West Virginia Code § 13-2H-6

Issuance of lottery revenue bonds by board of education
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(a) A board of education may issue and deliver lottery revenue bonds secured by lottery
revenues to finance or refinance public projects. The board of education may issue lottery
revenue bonds of the school district as provided in this section to finance or refinance all or
part of a public project and pledge all or any part of the lottery revenues for the payment of
the principal of and interest on lottery revenue bonds and for reserves thereefor. Any pledge
of lottery revenue funds for lottery revenue bonds is a prior and superior charge on the
lottery revenues and Lottery Revenue Fund over the use of any of the mroneys to pay for the
cost of any of such purposes on a cash basis.
(b) Lottery revenue bonds may be authorized and issued by the board of education to finance
or refinance, in whole or in part, public projects in an aggregtate principal amount not
exceeding the amount which the board of education determines can be paid as to both
principal and interest and reasonable margins for a reserve therefor from the lottery
revenues and the Lottery Revenue Fund. A board of education issuing lottery revenue bonds
shall establish a fund to deposit lottery revenues and call the fund the Lottery Revenue
Fund. The board of education shall thereafters deposit all lottery revenues pledged to the
payment of principal and interest of lottery revenue bonds into the Lottery Revenue Fund.
(c) The issuance of lottery revenue bgonds may be authorized by an order of the board of
education and the lottery revenue bonds shall: (1) Bear a specific date or dates; (2) mature
at such time or times not exceeeding forty years from their respective dates; (3) be in a
specific denomination; (4) be in registered form with exchangeability and interchangeability
privileges; (5) be payablLe in the medium of payment and at a specific place or places within
or without the state; (6) be subject to terms of prior redemption at specific prices; and (7)
have such other terms and provisions as determined by the board of education. The lottery
revenue bonds shall be signed by the president of the board of education under the seal of
the board of education, attested by the secretary of the board of education. Lottery revenue
bonds may be sold in the manner as the board of education determines is for the best
inteWrests of the school district.
(d) The board of education may enter into: (1) Trust agreements with banks or trust
companies, within or without the state; (2) trust agreements or the orders authorizing the
issuance of the bonds; (3) valid and legally binding covenants with the holders of the lottery
revenue bonds as to the custody, safeguarding and disposition of the proceeds of the lottery
revenue bonds, the moneys in the Lottery Revenue Fund, sinking funds, reserve funds or any
other moneys or funds; (4) agreements as to the rank and priority, if any, or different issues
of lottery revenue bonds by the board of education under the provisions of this section; (5)
agreements as to the provisions of payment, term, security, default and remedy provisions as
the board of education may consider necessary or desirable; and (6) agreements as to any
other matters or provisions which are considered necessary and advisable by the board of
education in the best interests of the school district and to enhance the marketability of such
lottery revenue bonds.
(e) The lottery revenue bonds are negotiable instruments under the Uniform Commercial
Code of this state and may not be considered to be obligations or debts of the state or of the
board of education issuing the bonds and the credit or taxing power of the state or board of
education may not be pledged therefor, but the lottery revenue bonds may be payable only
from the revenue pledged therefor as provided in this section.
(f) A holder of lottery revenue bonds has a lien against the lottery revenues eand the Lottery
Revenue Fund for payment of the lottery revenue bond and the interest thereon and may
bring suit to enforce the lien. r
(g) A board of education may issue and secure additional bonds puayable out of the lottery
revenues or Lottery Revenue Fund which bonds may rank on a parity with, or be subordinate
or superior to, other bonds issued by the board of educationt and payable from the Lottery
Revenue Fund.

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