West Virginia Code § 13-2A-13

Provisions in resolution authorizing bonds
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The governing body of any public body shall have power, in addition to the other powers
conferred by this article, to insert provisions in any resolution authorizing the issuance of
refunding bonds, which shall be a part of the contract with the holders of the refunding
bonds, as to:
Limitations on the purpose to which the proceeds of sale of any issue of refunding bonds, or
any notes, bonds or other obligations then or thereafter to be issued to finance the
improving of the enterprise, may be applied;
Limitations on the issuance and on the lien of additional refunding bonds, or additional
notes, bonds or other obligations to finance the improving of the enterprise which are
secured by or payable from the revenues of such enterprise;
Limitations on the right of the public body or its governing body to restrict and regulate the
use of the enterprise; l
The amount and kind of insurance to be maintained on the enterprise, and the use and
disposition of insurance moneys; i
Pledging all or any part of the revenues of the enterprise to which its right then exists or the
right to which may thereafter come into existence;
Covenanting against pledging all or any part of the revenues of the enterprise to which its
right then exists or the right to which may thereafter come into existence;
Events of default and terms and conditions upon which any or all of the refunding bonds
shall become or may be declared due before maturity, and as to the terms and conditions
upon which such declaration and its consequences may be waived;
TheW rights, liabilities, powers and duties arising upon the breach by it of any covenants,
conditions or obligations;
The vesting in a trustee or trustees the right to enforce any covenants made to secure, to
pay, or in relation to the refunding bonds, as to the powers and duties of such trustee or
trustees, and the limitation of liabilities thereof, and as to the terms and conditions upon
which the holders of the refunding bonds or any proportion or percentage of them may
enforce any covenants made under this article or duties imposed hereby;
A procedure by which the terms of any resolution authorizing refunding bonds, or any other
contract with bondholders, including but not limited to an indenture of trust or similar
instrument may be amended or abrogated, and as to the amount of refunding bonds the
holders of which must consent thereto, and the manner in which such consent may be given;
The execution of all instruments necessary or convenient in the exercise of the powers
granted by this article or in the performance of the duties of the public body and the officers,
agents and employees thereof;
Refraining from pledging or in any manner whatever claiming or taking the benefit or
advantage of any stay or extension law whenever enacted, or at any time hereafter in force,
which may affect the duties or covenants of the public body in relation to the refunding
bonds, or the performance thereof, or the lien of such refunding bonds; e
The purchase out of any funds available therefor, including, but not limited to, the proceeds
of refunding bonds, of any outstanding notes, bonds or obligations, including, but not limited
to, refunding bonds, and the price or prices at which, and the maunner in which, such
purchases may be made;
Any other acts and things as may be necessary or convenient or desirable in order to secure
the refunding bonds, or as may tend to make the refunading bonds more marketable;
The manner of collecting the fees, tolls, rates, rentalls or other charges for the services,
facilities or commodities of the enterprise, ands the combining in one bill of the fees, tolls,
rates, rentals or other charges for the services, facilities or commodities of the enterprise
with the fees, tolls, rates, rentals or chargeis for other services, facilities or commodities
afforded by the public body; and g
The discontinuance of the services, facilities or commodities of the enterprise as well as any
other services, facilities or commodities afforded by the public body, in the event that the
fees, tolls, rates, rentals or other charges for the services, facilities or commodities of the
enterprise are not paid.
Nothing in this sectio n shall be construed to authorize any public body to make any
covenants, to Vperform any act or to do anything which shall require the expenditure in any
manner or for any purposes by the public body of any funds other than revenues received or
receivable from the enterprise.

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