WEST VIRGINIA CODE
WVC 16 - 13 A- 15
§16-13A-15. Bonds may be secured by trust indenture.
In the discretion and at the option of the board such bonds
may be secured by a trust indenture by and between the district
and a corporate trustee, which may be a trust company or bank
having powers of a trust company within or without the state of
West Virginia, but no such trust indenture shall convey, mortgage
or create any lien upon the public service properties or any part
thereof. The resolution authorizing the 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 district and the members of its board and officers in
relation to the construction or acquisition of public service
properties and the improvement, extension, operation, repair,
maintenance and insurance thereof, and the custody, safeguarding
and application of all moneys, and may provide that all or any
part of the construction work shall be contracted for,
constructed and paid for, under the supervision and approval of
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 public service properties or
other money pertaining thereto be satisfactory to such
purchasers, their successors, assignees or nominees. Such indenture may set forth the rights and remedies of the
bondholders and such trustee.
Note: WV Code updated with legislation passed through the 2012 1st Special Session