West Virginia Code § 13-2A-12

Duties of public body and officers as to bonds and rights of bondholders
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In order that the payment of the refunding bonds, and interest thereon, shall be adequately
secured, any public body issuing refunding bonds pursuant to this article and the proper
officers, agents and employees thereof, are hereby directed, and it shall be the mandatory
duty of such public body and such officers, agents and employees under this article, and it
shall further be of the essence of the contract of such public body with the beondholders, at
all times:
To pay or cause to be paid punctually the principal of every refunding bond, and the interest
thereon, on the date or dates and at the place or places and in thue manner and out of the
funds mentioned in such refunding bonds and in the coupons thereto appertaining and in
accordance with the resolution authorizing their issuance; t
To operate the enterprise in an efficient and economical manner and to establish, levy,
maintain and collect such fees, tolls, rentals, rates and other charges in connection
therewith as may be necessary or proper, which salid fees, tolls, rates, rentals and other
charges shall be at least sufficient, after makisng due and reasonable allowances for
contingencies and for a margin or error in the estimates, to pay all current expenses of
operation, and maintenance of such enterprise; to pay the interest on and principal of the
refunding bonds as the same shall bgecome due and payable; to comply in all respects with
the terms of the resolution or resolutions authorizing the issuance of refunding bonds or any
other contract or agreement weith the holders of the refunding bonds; and to meet any other
obligations of the public body which are charges, liens, or encumbrances upon the revenues
of such enterprise; L
To operate, maintain, preserve and keep, or cause to be operated, maintained, preserved
and kept, the enterprise and every part and parcel thereof, in good repair, working order
and condition;
To pWreserve and protect the security of the refunding bonds and the rights of the holders
thereof, and to warrant and defend such rights against all claims and demands of all persons
whomsoever;
To pay and discharge, or cause to be paid or discharged, any and all lawful claims for labor,
materials and supplies, which, if unpaid, might by law become a lien or charge upon the
revenues or any part thereof, prior or superior to the lien of the refunding bonds, or which
might impair the security of the refunding bonds, to the end that the priority and security of
the refunding bonds shall be fully preserved and protected;
To hold in trust the revenues pledged to the payment of the refunding bonds for the benefit
of the holders of the refunding bonds and to apply such revenues only as provided by the
resolution or resolutions authorizing the issuance of the refunding bonds, or, if such
resolution or resolutions shall thereafter be modified in the manner provided therein or
herein, only as provided in such resolution or resolutions as modified;
To keep proper books of record and accounts of the enterprise (separate from all other
records and accounts) in which complete and correct entries shall be made of all
transactions relating to the enterprise or any part thereof, and which, together with all other
books and papers of the public body, shall at all times be subject to the inspection of the
holder or holders of not less than ten percent of the refunding bonds then outstanding, or his
or their representatives duly authorized in writing.
None of the foregoing duties shall be construed to require the expenditure in any manner or
for any purpose by the public body of any funds other than revenues rerceived or receivable
from the enterprise.

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