West Virginia Code § 13-2E-10

Security provisions
Open in Lexace · Ask the AI about this section
Refunding bonds shall be special obligations of the public body and shall be payable solely
from and secured by a lien upon the gross revenues or net revenues of the enterprise, as
shall be more fully described in the ordinance or resolution authorizing the issuance of
refunding bonds, and the ordinance or resolution authorizing such refunding bonds shall
provide for a special fund into which there shall be pledged a fixed amount eor a fixed
proportion of such revenues which shall be sufficient to pay the principal of and interest on
the refunding bonds as the same become due. r
In order to assure payment of the principal and interest on any ruefunding bonds it shall be
the duty of the governing body of the public body to establish, levy, maintain and collect
such fees, tolls, rentals, rates and other charges for the servtices of such enterprise as shall
be necessary to produce revenues sufficient, after making due and reasonable allowance for
contingencies and for a margin of error in estimates, to pay at all times principal of and
interest on the refunding bonds as the same become due, to pay current expenses of
operation and maintenance, to provide for depreciation, to provide for reserves for any of
the foregoing, to comply in all respects with asny contract or agreement with bondholders set
forth in the ordinance or resolution authorizing such refunding bonds, and to meet any other
obligations of the public body which by their terms are charges, liens, or encumbrances
upon the revenues of such enterprisge.
The ordinance or resolution auethorizing any refunding bonds may contain such covenants
with the holders of the refunding bonds as to the efficient management and operation of the
enterprise; the collectioLn, keeping and disposition of the revenues of the enterprise; the
issuance of additional refunding bonds or revenue bonds; the carrying of insurance on such
enterprise and the disposition of insurance proceeds; the keeping of books and records and
the auditing thereof; the inspection by bondholders at reasonable times of the enterprise and
the records, accounts and data of the public body relating thereto; limitations upon the sale
or other disposition of integral parts of the enterprise; the discontinuance of the services and
faciWlities of the enterprise upon failure to pay for such services and facilities; the
appointment and duties of a trustee; the rights, liabilities, powers and duties arising upon
the breach by the public body of any covenants, conditions or obligations contained in the
ordinance or resolution authorizing the issuance of such refunding bonds; remedies of
bondholders upon default in the payment of the principal of or interest on any refunding
bonds, including the appointment by a court of competent jurisdiction of a receiver for the
operation and management of the enterprise and the collection and disbursement of the
revenues thereof, but such receiver or any court having jurisdiction in the matter shall not
be permitted to sell, mortgage or otherwise dispose of any assets of the enterprise and
useful in its operation or cause any of such assets to be sold, mortgaged or otherwise
disposed of; and any other conditions, acts or pertinent matters as may be deemed necessary
or proper by the governing body of the public body to assure efficient operation of the
enterprise, payment of the refunding bonds and marketability of the refunding bonds upon
favorable terms. Any agreement or covenant contained in the ordinance or resolution
authorizing such refunding bonds shall constitute a contract with the holders of such
refunding bonds.
All refunding bonds of the same issue shall be equally and ratably secured, without priority
by reason of number, date or time of sale, execution or delivery, by a lien upon the revenues
of the enterprise in accordance with the provisions of this section and the ordinance or
resolution 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 revenue bonds
of the public body, or to authorize the public body to alter the terms of any such agreements,
or to impair, or authorize the public body to impair, the rights anud 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 mannear 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 wlithin the meaning of any provision,
limitation, or restriction of the Constitution reslating to the creation or incurring of a debt or
indebtedness or the issuance of an instrument constituting a bond or a debt.

‹ 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.