WEST VIRGINIA CODE
WVC 16-13D-9
§16-13D-9. Revenue bonds.
For constructing or acquiring any water supply, wastewater
transportation, or treatment system for the authorized purposes of
the authority, or necessary or incidental thereto, and for
constructing improvements and extensions thereto, and also for
reimbursing or paying the costs and expenses of creating the
authority, the governing body of any such authority is hereby
authorized to borrow money from time to time and in evidence
thereof issue the revenue bonds of such authority. Such revenue
bonds are hereby made a lien on the revenues produced from the
operation of the authority's system, but shall not be general
obligations of the public agencies participating in the agreement.
All revenue bonds issued under this article shall be signed by the
president of the governing body of the authority and attested by
the secretary of the governing body of the authority and shall
contain recitals stating the authority under which such bonds are
issued and that they are to be paid by the authority from the net
revenue derived from the operation of the authority's system and
not from any other fund or source and that said bonds are
negotiable and payable solely from the revenues derived from the
operation of the system under control of the authority:
Provided,
That in the case of a regional water and wastewater authority, the
statutory lien created hereby shall only be a lien on the revenues
of that service funded by the proceeds of the sale of the bonds, it
being understood that such combined authority shall maintain separate books and records for its water and wastewater operations.
Such bonds may be issued in one or more series, may bear such date
or dates, may mature at such time or times not exceeding forty
years from their respective dates, may bear interest at a rate not
exceeding two percent above the interest rate on treasury notes,
bills or bonds of the same term as the term of the bond or bonds
the week of closing on the bond or bonds as reported by the
treasury of the United States, may be payable at such times, may be
in such form, may carry such registration privileges, may be
executed in such manner, may be payable at such place or places,
may be subject to such terms of redemption with or without premium,
may be declared or become due before maturity date thereof, may be
authenticated in any manner, and upon compliance with such
conditions, and may contain such terms and covenants as may be
provided by resolution or resolutions of the governing body of such
authority. Notwithstanding the form or tenor thereof, and in the
absence of any express recital on the face thereof, that the bond
is nonnegotiable, all such bonds shall be, and shall be treated as,
negotiable instruments for all purposes. Bonds bearing the
signatures of officers in office on the date of the signing thereof
shall be valid and binding for all purposes notwithstanding that
before the delivery thereof any or all of the persons whose
signatures appear thereon shall have ceased to be such officers.
Notwithstanding the requirements or provisions of any other law,
any such bonds may be negotiated or sold in such manner and at such time or times as is found by the governing body to be most
advantageous, and all such bonds may be sold at such price that the
interest cost of the proceeds therefrom does not exceed three
percent above the interest rate on treasury notes, bills or bonds
of the same term as the term of the bond or bonds the week of
closing on the bond or bonds as reported by the treasury of the
United States, based on the average maturity of such bonds and
computed according to standard tables of bond values. Any
resolution or resolutions providing for the issuance of such bonds
may contain such covenants and restrictions upon the issuance of
additional bonds thereafter as may be deemed necessary or advisable
for the assurance of the payment of the bonds thereby authorized.
Note: WV Code updated with legislation passed through the 2012 1st Special Session