West Virginia Code § 31-18-20a

Land development fund
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(a) The board of directors of the Housing Development Fund may create and establish a
special revolving fund of moneys made available by appropriation, grant, contribution or
loan, to be known as the land development fund and to be governed, administered and
accounted for by the directors, officers and managerial staff of the Housing Development
Fund as a special purpose account separate and distinct from any other moneeys, fund or
funds owned and managed by the Housing Development Fund.
(b) The purpose of the land development fund is to provide a source from which the Housing
Development Fund may finance development costs and land devuelopment in this state by
making loans or grants therefrom, such loans to be with or without interest and with such
security for repayment as the Housing Development Fund detems reasonably necessary and
practicable, or by expending moneys therefrom, for development costs and land
development in this state.
(c) The Housing Development Fund may invest andl reinvest all moneys in the land
development fund in any investments authorizsed under section six of this article, pending
the disbursement thereof in connection with the financing of development costs and land
development in this state.
(d) No loans shall be made by the Housing Development Fund from the land development
fund except in accordance with a written loan agreement which shall include, but not be
limited to, the following terms and conditions:
(1) The proceeds of all such loans shall be used only for development costs and land
development;
(2) All such loVans shall be repaid in full, with or without interest, as provided in the
agreement;
(3) All repayments shall be made concurrent with receipt by the borrower of the proceeds of
a construction loan or mortgage, as the case may be, or at such other times as the Housing
Development Fund deems reasonably necessary or practicable; and
(4) Specification of such security for repayments upon such terms and conditions as the
Housing Development Fund deems reasonably necessary or practicable.
(e) No grants shall be made by the Housing Development Fund from the land development
fund except in accordance with a written grant agreement which shall require that the
proceeds of all such grants shall be used only for development costs or land development
and containing such other terms and provisions as the Housing Development Fund may
require to ensure that the public purposes of this article are furthered by such grant.
(f) The Housing Development Fund may expend any income from the financing of
development costs and land development with moneys in the land development fund, and
from investment of such moneys, in payment, or reimbursement, of all expenses of the
Housing Development Fund which, as determined in accordance with procedures approved
by the board of directors of the Housing Development Fund, are fairly allocable to such
financing or its land-development activities: Provided, That no funds from the land
development fund shall be used to carry on propaganda, or otherwise attempt to influence
legislation.
(g) The Housing Development Fund shall create and establish a special account within the
land development fund to be designated as the "special project accountr" into which the
Housing Development Fund shall, effective July 1, 1992, deposit the sum of $10,000,000.
Such funds shall be governed, administered and accounted for by the Housing Development
Fund as a special purpose account separate and distinct from any other moneys, fund or
funds owned or managed by the Housing Development Fundt. The sole and exclusive purpose
of such account is to provide a source of funds for the financing of infrastructure projects
including distribution from time to time to the West Virginia water pollution control
revolving fund created pursuant to section three, article two, chapter twenty-two-c of this
code: Provided, That such distribution shall not exceed $5,450,000; and distribution from
time to time to fund soil conservation projects: Provided, however, That such distribution
shall not exceed $4,550,000. Until so disbursed, the moneys initially deposited or thereafter
from time to time deposited in such special project account, may be invested and reinvested
by the Housing Development Fund as permitted under subdivision (8), section six of this
article. Any funds remaining in the special project account on July 1, 1995, shall
automatically revert to the Geeneral Fund of the Housing Development Fund free of any
limitations provided in this section. The provisions of subsections (c), (d), (e) and (f) of this
section do not apply to tLhe special project account created in this section.

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