In any case where a public service district owns a water, sewer, stormwater or gas system, and 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, stormwater or gas system to any municipality or privately-owned water, sewer, stormwater or gas system, or to any water, sewer, stormwater or gas system owned by an adjacent public service district, the board may so sell, lease or rent such water, sewer, stormwater 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) The 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, stormwater 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, stormwater or gas system is located
to be placed in the general funds of such county commission:
Provided, That no such distribution shall be required in the case
of a sale between political subdivisions of the state.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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