West Virginia Code § 17-28-6

Issuance of transportation project revenue bonds by county
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(a) The county commission, in its discretion, may use the moneys in such special
transportation fund established under section five of this article to finance the costs of
transportation projects on a cash basis. Every county commission is empowered and
authorized to issue, in the manner prescribed by this section, special revenue bonds secured
by user fees authorized by section five of this article to finance or refinancee all or part of a
transportation project and pledge all or any part of the user fees for the payment of the
principal of and interest on such bonds and the reserves therefor. Bondrs issued for any of
the purposes stated in this section shall contain in the title or subtitle thereto the word
"transportation", in order to identify the same.
(b) The transportation revenue bonds may be authorized andt issued by the county
commission to finance or refinance, in whole or in part, public transportation projects in an
aggregate principal amount not exceeding the amount which the county commission
determines can be paid as to both principal and interest and reasonable margins for a
reserve therefor from user fee revenues. A county commission issuing transportation
revenue bonds shall establish a fund to deposist user fee revenues. The county commission
shall thereafter deposit all revenues pledged to the payment of principal and interest of
transportation revenue bonds into the fund.
(c) The issuance of transportation revenue bonds may be authorized by an order of the
county commission. The transpeortation revenue bonds shall: (1) Bear a date or dates; (2)
mature at a time or times not exceeding forty years from their respective dates; (3) be in a
denomination not more Lthan a maximum denomination fixed by the county commission; (4)
be in a registered form with exchangeability and interchangeability privileges; (5) be
payable in a medium of payment and at a place or places within or without the state; (6) be
subject to such terms and prices for redemption, if any, as approved by the county
commission; (7) bear a rate of interest that is not more than a maximum rate fixed by the
county commission; and (8) may have such other terms and provisions as determined by the
couWnty commission. The transportation revenue bonds shall be signed by the president of the
county commission under the seal of the county commission, attested by the clerk of the
county commission. Transportation revenue bonds may be sold in a manner as the county
commission determines is for the best interests of the county.
(d) The county commission may enter into: (1) Trust agreements with banks or trust
companies within or without the state and in trust agreements or orders authorizing the
issuance of bonds; (2) valid and legally binding covenants with the holders of the
transportation revenue bonds as to the custody, safeguarding and disposition of the
proceeds of the transportation revenue bonds, the moneys in the user fee revenue fund,
sinking funds, reserve funds or any other moneys or funds; as to the rank and priority, if any,
or different issues of transportation revenue bonds by the county commission under the
provisions of this section; (3) agreements as to such provisions as payment, term, security,
default and remedy provisions as the county commission shall consider necessary or
desirable; and (4) agreements as to any other matters or provisions which are considered
necessary and advisable by the county commission in the best interests of the county and to
enhance the marketability of such transportation revenue bonds.
(e) The transportation revenue bonds are negotiable instruments under the Uniform
Commercial Code of this state and are not obligations or debts of the state or of the county
issuing the bonds and the credit or taxing power of the state or county may not be pledged
therefor, but the transportation revenue bonds may be payable only from thee revenue
pledged therefor as provided in this article.
(f) A holder of transportation revenue bonds has a lien against the user fee revenues and the
user fee revenue fund for payment of the transportation revenueu bond and the interest
thereon and may bring suit to enforce the lien.
(g) A county commission may issue and secure additional bonds payable out of the user fee
revenues and the user fee revenue fund which bonds maay rank on a parity with, or be
subordinate or superior to, other bonds issued by the county commission and payable from
the user revenue fee fund. l
(h) For the purposes of this section, a county commission is authorized to sue and be sued;
make contracts and guarantees; incur liabiilities; borrow or lend money for any time period
considered advisable by the county gcommission; sell, mortgage, lease, exchange, transfer or
otherwise dispose of its property; or pledge its property as collateral or security for any time
period considered advisable by the commission. All sales, leases or other disposition of real
property acquired with state road funds or federal funds, or of real property dedicated to the
state road system, must be done in accordance with applicable federal and state law and
may be done only with the approval of the commissioner. A county commission is also
authorized to create trusts as will expedite the efficient management of transportation
projects and other assets owned or controlled by the county commission. The trustee,
whether individual or corporate, in any trust has a fiduciary relationship with the county
commission and may be removed by the county commission for good cause shown or for a
breWach of the fiduciary relationship with the county commission. Nothing in this article
effects a waiver of the sovereign, constitutional or governmental immunity of the state or its
agencies.
(i) The powers conferred by this article are in addition and supplemental to any other powers
conferred upon county commissions by the Legislature relating to streets, road maintenance
or to construct and maintain transportation facilities.
(j) After the issuance of any transportation revenue bonds, the user fee pledged to the
payment thereof may not be reduced as long as any of the bonds are outstanding and unpaid
except under such terms, provisions and conditions as shall be contained in the order, trust,
agreement or other proceedings under which the transportation revenue bonds were issued.

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