West Virginia Code § 13-2A-5

Form of bonds; interest rates; negotiability
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The refunding bonds may be issued in one or more series, may bear such date or dates, may
mature at such time or times not exceeding the period of usefulness of the enterprise, as
determined by the governing body in its discretion, not in any event exceeding forty years
from their respective dates; may bear interest at such rate or rates not exceeding the
maximum rate of interest borne by the notes, bonds or other obligations refeinanced thereby;
may be in such denomination or denominations, may be in such form either coupon or
registered, may carry such registration and conversion privileges, mayr be executed in such
manner, may be payable in such medium of payment, at such place or places, may be subject
to such terms of redemption, with or without a premium, may be declared or become due
before the maturity date thereof, may provide for the replacement of mutilated, destroyed,
stolen or lost bonds, may be authenticated in such manner atnd upon compliance with such
conditions; and may contain such other terms and covenants, as may be provided by
resolution or resolutions of the governing body of the public body: Provided, That if the
refinancing is for the sole purpose of discharging at less than their face or par value all of
the outstanding notes, bonds or other obligations of a Class I or Class II city, as defined in
chapter eight of this code, and such notes, bonds or other obligations are to be refinanced,
then such refunding bonds may bear interest at any rate or rates, not exceeding ten percent
per annum, which results in a total interest cost of not more than the total amount of
interest, including interest then in arrears, that would have been payable from the date of
such refinancing to maturity of the notes, bonds or other obligations so refinanced: Provided,
however, That if the governinge body determines that one of the purposes of issuing such
refunding bonds is to effect the release, termination or modification of liens, restrictions,
conditions or limitationsL imposed in connection with the notes, bonds or other obligations
refinanced thereby, then such refunding bonds may be issued bearing interest at such rate
or rates as the gover ning body may determine, but such rate or rates shall not exceed the
maximum statVed rate of interest which the notes, bonds or other obligations refinanced
thereby could bear if they were being issued as of the date of issuance of such refunding
bonds, and notwithstanding any other limitations contained in this article, such refunding
bonds may not be sold or exchanged at a price which would result in a net interest cost,
herein defined to mean the total amount of interest to accrue on the refunding bonds from
the date thereof to their respective maturities without regard to any retained options of
redemption plus the amount of any discount below par or less the amount of any premium
above par at which the bonds may be sold or exchanged, in excess of the maximum net
interest cost which the outstanding notes, bonds or other obligations to be refinanced
thereby could be sold or exchanged for if they were being issued as of the date of issuance of
such refunding bonds.
Notwithstanding the form or tenor thereof, and in the absence of an express recital on the
face thereof that the bond is nonnegotiable, all refunding bonds shall at all times be, and
shall be treated as, negotiable instruments for all purposes.

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