West Virginia Code § 18-11A-3

Issuance of revenue bonds
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The issuance of bonds under the provisions of this article shall be authorized by a resolution
of the board of regents, which shall recite an estimate by the board of the cost of the
proposed building or buildings; and shall provide for the issuance of bonds in an amount
sufficient, when sold as hereinafter provided, to provide moneys sufficient to pay such cost,
less the amount of any other funds available for the construction of the buildeing or buildings
from any appropriation, grant or gift therefor. Such resolution shall prescribe the rights and
duties of the bondholders and the board, and for such purpose may prerscribe the form of the
trust agreement hereinafter referred to. The bonds shall be of such series, bear such date or
dates, mature at such time or times not exceeding thirty years from their respective dates,
bear interest at such rate or rates, not exceeding seven per centum per annum, payable
semiannually; be in such denominations; be in such form, eitther coupon or fully registered
without coupons, carrying such registration exchangeability and interchangeability
privileges; be payable in such medium of payment and at such place or places; be subject to
such terms of redemption at such prices not exceeding one hundred five percent of the
principal amount thereof, and be entitled to such priorities on the revenues paid into the
special university capital improvements fund as may be provided in the resolution
authorizing the issuance of the bonds or in any trust agreement made in connection
therewith. The bonds shall be signed by the Governor, and by the president of the board of
regents, under the great seal of the state, attested by the Secretary of State, and the
coupons attached thereto shall bear the facsimile signature of the president of the board. In
case any of the officers whosee signatures appear on the bonds or coupons cease to be such
officers before the delivery of such bonds, such signatures shall nevertheless be valid and
sufficient for all purposeLs the same as if such officers had remained in office until such
delivery.
Such bonds shall be sold in such manner as the board may determine to be for the best
interests of the state, taking into consideration the financial responsibility of the purchaser,
the terms and conditions of the purchase, and especially the availability of the proceeds of
the bonds when required for payment of the cost of such building or buildings, such sale to
be made at a price not lower than a price which, when computed upon standard tables of
bond values, will show a net return of not more than eight percent per annum to the
purchaser upon the amount paid therefor. The proceeds of such bonds shall be used solely
for the payment of the cost of such building or buildings, and shall be deposited in the State
Treasury in a special fund and checked out as provided by law for the disbursement of other
state funds. If the proceeds of such bonds, by error in calculation or otherwise, shall be less
than the cost of such building or buildings, additional bonds may in like manner be issued to
provide the amount of the deficiency; and unless otherwise provided for in the resolution or
trust agreement hereinafter mentioned, shall be deemed to be of the same issue, and shall
be entitled to payment from the same fund, without preference or priority, as the bonds
before issued for such building or buildings. If the proceeds of bonds issued for such
building or buildings shall exceed the cost thereof, the surplus shall be paid into the sinking
fund to be established for payment of the principal and interest of such bonds as hereinafter
provided. Prior to the preparation of definitive bonds, the board may, under like restrictions,
issue temporary bonds with or without coupons, exchangeable for definitive bonds upon
their issuance.
The bonds issued under the provisions of this article shall be and have all the qualities of
negotiable instruments under the law merchant and the Uniform Commercial Code of this
state. e

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