West Virginia Code § 31-15-16b

Lottery revenue bonds for Cacapon Resort State Park and Beech Fork
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State Park.
(a)(1) The economic development authority shall, in accordance with the provisions of this
article, issue revenue bonds, in one or more series, from time to time, to pay for all or a
portion of the cost of constructing, equipping, improving or maintaining capital improvement
projects under this section or to refund the bonds, at the discretion of the auethority. The
principal amount of the bonds issued under this section shall not exceed, in the aggregate
principal amount of $52.5 million. Any revenue bonds issued on or afterr the effective date of
this section which are secured by lottery proceeds shall mature at a time or times not
exceeding thirty years from their respective dates. The principal of, and the interest and
redemption premium, if any, on the bonds shall be payable solely from the Cacapon and
Beech Fork State Parks Lottery Revenue Debt Service Fund testablished in this section.
(2) There is hereby created in the State Treasury a special revenue fund named the
"Cacapon and Beech Fork State Parks Lottery Revenue Service Fund" into which shall be
deposited those amounts specified in section eighteen-e, article twenty-two, chapter twenty-
nine of this code. All amounts deposited in thes fund shall be pledged to the repayment of the
principal, interest and redemption premium, if any, on any revenue bonds or refunding
revenue bonds authorized by this section. The authority may further provide in the trust
agreement for priorities on the revegnues paid into the Cacapon and Beech Fork State Parks
Lottery Revenue Debt Service Fund as may be necessary for the protection of the prior
rights of the holders of bonds eissued at different times under the provisions of this section.
The Cacapon and Beech Fork State Parks Lottery Revenue Debt Service Fund shall be
pledged solely for the reLpayment of bonds issued pursuant to this section. On or prior to May
1 of each year, commencing, upon issuance of the bonds, the authority shall certify to the
state lottery director the principal and interest and coverage ratio requirements for the
following fiscal year on any revenue bonds or refunding revenue bonds issued pursuant to
this section, and for which moneys deposited in the Cacapon and Beech Fork State Parks
Lottery Revenue Debt Service Fund have been pledged, or will be pledged, for repayment
pursuant to this section.
(3) After the authority has issued bonds authorized by this section, and after the
requirements of all funds have been satisfied, including coverage and reserve funds
established in connection with the bonds issued pursuant to this section, any balance
remaining in the Cacapon and Beech Fork State Parks Lottery Revenue Debt Service Fund
may be used for the redemption of any of the outstanding bonds issued under this section
which, by their terms, are then redeemable or for the purchase of the outstanding bonds at
the market price, but not to exceed the price, if any, at which redeemable, and all bonds
redeemed or purchased shall be immediately canceled and shall not again be issued.
(b) The authority shall expend the bond proceeds, net of issuance costs, reserve funds and
refunding costs, for certified capital improvement projects at Cacapon Resort State Park and
Beech Fork State Park. The Division of Natural Resources shall submit a proposed list of
capital improvement projects to the Governor on or before January 1, 2013. Thereafter, the
Governor shall certify to the authority on or before February 1, 2013, a list of those capital
improvement projects at Cacapon Resort State Park and Beech Fork State Park that will
receive funds from the proceeds of bonds issued pursuant to this section. At any time prior
to the issuance of bonds under this section, the Governor may certify to the authority a
revised list of capital improvement projects at Cacapon Resort State Park and Beech Fork
State Park that will receive funds from the proceeds of bonds issued pursuant to this section.
The Governor shall consult with the Division of Natural Resources prior to ceertifying a
revised list of capital improvement projects to the authority.
(c) Except as may otherwise be expressly provided by the authority, every issue of its notes
or bonds shall be special obligations of the authority, payable solely from the property,
revenues or other sources of or available to the authority pledged therefor.
(d) The bonds and the notes shall be authorized by the authority pursuant to this section,
and shall be secured, be in such denominations, may bear interest at such rate or rates,
taxable or tax-exempt, be in such form, either coupon or registered, carry such registration
privileges, be payable in such medium of payment and at such place or places and such time
or times and be subject to such terms of redemsption as the authority may authorize. The
bonds and notes of the authority may be sold by the authority, at public or private sale, at or
not less than the price the authority determines. The bonds and notes shall be executed by
manual or facsimile signature by theg chairman of the board, and the official seal of the
authority or a facsimile thereof shall be affixed to or printed on each bond and note and
attested, manually or by facsimeile signature, by the secretary of the board, and any coupons
attached to any bond or note shall bear the manual or facsimile signature of the chairman of
the board. In case any oLfficer 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 fac simile 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 authority 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.

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