Senate Bill 564 History
Senate Bill No. 564
(By Senator Snyder)
[Introduced March 19, 2013; referred to the Committee on
Government Organization .]
A BILL to amend and reenact §8-16-5 of the Code of West Virginia,
1931, as amended, relating to increasing the minimum
construction cost of a municipal public works project before
competitive bidding is required.
Be it enacted by the Legislature of West Virginia:
That §8-16-5 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 16. MUNICIPAL PUBLIC WORKS; REVENUE BOND FINANCING.
PART III. GENERAL POWERS AND AUTHORITY.
§8-16-5. Powers of board.
The board shall have plenary power and authority to take
all steps and proceedings, and to make and enter into all contracts
or agreements necessary, appropriate, useful, convenient or
incidental to the performance of its duties and the execution of its powers and authority under this article: Provided,
contract or agreement relating to the financing, or the
construction, reconstruction, establishment, acquisition,
improvement, renovation, extension, enlargement, increase,
equipment, operation or maintenance of any such works, and any
trust indenture with respect thereto as hereafter provided for,
shall be approved by the governing body or bodies.
The board may employ engineers, architects, inspectors,
superintendents, managers, collectors, attorneys and such other
employees as in its judgment may be necessary in the execution of
its powers and duties, and may fix their compensation, all of whom
shall do such work as the board may direct. All compensation and
expenses incurred in carrying out the provisions of this article
shall be paid solely from funds provided under the authority of
this article, and the board shall not exercise or carry out any
power or authority herein given it so as to bind said board or any
municipality beyond the extent to which money shall have been, or
may be provided under the authority of this article.
No contract or agreement with any contractor or
contractors for labor or materials, or both, exceeding in amount
the sum of
shall be made without advertising for
bids, which bids shall be publicly opened and an award made to the
lowest responsible bidder, with power and authority in the board to
reject any and all bids.
After the construction, reconstruction, establishment,
acquisition, renovation or equipment of any such works, the board
shall maintain, operate, manage and control the same, and may order
and complete any improvements, extensions, enlargements, increase
or repair (including replacements) of and to the works that the
board may consider expedient, if funds therefor be available, or
are made available, as provided in this article, and shall
establish rules for the use, maintenance and operation of the
works, and do all things necessary or expedient for the successful
operation thereof, and for stormwater systems and associated
stormwater management programs, those activities which include, but
are not limited to, stormwater and surface runoff water quality
improvement activities necessary to comply with all federal and
state requirements. All public ways or public works damaged or
destroyed by the board in carrying out its authority under this
article shall be restored or repaired by the board and placed in
their original condition, as nearly as practicable, if requested so
to do by proper authority, out of the funds provided under the
authority of this article.
NOTE: The purpose of this bill is to increase the minimum
construction cost of a municipal public works project from $10,000
to $25,000 before competitive bidding is required.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would