On the agenda: Morgantown meeting — facial recognition (Oct 6)

MORGANTOWN

304-284-7439

Morgantownwv.gov

CITY CLERK

389 Spruce St.
Morgantown, WV 26505

AGENDA
CITY REGULAR MEETING
City Hall Council Chambers, 389 Spruce Street, 2nd Floor, Morgantown, WV 26505
Tuesday, October 06, 2026, at 7:00 PM
This meeting will be broadcast live via YouTube at City of Morgantown - YouTube
(https://www.youtube.com/@CityofMorgantown/streams)

1. PLEDGE:
2. CALL TO ORDER:
3. OATH OF OFFICE FOR SEVENTH WARD COUNCIL MEMBER:
4. ROLL CALL:
5. APPROVAL OF MINUTES:
A. September 15, 2026, Special Meeting Minutes
B. September 15, 2026, Regular Meeting Minutes
C. September 29, 2026, Special Meeting Minutes
6. CORRESPONDENCE:
A. Introduction: Brian Belcher - Airport Director
B. Ruby Summer Concert Series and Arts & Culture Updates
C. National Community Planning Month Proclamation
D. Municipal Government Week Proclamation
7. REPORT OF PROCLAMATIONS:
A. Hispanic and Latino Heritage Month
8. PUBLIC HEARINGS:
A. An Ordinance Authorizing the Morgans Run Water Extension Project
9. UNFINISHED BUSINESS:

1

A. Consideration of APPROVAL of (Second Reading) of An Ordinance Authorizing the
Series 2026 A Utility System Revenue Bonds for Morgans Run Water Line Extension
(First Reading September 15, 2026)
B. Consideration of APPROVAL of (Second Reading) of An Ordinance Authorizing the
Morgans Run Water Extension Project (First Reading September 15, 2026)
C. Boards and Commissions
10. PUBLIC PORTION WHICH SHALL BE SUBJECT TO RULES ESTABLISHED BY
COUNCIL AND ADOPTED BY RESOLUTION:
11. SPECIAL COMMITTEE REPORTS:
12. CONSENT AGENDA:
A. Consideration of APPROVAL of A Resolution Amending the FY 2026-2027 Budget
Revision for the Morgantown Capital Escrow Fund (Revision #3)
13. NEW BUSINESS:
A. Seventh Ward Council Member Board and Commission Assignments
B. Consideration of APPROVAL of (First Reading) of An Ordinance Providing for
Release of an Easement and Acceptance of a Modified Easement over Parcel 45.4 of
Tax Map 15
C. Consideration of APPROVAL of (First Reading) of An Ordinance Regulating
Surveillance Systems by City Officials and on City Property
14. CITY MANAGER'S REPORT:
15. REPORT FROM CITY CLERK:
16. REPORT FROM CITY ATTORNEY:
17. REPORT FROM COUNCIL MEMBERS:
18. EXECUTIVE SESSION:
A. Discuss Legislative Items and to seek Legal guidance (It is anticipated Council will
discuss this item in executive session as permitted by W. Va. Code 6-9A-4(b)(12) to
discuss matters protected by attorney-client privilege)
B. Pursuant to WV State Code Section 6-9A-4(b)(2)(A) to discuss personnel matters for
Boards and Commissions
19. ADJOURNMENT:
For accommodations please call or text 304-288-7072

2

3

City of Morgantown

Item 5A.

SPECIAL MEETING MINUTES
September 15, 2026
Special Meeting September 15, 2026: The Special Meeting of the Common Council of the City of
Morgantown was held at City Hall Council Chambers on Tuesday, September 15, 2026, at 6:15 p.m.
Present: Mayor Danielle Trumble, Deputy Mayor Mark Downs, Council Members, Joe AbuGhannam, Louise “Weez” Michael, Jodi Hollingshead and Jenny Selin.
EXECUTIVE SESSION: Pursuant to West Virginia Code Section 6-9A-4(b)(2)(A) to interview
with candidate for vacant Seventh Ward council seat.
Motion by Councilor Michael, second by Councilor Abu-Ghannam, to go into executive session.
Motion carried by acclamation. Present: City Council. Time: 6:16 p.m.
Adjournment:
There being no further business, motion by Councilor Abu-Ghannam, second by Councilor Michael, to
adjourn the meeting. Time: 6:31 p.m.

___________________________
Christine Wade, City Clerk

___________________________
Danielle Trumble, Mayor

4

City of Morgantown

Item 5B.

