West Virginia Code § 31-19-7

Authority empowered to issue community infrastructure revenue bonds,
Open in Lexace · Ask the AI about this section
renewal notes and refunding bonds; requirements and manner of such issuance.
The authority is hereby empowered to issue from time to time community infrastructure
revenue bonds and notes of the state in such principal amounts as the authority deems
necessary to make loans to or bond purchases from counties and municipalities for one or
more community infrastructure projects. e
The authority may, from time to time, issue renewal notes, issue bonds to pay such notes and
whenever it deems refunding expedient, refund any bonds by the issuance of community
infrastructure revenue refunding bonds by the state pursuant tou the provisions of section
sixteen of this article. Except as may otherwise be expressly provided in this article or by the
authority, every issue of its bond or notes shall be obligationts of the authority payable out of
the revenues and reserves created for such purposes by the authority which are expressly
pledged for such payment, without preference or priority of the first bonds issued, subject
only to any agreements with the holders of particular bonds or notes pledging any particular
revenues. Such pledge shall be valid and binding from the time the pledge is made and the
revenues so pledged and thereafter received bsy the authority shall immediately be subject to
the lien of such pledge without any physical delivery thereof or further act and the lien of
any such pledge shall be valid and binding as against all parties having claims of any kind in
tort, contract or otherwise against tghe authority irrespective of whether such parties have
notice thereof.
All such bonds and notes shall have and are hereby declared to have all the qualities of
negotiable instruments.L
The bonds and notes shall be authorized by resolution of the authority, shall bear such date
and shall mature at such time, in case of any such note or any renewal thereof not exceeding
five years from the date of issue of such original note, and in the case of any such bond not
exceeding fifty years from the date of issue, as such resolution may provide. The bonds and
notWes shall bear interest at such rate or rates, including variable rates, be in such
denominations, be in such form, either coupon or registered, carry such registration
privileges, be payable in such medium of payment, in such place 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 the chairman of the
authority who may use a facsimile signature. The official seal of the authority or a facsimile
shall be affixed thereto or printed thereon and attested, manually or by facsimile signature
by the secretary-treasurer of the authority, and any coupons attached thereto shall bear the
signature or facsimile signature of the chairman of the authority. In case any officer 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 facsimile is
nevertheless sufficient for all purposes the same as if he had remained in office until such
delivery and in case the seal of the authority have been changed after a facsimile has been
imprinted on such bonds or notes, such facsimile will continue to be sufficient for all
purposes.
Any resolution authorizing any bonds or notes or any issue thereof may contain provisions
(subject to such agreements with bondholders or noteholders as may then exist, which
provisions shall be a part of the contract with the holders thereof) as to pledging all or any
part of the revenues of the authority to secure the payment of the bonds or notes or of any
issue thereof; the use and disposition of revenues of the authority; the settineg aside of
reserve funds, sinking funds or replacement and improvement funds and the regulation and
disposition thereof; the crediting of the proceeds of the sale of bonds orr notes to and among
the funds referred to and provided for in the resolution authorizing the issuance of the bonds
or notes; the use, lease, sale or other disposition of any assets of the authority; limitations on
the purpose to which the proceeds of sale of bonds or notes may be applied; notes issued in
anticipation of the issuance of bonds; the agreement of authtority to do all things necessary
for the authorization, issuance and sale of such bonds in such amounts as may be necessary
for the timely retirement of such notes; limitation on the issuance of additional bonds or
notes; the terms upon which additional bonds or notes may be issued and secured; the
refunding of outstanding bonds or notes; the procedure, if any, by which the terms of any
contract with bondholders or noteholders may be amended or abrogated; the amount of
bonds or notes the holders of which must consent thereof and the manner in which such
consent may be given; limitations on the amount of moneys to be expended by the authority
for operating, administrative or other expenses of the authority securing any bonds or notes
by a trust agreement; and any other matter, of like or different character, which in any way
affect the security or protectioen of the bonds or notes.
In the event that the sumL of all reserves pledged to the payment of such bonds or notes shall
be less than the minimum reserve requirements established in any resolution or resolutions
authorizing the issua nce of such bonds or notes, the chairman of the authority shall certify,
on or before December 1, of each year, the amount of such deficiency to the Governor of the
state for inclusion, if the Governor shall so elect, of the amount of such deficiency in the
budget to be submitted to the next session of the Legislature for appropriation to the
authority to be pledged for payment of such bonds or notes: Provided, That the Legislature
shall not be required to make any appropriations so requested, and the amount of such
deficiencies shall not constitute a debt or liability of the state.
Neither the members of the authority nor any person executing the bonds or notes shall be
liable personally on the bonds or notes or be subject to any personal liability or
accountability by reason of the issuance thereof.

‹ 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.