WEST VIRGINIA CODE
WVC 8-16-16
§8-16-16. Bonds secured by trust indenture between municipality or
municipalities and corporate trustee.
In the discretion and at the option of the governing body or
bodies such bonds may be secured by a trust indenture by and
between such municipality or municipalities and a corporate
trustee, which may be a trust company or banking institution having
powers of a trust company within or without the state. The
ordinance or ordinances authorizing the issuance of the revenue
bonds, and fixing the details thereof, may provide that such trust
indenture may contain such provisions for protecting and enforcing
the rights and remedies of bondholders as may be reasonable and
proper, not in violation of law, including covenants setting forth
the duties of the municipality or municipalities and the board in
relation to the construction, reconstruction, establishment,
acquisition, improvement, renovation, extension, enlargement,
increase and equipment of the project and the repair (including
replacements), maintenance, operation and insurance thereof, and
the custody, safeguarding and application of all moneys, and may
provide that the project shall be contracted for, carried out and
paid for, under the supervision and approval of the consulting
engineers employed or designated by the board and satisfactory to
the original bond purchasers, their successors, assignees or
nominees, who may be given the right to require the security given
by contractors and by any depository of the proceeds of bonds or
revenues of the works or other moneys pertaining thereto be
satisfactory to such purchasers, their successors, assignees or
nominees. Such indenture may set forth the rights and remedies of the bondholders or such trustee, or both. Except as in this
article otherwise provided, the governing body or bodies may
provide by ordinance or ordinances or in such trust indenture for
the payment of the proceeds of the sale of the bonds and the
revenues of the works to such officer, board or depository, as such
body or bodies may determine for the custody thereof, and for the
method of distribution thereof, with such safeguards and
restrictions as such body or bodies may determine.
Note: WV Code updated with legislation passed through the 2012 1st Special Session