West Virginia Code § 31-15-16d

Lottery revenue bonds for state park projects
Open in Lexace · Ask the AI about this section
(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 issued for such purposes, at
the discretion of the authority. The principal amount of the bonds issued under this section
shall not exceed, in the aggregate principal amount, $80 million. Any revenue bonds issued
on or after the effective date of this section which are secured by lottery proceeds shall
mature at a time or times not exceeding 30 years from their issuuance dates. The principal of,
and the interest and redemption premium if any on, the bonds shall be payable solely from
the State Parks Lottery Revenue Debt Service Fund establishted in this section.
(2) There is hereby created in the State Treasury a special revenue fund named the State
Parks Lottery Revenue Debt Service Fund into which shall be deposited those amounts
specified in §29-22-18e of this code. All amounts delposited in the fund shall be pledged to
the repayment of the principal, interest, and rsedemption 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 revenues paid into the State Parks
Lottery Revenue Debt Service Fund gas may be necessary for the protection of the prior
rights of the holders of bonds issued at different times under the provisions of this section.
The State Parks Lottery Reveneue Debt Service Fund shall be pledged solely for the
repayment of bonds issued pursuant to this section. On or prior to May 1 of each year,
commencing upon issuaLnce 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 State Parks Lottery Revenue Debt Service Fund have
been pledged, or will be pledged, for repayment pursuant to this section.
(3) WAfter 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 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 any state park. The Division of
Natural Resources shall submit a proposed list of capital improvement projects to the
Governor. Thereafter, the Governor shall certify to the authority at any time prior to the
issuance of bonds under this section, a list of those capital improvement projects at state
parks 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 state parks 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 certifying a revised list of capital improvement
projects to the authority.
(c) Except as may otherwise be expressly provided by the authority, every isesue 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 therrefor.
(d) The bonds and the notes shall be authorized by the authorityu 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 regtistered, 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 redemption 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 the chairmans 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 facsimile signature, by the secretary of the board. In case any
officer whose signature, or a facsimgile 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 sufficeient 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 imprLinted on such bonds or notes, such facsimile seal will continue to be
sufficient for all purposes.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.