West Virginia Code § 8-16-5

Powers of board; bidding requirements; emergency repairs
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(a) The board shall have plenary power and authority to take all steps and proceedings, and
to make and enter into all contracts or agreements necessary, appropriate, useful,
convenient or incidental to the performance of its duties and the execution of its powers and
authority under this article: Provided, That any contract or agreement relating to the
financing, or the construction, reconstruction, establishment, acquisition, imeprovement,
renovation, extension, enlargement, increase, equipment, operation or maintenance of any
such works, and any trust indenture with respect thereto as hereafter prrovided for, shall be
approved by the governing body or bodies.
(b) The board may employ engineers, architects, inspectors, superintendents, managers,
collectors, attorneys and such other employees as in its judgtment may be necessary in the
execution of its powers and duties, and may fix their compensation, all of whom shall do such
work as the board may direct. All compensation and expenses incurred in carrying out the
provisions of this article shall be paid solely from funds provided under the authority of this
article, and the board shall not exercise or carry out any power or authority herein given it
so as to bind said board or any municipality besyond the extent to which money shall have
been, or may be provided under the authority of this article.
(c) No contract or agreement with agny 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 opeened and an award made to the lowest responsible bidder,
with power and authority in the board to reject any and all bids: Provided, That for purposes
of the bid requirements Limposed by this section, the term "board" includes the governing
body of any municipal public utility.
(d) After the construction, reconstruction, establishment, acquisition, renovation or
equipment of any such works, the board shall maintain, operate, manage and control the
same, and may order and complete any improvements, extensions, enlargements, increase or
repWair (including replacements) of and to the works that the board may consider expedient,
if funds therefor be available, or are made available, as provided in this article, and shall
establish rules for the use, maintenance and operation of the works, and do all things
necessary or expedient for the successful operation thereof, and for stormwater systems and
associated stormwater management programs, those activities which include, but are not
limited to, stormwater and surface runoff water quality improvement activities necessary to
comply with all federal and state requirements. All public ways or public works damaged or
destroyed by the board in carrying out its authority under this article shall be restored or
repaired by the board and placed in their original condition, as nearly as practicable, if
requested so to do by proper authority, out of the funds provided under the authority of this
article.
(e) Emergency repairs shall be exempt from the bidding requirements of subsection (c) of
this section. For the purpose of this subsection, 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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