West Virginia Code § 8-20-8

Covenants with bondholders
Open in Lexace · Ask the AI about this section
Any ordinance 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 municipality is hereby empowered and authorized to enter into and
execute, may contain covenants with the holders of the bonds as to:
(a) The purpose or purposes to which the proceeds of sale of bonds or the revenues derived
from said combined system may be applied and the securing, use and disposition thereof,
including, if considered desirable, the appointment of a trustee or depository for any of the
funds; u
(b) The pledging of all or any part of the revenues derived from the ownership, control or
operation of such combined system, including any part thereof heretofore or hereafter
acquired, constructed, established, extended, equipped, added to, bettered or improved or
derived from any other sources, to the payment of the principal of or interest thereon of
bonds issued hereunder and for reserve or other fulnds as may be considered necessary or
desirable; s
(c) The fixing, establishing and collecting oif rates, fees or charges for the use of the services
and facilities of the combined systemg, including the parts thereof heretofore or hereafter
acquired, constructed, established, extended, equipped, added to, bettered or improved 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 combined system, the
payment of the principal of and interest upon all bonds or other obligations payable from the
revenues of such combined system, and all reserve and other funds required by the terms of
the ordinance authorizing the issuance of bonds;
(d) The transfer from the General Funds of the municipality to the account or accounts of the
combined system of an amount equal to the cost of furnishing the municipality or any of its
depWartments, boards or agencies with the services and facilities of such combined system;
(e) Limitations or restrictions upon the issuance of additional bonds or other obligations
payable from the revenues of such combined system, and the rank or priority, as to lien and
source and security for payment from the revenues of such combined system, between bonds
payable from the 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 defaults may be declared cured
and the acceleration of the maturity of the bonds rescinded and repealed;
(g) Budgets for the annual repair, maintenance and operation of such combined system and
restrictions and limitations upon expenditures for the purposes, and the manner of adoption,
modification, repeal or amendment thereof, including the approval of the budgets by
consulting engineers designated by holders of bonds issued hereunder;
(h) The amounts of insurance to be maintained upon the combined system, or any part
thereof, and the use and disposition of the proceeds of any insurance; and
(i) The keeping of books of account, relating to such undertaking and the audit and
inspection thereof, and the furnishing to the holders of bonds issued hereunder or their
representatives, reports prepared, certified or approved by accountants designated or
approved by the holders of bonds issued hereunder.
Any ordinance or trust indenture may also contain other additional covenants as shall be
considered necessary or desirable for the security of the holders of bonds issued under the
provisions of this article, notwithstanding that other covenants are not expressly enumerated
above, it being the intention hereof to grant to municipaalities 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 alnd to the same extent as covenants or
agreements could be made by a private corposration rendering similar services and facilities
and to grant to municipalities 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. g

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.