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WV Code § 16-13C-5 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 13C. Drinking Water Treatment Revolving Fund Act|§16-13C-5. Remedies to Enforce Payment

(a) In order to ensure the timely payment of all sums due and owing to the fund under a revolving fund loan agreement made between the state and a local entity, and notwithstanding any provisions of this code to the contrary, the authority has and may, at its option, exercise the following rights and remedies in the event of any default by a local entity under a loan agreement:(1) The authority may directly impose, in its own name and for its own benefit, service charges upon all users of a project funded by a loan distributed to a local entity pursuant to this article, and may proceed directly to enforce and collect the service charges, together with all necessary costs of the enforcement and collection.(2) The authority may exercise, in its own name or in the name of and as the agent for a particular local entity, all of the rights, powers and remedies of the local entity with respect to the project or which may be conferred upon the local entity by statute, rule, regulation or judicial decision, including all rights and remedies with respect to users of the project funded by the loan distributed to that local entity pursuant to this article.(3) The authority may, by civil action, mandamus or other judicial or administrative proceeding, compel performance by a local entity of all the terms and conditions of the loan agreement between the state and that local entity including:(A) The adjustment of service charges as required to repay the loan or otherwise satisfy the terms of the loan agreement;(B) The enforcement and collection of service charges; and(C) The enforcement by the local entity of all rights and remedies conferred by statute, rule, regulation or judicial decision.(b) The rights and remedies enumerated in this article are in addition to rights and remedies conferred upon the authority by law or pursuant to the loan agreement.
WV Code § 16-13C-6 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 13C. Drinking Water Treatment Revolving Fund Act|§16-13C-6. Construction of Article

The provisions of this article shall be liberally construed to the end that its beneficial purposes may be effected. Insofar as the provisions of this article are inconsistent with the provisions of any other general, special or local law, the provisions of this article are controlling.
WV Code § 16-13D-1 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 13D. Regional Water and Wastewater Authority Act|§16-13D-1. Statement of Purpose

It is the purpose of this article, to permit certain public agencies to make the most efficient use of their powers relating to public water supplies and the transportation and treatment of wastewater by enabling them to cooperate with other public agencies on a basis of mutual advantage and thereby to provide services and facilities to participating public agencies and to provide for the establishment for such purpose of a quasi-governmental public corporation which shall be known as a regional water authority, or where appropriate, a regional wastewater authority, or regional water and wastewater authority. The function of the regional water authority shall be to secure a source of water on a scale larger than is feasible for individual public agencies acting alone, and to sell such water to public service districts, municipalities, publicly and privately owned water utilities, and others. The function of the regional wastewater authority shall be to enable public agencies to join together to provide the most economical method of transportation and treatment of wastewater and to provide such transportation and treatment services to public service districts, municipalities, publicly and privately owned wastewater utilities, and others. The function of the regional water and wastewater authority shall be to enable public agencies to join together to carry out the joint functions of both regional water authority and a regional wastewater authority.In addition to the purposes for which it may have originally been created, any authority created pursuant to this article shall have the power to enter into agreements with public agencies, privately owned utilities, and other authorities, for the provision of related services including, but not limited to the following: Administration, operation and maintenance, billing and collection.
WV Code § 16-13D-2 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 13D. Regional Water and Wastewater Authority Act|§16-13D-2. Definitions

For the purposes of this article:(a) The term "authority" shall mean any regional water authority, regional wastewater authority, or regional water and wastewater authority organized pursuant to the provisions of this article; and(b) The term "public agency" shall mean any municipality, county, public service district, or other political subdivision of this state.
WV Code § 16-13D-4 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 13D. Regional Water and Wastewater Authority Act|§16-13D-4. Furnishing of Funds, Personnel or Services by Certain Public Agencies, Agreements for Purchase, Sale, Distribution, Transmission, Transportation and Treatment of Water or Wastewater; Terms and Conditions

