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12-5-4 |
Ch. 12 — PUBLIC MONEYS AND SECURITIES |
Public Securities |
Treasurer to Keep Accounts and Make Collections |
It shall be the duty of the treasurer to keep an accurate account of all securities received by him and collect and account for the interest as the same becomes… |
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12-5-5 |
Ch. 12 — PUBLIC MONEYS AND SECURITIES |
Public Securities |
Protection and Handling of Securities |
It shall be the duty of the treasurer to use due diligence in protecting such securities against loss from any cause. Such securities shall be kept in a vault, … |
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13-1-1 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
Bond Issues for Original Indebtedness |
Political Divisions Authorized to Issue and Sell Bonds |
Any county, by and through its county court, either for and on behalf of the county or for and on behalf of any magisterial district, or group of magisterial di… |
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13-1-2 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
Bond Issues for Original Indebtedness |
Purpose for Which Bonds May be Issued |
Debt may be incurred and bonds issued under this article for the purpose of acquiring, constructing and erecting, enlarging, extending, reconstructing or improv… |
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13-1-3 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
Bond Issues for Original Indebtedness |
Amount of Indebtedness for Which Bonds May be Issued |
No political division authorized by this article to issue bonds shall by any bond issue become indebted to an amount, including all other indebtedness, exceedin… |
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13-1-4 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
Bond Issues for Original Indebtedness |
Bond Issue Proposal to be Submitted to Voters; Election Order |
No debt shall be contracted or bonds issued under this article until all questions connected with the same shall have been first submitted to a vote of the qual… |
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13-1-5 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
Bond Issues for Original Indebtedness |
Engineer’s Estimate |
Before ordering an election on the question of issuing bonds to construct a county-district road or bridge, whether acting on its own motion or on petition, the… |
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13-1-6 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
Bond Issues for Original Indebtedness |
Bonds May Be for More Than One Purpose |
The order or ordinance submitting the proposition of issuing bonds to a vote may specify more than one purpose for which bonds are to be issued: Provided, That … |
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13-1-7 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
Bond Issues for Original Indebtedness |
When Election to be Held |
Elections for the purpose of voting upon questions of issuing bonds may be held at any general, primary, or special election which the fiscal body in its order … |
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13-1-8 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
Bond Issues for Original Indebtedness |
Publication of Notice of Election |
Notice of all bond elections shall be given by the publication of the order provided for in section four of this article at least once each week for four succes… |
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13-1-9 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
Bond Issues for Original Indebtedness |
Registration of Voters |
The registration of voters and the use of registration book prescribed by general law shall be applicable to any election under this chapter. |
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13-1-10 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
Bond Issues for Original Indebtedness |
Election Precincts |
Elections for bond issues for counties, districts and school districts shall be held at the voting precincts established for holding general elections; for muni… |
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13-1-11 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
Bond Issues for Original Indebtedness |
General Election Laws to Apply; Recorders and Secretaries to Act in Lieu of Circuit Clerks |
All the provisions of the general election laws of this State concerning general, primary or special elections, when not in conflict with the provisions of this… |
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13-1-12 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
Bond Issues for Original Indebtedness |
Form of Ballot |
The ballots to be used at elections under this article shall be in substantially the following form:
{{FIGURE type=form page=297 id=13-1-12~fig1 note="Bond ele… |
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13-1-13 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
Bond Issues for Original Indebtedness |
Time and Manner of Canvassing Returns |
The authorities calling bond elections shall canvass the returns at the same time with reference to the election and in the same manner as is required of county… |
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13-1-14 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
Bond Issues for Original Indebtedness |
Resolution Authorizing Issuance and Fixing Terms of Bonds |
If three-fifths of all the votes cast for and against the proposition to incur debt and issue negotiable bonds shall be in favor of the same, the governing body… |
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13-1-15 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
Bond Issues for Original Indebtedness |
Bonds to be Payable in Annual Installments |
Such bonds shall be made payable in annual installments beginning not more than two years after the date thereof, and the amount payable in each year may be so … |
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13-1-16 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
Bond Issues for Original Indebtedness |
Recital of Certification That Bonds Are Issued in Conformity With Constitution and Statutes; Effect Thereof With Attorney General’s Indorsement |
