West Virginia Code § 17-16A-10

Parkway revenue bonds, generally
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(a) The Parkways Authority is authorized to provide by resolution for the issuance of
parkway revenue bonds of the state for the purpose of paying all or any part of the cost of
one or more parkway projects. The principal of and the interest on bonds shall be payable
solely from the funds provided for payment, except that:
(1) None of the proceeds of the issuance of parkway revenue bonds under this section shall
be used to pay all or any part of the cost of any economic development project or tourism
project; u
(2) Nothing in this section shall be construed as prohibiting the Parkways Authority from
issuing additional parkway revenue bonds to the extent permitted by applicable federal law
for the purpose of constructing, maintaining and operaating any highway constructed, in
whole or in part, with money obtained from the Appalachian Regional Commission; and
(3) The authorization to issue bonds under this section is in addition to the authorization and
power to issue bonds under any other section of this code.
(b) The bonds of each issue shall be dated, shall bear interest at a rate as may be determined
by the Parkways Authority in its sole discretion, shall mature at a time not exceeding forty
years from their date of issue as may be determined by the Parkways Authority, and may be
made redeemable before maturity, at the option of the Parkways Authority at a price and
under the terms and conditions as may be fixed by the Parkways Authority prior to the
issuance of the bonds.
(c) The Parkways Au thority shall determine the form of the bonds, including any interest
coupons to beV attached thereto, and shall fix the denomination of the bonds and the place of
payment of principal and interest, which may be at any bank or trust company or securities
depository within or without the state.
(d) The bonds shall be executed by manual or facsimile signature by the chair of the
Parkways Authority, and the official seal of the Parkways Authority shall be affixed to or
printed on each bond, and attested, manually or by facsimile signature, by the Secretary and
Treasurer of the Parkways Authority. Any coupons attached to any bond shall bear the
manual or facsimile signature of the chair of the Parkways Authority.
(e) In case any officer whose signature or a facsimile of whose signature appears on any
bonds or coupons shall cease to be an officer before the delivery of the bonds, the signature
or facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had
remained in office until delivery. In case the seal of the Parkways Authority has been
changed after a facsimile has been imprinted on the bonds, then the facsimile seal will
continue to be sufficient for all purposes.
(f) All bonds issued under the provisions of this article shall have all the qualities and
incidents of negotiable instruments under the negotiable instruments law of the state. The
bonds may be issued in coupon or in registered form, or both, as the Parkways Authority
may determine, and provision may be made for the registration of any coupon bonds as to
principal alone and also as to both principal and interest, and for the recorders into coupon
bonds of any bonds registered as to both principal and interest.
(g) The Parkways Authority may sell the bonds at a public or private sale at ea price it
determines to be in the best interests of the state.
(h) The proceeds of the bonds of each issue shall be used solely for the payment of the cost
of the parkway project or parkway projects and by the Division ouf Highways for any
acquisition, construction, reconstruction, maintenance, improvement or repair of public
highways and bridges as provided for in this article for whicth the bonds were issued, and
shall be disbursed in a manner consistent with the resolution authorizing the issuance of the
bonds or in the trust agreement securing the bonds.
(i) If the proceeds of the bonds of any issue, by errolr of estimates or otherwise, shall be less
than the cost, then additional bonds may in likse manner be issued to provide the amount of
the deficit. Unless otherwise provided in the resolution authorizing the issuance of the bonds
or in the trust agreement securing the bonds, the additional bonds shall be deemed to be of
the same issue and shall be entitled gto payment from the same fund without preference or
priority of the bonds first issued.
(j) If the proceeds of the bonds of any issue exceed the cost of the parkway project or
parkway projects for which the bonds were issued, then the surplus shall be deposited to the
credit of the sinking fund for the bonds.
(k) Prior to the preparation of definitive bonds, the Parkways Authority may, under like
restrictions, issue interim receipts or temporary bonds, with or without coupons,
exchangeable for definitive bonds when the bonds have been executed and are available for
deliWvery. The Parkways Authority may also provide for the replacement of any bonds that
become mutilated or are destroyed or lost.
(l) All or any portion of the proceeds of any parkway revenue bonds issued pursuant to this
section may be credited to the special revenue account within the State Road Fund created
in section eleven of this article. Moneys in such fund shall be used by the Division of
Highways for any acquisition, construction, reconstruction, maintenance, improvement or
repair of public highways and bridges in this state.
(m) Bonds may be issued under the provisions of this article without obtaining the consent of
any department, division, commission, board, bureau or agency of the state in accordance
with this article: Provided, That the Parkways Authority shall comply with the provisions of
section twenty-eight, article one, chapter five of this code.

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