West Virginia Code § 31-15-16c

Bonds for county capital improvements; limitations; authority to issue revenue
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bonds; use of funds to pay for projects.
(a) The West Virginia Economic Development Authority may, in accordance with the
provisions of this article and article twenty seven, chapter seven of this code, issue special
revenue bonds from time to time, to pay for a portion of the cost of constructing, equipping,
improving or maintaining road projects under article twenty seven, chapter eseven of this
code or to refund the bonds, at the request of the county. The principal amount of the bonds
issued under this section may not exceed, in the aggregate, an amount rthat, in the opinion of
the Authority, is necessary to provide sufficient funds for achievement of the purposes of this
section and article twenty seven, chapter seven of this code, and is within the limits of
moneys pledged for the repayment of the principal, interest and redemption premium, if any,
on any revenue bonds or refunding bonds authorized by thist section and article twenty
seven, chapter seven of the code. Any revenue bonds issued on or after the effective date of
this section which are secured by county transportation sales and use tax shall mature at a
time or times not exceeding thirty years from their respective dates except as otherwise
provided in article twenty-seven, chapter seven of the code. The principal, interest and
redemption premium, if any, on the bonds shall be payable solely from the county's
subaccount in the County Road Improvement Account in the State Treasury established in
article twenty-seven, chapter seven of this code.
(b) All amounts deposited in the fund shall be pledged to the repayment of the principal,
interest and redemption premeium, 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 revenuLes paid into the county's subaccount in the County Road
Improvement Account as may be necessary for the protection of the prior rights of the
holders of bonds issu ed at different times under the provisions of this section or article
twenty seven, chapter seven of this code. The bonds issued pursuant to this section shall be
separate from all other bonds which may be or have been issued from time to time under the
provisions of this article or article twenty seven, chapter seven of this code. The debt service
fund established for each bond issue shall be pledged solely for the repayment of bonds
issued pursuant to this section and article twenty seven, chapter seven of this code. On or
prior to May 1 of each year, commencing May 1, 2017, the Authority shall certify to each
county commission 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 debt service fund have been pledged, or
will be pledged, for repayment pursuant to this section.
(c) 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 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. Any funds not used as provided in this subsection shall be returned
to the county commission of the county for which the bonds were issued.

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