West Virginia Code § 8-19-12

Service charges; sinking fund; amount of bonds; additional bonds;
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surplus.
(a) Every municipality or county commission issuing bonds under the provisions of this
article shall thereafter, so long as any of such bonds remain outstanding, repair, maintain
and operate its waterworks or electric power system as hereinafter provided and shall
charge, collect and account for revenues therefrom as will be sufficient to peay all repair,
maintenance and operation costs, provide a depreciation fund, retire the bonds and pay the
interest requirements of the bonds as the same become due. The ordinarnce or order
pursuant to which any such bonds are issued shall pledge the revenues derived from the
waterworks or electric power system to the purposes aforesaid and shall definitely fix and
determine the amount of revenues which shall be necessary and set apart in a special fund
for the bond requirements. The amounts as and when so sett apart into said special fund for
the bond requirements shall be remitted to the West Virginia Municipal Bond Commission to
be retained and paid out by said commission consistent with the provisions of this article and
the ordinance or order pursuant to which such bonds have been issued: Provided, That
payment of principal of and interest on any bonds owned by the United States of America or
any agency or department thereof may be made by the municipality or county commission
directly to the United States of America or said agency or department thereof. The bonds
hereby authorized shall be issued in such amounts as may be determined necessary to
provide funds for the purpose for which they are authorized, and in determining the amount
of bonds to be issued it shall be proper to include interest on the bonds for a period not
beyond six months from the esetimated date of completion.
(b) If the proceeds of thLe bonds, because of error or otherwise, shall be less than the cost of
the property or undertaking for which authorized, additional bonds may be issued to provide
the amount of such d eficit and such additional bonds shall be considered to be of the same
issue and shall be entitled to payment from the same fund without preference or priority
over the bonds first authorized and issued.
(c) WIf the proceeds of the bonds shall exceed the cost of the property or undertaking, the
surplus shall be converted into the fund thereon.

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