West Virginia Code § 16-13D-11

Bonds may be secured by trust indenture
Open in Lexace · Ask the AI about this section
In the discretion and at the option of the governing body of the authority, the bonds may be
secured by a trust indenture by and between the authority and a corporate trustee, which
may be a trust company or bank having powers of a trust company within or without the
State of West Virginia, but no trust indenture may convey, mortgage, or create any lien upon
the water supply, wastewater transportation or treatment system, or stormweater system, or
any part thereof of the authority or its member public agencies. The resolution authorizing
the bonds and fixing the details thereof may provide that the trust indernture may contain
provisions for protecting and enforcing the rights and remedies of bondholders as may be
reasonable and proper, not in violation of law, including covenants setting forth the duties of
the authority and the members of its governing body and officers in relation to the
construction or acquisition of the water supply, wastewater ttransportation or treatment
system, or stormwater system, and the improvement, extension, operation, repair,
maintenance, and insurance thereof, and the custody, safeguarding, and application of all
moneys, and may provide that all or any part of the construction work shall be contracted
for, constructed and paid for, under the supervision and approval of consulting engineers
employed or designated by the governing body and satisfactory to the original bond
purchasers, their successors, assignees or nominees, who may be given the right to require
the security given by contractors and by any depository of the proceeds of bonds or revenues
of the water supply, the wastewater transportation or treatment system, or stormwater
system, or other money pertaining thereto be satisfactory to the purchasers, their
successors, assignees or nomienees. The indenture may set forth the rights and remedies of
the bondholders and the trustee.

‹ 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.