MINUTES
REGULAR MEETING
September 15, 2026
Regular Meeting: September 15, 2026: The regular meeting of the Common Council of the City of Morgantown was held in the City
Hall Council Chambers on Tuesday, September 15, 2026, at 7:00 pm.
The meeting was called to order by Mayor Trumble.
Present: City Manager Jamie Miller, Assistant City Manager Emily Muzzarelli, City Clerk Christine Wade, City Attorney Ryan Simonton,
Mayor Danielle Trumble, Deputy Mayor Mark Downs and Council Members: Joe Abu-Ghannam, Louise “Weez” Michael, and Jenny
Selin. Council Members Jodi Hollingshead participated virtually via Teams.
Approval of Minutes: September 1, 2026, Special Meeting Minutes; September 1, 2026, Regular Meeting Minutes; were approved by
consensus.
Correspondence:
Mayor Trumble presented a proclamation and plaque to the WVU Men’s Baseball team honoring recent achievements in the 2026 Men’s
College World Series. Head Coach Steve Sabinz, along with several staff and players, accepted the recognition.
Creative Director Hannah Winaught and Arts and Experience Specialist Rachel Johnson of Visit Mountaineer Country Convention and
Visitors Bureau presented the CVB’s Semi-Annual Tourism Update.
Report of Proclamations:
Mayor Trumble presented a proclamation honoring Tanner’s Alley Leather Design Studio and owner Charlie McEwuen on September 3rd
at a ribbon cutting event.
Mayor Trumble presented a Young Eagles Day Proclamation for 2026 on August 31st at the Morgantown Municipal Airport.
Public Hearing: An Ordinance Amending the Plan Review and Permitting Fee Schedule
Mayor Trumble declared the Public Hearing Open.
There being no appearances, Mayor Trumble declared the Public Hearing closed.
Unfinished Business:
Boards and Commissions-None
Public Portion:
Mayor Trumble declared the Public Portion open.
Annie Cronan Yorick, 7th Ward, spoke regarding the vacant 7th Ward Council seat. Additionally, she asked a question regarding an ongoing
lawsuit against former Councilor Butcher and inquired as to why the City is contributing to legal fees.
There being no further appearances; Mayor Trumble declared the Public Portion closed.
Special Committee Reports: None
Consent Agenda:
Consideration of Approval of (Second Reading) of An Ordinance Amending the Plan Review and Permitting Schedule (First
Reading 08-25-2026)

5

City of Morgantown

Item 5B.

Consideration of Approval of Bid Call 2027-05
Consideration of Approval of A Resolution for Walnut Street Bridge Maintenance Agreement
Consideration of Approval of A Resolution Authorizing Application for Governor’s Highway Safety Program Grant
Consideration of Approval of A Resolution Authorizing the Appointment of Audit Committee
Motion by Councilor Michael, second by Deputy Mayor Downs, to approve the above-entitled items. Motion carried 6-0.
.
New Business:
An Ordinance Authorizing the Series 2026 A Utility System Revenue Bonds for Morgans Run Water Line Extension:
The above-entitled Ordinance was presented for first reading.
Steptoe & Johnson Bond Counsel Tom Aman explained. Morgantown Utility Board Chair Erik Carlson explained. After discussion,
motion by Councilor Selin, second by Councilor Michael, to approve the above-entitled ordinance to second reading. Motion carried 6-0.
An Ordinance Authorizing the Morgans Run Water Extension Project:
The above-entitled Ordinance was presented for first reading.
Morgantown Utility Board Chair Erik Carlson explained. After discussion, motion by Councilor Michael, second by Councilor AbuGhannam, to approve the above-entitled ordinance to second reading. Motion carried 6-0.
An Ordinance Authorizing and Regulating Accessory Dwelling Units and Updating Site Plan Review Procedures:
The above-entitled Ordinance was presented for first reading.
City Attorney Simonton explained. After discussion, motion by Councilor Selin, second by Councilor Michael, to approve the aboveentitled ordinance to second reading. Motion carried 6-0.
A Resolution Approving an Intergovernmental Agreement with the Monongalia County Commission for Transport Services:
The above-entitled resolution was presented for approval.
City Manager Miller explained. After discussion, motion by Councilor Michael, second by Deputy Mayor Downs, to approve the aboveentitled resolution. Motion carried 5-1, with Councilor Hollingshead voting no.
City Manager’s Report: provided updates regarding an upcoming strategic prioritization workshop and the status of the SALDO and
Zoning Update procurement process.
Report from City Clerk: provided updates regarding upcoming Municipal Government Week celebrations and police recruitment.
Report from City Attorney: shared that the council passed the first reading of the ADU ordinance and approved updates to the plan
review and permitting fee schedule.
Report from Council Members:
Councilor Hollingshead: covered upcoming voter registration reminders and details for the South Park Block Party.
Councilor Abu-Ghannam: provided updates regarding upcoming community meetings, recent street closures, and pending legislative
discussions.
Councilor Michael: focused on upcoming infrastructure maintenance and various scheduled cleanup projects.