The resolution authorizing the bonds provided for in section fourteen of this article may direct that they shall contain the following recital:
“It is certifi… |
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13-1-17 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
Bond Issues for Original Indebtedness |
Bonds May be Registered; Coupon Bonds May be Registered as to Principal |
The bonds issued hereunder may be registered or coupon bonds. Coupon bonds may be registered as to the principal in the owner’s name by the state treasurer on b… |
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13-1-18 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
Bond Issues for Original Indebtedness |
Registration of Coupon Bonds as to Interest |
Coupon bonds may also be registered as to the interest by the holder surrendering the bonds with the unpaid coupons attached, which bonds and coupons shall be c… |
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13-1-19 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
Bond Issues for Original Indebtedness |
Signing, Sealing and Delivery of Bonds and Coupons |
All bonds issued under this article by any county shall be signed by the president of the county court and countersigned by the clerk of such court; bonds issue… |
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13-1-20 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
Bond Issues for Original Indebtedness |
Imposition and Collection of Tax to Pay Bonds and Interest |
It shall be the duty of the governing body of any political division, at or before the time of issuing bonds under this article, to provide for the imposition a… |
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13-1-21 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
Bond Issues for Original Indebtedness |
Advertisement and Sale of Bonds; Purchase by State Governmental Agency |
The governing body of the political division issuing such bonds shall sell the same and collect the proceeds, which proceeds shall be deposited with its treasur… |
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13-1-22 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
Bond Issues for Original Indebtedness |
Purposes for Which Proceeds to be Used; Purchaser Need Not See to Application Thereof |
The proceeds derived from the sale of any bonds shall be used only for the purpose or purposes for which the bonds were issued as set out in the order or ordina… |
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13-1-23 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
Bond Issues for Original Indebtedness |
No Law, Order, Ordinance, Resolution, Proceeding or Publication Necessary Except as Prescribed by This Article |
This article shall, without reference to any other act of the legislature, be full authority for the issuance and sale of bonds in this article authorized. No o… |
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13-1-24 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
Bond Issues for Original Indebtedness |
Legal Status of Bonds |
Bonds issued under this article, except to the extent that their status shall be affected by registration made in pursuance of this article, shall have all the … |
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13-1-25 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
Bond Issues for Original Indebtedness |
Copy of Proceedings to be Transmitted to Attorney General for Approval or Disapproval; Publication of Approval or Disapproval |
The governing body of any political division issuing bonds under this article shall, as soon as practicable after the result of the election authorizing their i… |
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13-1-26 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
Bond Issues for Original Indebtedness |
Review in Supreme Court of Appeals of Action of Attorney General |
For a period of ten days from and after the date of the last publication of the notice of the attorney general of his action in approving or disapproving the va… |
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13-1-27 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
Bond Issues for Original Indebtedness |
Bond Issue and Tax to Pay Bonds to be Incontestable Upon Failure to File Petition for Review or Dismissal Thereof |
If no person in interest or taxpayer shall within ten days from and after the date of the last publication of the notice of the attorney general of his action i… |
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13-1-28 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
Bond Issues for Original Indebtedness |
Indorsement on Bonds by Attorney General |
After ten days shall have elapsed from and after the date of the last publication of the attorney general’s notice provided for in section twenty-five of this a… |
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13-1-29 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
Bond Issues for Original Indebtedness |
Costs of Proceedings and Expenses of Attorney General to be Paid Out of Proceeds of Bonds or General Fund |
The cost of publishing the notice to taxpayers as herein provided, and the costs of certifying and copying all records, papers and proceedings to be used by the… |
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13-1-30 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
Bond Issues for Original Indebtedness |
Files and Records to be Kept by Attorney General |
The attorney general shall keep on file in his office the papers pertaining to any bond issue submitted to him, and shall record his findings of approval or dis… |
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13-1-31 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
Bond Issues for Original Indebtedness |
Proceedings to Issue Bonds Under Authority of Prior Statutes; Debts Heretofore Incurred |
Nothing contained in this article shall affect in any way proceedings heretofore begun by the governing body of any political division to issue bonds under the … |
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13-1-32 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
Bond Issues for Original Indebtedness |
