WEST VIRGINIA CODE
WVC 16 - 13 - 10
§16-13-10. Interest on and redemption of bonds; form; statement
on face of bond; negotiability; exemption from
taxation; registration; execution; sale;
disposition of surplus proceeds; additional and
temporary bonds.
Such revenue bonds shall bear interest at not more than
twelve percent per annum, payable at such times, and shall mature
at such time or times as may be determined by ordinance. Such
bonds may be made redeemable before maturity at the option of the
municipality, to be exercised by said board, at not more than the
par value thereof and a premium of five percent, under such terms
and conditions as may be fixed by the ordinance authorizing the
issuance of the bonds. The principal and interest of the bonds
may be made payable in any lawful medium. Said ordinance shall
determine the form of the bonds, either coupon or registered,
shall set forth any registration and conversion privileges, and
shall fix the denomination or denominations of such bonds and the
place or places of payment of the principal and interest thereof,
which may be at any bank or trust company within or without the
state. The bonds shall contain a statement on their face that
the municipality shall not be obligated to pay the same or the
interest thereon except from the special fund provided from the
net revenues of the works. All such bonds shall be, and shall
have and are hereby declared to have all the qualities and
incidents of, negotiable instruments under the Uniform Commercial
Code of the state. Said bonds shall be exempt from all taxation,
state, county and municipal. Such bonds shall be executed by the proper legally constituted authorities of the municipality, and
be sealed with the corporate seal of the municipality, and in
case any of the officers whose signatures appear on the bonds or
coupons shall cease to be such officers, before delivery of such
bonds, such signatures shall nevertheless be valid and sufficient
for all purposes the same as if they had remained in office until
such delivery. Such bonds shall be sold at a price not lower
than a price, which when computed upon standard tables of bond
values, will show a net return of not more than thirteen percent
per annum to the purchaser upon the amount paid therefor, and the
proceeds derived therefrom shall be used exclusively for the
purposes for which said bonds are issued and same may be sold at
one time or in parcels as funds are needed. Any surplus of bond
proceeds over and above the cost of the works shall be paid into
the sinking fund hereinafter provided. If the proceeds of the
bonds, by error of calculation or otherwise, shall be less than
the cost of the works, additional bonds may in like manner be
issued to provide the amount of such deficit and, unless
otherwise provided in said ordinance authorizing the issuance of
the bonds first issued or in the trust indenture hereinafter
authorized, shall be deemed to be of the same issue and shall be
entitled to payment without preference or priority of the bonds
first issued. Prior to the preparation of the definitive bonds,
temporary bonds may under like restrictions be issued with or
without coupons, exchangeable for definitive bonds upon the
issuance of the latter.
Note: WV Code updated with legislation passed through the 2012 1st Special Session