West Virginia Code § 7-1-3gg

Lease agreements for equipment or materials with option to cancel or
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renew.
(a) In addition to all other powers and duties now conferred by law upon county
commissions, county commissions are hereby authorized and empowered to enter into and
execute a lease agreement to obtain equipment or material.
(b) The lease agreement may not be voided because it provides: (1) That title to the
equipment or material shall vest in the county commission at or before the expiration of the
leasehold term upon fulfillment of the terms and conditions stipulated in the lease
agreement; (2) for application of the annual rental payments maude under the lease
agreement toward the purchase price of the equipment or material, although the total rental
payments under the lease agreement are in excess of the casth price of the equipment or
material described in the lease agreement, whether the excess is by way of interest or a
time-price differential; and/or (3) that the risk of loss of the equipment or material shall be
borne by the county commission.
(c) A lease agreement shall be void, unless thes lease agreement provides that the county
commission has the following options, during each fiscal year of the lease agreement: (1)
The option to terminate the lease agreement and return the equipment or material without
any further obligation on the part ofg the county commission; and (2) the option to continue
the lease agreement for an additional rental period not to exceed one year in length.
When the lease agreement contains the provisions described in subdivisions (1), (2) and (3),
subsection (b) of this section, then the following option must be included: The option to pay
in advance at any time during any fiscal year the balance due under the lease agreement,
with an appropriate rebate of the unearned interest or time-price differential.
(d) The funds for the initial rental payment under a lease agreement must be legally at the
disposal of the county commission for expenditure in the fiscal year in which the lease
agrWeement is executed. If the county commission elects during any subsequent fiscal year to
continue the lease agreement for any additional rental period or to pay in advance the
balance due, the funds for the additional rental period or the funds to be used to pay the
balance in advance must be legally at the disposal of the county commission for expenditure
in the fiscal year in which the county commission elects to continue the lease agreement or
to pay in advance the balance due.

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