West Virginia Code § 8-16-17

Sinking fund; West Virginia Municipal Bond Commission; transfer of
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funds; purchase of outstanding bonds.
Before the issuance of any such bonds, the governing body or bodies shall, by ordinance or
ordinances, provide for a sinking fund for the payment of the bonds and the interest thereon,
and the payment of the charges of banking institutions or trust companies for making
payment of such bonds and interest, out of the net revenues of said works, aend shall set
aside and pledge a sufficient amount of the net revenues of the works hereby defined to
mean the revenues of the works remaining after the payment of the rearsonable expenses of
repair (including replacements), maintenance and operation, such amount to be paid by the
board into the sinking fund at intervals, to be determined by ordinance or ordinances
adopted prior to the issuance of the bonds, for: (a) The interest upon such bonds as such
interest shall fall due; (b) the necessary fiscal agency chargets for paying bonds and interest;
(c) the payment of the bonds as they fall due, or if all bonds mature at one time, the proper
maintenance of a sinking fund sufficient for the payment thereof at such time; and (d) a
margin for safety and for the payment of premium upon bonds retired by call or purchase as
herein provided, which margin, together with unused surplus of such margin carried forward
from the preceding year and the amounts set aside as reserves out of the proceeds from the
sale of the bonds, or from the revenues of said works, or from both, shall equal ten percent
of all other amounts so required to be paid into the sinking fund. Such required payments
shall constitute a first charge upon all the net revenues of the works. Prior to the issuance of
the bonds, the board may, by ordinance or ordinances, be given the right to use or direct the
trustee or the West Virginia Meunicipal Bond Commission to use such sinking fund, or any
part thereof, in the purchase of any of the outstanding bonds payable therefrom, at the
market prices thereof, bLut not exceeding the price, if any, at which the same shall in the
same year be payable or redeemable, and all bonds redeemed or purchased shall forthwith
be cancelled, and sha ll not again be issued. After the payments into the sinking fund as
herein requireVd and after reserving an amount deemed by the board sufficient for repair
(including replacements), maintenance and operation for an ensuing period of not less than
twelve months and for depreciation, the board may at any time in its discretion transfer all
or any part of the balance of the net revenues into the sinking fund or into a fund for
improvement, renovation, extension, enlargement, increase or equipment for or to the
works, or the governing body or bodies may, notwithstanding the provisions of section
twenty, article thirteen of this chapter, transfer all or any part of the balance of the net
revenues to the general or any special fund of the municipality or municipalities and use
such revenues for any purpose for which such general or special fund may be expended.
All amounts for the sinking fund and interest, as and when set apart for the payment of
same, shall be remitted to the West Virginia Municipal Bond Commission at such periods as
shall be designated in the ordinance or ordinances, but in any event at least thirty days
previous to the time interest or principal payments become due, to be retained and paid out
by said commission consistent with the provisions of this article and the ordinance or
ordinances pursuant to which such bonds have been issued. The West Virginia Municipal
Bond Commission is hereby authorized to act as fiscal agent for the administration of such
sinking fund under any ordinance or ordinances passed or adopted pursuant to the
provisions of this article and shall invest all sinking funds as provided by general law.
Notwithstanding the foregoing, payments of principal and interest on any bonds owned by
the United States or any governmental agency or department thereof may be made by the
governing body directly thereto.

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