Senate Bill No. 36

(By Senator Wiedebusch)

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[Introduced January 12, 1996; referred to the Committee
on Government Organization.]
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A BILL to authorize the municipalities of Cairo, Harrisville and Pennsboro to construct and maintain a centralized water treatment plant, storage facilities and transmission lines for the purpose of providing potable water to the residents of those municipalities; authorizing the municipalities to create the Hughes river water board to assume ownership of the facilities; and membership.

Be it enacted by the Legislature of West Virginia:
HUGHES RIVER WATER BOARD.
§1. Municipalities of Cairo, Harrisville and Pennsboro
authorized to create and join the Hughes River Water Board.

The municipalities of Cairo, Harrisville and Pennsboro are hereby authorized and empowered to create a joint endeavor of the three governing authorities and join a board to be known as the Hughes River Water Board to own and operate a centralized water treatment plant, water storage facilities and transmission lines to provide the residents of these municipalities with potable water.
§2. Board of directors; appointment; powers and duties
generally; officers; bylaws; rules.

There shall be a board of directors, consisting of one member from each of the participating municipalities, who shall serve without compensation. Before the first day of July, one thousand nine hundred ninety-six, the municipality of Cairo shall appoint one member of the board of directors for the term of three years. The municipality of Harrisville shall appoint one member for the term of four years. The municipality of Pennsboro shall appoint one member for the term of five years. The initial terms of office shall commence on the first day of July, one thousand nine hundred ninety-six. Each successor member of the board of directors shall be appointed by the respective municipality that appointed the predecessor member and each successor member shall be appointed for a term of three years, except that any person appointed to fill a vacancy occurring before the expiration of the term shall serve only for the unexpired portion thereof. Any member of the board shall be eligible for reappointment and the appointing municipality which appointed the member may remove that member for cause. There shall be an annual meeting of the board of directors on the second Monday in July of each year and a monthly meeting on the day in each month which the board may designate in its bylaws. A special meeting may be called by the president or any two members of the board and shall be held only after all of the directors are given notice thereto in writing. At all meetings two members shall constitute a quorum and at each annual meeting of the board of directors it shall elect, from its membership, a president, a vice president, a secretary and a treasurer: Provided, That a member may be elected both secretary and treasurer. The board of directors shall adopt those bylaws and rules that are necessary for its own guidance and for the administration, supervision and protection of the water board and all of the property belonging to the water board. The board of directors have all the powers necessary, convenient and advisable for the proper operation, equipment and management of the water board; and except as otherwise especially provided in this act, have the powers and be subject to the duties which are conferred and imposed, upon cooperating municipalities by article twenty-three, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended. The qualifications of the directors shall be determined by each participating municipality.
§3. Same--A body corporate.
The Hughes River Water Board hereby created shall be a corporation. As such it may contract and be contracted with, sue and be sued, plead and be impleaded, and shall have and use a common seal.
§4. Title to property.
The title to all property, both real and personal, now devoted to the water facilities that will provide potable water to the residents of the municipalities in connection with the operation by it shall vest in the board of directors of the Hughes River Water Board, hereby created.
§5. Support, maintenance and operation.
Each governing authority of the municipalities that provide membership to the board of directors or that are served by the water facilities governed by the board hereby created may support the board with any other general or special revenues or excess levies. All income realized by the operation of the water board from any sources shall be used by the board of directors for the support of the Hughes River Water Board.
§6. Deposit and disbursement of funds.
All money collected or appropriated by the three governing authorities for water board purposes shall be deposited in a special account for the Hughes River Water Board, and shall be disbursed by the board for the purpose of operating a public water system.
§7. Workers' compensation; social security and public employees' retirement benefits for employees.
All employees of the Hughes River Water Board hereby created shall be entitled to the benefits of the provisions of chapter twenty-three, and articles seven and ten, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended.
§8. Effect of future amendments of general law.
Amendments to article twenty-three, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, and other general laws shall control this act only to the extent that they do not conflict with the special features hereof, or unless the intent to amend this act is clear and unmistakable.
§9. Severability.
If any provision hereof is held invalid, such invalidity shall not affect other provisions hereof which can be given effect without the invalid provision, and to this end the provisions of this act are declared to be severable.



NOTE: The purpose of this bill is to create a public water board to operate a centralized water treatment plant, water storage facilities and transmission to provide potable water to the residents of Cairo, Harrisville and Pennsboro, West Virginia.