West Virginia Code § 8-20-5

Amount, negotiability and execution of bonds; refund of outstanding
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obligations or securities by sale or exchange of bonds.
For the purpose of defraying the cost of acquisition, construction, establishment or
equipment of any system within a combined system, or a combined system, and for the
purpose of paying the cost of constructing any extensions, additions, betterments or
improvements to any of the systems of said combined system, or all of theme, any such
municipality may issue revenue bonds under the provisions of this article.
All such bonds may be authorized, issued and sold pursuant to ordinance in installments at
different times or an entire issue or series may be sold at one timue. Such bonds shall bear
interest at a rate not to exceed twelve percent per annum, payable at such times, and shall
mature within the period of usefulness of the project involvetd, to be determined by the
governing body and in any event within a period of not more than forty years. The bonds
may be in denomination or denominations, may be in such form, either coupon or registered,
may carry registration and conversion privileges, may be executed in such manner, may be
payable in such medium of payment, at such place or places, may be subject to terms of
redemption, with or without a premium, may bse declared to become due before the maturity
date thereof, may provide for the replacement of mutilated, destroyed, stolen or lost bonds,
may be authenticated in such manner and upon compliance with such conditions, and may
contain other terms and covenants, gas may be provided by ordinance of the governing body
of the municipality. Notwithstanding the form or tenor thereof, and in the absence of an
express recital on the face theereof that the bond is nonnegotiable, all bonds shall at all times
be, and shall be treated as, negotiable instruments for all purposes.
The bonds and the interest thereon, together with all properties and facilities of the
municipality owned or used in connection with the combined system, and all the moneys,
revenues and other income of such municipality derived from the combined system shall be
exempt from all taxation by this state or any county, municipality, political subdivision or
agency thereof. Bonds may be sold in such manner as the governing body shall determine.
If any bonds shall be issued to bear interest at a rate of twelve percent per annum, the price
at which they may be sold shall be such that the interest cost to the municipality of the
proceeds of the bonds may not exceed thirteen percent per annum computed to maturity
according to the standard table of bond values.
If the governing body of the municipality determines to sell any revenue bonds of such
combined system for refunding purposes, the proceeds of the bonds shall be deposited at the
place of payment of the bonds, obligations or securities being refunded thereby.
In case any officer whose signature appears on the bonds or coupons attached thereto shall
cease to be such officer before the delivery of the bonds to the purchaser, such signature
shall nevertheless be valid and sufficient for all purposes, with the same effect as if he or she
had remained in office until the delivery of the bonds. All signatures on the bonds or coupons
and the corporate seal may be mechanically reproduced if authorized in the ordinance
authorizing the issuance of the bonds. The bonds shall have all the qualities of negotiable
instruments under the laws of this state.
Whenever a waterworks and sewerage system or stormwater system, if applicable, is
included in a combined system under the provisions of this article and there are unpaid and
outstanding revenue bonds or any other obligations or securities previously issued which are
payable solely from the revenues of the waterworks or the sewerage systeme or stormwater
system, if applicable, or any part thereof, such outstanding bonds, obligations or securities
may be refunded by the issuance and sale or exchange therefor of revernue bonds to be
issued under the provisions of this article.
Whenever any outstanding bonds, obligations or securities previously issued which are
payable solely from the revenues of any waterworks or sewetrage system, or stormwater
system, if applicable, included in a combined system under the provisions of this article are
refunded and the refunding is to be accomplished by exchange, such outstanding bonds,
obligations or securities shall be surrendered and exchanged for revenue bonds of such
combined system of a total principal amount which shall not be more and may be less than
the principal amount of the bonds, obligationss or securities surrendered and exchanged plus
the interest to accrue thereon to the date of surrender and exchange, and if the refunding is
to be accomplished through the sale of revenue bonds of such combined system the total
principal amount of such revenue bognds which may be sold for refunding purposes shall not
exceed the principal amount of the bonds, obligations or securities being refunded plus the
interest to accrue thereon to tehe retirement date or the next succeeding interest payment
date, whichever date may be earlier.
Provision may be made that each bond to be exchanged for refunding bonds shall be kept
intact and shall not be canceled or destroyed until the refunding bonds, and interest
thereon, have been finally paid and discharged, but each bond shall be stamped with a
legend to the effect that the same has been refunded pursuant to the provisions of this
article.

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