H. B. 3061
(By Delegate Ross)
[Introduced March 11, 2009; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §16-13A-7 of the Code of West Virginia,
1931, as amended, relating to increasing the spending limits
on contracts involving the expenditure by a public service
district for construction work or for the purchase of
equipment and improvements, extensions or replacements,
without seeking competitive bids.
Be it enacted by the Legislature of West Virginia:
That §16-13A-7 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 13A. PUBLIC SERVICE DISTRICTS.
§16-13A-7. Acquisition and operation of district properties.
The board of
such these districts shall have the supervision
and control of all public service properties acquired or constructed
by the district, and shall have the power, and it shall be its duty,
to maintain, operate, extend and improve the same, including, but not limited to, those activities necessary to comply with all
federal and state requirements, including water quality improvement
activities. All contracts involving the expenditure by the district
of more than
fifteen thousand dollars $25,000 for construction work
or for the purchase of equipment and improvements, extensions or
replacements, shall be entered into only after notice inviting bids
shall have been published as a Class I legal advertisement in
compliance with the provision of article three, chapter fifty-nine
of this code, and the publication area for such publication shall
be as specified in section two of this article in the county or
counties in which the district is located. The publication shall
not be less than ten days prior to the making of any such contract.
To the extent allowed by law, in-state contractors shall be given
first priority in awarding public service district contracts. It
shall be the duty of the board to ensure that local in-state labor
shall be utilized to the greatest extent possible when hiring
laborers for public service district construction or maintenance
repair jobs. It shall further be the duty of the board to encourage
contractors to use American made products in their construction to
the extent possible. Any obligations incurred of any kind or
character shall not in any event constitute or be deemed an
indebtedness within the meaning of any of the provisions or
limitations of the Constitution, but all such obligations shall be
payable solely and only out of revenues derived from the operation of the public service properties of the district or from proceeds
of bonds issued as hereinafter provided. No continuing contract for
the purchase of materials or supplies or for furnishing the district
with electrical energy or power shall be entered into for a longer
period than fifteen years.
NOTE: The purpose of this bill is to increase the spending
limits on contracts involving the expenditure by a public service
district for construction work or for the purchase of equipment and
improvements, extensions or replacements, without seeking
competitive bids.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.