WEST VIRGINIA CODE
WVC 18 - 23 - 19
§18-23-19. Payment of principal and interest of construction bonds
from revenues of dormitories, housing facilities,
food service facilities or motor vehicle parking
facilities; redemption of bonds.
Whenever bonds are issued for the construction, erection or
equipment of dormitories, housing facilities, food service
facilities or motor vehicle parking facilities or for the
improvement or equipment of existing dormitories, housing
facilities, food service facilities or motor vehicle parking
facilities, or for any or all of the purposes, as joint or several
projects, for which a single or several issues of bonds may be
issued within the discretion of the governing boards, rents, fees
and charges shall be fixed, charged and collected in connection
with the use or occupancy of, or service to be thereby rendered and
furnished by, dormitories, housing facilities, food service
facilities or motor vehicle parking facilities of the particular
state educational institution as the governing board thereof shall
determine, and shall be so fixed or adjusted, as to provide a fund
sufficient to pay the principal and interest of each issue of bonds
and to provide an additional fund to pay the cost of maintaining,
repairing, operating and insuring such dormitories, housing
facilities, food service facilities or motor vehicle parking
facilities. Whenever bonds are issued to finance the construction
and erection of dormitories, housing facilities, food service
facilities or motor vehicle parking facilities, together with additions or extensions to existing dormitories, housing
facilities, food service facilities and motor vehicle parking
facilities for students or teachers at state institutions of higher
education, either the combined gross revenues derivable from all
the dormitories, housing facilities, food service facilities or
motor vehicle parking facilities or the separate gross revenues
derivable from the dormitories, the housing facilities, the food
service facilities or the motor vehicle parking facilities of the
particular state institution of higher education as the governing
board thereof shall determine, may be pledged to provide a fund
sufficient to pay the principal and interest of the issue of bonds
and of any other bonds thereafter issued for the same purpose and
to provide an additional fund to pay the cost of maintaining,
repairing, operating and insuring such dormitories, housing
facilities, food service facilities or motor vehicle parking
facilities. Except as may otherwise be provided in the trust
agreement authorized in section seventeen of this article, the
rents, fees and charges from the dormitories, housing facilities,
food service facilities or motor vehicle parking facilities for
which a single issue of bonds is issued, in an amount sufficient to
pay, when due, the principal of, redemption premium, if any, and
interest on such bonds shall be transmitted each month to the
municipal bond commission and by it placed in a special fund which
is hereby pledged to and charged with the payment of the principal
of the bonds and the interest thereon and to the redemption or repurchase of the bonds, the special fund to be a fund for all
these bonds without distinction or priority of one over another.
The moneys in the special fund, less any reserve for payment of
interest, if not used by the municipal bond commission within a
reasonable time for the purchase of bonds for cancellation at a
price not exceeding the market price and not exceeding the
redemption price, shall be applied to the redemption by lot of any
bonds which by their terms are then redeemable, at the redemption
price then applicable:
Provided, That if said revenue bonds are
sold to and purchased by the United States of America or any
federal or public agency or department created under and by virtue
of the laws of the United States of America, then at the option of
the United States of America or such federal or public agency or
department in lieu of the moneys being transmitted to the municipal
bond commission and by it placed in a special fund the rents, fees
and charges from the dormitories, housing facilities, food service
facilities or motor vehicle parking facilities, in an amount
sufficient to pay, when due, the principal of, redemption premium,
if any, and interest on the bonds may be transmitted and paid to a
trustee designated and named by the United States of America or a
federal or public agency or department in its agreement and
contract with the appropriate governing board, for the payment of
the principal of such bonds and the interest thereon, under such
terms and conditions as may be agreed upon.
Note: WV Code updated with legislation passed through the 2012 1st Special Session