West Virginia Code § 8-27-16

Sinking fund; West Virginia Municipal Bond Commission; purchase of
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outstanding bonds.
Before the issuance of any bonds under the provisions of this article, the authority shall, by
resolution, 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 system, eand, in this
connection, shall set aside and pledge a sufficient amount of the net revenues of the system
for such purpose, such net revenues being hereby defined to mean the rrevenues of the
system remaining after the payment of the reasonable expense of administration,
maintenance, repair and operation, such amount to be paid by such authority into the
sinking fund at intervals, to be determined by resolution adopted prior to the issuance of the
bonds, for: (a) The interest upon such bonds as such interestt shall fall due; (b) the necessary
fiscal agency charges for paying bonds and interest; (c) the payment of the bonds as they fall
due, or, if all the 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 provided in this article. Such
required payments shall constitute a first charge upon all the net revenues of such authority.
Prior to the issuance of any bonds, the authority may, by resolution, be given the right to use
or direct the West Virginia Municipal 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, but not exceeding the price, if any, at which the same shall in the
same year be payable or redeeemable, and all bonds redeemed or purchased shall forthwith
be cancelled, and shall not again be issued. In addition to the payments into the sinking fund
provided for above, the Lauthority may at any time in its discretion transfer all or any part of
the balance of the net revenues, after reserving an amount deemed by such authority
sufficient for mainten ance, repair and operation for an ensuing period of not less than twelve
months and foVr depreciation, into the sinking fund.
The amounts of the balance of the net revenues as and when so set apart shall be remitted to
the West Virginia Municipal Bond Commission at such periods as shall be designated in the
resolution, 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 resolution 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 resolution 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
authority directly thereto.

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