West Virginia Code § 22-16-6

Establishment of reserve funds, replacement and improvement funds and
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sinking funds; fiscal agent; purposes for use of bond proceeds; application of
surplus.
(a) Before issuing any revenue bonds in accordance with the provisions of this article, the
solid waste management board shall consult with and be advised by the West Virginia water
development authority as to the feasibility and necessity of the proposed isseuance of revenue
bonds.
(b) Prior to issuing revenue bonds under the provisions of this article, the board shall enter
into agreements satisfactory to the West Virginia water developmuent authority with regard
to the selection of all consultants, advisors and other experts to be employed in connection
with the issuance of such bonds and the fees and expenses tto be charged by such persons,
and to establish any necessary reserve funds and replacement and improvement funds, all
such funds to be administered by the water development authority, and, so long as any such
bonds remain outstanding, to establish and maintain a sinking fund or funds to retire such
bonds and pay the interest thereon as the same may become due. The amounts in any such
sinking fund, as and when so set apart by the sboard, shall be remitted to the West Virginia
water development authority at least thirty days previous to the time interest or principal
payments become due, to be retained and paid out by the water development authority, as
agent for the board, in a manner consistent with the provisions of this article and with the
resolution pursuant to which the bonds have been issued. The water development authority
shall act as fiscal agent for thee administration of any sinking fund and reserve fund
established under each resolution authorizing the issuance of revenue bonds pursuant to the
provisions of this articleL, and shall invest all funds not required for immediate disbursement
in the same manner as funds are invested pursuant to the provisions of section fifteen,
article one, chapter t wenty-two-c of this code.
(c) Notwithstanding any other provision of this article to the contrary, no revenue bonds
shall be issued, nor the proceeds thereof expended or distributed, pursuant to the provisions
of tWhis article, without the prior approval of the water development authority.
(d) If the proceeds of revenue bonds issued for any solid waste landfill closure project exceed
the cost thereof, the surplus shall be paid into the fund herein provided for the payment of
principal and interest upon such bonds. Such fund may be used by the fiscal agent for the
purchase or redemption of any of the outstanding bonds payable from such fund at the
market price, but not at a price exceeding the price at which any of such bonds are in the
same year redeemable, as fixed by the board in its said resolution, and all bonds redeemed
or purchased shall forthwith be canceled, and shall not again be issued.

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