WEST VIRGINIA CODE
WVC 16 - 13 A- 17
§16-13A-17. Collection, etc., of revenues and enforcement of
covenants; default; suit, etc., by bondholder or trustee to
compel performance of duties; appointment and powers of
receiver.
The board of any such district shall have power to insert
enforceable provisions in any resolution authorizing the issuance
of bonds relating to the collection, custody and application of
revenues of the district from the operation of the public service
properties under its control and to the enforcement of the
covenants and undertakings of the district. In the event there
shall be default in the sinking fund provisions aforesaid or in
the payment of the principal or interest on any of such bonds or,
in the event the district or its board or any of its officers,
agents or employees, shall fail or refuse to comply with the
provisions of this article, or shall default in any covenant or
agreement made with respect to the issuance of such bonds or
offered as security therefor, then any holder or holders of such
bonds and any such trustee under the trust indenture, if there be
one, shall have the right by suit, action, mandamus or other
proceeding instituted in the circuit court for the county or any
of the counties wherein the district extends, or in any other
court of competent jurisdiction, to enforce and compel
performance of all duties required by this article or undertaken
by the district in connection with the issuance of such bonds,
and upon application of any such holder or holders, or such
trustee, such court shall, upon proof of such defaults, appoint a receiver for the affairs of the district and its properties,
which receive so appointed shall forthwith directly, or by his
agents and attorneys, enter into and upon and take possession of
the affairs of the district and each and every part thereof, and
hold, use, operate, manage and control the same, and in the name
of the district exercise all of the rights and powers of such
district as shall be deemed expedient, and such receiver shall
have power and authority to collect and receive all revenues and
apply same in such manner as the court shall direct. Whenever
the default causing the appointment of such receiver shall have
been cleared and fully discharged and all other defaults shall
have been cured, the court may in its discretion and after such
notice and hearing as it deems reasonable and proper direct the
receiver to surrender possession of the affairs of the district
to its board. Such receiver so appointed shall have no power to
sell, assign, mortgage, or otherwise dispose of any assets of the
district except as hereinbefore provided.
Note: WV Code updated with legislation passed through the 2012 1st Special Session