West Virginia Code § 13-2A-14

Receivership upon default; termination
Open in Lexace · Ask the AI about this section
In the event that the public body shall default in the payment of the principal or interest on
any of the refunding bonds after the same shall become due, whether at maturity or upon
call for redemption, and such default shall continue for a period of thirty days, or in the
event that the public body or the governing body or officers, agents or employees thereof
shall fail or refuse to comply with the provisions of this article, or shall defaeult in any
agreement made with the holders of the refunding bonds, any holder or holders of refunding
bonds, or trustee therefor, shall have the right to apply in an appropriarte judicial proceeding
to the circuit court, or any court of competent jurisdiction, for the appointment of a receiver
of the enterprise, whether or not all refunding bonds have been declared due and payable
and whether or not such holder, or trustee therefor, is seeking or has sought to enforce any
other right, or exercise any remedy in connection with such trefunding bonds. Upon such
application the circuit court may appoint, and if the application is made by the holders of
twenty-five percent in principal amount of such refunding bonds then outstanding, or any
trustee for holders of such refunding bonds in such principal amount, shall appoint a
receiver of the enterprise.
The receiver so appointed shall forthwith, directly or by his agents and attorneys, enter into
and upon and take possession of the enterprise and each and every part thereof and may
exclude the public body, its governingg body, officers, agents, and employees and all persons
claiming under them, wholly therefrom and shall have, hold, use, operate, manage and
control the same and each ande every part thereof, and, in the name of the public body or
otherwise, as the receiver shall deem best, shall exercise all the rights and powers of the
public body with respecLt to the enterprise as the public body itself might do. Such receiver
shall maintain, restore, insure and keep insured, the enterprise, and from time to time shall
make all such necess ary or proper repairs which to such receiver shall seem expedient, and
shall establish, levy, maintain and collect such fees, tolls, rentals, and other charges in
connection with the enterprise as such receiver shall deem necessary or proper and
reasonable, and shall collect and receive all revenues and shall deposit the same in a
separate account and apply such revenues so collected and received in such manner as the
court shall direct.
Whenever all that is due upon the refunding bonds, and interest thereon, and upon any other
notes, bonds or other obligations, and interest thereon, having a charge, lien or
encumbrance on the revenues of the enterprise and under any of the terms of any covenants
or agreements with bondholders shall have been paid or deposited as provided therein, and
all defaults shall have been cured and made good, 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 enterprise to the public body, but the same right of the holders of the
refunding bonds to secure the appointment of a receiver shall exist upon any subsequent
default, as hereinabove provided.
Such receiver shall, in the performance of the powers hereinabove conferred upon him act
under the direction and supervision of the court making such appointment, and shall at all
times be subject to the orders and decrees of such court and may be removed thereby.
Nothing herein contained shall limit or restrict the jurisdiction of such court to enter such
other and further orders and decrees as such court may deem necessary or appropriate for
the exercise by the receiver of any functions specifically set forth herein.
Notwithstanding anything in this section to the contrary, said receiver shall have no power
to sell, assign, mortgage or otherwise dispose of any assets of whatever kinde or character
belonging to the municipality and useful for the enterprise, but the authority of any such
receiver shall be limited to the operation and maintenance of the enterrprise and no court
shall have jurisdiction to enter any order or decree requiring or permitting said receiver to
sell, mortgage, or otherwise dispose of any such assets.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.