Any public agency entering into an agreement pursuant to this article may appropriate funds and may sell, lease, give, or otherwise supply to the authority created such personnel or services for the operation of such authority as may be within its legal power to furnish.Any public agency, whether or not a party to an agreement pursuant to this article, and any publicly or privately owned water distribution company may enter into contracts with any regional water authority or regional water and wastewater authority created pursuant to this article for the purchase of water from such 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 such contracts, subject to the prior approval of the Public Service Commission pursuant to the provisions of section twelve, article two of chapter twenty-four of this code. 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 wastewater authority or regional water and wastewater authority created pursuant to this article for the transportation and treatment of wastewater by either party and any such authority may enter into such contracts, subject to the prior approval of the Public Service Commission pursuant to the provisions of section twelve, article two of chapter twenty-four of this code: Provided, That if the Public Service Commission has not acted on any such proposed contract within ninety days of its filing, such approval shall be deemed to have been granted. Any such contract may include an agreement for the purchase of water not actually received or the treatment of wastewater not actually treated. No such contract shall be made for a period in excess of forty years, but renewal options may be included therein. The obligations of any public agency under any such contract shall be payable solely from the revenues produced from such public agency's water or 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 its rates revenues sufficient to meet its obligations under such agreement.
WV Code § 16-13D-5 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 13D. Regional Water and Wastewater Authority Act|§16-13D-5. Declaration of Authority Organization, When Quasi-Governmental Public Corporation

Upon the approval of the Public Service Commission and filing with the Secretary of State, the Secretary of State shall declare the authority organized and give it the corporate name of regional water authority number _____, regional wastewater authority number _____, or regional water and wastewater authority number _____, whichever is appropriate. Thereupon the authority shall be a quasi-governmental public corporation.
WV Code § 16-13D-6 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 13D. Regional Water and Wastewater Authority Act|§16-13D-6. Governing Body; Appointments; Terms of Members, Voting Rights

The governing body of the authority shall consist of not less than three persons selected by the participating public agencies. Each participating public agency shall appoint at least one and not more than two members. Each member's full term shall be not less than one year nor more than four years and initial terms shall be staggered in accordance with procedures set forth in the agreement provided for in section three of this article and amendments thereto. In the case of an authority which is made up by the agreement of two public agencies, each public agency shall appoint two representatives to the governing body.The manner of selection of such governing body and terms of office shall be set forth in the agreement provided for in section three of this article and amendments thereto. The governing body of the authority shall elect one of its members as president, one as treasurer and one as secretary.Each member shall have one vote in any matter that comes before the authority for decision. However, the member agencies shall, in the original agreement establishing the authority, set forth any special weighing of such votes based upon population served, volumes of water purchased, volumes of wastewater treated, numbers of customers, or some other criterion, so as to maintain fairness in the decisions and operations of the authority.
WV Code § 16-13D-7 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 13D. Regional Water and Wastewater Authority Act|§16-13D-7. Meetings of Governing Body; Annual Audit

 The governing body of the authority shall meet as often as the needs of the authority require; but not less frequently than on a quarterly basis. The governing body shall cause to be made an annual audit of the financial records of the authority, the cost of said audit to be paid by the authority.
WV Code § 16-13D-10 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 13D. Regional Water and Wastewater Authority Act|§16-13D-10. Items Included in Cost of Properties

The cost of any water supply, wastewater transportation or treatment system acquired or constructed under the provisions of this article shall be deemed to include the cost of the acquisition or construction thereof, the cost of all property rights, easements and franchises deemed necessary or convenient therefor and for the improvements and extensions thereto; interest upon bonds prior to and during construction or acquisition and for six months after completion of construction or of acquisition of the improvements and extensions; engineering, fiscal agents and legal expenses; expenses for estimates of cost and of revenues, expenses for plans, specifications and surveys; other expenses necessary or incident to determining the feasibility or practicability of the enterprise, administrative expense, and such other expenses as may be necessary or incident to the financing herein authorized, and the construction or acquisition of the properties and the placing of same in operation, and the performance of the things herein required or permitted, in connection with any thereof.
WV Code § 16-13D-11 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 13D. Regional Water and Wastewater Authority Act|§16-13D-11. Bonds May Be Secured by Trust Indenture

