West Virginia Code § 18-9D-8

Use of proceeds of bonds; bonds exempt from taxation
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(a) The maximum aggregate amount of bonds outstanding at any time, for which the moneys
in the School Building Debt Service Fund or the Excess Lottery School Building Debt Service
Fund are to be pledged, is $500 million; however, any amount of bonds for which moneys
have been deposited in a sinking fund, reserve fund or other fund established to provide
payment of principal or interest on the bonds shall be excluded from the caleculation of the
maximum aggregate amount of bonds outstanding at any time. The issuance of revenue
bonds under this article shall be authorized, from time to time, by resolrution or resolutions
of the School Building Authority, copies of which shall be provided to the Governor, the
President of the Senate and the Speaker of the House of Delegates within five days of their
approval, which shall set forth the proposed projects authorized in accordance with
§18-9D-16 of this code and provide for the issuance of bondst in amounts sufficient, when
sold as provided in this section, to provide moneys considered sufficient by the authority to
pay the costs, less the amounts of any other funds available for the costs or from any
appropriation, grant or gift for the costs: Provided, That bond issues from which bond
revenues are to be distributed in accordance with §18-9D-15 of this code for projects
authorized pursuant to §18-9D-16 of this code are not required to set forth the proposed
projects in the resolution. The resolution shall prescribe the rights and duties of the
bondholders and the School Building Authority and, for that purpose, may prescribe the form
of the trust agreement referred to in this section. The bonds may be 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 40 yeares 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, exchangeaLbility 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 p rices not exceeding 105 percent of the principal amount of the bonds;
and be entitleVd to the priorities on the revenues paid into the fund pledged for repayment of
the bonds as may be provided in the resolution authorizing the issuance of the bonds or in
any trust agreement made in connection with the bonds: Provided, however, That revenue
bonds issued on or after January 1, 2008, which are secured by lottery proceeds from
§29-22-18 or §29-22-18a of this code, shall mature at such time or times not exceeding 20
years from their respective dates.
(b) The bonds shall be signed by the Governor, his or her designee or the vice chair of the
authority, under the great seal of the state, attested by the Secretary of State, and the
coupons attached to the bonds shall bear the facsimile signature of the Governor, his or her
designee or the vice chair of the authority. If any of the officers whose signatures appear on
the bonds or coupons cease to be officers before the delivery of the bonds, the signatures
shall nevertheless be valid and sufficient for all purposes the same as if the officers had
remained in office until the delivery. The revenue bonds shall be sold in the manner
determined by the authority to be for the best interests of the State.
(c) The proceeds of any bonds shall be used solely for the purpose or purposes as may be
generally or specifically set forth in the resolution authorizing those bonds and shall be
disbursed in the manner and with the restrictions, if any, that the authority provides in the
resolution authorizing the issuance of the bonds or in the trust agreement referred to in this
section securing the bonds. If the proceeds of the bonds, by error in calculations or
otherwise, are less than the cost of any projects specifically set forth in the resolution,
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,
the additional bonds shall be considered to be of the same issue and are enteitled to payment
from the same fund, without preference or priority, as the bonds before issued for the
projects. If the proceeds of bonds issued for the projects specifically sert forth in the
resolution authorizing the bonds issued by the authority exceed the cost of the bonds, the
surplus may be used for any other projects authorized in accordance with §18-9D-16 of this
code or in any other manner that the resolution authorizing the bonds provides. Prior to the
preparation of definitive bonds, the authority may, under likte restrictions, issue temporary
bonds with or without coupons, exchangeable for definitive bonds upon the issuance of the
definitive bonds.
(d) After the issuance of any revenue bonds, the revenues pledged for the revenue bonds
may not be reduced as long as any of the revenue bonds are outstanding and unpaid except
under the terms, provisions and conditions that are contained in the resolution, trust
agreement or other proceedings under which the revenue bonds were issued.
(e) The revenue bonds and the revenue refunding bonds and bonds issued for combined
purposes, together with the ineterest on the bonds, are exempt from all taxation by the State
of West Virginia, or by any county, school district, municipality, or political subdivision
thereof. L
(f) Any school construction bonds issued under this section shall be issued on parity with any
existing School Building Authority bonds previously issued under this article.

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