West Virginia Code § 7-22-16

Bonds issued to finance economic opportunity development district
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projects.
(a) General. -– The county commission that established the economic opportunity
development district may issue bonds or notes for the purpose of financing development
expenditures, as described in section five of this article, with respect to one or more projects
within the economic opportunity development district. e
(b) Limited obligations. -– All bonds and notes issued by a county commission under the
authority of this article are limited obligations of the county.
(c) Term of obligations. -– No county commission may issue notes, bonds or other
instruments for funding district projects or improvements that exceed a repayment schedule
of thirty years.
(d) Debt service. -– The principal and interest on the bonds shall be payable out of the funds
on deposit in the subaccount established for the eclonomic opportunity development district
pursuant to section eight of this article, includsing, without limitation, any funds derived from
the special district excise tax imposed by section twelve of this article or other revenues
derived from the economic opportunity deivelopment district to the extent pledged for the
purpose by the county commission ign the resolution authorizing the bonds.
(e) Surplus funds. -– To the extent that the average daily amount on deposit in the
subaccount established for a district pursuant to section eight of this article exceeds, for
more than six consecutive calendar months, the sum of: (1) One hundred thousand dollars;
plus (2) the amount required to be kept on deposit pursuant to the documents authorizing,
securing or otherwise relating to the bonds or notes issued under this section, then the
excess shall be used by the district either to redeem the bonds or notes previously issued or
remitted to the General Fund of this state.
(f) Debt not general obligation of county. -– Neither the notes or bonds and any interest
coupons issued under the authority of this article shall ever constitute an indebtedness of
the county commission issuing the notes or bonds within the meaning of any Constitutional
provision or statutory limitation and shall never constitute or give rise to a pecuniary liability
of the county commission issuing the notes or bonds.
(g) Debt not a charge general credit or taxing powers of county. -– Neither the bonds or
notes, nor interest thereon, is a charge against the general credit or taxing powers of the
county commission and that fact shall be plainly stated on the face of each bond or note.
(h) Issuance of bonds or notes. --
(1) Bonds or notes allowed under this section may be executed, issued and delivered at any
time and from time to time, may be in a form and denomination, may be of a tenor, must be
negotiable but may be registered as to the principal thereof or as to the principal and
interest thereof, may be payable in any amounts and at any time or times, may be payable at
any place or places, may bear interest at any rate or rates payable at any place or places and
evidenced in any manner and may contain any provisions therein not inconsistent herewith,
all as provided in the order or orders of the county commission whereunder the bonds or
notes are authorized to be issued.
(2) The bonds may be sold by the county commission at public or private salee at, above or
below par as the county commission authorizes.
(3) Bonds and notes issued pursuant to this article shall be signed by the president of the
county commission, or other chief officer thereof, and attested buy the county clerk and be
under the seal of the county.
(4) Any coupons attached to the bonds shall bear the facsimile signature of the president of
the commission or other chief officer thereof. In case aany of the officials whose signatures
appear on the bonds, notes or coupons cease to be officers before the delivery of the bonds
or notes, their signatures shall, nevertheless, be vallid and sufficient for all purposes to the
same extent as if they had remained in office usntil the delivery.
(i) Additional bonds or notes. -– If the procieeds of the bonds or notes, by error of calculation
or otherwise, are less than the cost gof the economic opportunity development district
project, or if additional real or personal property is to be added to the district project or if it
is determined that financing is needed for additional development or redevelopment
expenditures, additional bonds or notes may, in like manner, be issued to provide the
amount of the deficiency or to defray the cost of acquiring or financing any additional real or
personal property or development or redevelopment expenditures and, unless otherwise
provided for in the trust agreement, mortgage or deed of trust, are considered to be of the
same issue and shall be entitled to payment from the same fund, without preference or
priority, and shall be of equal priority as to any security.

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