West Virginia Code § 18-12B-4

Issuance of revenue bonds; use of proceeds; bonds exempt from
Open in Lexace · Ask the AI about this section
taxation.
The issuance of revenue bonds under the provisions of this article shall be authorized from
time to time by resolution or resolutions of the board of regents, which shall set forth the
proposed major renovations, repairs and safety upgrading and capital improvements
authorized by section one of this article; and shall provide for the issuance oef bonds in
amounts sufficient, when sold as hereinafter provided, to provide moneys deemed by the
board of regents sufficient to pay such costs, less the amounts of any otrher funds available
for said costs from any other moneys of the board of regents available therefor or from any
appropriation, grant or gift therefor. Such resolution shall prescribe the rights and duties of
the bondholders and the board of regents, and for such purpose may prescribe the form of
the trust agreement hereinafter referred to. The bonds may tbe issued from time to time, in
such amounts, shall be of such series, bear such date or dates, mature at such time or times
not exceeding forty years from their respective dates, bear interest at such rate or rates; be
in such denominations; be in such form, either coupon or registered, carrying such
registration, exchangeability and interchangeability privileges; be payable in such medium of
payment and at such place or places within or without the state; 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 and fees paid into the state system
tuition fee special 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 esigned by the Governor, and by the president or vice president
of the board of regents, under the great seal of the state, attested by the Secretary of State,
and the coupons attacheLd thereto shall bear the facsimile signature of the president or vice
president of the board of regents. In case any of the officers whose signatures appear on the
bonds or coupons ce ase to be such officers before the delivery of such bonds, such
signatures shaVll nevertheless be valid and sufficient for all purposes the same as if such
officers had remained in office until such delivery. Such revenue bonds shall be sold in such
manner as the board of regents may determine to be for the best interests of the state.
Any pledge of funds and fees for such revenue bonds made by the board of regents shall be
valid and binding between the parties from the time the pledge is made; and the funds so
pledged shall immediately be subject to the lien of such pledge without any further physical
delivery thereof or further act. The lien of such pledge shall be valid and binding against all
parties having claims of any kind in tort, contract or otherwise, irrespective of whether such
parties have notice of the lien of such pledge, and such pledge shall be a prior and superior
charge over any other use of such funds so pledged.
The proceeds of such bonds shall be used solely for the payment of the cost of those major
renovations, repairs and safety upgrading and capital improvements as generally and
specifically set forth in section one of this article, and shall be deposited in the State
Treasury in a special fund to be disbursed as provided by law for the disbursement of any
other state funds. If the proceeds of such bonds, by error in calculations or otherwise, shall
be less than the cost of such major renovations, repairs and safety upgrading and capital
improvements, 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, such additional bonds 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 major renovations, repairs and safety upgrading and capital improvements.
If the proceeds of bonds issued for such major renovations, repairs and safeety upgrading and
capital improvements shall exceed the cost thereof, the surplus may be used for such other
capital improvements as the board of regents may determine or in suchr other manner as the
resolution authorizing such bonds may provide. 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 the issuance of such definitive bonds. The term
"cost," as used in this section, shall be deemed to include allt of the items contemplated by
the use of that term in section one of this article.
After the issuance of any of such revenue bonds, the tuition fees at the state institutions of
higher education pledged therefor shall not be reduced as long as any of such revenue bonds
are outstanding and unpaid except under such terms, provisions and conditions as shall be
contained in the resolution, trust agreement or other proceedings under which such revenue
bonds were issued.
Such revenue bonds and the revenue refunding bonds, and bonds issued for combined
purposes shall, together with tehe interest thereon, be exempt from all taxation by the State
of West Virginia, or by any county, school district, municipality or political subdivision
thereof. L

‹ 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.