In the discretion and at the option of the governing body of the authority, such bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be a trust company or bank having powers of a trust company within or without the State of West Virginia, but no such trust indenture shall convey, mortgage or create any lien upon the water supply, wastewater transportation or treatment system or any part thereof of the authority or its member public agencies. The resolution authorizing the bonds and fixing the details thereof may provide that such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of bondholders as may be reasonable and proper, not in violation of law, including covenants setting forth the duties of the authority and the members of its governing body and officers in relation to the construction or acquisition of the water supply, wastewater transportation or treatment system and the improvement, extension, operation, repair, maintenance and insurance thereof, and the custody, safeguarding and application of all moneys, and may provide that all or any part of the construction work shall be contracted for, constructed and paid for, under the supervision and approval of consulting engineers employed or designated by the governing body and satisfactory to the original bond purchasers, their successors, assignees or nominees, who may be given the right to require the security given by contractors and by any depository of the proceeds of bonds or revenues of the water supply, wastewater transportation or treatment system or other money pertaining thereto be satisfactory to such purchasers, their successors, assignees or nominees. Such indenture may set forth the rights and remedies of the bondholders and such trustee.
WV Code § 16-13D-12 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 13D. Regional Water and Wastewater Authority Act|§16-13D-12. Sinking Fund for Revenue Bonds

At or before the time of the issuance of any bonds under this article the governing body of the authority shall by resolution or in the trust indenture provide for the creation of a sinking fund and for monthly payments into such fund from the revenues of the water supply, wastewater transportation or treatment system operated by the authority such sums in excess of the cost of maintenance and operation of such properties as will be sufficient to pay the accruing interest and retire the bonds at or before the time each will respectively become due and to establish and maintain reserves therefor. All sums which are or should be, in accordance with such provisions, paid into such sinking fund shall be used solely for payment of interest and for the retirement of such bonds at or prior to maturity as may be provided or required by such resolutions.
WV Code § 16-13D-13 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 13D. Regional Water and Wastewater Authority Act|§16-13D-13. Collection, etc., of Revenues and Enforcement of Covenants; Default; Suit, etc., by Bondholder or Trustee to Compel Performance of Duties; Appointment and Powers of Receiver

The governing body of any such authority shall have power to insert enforceable provisions in any resolution authorizing the issuance of bonds relating to the collection, custody and application of revenues of the authority from the operation of the water supply, wastewater transportation or treatment system under its control and to the enforcement of the covenants and undertakings of the authority. In the event there shall be default in the sinking fund provisions aforesaid or in the payment of the principal or interest on any of such bonds or, in the event the authority or its governing body or any of its officers, agents or employees, shall fail or refuse to comply with the provisions of this article, or shall default in any covenant or agreement made with respect to the issuance of such bonds or offered as security therefor, then any holder or holders of such bonds and any such trustee under the trust indenture, if there be one, shall have the right by suit, action, mandamus or other proceeding instituted in the circuit court for the county or any of the counties wherein the authority extends, or in any other court of competent jurisdiction, to enforce and compel performance of all duties required by this article or undertaken by the authority in connection with the issuance of such bonds, and upon application of any such holder or holders, or such trustee, such court shall, upon proof of such defaults, appoint a receiver for the affairs of the authority and its properties, which receiver so appointed shall forthwith directly, or by his agents and attorneys, enter into and upon and take possession of the affairs of the authority and each and every part thereof, and hold, use, operate, manage and control the same, and in the name of the authority exercise all of the rights and powers of such authority as shall be deemed expedient, and such receiver shall have power and authority to collect and receive all revenues and apply same in such manner as the court shall direct. Whenever the default causing the appointment of such receiver shall have been cleared and fully discharged and all other defaults shall have been cured, the court may in its discretion and after such notice and hearing as it deems reasonable and proper direct the receiver to surrender possession of the affairs of the authority to its governing body. Such receiver so appointed shall have no power to sell, assign, mortgage, or otherwise dispose of any assets of the authority except as hereinbefore provided.
WV Code § 16-13D-14 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 13D. Regional Water and Wastewater Authority Act|§16-13D-14. Statutory Mortgage Lien Created; Foreclosure Thereof

