(A) The construction, acquisition, improvement, equipment, custody, administration, operation and maintenance of the sewage collection, treatment and disposal works (WORKS is hereby defined as a works for the collection and/or treatment, purification and disposal of sewage, in its entirety or any integral part thereof) and the collection of revenues therefrom for the service rendered thereby shall be under the supervision and control of the Sanitary Board.
(B) The Board shall have all of the powers, duties and functions as are prescribed for such boards under the provisions of W.Va. Code Art. 16-13 and, without limiting the generality of the foregoing, the Board shall have the power and shall take all steps and proceedings and make and enter into all contracts or agreements necessary or incidental to the performance of its duties and the execution of its powers under this subchapter; provided, that any contract relating to the financing of the acquisition or construction of any such works, or any trust indenture as may be required in connection therewith, shall be approved by Council before it shall be effective. The Board may employ engineers, architects, inspectors, superintendents, managers, collectors, attorneys and such other employees as in its judgment 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 shall direct. All such compensation and all expenses incurred in carrying out the powers, duties and functions of the Board shall be paid solely from funds provided for, or derived from the construction and operation of such works, and the Board shall not exercise or carry out any authority or power herein given it so as to bind the Board or the city beyond the extent to which moneys shall have been, or may be, so provided. No contract or agreement with any contractor or contractors for labor or material, exceeding in amount the sum of $1,000, shall be made without advertising for bids, which bids shall be publicly open and the award made to the best bidder, with power in the Board to reject any or all bids. After the construction, installation and completion of the works, or the acquisition thereof, the Board shall operate, manage and control the same and may order and complete any extensions, betterments and improvements of and to the works that the Board may deem expedient, if funds therefor be available, or are made available, for such purpose, and shall establish rules and regulations for the use and operation of the works, and of other sewers and drains connected therewith so far as they may affect the operation of such works, and do all things necessary or expedient for the successful operation thereof. All public ways or public works damaged or destroyed by the Board in carrying out its authority under this section 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 lawfully available to the Board for such purpose.
(C) All necessary preliminary expenses actually incurred by the Board in the making of surveys, estimates of costs and of revenue, employment of engineers or other employees, the giving of notices, taking of options and all other expenses of whatsoever nature, necessary to be paid prior to the issue and delivery of the city sewer revenue bonds or the receipt of other funds for the purposes of the works, may be met and paid in the following manner. The Board may from time to time certify such items of expense to the City Treasurer, directing him or her to pay the several amounts thereof, and thereupon the City Treasurer shall at once draw a warrant or warrants upon the funds of the city, which warrant or warrants shall be paid out of the General Fund of the city not otherwise appropriated, without a special appropriation being made therefor by Council; or, in case there are no general funds of the city not otherwise appropriated, the City Treasurer shall recommend to Council the temporary transfer from other funds of the city of a sufficient amount to meet such items of expense, or the making of a temporary loan for such purpose, and Council shall thereupon at once make such transfer of funds, or authorize such temporary loan in the same manner that other temporary loans are made by the municipality; provided, that the fund or funds of the city from which such payments are made shall be fully reimbursed and repaid by the Board out of the first proceeds available to it for the purposes of such works, and before any other disbursements are made therefrom, and the amount so advanced to pay such preliminary expenses shall be a first charge against the proceeds resulting from the sale of the city sewer revenue bonds, or other funds made available for the purpose of such works until the same has been repaid as herein provided.
(D) The Board shall cause to be prepared and published in the manner and at the times as prescribed by W.Va. Code § 16-13-18a a financial statement of the Board.
(1986 Code, § 135.05) (Ord. passed 7-28-1986)