West Virginia Code § 22-36-5

Remedies to enforce payment
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(a) In order to ensure the timely payment of all sums due and owing to the fund under a
revolving fund loan agreement made between the state and a local entity, and
notwithstanding any provisions of this code to the contrary, the authority has and may, at its
option, exercise the following rights and remedies in the event of any default by a local
entity under a loan agreement: e
(1) The authority may directly impose, in its own name and for its own benefit, service
charges upon all users of a project funded by a loan distributed to a local entity pursuant to
this article, and may proceed directly to enforce and collect the suervice charges, together
with all necessary costs of the enforcement and collection.
(2) The authority may exercise, in its own name or in the name of, and as the agent for, a
particular local entity, all of the rights, powers, and remedies of the local entity with respect
to the project or which may be conferred upon the local entity by statute, rule, regulation, or
judicial decision, including all rights and remedies lwith respect to users of the project
funded by the loan distributed to that local enstity pursuant to this article.
(3) The authority may, by civil action, manidamus, or other judicial or administrative
proceeding, compel performance byg a local entity of all the terms and conditions of the loan
agreement between the state and that local entity including:
(A) The adjustment of service charges as required to repay the loan or otherwise satisfy the
terms of the loan agreement;
(B) The enforcement and collection of service charges; and
(C) The enforcVement by the local entity of all rights and remedies conferred by statute, rule,
regulation, or judicial decision.
(b) The rights and remedies enumerated in this article are in addition to rights and remedies
conferred upon the authority by law or pursuant to the loan agreement.

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