There shall be and is hereby created a statutory mortgage lien upon such water supply, wastewater transportation or treatment system of the authority, which shall exist in favor of the holders of bonds hereby authorized to be issued, and each of them, and such system shall remain subject to such statutory mortgage lien until payment in full of all principal of and interest on such bonds.
WV Code § 16-13D-15 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 13D. Regional Water and Wastewater Authority Act|§16-13D-15. Rates and Charges

The governing body shall by appropriate resolution make provisions for the payment of said bonds by fixing rates, fees and charges, for the use of all services rendered by such authority, which rates, fees and charges shall be sufficient to pay the costs of operation, improvement and maintenance of the authority's water supply or wastewater transportation and/or treatment system, to provide an adequate depreciation fund, provide an adequate sinking fund to retire said bonds and pay interest thereon when due, and to create reasonable reserves for such purposes. Said fees, rates or charges shall be sufficient to allow for miscellaneous and emergency or unforeseen expenses. The resolution of the governing body authorizing the issuance of revenue bonds may include agreements, covenants or restrictions deemed necessary or advisable by the governing body to effect the efficient operation of the system and to safeguard the interests of the holders of the revenue bonds and to secure the payment of the bonds and the interest thereon.
WV Code § 16-13D-16 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 13D. Regional Water and Wastewater Authority Act|§16-13D-16. Refunding Revenue Bonds

The authority having issued bonds under the provisions of this article is hereby empowered thereafter by resolution to issue refunding bonds of such authority for the purpose of retiring or refinancing such outstanding bonds, together with any unpaid interest thereon and redemption premium thereunto appertaining and all of the provisions of this article relating to the issuance, security and payment of bonds shall be applicable to such refunding bonds, subject, however, to the provisions of the proceedings which authorized the issuance of the bonds to be so refunded.
WV Code § 16-13D-17 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 13D. Regional Water and Wastewater Authority Act|§16-13D-17. Exemption of Bonds From Taxation

Said bonds and the interest thereon, together with all properties and facilities of the authority owned or used in connection with the water or wastewater system, and all the moneys, revenues and other income of such authority derived from such water or wastewater system shall be exempt from all taxation by the State of West Virginia or any county, municipality, political subdivision or agency thereof.
WV Code § 16-13D-18 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 13D. Regional Water and Wastewater Authority Act|§16-13D-18. Bonds Made Legal Investments

Bonds issued under the provisions of this article shall be legal investments for banks, building and loan associations, and insurance companies organized under the laws of this state and for a business development corporation organized pursuant to chapter thirty-one, article fourteen of the Code of West Virginia.
WV Code § 16-13D-19 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 13D. Regional Water and Wastewater Authority Act|§16-13D-19. Invalidity of Part

If any section or sections of this article be declared unconstitutional or invalid, this shall not invalidate any other section of this article.
WV Code § 16-13D-20 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 13D. Regional Water and Wastewater Authority Act|§16-13D-20. Article to Be Liberally Construed

This article is necessary for the public health, safety and welfare and shall be liberally construed to effectuate its purposes.
WV Code § 16-13D-21 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 13D. Regional Water and Wastewater Authority Act|§16-13D-21. Citation of Article

This article may be known and cited as the ?Regional Water and Wastewater Authority Act".
WV Code § 16-13E-1 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 13E. Community Enhancement Act|§16-13E-1. Short Title

This article shall be known and may be cited as the "West Virginia Community Enhancement Act".
WV Code § 16-13E-3 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 13E. Community Enhancement Act|§16-13E-3. Power and Authority of Counties and Municipalities to Create and Establish Community Enhancement Districts

(a) Every county and municipality is hereby empowered and authorized, in addition to any other rights, powers and authority conferred upon it elsewhere in this code, to create, modify and expand community enhancement districts in the manner hereinafter set forth in such county or municipality and to assist in the development, construction, acquisition, extension or improvement of a project or projects located in such county or municipality.(b) Unless agreed to by a municipality, the power and authority hereby conferred on a county shall not extend into territory within the boundaries of any municipality: Provided, That notwithstanding any provision in this code to the contrary, the power and authority hereby conferred on counties may extend within the territory of a public service district created under section two, article thirteen-a of this chapter.