West Virginia Code § 8-19-9

Covenants with bondholders
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Any ordinance or order authorizing the issuance of bonds hereunder, or any trust indenture
with any banking institution or trust company within or without the state for the security of
said bonds, which any such municipality or county commission is hereby empowered and
authorized to enter into and execute, may contain covenants with the holders of such bonds
as to: e
(a) The purpose or purposes to which the proceeds of sale of such bonds or the revenues
derived from said waterworks or electric power system may be applied and the securing, use
and disposition thereof, including, if deemed desirable, the appouintment of a trustee or
depository for any of such funds;
(b) The pledging of all or any part of the revenues derived from the ownership, control or
operation of such waterworks or electric power system, including any part thereof
heretofore or hereafter acquired, constructed, established, extended or equipped or derived
from any other sources, to the payment of the princlipal of or interest thereon of bonds
issued hereunder and for such reserve or othesr funds as may be considered necessary or
desirable;
(c) The fixing, establishing and collegcting of such rates or charges for the use of the services
and facilities of the waterworks or electric power system, including the parts thereof
heretofore or hereafter acquired, constructed, established, extended or equipped and the
revision of same from time to time, as will always provide revenues at least sufficient to
provide for all expenses of repair, maintenance and operation of such waterworks or electric
power system, the payment of the principal of and interest upon all bonds or other
obligations payable from the revenues of such waterworks or electric power system, and all
reserve and other funds required by the terms of the ordinance or order authorizing the
issuance of such bonds;
(d) WThe transfer from the General Funds of the municipality or county commission to the
account or accounts of the waterworks or electric power system of an amount equal to the
cost of furnishing the municipality or county commission or any of its departments, boards or
agencies or the county commission with the services and facilities of such waterworks or
electric power system;
(e) Subject to the provisions of subsection (b), section twelve of this article, limitations or
restrictions upon the issuance of additional bonds or other obligations payable from the
revenues of such waterworks or electric power system, and the rank or priority, as to lien
and source and security for payment from the revenues of such waterworks or electric
power system, between bonds payable from such revenues;
(f) The manner and terms upon which all bonds and other obligations issued hereunder may
be declared immediately due and payable upon the happening of a default in the payment of
the principal of or interest thereon, or in the performance of any covenant or agreement
with bondholders, and the manner and terms upon which such defaults may be declared
cured and the acceleration of the maturity of such bonds rescinded and repealed;
(g) Budgets for the annual repair, maintenance and operation of such waterworks or electric
power system and restrictions and limitations upon expenditures for such purposes, and the
manner of adoption, modification, repeal or amendment thereof, including the approval of
such budgets by consulting engineers designated by holders of bonds issuede hereunder;
(h) The amounts of insurance to be maintained upon such waterworks or electric power
system, or any part thereof, and the use and disposition of the proceeds of any insurance;
and u
(i) The keeping of books of account, relating to such undertakings and the audit and
inspection thereof, and the furnishing to the holders of bonds issued hereunder or their
representatives, reports prepared, certified or approvead by accountants designated or
approved by the holders of bonds issued hereunder.
Any such ordinance, order or trust indenture msay also contain such other additional
covenants as shall be considered necessary or desirable for the security of the holders of
bonds issued hereunder, notwithstanding tihat such other covenants are not expressly
enumerated above, it being the intengtion hereof to grant to municipalities or county
commissions plenary power and authority to make any and all covenants or agreements
necessary in order to secure greater marketability for bonds issued hereunder as fully and to
the same extent as such covenants or agreements could be made by a private corporation
rendering similar services and facilities and to grant to municipalities and counties full and
complete power and authority to enter into any contracts, covenants or agreements with
holders of bonds issued hereunder not inconsistent with the Constitution of this state.

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