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Home » US Law » 2022 West Virginia Code » Chapter 18. Education » Article 9D. School Building Authority

§18-9D-1. School Building Authority; Powers

(a) The School Building Authority consists of eleven members, including the Governor or designee; the State Superintendent of Schools, ex officio; three members of the state Board of Education, elected by the state board; and six citizens of the state, appointed by the Governor, by and with the advice and consent of the Senate, who […]

§18-9D-10. Bonds May Be Issued for Combined Purposes

The School Building Authority may authorize by one or more resolutions a single issue of bonds for the combined purposes of refunding the outstanding bonds as herein authorized and financing one or more of the projects authorized hereunder.

§18-9D-11. Bonds Shall Be Negotiable Instruments

The revenue bonds, revenue refunding bonds and bonds issued for combined purposes under the provisions of this article shall, independently of the requirements of any other provision of law and solely by virtue of the provisions of this section, be and have all the qualities and incidents of negotiable instruments.

§18-9D-12. Trust Agreements for Holders of Bonds

The School Building Authority may enter into an agreement or agreements with any trust company, or with any bank having the powers of a trust company, either within or outside the state, to act as trustee for the holders of bonds issued hereunder, setting forth therein such duties and containing such legally binding covenants of […]

§18-9D-13. Sinking Fund for Payment of Bonds

(a) From the School Building Capital Improvements Fund the School Building Authority shall make periodic payments in an amount sufficient to meet the requirements of any issue of bonds sold under the provisions of this article prior to January 1, 1994, or for refunding bonds issued prior to that date as may be specified in […]

§18-9D-14. Credit of State Not Pledged

No provisions of this article shall be construed to authorize the School Building Authority at any time or in any manner to pledge the credit or taxing power of the state, nor shall any of the obligations or debts created by the School Building Authority under the authority herein granted be deemed to be obligations […]

§18-9D-15. Legislative Intent; Allocation of Money Among Categories of Projects; Lease-Purchase Options; Limitation on Time Period for Expenditure of Project Allocation; County Maintenance Budget Requirements; Project Disbursements Over Period of Years; Preference for Multicounty Arrangements; Submission of Project Designs; Set-Aside to Encourage Local Participation; Local Bond Levies

(a) It is the intent of the Legislature to empower the School Building Authority to facilitate and provide state funds and to administer all federal funds provided for the construction and major improvement of school facilities so as to meet the educational needs of the people of this state in an efficient and economical manner. […]

§18-9D-16. Authority to Establish Guidelines and Procedures for Facilities and Major Improvement Plans; Guidelines for Modifications and Updates, etc.; Guidelines for Project Evaluation; Submission of Certified List of Projects to Be Funded; Department On-Site Inspection of Facilities; Enforcement of Required Changes or Additions to Project Plans

(a) The authority shall establish guidelines and procedures to promote the intent and purposes of this article and assure the prudent and resourceful expenditure of state funds for projects under this article including, but not limited to, the following: (1) Guidelines and procedures for the facilities plans, school major improvement plans and projects submitted in […]

§18-9D-19. Comprehensive High Schools

(a) The Legislature finds the following: (1) The decline in student enrollment over the last twenty years has necessitated consolidation of schools in many counties;

§18-9D-2. Definitions

For the purposes of this article, unless a different meaning clearly appears from the context: (1) "Authority" means the School Building Authority of West Virginia;

§18-9D-21. Authorizing Rules of School Building Authority

(a) The legislative rule filed in the State Register on September 27, 2007, relating to the School Building Authority (School Building Authority requirements for Comprehensive Educational Facility Plan rule), is repealed and enrolled as a procedural rule. (b) The legislative rule filed in the State Register on June 26, 2018, relating to the School Building […]

§18-9D-4a. Savings From Issuance of Refunding Bonds

Any aggregate savings resulting from the issuance of refunding bonds pursuant to section four of this article shall be retained by the School Building Authority. Any savings shall be utilized solely for the construction and maintenance of schools and may not be used to fund administrative costs of the authority.

§18-9D-4b. School Building Authority Authorized to Issue Bonds and Pay Debt Service on Bonds With Funds Distributed From State Excess Lottery Fund

The School Building Authority is expressly authorized to issue bonds and pay debt service on bonds pursuant to the provisions of this article with funds distributed from the State Excess Lottery Fund under section eighteen-a, article twenty-two, chapter twenty-nine of this code and deposited into the Excess Lottery School Building Debt Service Fund and any […]

§18-9D-4c. School Building Authority Authorized to Temporarily Finance Projects Through the Issuance of Loans, Notes or Other Evidences of Indebtedness

The School Building Authority may by resolution, in accordance with the provisions of this article, temporarily finance the cost of projects and other expenditures permitted under this article for public schools, including, but not limited to, comprehensive high schools and comprehensive middle schools as defined in this article, in this state through the issuance of […]