenue bonds
16-13A-17 Collection, etc., of revenues and enforcement of covenants; default; suit, etc., by bondholder or trustee to compel performance of duties; appointment and powers of receiver
16-13A-18 Operating contracts
16-13A-18a . Sale, lease or rental of water, sewer, stormwater or gas system by district; distribution of proceeds
16-13A-19 Statutory mortgage lien created; foreclosure thereof
16-13A-20 Refunding revenue bonds
16-13A-21 Complete authority of article; liberal construction; district to be public instrumentality; tax exemption
16-13A-22 Validation of prior acts and proceedings of county courts for creation of districts, inclusion of additional territory, and appointment of members of district boards
16-13A-23 Validation of acts and proceedings of public service boards
16-13A-24 Acceptance of loans, grants or temporary advances
16-13A-25 Borrowing and bond issuance; procedure
16-13A-9b Exemptions for Swimming Pools

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Terms Used In West Virginia Code > Chapter 16 > Article 13A - Public Service Districts

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • board: means a board of health serving one or more counties or one or more municipalities or a combination thereof. See West Virginia Code 16-1-2
  • Bureau: means the Bureau for Public Health in the department. See West Virginia Code 16-1-2
  • Commissioner: means the commissioner of the bureau, who may be designated as the state health officer. See West Virginia Code 16-1-2
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • County court: includes any existing tribunal created in lieu of a county commission. See West Virginia Code 2-2-10
  • Department: means the West Virginia Department of Health and Human Resources: Provided, That beginning January 1, 2024, as used in this chapter, "department" and "Department of Health and Human Resources" means the Department of Health. See West Virginia Code 16-1-2
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • public service properties: when used in this article, shall mean and include any facility used or to be used for or in connection with: (1) The diversion, development, pumping, impounding, treatment, storage, distribution or furnishing of water to or for the public for industrial, public, private or other uses (herein sometimes referred to as "water facilities"). See West Virginia Code 16-13A-1c
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: include lands, tenements and hereditaments, all rights thereto and interests therein, except chattel interests. See West Virginia Code 2-2-10
  • Secretary: means the secretary of the Department of Health and Human Resources: Provided, That beginning January 1, 2024, as used in this chapter, "secretary" means the secretary of the Department of Health. See West Virginia Code 16-1-2
  • Service area: means the territorial jurisdiction of a local board of health. See West Virginia Code 16-1-2
  • State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
  • stormwater management programs: means those activities associated with the management, operation, maintenance and control of stormwater and stormwater systems, and includes, but is not limited to, public education, stormwater and surface runoff water quality improvement, mapping, planning, flood control, inspection, enforcement and any other activities required by state and federal law: Provided, however, That the term "stormwater management program" or "stormwater management programs" does not include those activities associated with the management, operation, maintenance and control of highways, road and drainage easements, or stormwater facilities constructed, owned or operated by the West Virginia Division of Highways without the express agreement of the commissioner of highways. See West Virginia Code 16-13A-1c
  • stormwater systems: means a stormwater system in its entirety or any integral part thereof used to collect, control or dispose of stormwater, and includes all facilities, structures and natural water courses used for collecting and conducting stormwater to, through and from drainage areas to the points of final outlet including, but not limited to, any and all of the following: Inlets, conduits, outlets, channels, ponds, drainage easements, water quality facilities, catch basins, ditches, streams, gulches, flumes, culverts, siphons, retention or detention basins, dams, floodwalls, pipes, flood control systems, levies and pumping stations: Provided, That the term "stormwater system" or "stormwater systems" does not include highways, road and drainage easements, or stormwater facilities constructed, owned or operated by the West Virginia Division of Highways. See West Virginia Code 16-13A-1c
  • Town: includes a city, village or town, and the word "council" any body or board, whether composed of one or more branches, which is authorized to make ordinances for the government of a city, town, or village. See West Virginia Code 2-2-10
  • Trustee: A person or institution holding and administering property in trust.