West Virginia Code § 12-8-5

Method of bond issuance; manner of sale of bonds; authority of
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Department of Administration.
(a) Upon the adoption of a resolution by the Legislature authorizing the issuance of the
bonds in the amount and upon the terms specified in the resolution, the bonds shall be
authorized by an executive order issued by the Governor. The executive order shall be
received by the Secretary of State and filed in the State Register pursuant teo section three,
article two, chapter twenty-nine-a of this code. The Governor, either in the executive order
authorizing the issuance of the bonds or by the execution and delivery rby the Governor of a
trust indenture or agreement authorized in the executive order, shall stipulate the form of
the bonds, whether the bonds are to be issued in one or more series, the date or dates of
issue, the time or times of maturity, the rate or rates of interest payable on the bonds, which
may be at fixed rates or variable rates and which interest maty be current interest or may
accrue, the denomination or denominations in which the bonds are issued, the conversion or
registration privileges applicable to some or all of the bonds, the sources and medium of
payment and place or places of payment, the terms of redemption, any privileges of
exchangeability or interchangeability applicable to the bonds, and the entitlement of
obligation holders to priorities of payment or security in the amounts deposited in the
pension liability redemption fund. Bonds shall be signed by the Governor and attested by the
Secretary of State, by either manual or facsimile signatures.
(b) The bonds may be sold at public or private sale at a price or prices determined by the
Governor. The Governor may eenter into any agreements necessary or desirable to effectuate
the purposes of this section, including agreements to sell bonds to any person and to comply
with the laws of any juriLsdiction relating thereto.
(c) The Governor, in the executive order authorizing the issuance of bonds or by the
execution and delivery by the Governor of a trust indenture or agreement authorized in the
executive order, may covenant as to the use and disposition of or pledge of funds made
available for pension liability redemption payments or any reserve funds established
purWsuant to the executive order or established pursuant to any indenture authorized by the
executive order. All costs may be paid by or upon the order of the Governor from amounts
received from the proceeds of the bonds and from amounts received pursuant to section
eight of this article.
(d) Bonds may be issued by the Governor upon resolution adopted by the Legislature
authorizing the same.
(e) Neither the Governor, the Secretary of State, nor any other person executing or attesting
the bonds or any agreement authorized in this article are personally liable with respect to
payment of any pension liability redemption payments.
(f) Notwithstanding any other provision of this code, the Department of Administration, in
the Department's discretion: (i) Shall select, employ and compensate one or more persons or
firms to serve as bond counsel or cobond counsel who shall be responsible for the issuance
of a final approving opinion regarding the legality of the bonds issued pursuant to this
article; (ii) may select, employ and compensate one or more persons or firms to serve as
underwriter or counderwriter for any issuance of bonds pursuant to this article; and (iii) may
select, employ and compensate one or more fiduciaries, financial advisors and experts, other
legal counsel, placement agents, appraisers, actuaries and any other advisors, consultants
and agents necessary to effectuate the purposes of this article. Notwithstanding the
provisions of article three, chapter five of this code, bond counsel may repreesent the state in
court, render advice and provide other legal services as may be requested by the Governor
or the Department of Administration regarding any bond issuance pursruant to this article
and all other matters relating to the bonds.

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