Senate Bill No. 308
(By Senator Wiedebusch)
[Introduced February 5, 1996; referred to the Committee
on Government Organization.]
A BILL to amend and reenact section five, article sixteen,
chapter eight of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to municipal
corporations; municipal public works; and increasing the
amount of contracts or purchases that can be made without
submitting to competitive bids.
Be it enacted by the Legislature of West Virginia:
That section five, article sixteen, chapter eight of the
code of West Virginia, one thousand nine hundred thirty-one, 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, That any
contract or agreement relating to the financing, or the
construction, reconstruction, establishment, acquisition,
improvement, renovation, extension, enlargement, increase or
equipment 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 such
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
one five thousand dollars 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 deem expedient, if funds therefor be available, or are
made available, as provided in this article, and shall establish
rules and regulations for the use, maintenance and operation of
the works, and do all things necessary or expedient for the
successful operation thereof. 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 amount of
contracts or agreements for purchase that can be made by a
municipal public works board without requesting bids. It
increases the amount from $1000.00 to $5000.00.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.