West Virginia Code § 16-13D-4

Furnishing of funds, personnel or services by certain public agencies,
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agreements for purchase, sale, distribution, transmission, transportation,
collection, disposal, and treatment of water, wastewater, or stormwater; terms and
conditions; bidding requirements; emergency repairs.
Any public agency acting individually to organize an authority or entering into an agreement
pursuant to this article may appropriate funds and may sell, lease, give, or oetherwise supply
to the authority created the personnel or services for the operation of the authority as may
be within its legal power to furnish. r
Subject to the prior approval of the Public Service Commission puursuant to §24-2-12 of this
code, any public agency, whether or not a party to an agreement pursuant to this article, and
any publicly or privately owned water distribution company tmay enter into contracts with
any regional authority created pursuant to this article for the purchase of water from the
authority or the sale of water to the authority, the treatment of water by either party, and
the distribution or transmission of water by either party and any such authority may enter
into the contracts. The Public Service Commission shall, within 30 days of the filing date,
notify the parties to the contract whether theys have filed all required documentation
regarding the contract. If the Commission determines that additional information is needed
it will inform the agency of the information needed. The Public Service Commission shall act
on a filing submitted hereunder within 90 days of the date that the Commission has before it
all necessary information from the parties to the contract. Failure of the Commission to act
on the filing within the 90-daye period shall constitute approval thereof: Provided, That the
90-day Commission review period may be extended upon request of the parties to the
contract. L
Any public agency, whether or not a party to an agreement pursuant to this act, and any
publicly or privately owned wastewater transportation or treatment system may enter into
contracts with any regional authority created pursuant to this article for the transportation
and treatment of wastewater by either party and any authority may enter into the contracts,
subWject to the prior approval of the Public Service Commission pursuant to §24-2-12 of this
code. The Public Service Commission shall, within 30 days of the filing date, notify the
parties to the agreement whether they have filed all required documentation regarding the
contract. If the Commission determines that additional information is needed it will inform
the agency of the information needed. The Public Service Commission shall act on a filing
submitted hereunder within 90 days of the date that the Commission has before it all
necessary information from the parties to the contract. Failure by the Commission to act
within the 90-day period shall constitute approval thereof: Provided, That the 90-day
Commission review period may be extended on upon request of the parties to the contract.
No contract or agreement authorized by the provisions of this article with any contractor or
contractors for labor or materials, or both, exceeding in amount the sum of $50,000 may 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 commission to reject any
and all bids. 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.
Any public agency, whether or not a party to an agreement pursuant to this article, and any
publicly or privately owned stormwater system may enter into contracts witeh any regional
authority created pursuant to this article for the collection and disposition of stormwater by
either party and any authority may enter into contracts. r
Any contract may include an agreement for the purchase of wateur not actually received or
the treatment of wastewater not actually treated, or the collection and disposition of
stormwater not actually collected and disposed. No contractt may be made for a period in
excess of 40 years, but renewal options may be included therein. The obligations of any
public agency under any contract shall be payable solely from the revenues produced from
the public agency's water, stormwater and wastewater system, and the Public Service
Commission, in the case of a public agency whose rates are subject to its jurisdiction, shall
permit the public agency to recover through ists rates revenues sufficient to meet its
obligations under the agreement.

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