Amount of Indebtedness Authorized by Section Three May be Increased by Special Act as to Municipalities and Independent School Districts; Bonds for Assessments Against Abutting Property Excepted From This Article |
Notwithstanding the provisions of section three of this article, when by a special act of the legislature any municipality or independent school district is aut… |
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13-1-33 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
Bond Issues for Original Indebtedness |
Bonds Exempt From Taxation |
All bonds of the State of West Virginia or of any political subdivision thereof issued hereunder, or under the provisions of chapter eight of this Code, shall b… |
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13-2-1 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
Refunding Bonds |
What Political Divisions May Issue Refunding Bonds; When May be Issued |
Any county, by and through its county court, either for and on behalf of the county or for and on behalf of any magisterial district or group of magisterial dis… |
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13-2-2 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
Refunding Bonds |
Terms of Refunding Bonds; Time, Place and Amount of Payments |
Upon determining to issue such refunding bonds, the governing body of such political division shall, by resolution, authorize the issuance of such bonds in an a… |
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13-2-3 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
Refunding Bonds |
Provisions of Sections Seventeen Eighteen, Nineteen and Twenty of Article One to Apply to Refunding Bonds |
All the provisions of sections seventeen, eighteen, nineteen and twenty of article one of this chapter, relating to bonds issued for original indebtedness, shal… |
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13-2-4 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
Refunding Bonds |
Disposition of Bonds ; Delivery of Refunding Bonds Conditional Upon Cancellation of Original Bonds |
The governing body of the political division issuing bonds under this article may sell the same or any part thereof and collect the proceeds, or such bonds may … |
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13-2-5 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
Refunding Bonds |
Provisions of This Article Sufficient Authority for Issuing Refunding Bonds |
This article shall, without reference to any other act of the legislature, be full authority for the issuance, sale and exchange of bonds in this article author… |
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13-2-6 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
Refunding Bonds |
No Election or Publication Necessary; No Priority in State Agencies as to Right of Purchase |
The issuance and sale or exchange of bonds in this article authorized may be had without an election or publication of any notice. The prior right of the State … |
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13-2-7 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
Refunding Bonds |
Adjudication of Part of Article to be Unconstitutional Not to Affect Other Parts |
If any clause, sentence, paragraph or part of this article shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment … |
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13-2-8 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
Refunding Bonds |
Bonds Exempt From Taxation |
All bonds of the State of West Virginia or of any political subdivision thereof issued hereunder shall be exempt from all taxation by the State or by any politi… |
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13-3-1 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
State Sinking Fund Commission |
Sinking Fund Commission; Members; Officers; Records |
The commission known as the “State Sinking Fund Commission” is hereby continued as heretofore by law created. The state tax commissioner, the secretary of state… |
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13-3-2 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
State Sinking Fund Commission |
Employees and Expenses of Commission |
The commission is hereby authorized to employ an assistant secretary and such other employees as may be necessary to carry out the purposes of this article, who… |
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13-3-3 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
State Sinking Fund Commission |
Duty of Commission to Administer Interest and Sinking Funds |
It shall be the duty of the state sinking fund commission to administer all interest and sinking funds required for the bond issues of the several counties, dis… |
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13-3-4 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
State Sinking Fund Commission |
Investment of Sinking Funds |
It shall be the duty of said commission to keep all sinking funds, under its control, invested. The sinking fund of each political division shall be first inves… |
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13-3-5 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
State Sinking Fund Commission |
Accounts of Bond Issues; Disposition of Canceled Bonds; Custody of Purchased Bonds |
Separate accounts shall be kept for each bond issue of each political division of the State, showing in detail all receipts and disbursements. Every six months,… |
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13-3-6 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
State Sinking Fund Commission |
Statement by Commission to Political Division for Levy Purposes; Report by Officers of Political Division to Commission |
The commission shall, annually, at least thirty days before the time for making up the estimate for levy purposes, render to each political division having outs… |
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13-3-7 |
Ch. 13 — PUBLIC BONDED INDEBTEDNESS |
State Sinking Fund Commission |
Where and How Bonds and Interest Payable |
The place or places of payment of all bonds and interest coupons, hereafter issued, shall be as provided in articles one and two of this chapter and out of the … |
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