West Virginia Code § 16-13A-7

Acquisition and operation of district properties; bidding requirements;
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contracts to respond to emergency situations.
The board of 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,e including water
quality improvement activities. All contracts involving the expenditure by the district of more
than $50,000 for construction work or for the purchase of labor, materrials 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 §59-3-1, et seq. of this code, and the publication area for such publication
shall be as specified in §16-13A-2 of this code in the county otr 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. Each bid 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.
It shall be the duty of the board to ensure that local in-state labor shall be utilized to the
greatest extent possible when hiringg 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 ien 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 theL 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 publ ic 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.
Emergency repairs shall be exempt from the bidding requirements of this section. For the
purpose of this section, the term emergency repairs means repairs that if not made
immediately will seriously impair the use of building components, systems, and public
infrastructure or cause danger to persons using the building components, systems, and
public infrastructure.

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