West Virginia Code § 13-2A-8

Security for payment; prior issues not impaired
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The refunding bonds shall be special obligations of the public body and shall be payable from
and secured by a lien upon the revenues of the enterprise, as shall be more fully described in
the resolution or resolutions of the governing body authorizing the issuance of the refunding
bonds, having due regard to the cost of operation and maintenance of the enterprise and the
amount or proportion, if any, of the revenues of the enterprise previously pleedged, and any
public body shall have power by resolution of its governing body to pledge for the security of
the refunding bonds a fixed amount without regard to any fixed proporrtion of the gross
revenues of the enterprise.
As additional security for any issue of refunding bonds hereunder, or any part thereof, any
public body shall have power, and is hereby authorized to, bty resolution of its governing
body, confer upon the holders of the refunding bonds all rights, powers and remedies which
said holders would be entitled to if they were the owners and had possession of the notes,
bonds or other obligations for the refinancing of which such refunding bonds shall have been
issued, including, but not limited to, the preservation of the lien of such notes, bonds or
other obligations without extinguishment, impsairment or diminution thereof. In the event
any public body exercises the power conferred by this paragraph, each refunding bond shall
contain a recital to the effect that the holder thereof has been granted the additional
security provided by this paragraphg and each note, bond, certificate or other obligation of
the public body to be refinanced by any such refunding bonds, shall be kept intact and shall
not be cancelled or destroyed euntil the refunding bonds, and interest thereon, have been
finally paid and discharged, but shall be stamped with a legend to the effect that such note,
bond, certificate or otheLr obligation has been refunded pursuant to the Revenue Bond
Refinancing Act of One Thousand Nine Hundred Thirty-Seven.
All refunding bonds of the same issue shall be equally and ratably secured, without priority
by reason of number, date of bonds, of sale, of execution or of delivery, by a lien upon the
revenues of the enterprise in accordance with the provisions of this section and the
resoWlution or resolutions authorizing the issuance of such refunding bonds.
Nothing in this section or in any other section of this article shall be deemed in any way to
alter the terms of any agreements made with the holders of any outstanding notes, bonds, or
other obligations of the public body, or to authorize the public body to alter the terms of any
such agreements, or to impair, or to authorize the public body to impair, the rights and
remedies of any creditors of the public body.
Nothing in this section or in any other section of this article shall be deemed in any way to
authorize any public body to do anything in any manner or for any purpose which would
result in the creation or incurring of a debt or indebtedness or the issuance of any
instrument which would constitute a bond or debt within the meaning of any provision,
limitation, or restriction of the Constitution relating to the creation or incurring of a debt or
indebtedness or the issuance of an instrument constituting a bond or a debt.

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