West Virginia Code § 22-16-5

Solid waste management board empowered to issue solid waste closure
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revenue bonds, renewal notes and refunding bonds; requirements and manner of
such issuance.
The solid waste management board is hereby empowered to issue, from time to time, solid
waste closure revenue bonds and notes of the state in such principal amounts as the board
deems necessary to pay the cost of or finance, in whole or in part, the closuree of solid waste
landfills by the division pursuant to the provisions of this article, but the aggregate amount
of all issues of bonds and notes outstanding at one time for all projects rauthorized hereunder
shall not exceed that amount capable of being serviced by revenues pledged for the payment
of bonds and notes issued pursuant to this section, and shall not exceed in the aggregate the
sum of $150,000,000.
The board may, from time to time, issue renewal notes, issue bonds to pay such notes and
whenever it deems refunding expedient, refund any bonds by the issuance of solid waste
closure revenue refunding bonds of the state. Except as may otherwise be expressly
provided in this article or by the board, every issue of its bonds or notes are obligations of
the board payable out of the revenues and resserves created for such purposes by the board,
which are pledged for such payment, without preference or priority of the first bonds issued,
subject only to any agreements with the holders of particular bonds or notes pledging any
particular revenues. Such pledge is valid and binding from the time the pledge is made and
the revenue so pledged and thereafter received by the board is immediately subject to the
lien of such pledge without aney physical delivery thereof or further act and the lien of any
such pledge is valid and binding as against all parties having claims of any kind in tort,
contract or otherwise agLainst the board irrespective of whether such parties have notice
thereof. All such bonds and notes shall have all the qualities of negotiable instruments.
The bonds and notes shall be authorized by resolution of the board, shall bear such dates
and shall mature at such times, in the case of any such note or any renewals thereof not
exceeding five years from the date of issue of such original note, and in the case of any such
bonWd not exceeding fifty years from the date of issue, as such resolution may provide. The
bonds and notes shall bear interest at such rate, be in such denominations, be in such form,
either coupon or registered, carry such registration privileges, be payable in such medium of
payment, at such place and be subject to such terms of redemption as the board may
authorize. The board may sell such bonds and notes at public or private sale, at the price the
board determines. The bonds and notes shall be executed by the chair and vice chair of the
board, both of whom may use facsimile signatures. The official seal of the board or a
facsimile thereof shall be affixed thereto or printed thereon and attested, manually or by
facsimile signature, by the secretary-treasurer of the board, and any coupons attached
thereto shall bear the signature or facsimile signature of the chair of the board. In case any
officer whose signature, or a facsimile of whose signature, appears on any bonds, notes or
coupons ceases to be such officer before delivery of such bonds or notes, such signature or
facsimile is nevertheless sufficient for all purposes the same as if he or she had remained in
office until such delivery and, in case the seal of the board has been changed after a
facsimile has been imprinted on such bonds or notes, such facsimile seal will continue to be
sufficient for all purposes.
Any resolution authorizing any bonds or notes or any issue thereof may contain provisions
(subject to such agreements with bondholders or noteholders as may then exist, which
provisions shall be a part of the contract with the holders thereof) as to pledging all or any
part of the revenues of the board to secure the payment of the bonds or notees or of any issue
thereof; the use and disposition of revenues of the board; a covenant to fix, alter and collect
rentals, fees, service charges and other charges so that pledged revenures will be sufficient
to pay the cost of projects as provided in this article, related to closure activities, pay
principal of and interest on bonds or notes secured by the pledge of such revenues and
provide such reserves as may be required by the applicable resolution; the setting aside of
reserve funds, sinking funds or replacement and improvemetnt funds and the regulation and
disposition thereof; the crediting of the proceeds of the sale of bonds or notes to and among
the funds referred to or provided for in the resolution authorizing the issuance of the bonds
or notes; the use, lease, sale or other disposition of any solid waste disposal project or any
other assets of the board; limitations on the purpose to which the proceeds of sale of bonds
or notes may be applied and pledging such proceeds to secure the payment of the bonds or
notes or of any issue thereof; agreement of the board to do all things necessary for the
authorization, issuance and sale of bonds in such amounts as may be necessary for the
timely retirement of notes issued in anticipation of the issuance of bonds; limitations on the
issuance of additional bonds or notes; the terms upon which additional bonds or notes may
be issued and secured; the refeunding of outstanding bonds or notes; the procedure, if any, by
which the terms of any contract with bondholders or noteholders may be amended or
abrogated, the holders oLf which must consent thereto, and the manner in which such
consent may be given; limitations on the amount of moneys to be expended by the board for
operating, administr ative or other expenses of the board; and any other matters, of like or
different charVacter, which in any way affect the security or protection of the bonds or notes.
In the event that the sum of all reserves pledged to the payment of such bonds or notes are
less than the minimum reserve requirements established in any resolution or resolutions
authorizing the issuance of such bonds or notes, the chair of the board shall certify, on or
before December 1, of each year, the amount of such deficiency to the Governor of the state,
for inclusion, if the Governor shall so elect, of the amount of such deficiency in the budget to
be submitted to the next session of the Legislature for appropriation to the board to be
pledged for payment of such bonds or notes: Provided, That the Legislature is not required
to make any appropriation so requested, and the amount of such deficiencies does not
constitute a debt or liability of the state.
Neither the members of the board nor any person executing the bonds or notes are liable
personally on the bonds or notes or be subject to any personal liability or accountability by
reason of the issuance thereof.

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