6

City of Morgantown

Item 5B.

Councilor Selin: focused on constituent inquiries regarding infrastructure projects and feedback on recent neighborhood engagement
efforts.
Deputy Mayor Downs: discussed progress on the ADU ordinance and the advancement of the Zoning Change RFP.
Mayor Trumble: update covered municipal committee progress, workforce development challenges, and upcoming community
projects.
EXECUTIVE SESSION: Legal advice related to potential legislation related to use of cameras or other technologies by the City or on
City properties pursuant to W.Va. State Code Section 6-9A-4(b)(12)).
Discussion of acquisition or development of real estate in the Evansdale neighborhood pursuant to W.Va. State Code Section 6-9A4(b)(9)).
Discussion of appointment to vacant Council seat pursuant to W.V. State Code Section 6-9A-4(b)(2)(A)).
Discussion of personnel matters for Boards and Commissions pursuant to W.V. State Code Section 6-9A-4(b)(2)(A)).
Motion by Councilor Michael, second by Deputy Mayor Downs, to go into executive session. Motion carried by acclamation. Time 8:07
pm.
ADJOURNMENT: There being no further business, there was a motion by Councilor Abu-Ghannam, second by Councilor Michael, to
adjourn the meeting. Time: 10:10 pm.

________________________________________
Christine Wade, City Clerk

_________________________________________
Danielle Trumble, Mayor

7

City of Morgantown

Item 5C.

SPECIAL MEETING MINUTES
September 29, 2026
Special Meeting September 29, 2026: The Special Meeting of the Common Council of the City of
Morgantown was held at City Hall Council Chambers on Tuesday, September 29, 2026, at 7:00 p.m.
Present: City Manager Jamie Miller, Assistant City Manager Emily Muzzarelli, City Attorney Ryan
Simonton, City Clerk Christine Wade, Mayor Danielle Trumble, Deputy Mayor Mark Downs, Council
Members, Joe Abu-Ghannam, Louise “Weez” Michael. Council Member Jenny Selin was absent.
Council Member Jodi Hollingshead participated virtually via Teams.
New Business:
Consideration of Seventh Ward Council Member:
The above-entitled item was presented for discussion.
After discussion, motion by Councilor Abu-Ghannam, second by Deputy Mayor Downs, to appoint
Gail Taylor to the Sevent Ward seat for the Morgantown City Council. Motion carried 5-0.
Gail Taylor shared a few words.
Adjournment:
There being no further business, motion by Councilor Michael, second by Deputy Mayor Downs, to
adjourn the meeting. Time: 7:03 p.m.

___________________________
Christine Wade, City Clerk

___________________________
Danielle Trumble, Mayor

8

Item 6A.

City Council
Agenda Item Summary
Council Meeting Date: 10/06/2026
Item:
Department:
Requested By:
Strategic Goal:

Introduction: Brian Belcher – Airport Director
N/A
Brian Belcher, Airport Director
Excellent and Responsible

Recommended Motion: No motion required.

Item Summary:
Brian Belcher, Airport Director of the Morgantown Municipal Airport, will be in
attendance as an introduction to City Council.
Fiscal Impact: N/A

9

Item 6B.

City Council
Agenda Item Summary
Council Meeting Date: 10/6/2026
Item:
Department:
Requested By:
Strategic Goal:

Annual Update on Ruby Summer Concerts and DACD
Arts & Cultural Development
Vincent E. Kitch – Director of Arts & Cultural Development
Vibrant and Prosperous & Excellent and Responsible

Recommended Motion: N/A

Item Summary:
Vincent Kitch, the Director of Arts & Cultural Development, will provide City Council with an annual
update on the Ruby Summer Concert Series as well as other city cultural facilities and activities.
The presentation will provide an overview of the Ruby Summer Concert Series highlighting statistics
and information on attendance, audience data, budget and financial information and information on
other events and activities that took place at the Ruby Amphitheater.
Director Kitch will also provide informational updates on the Metropolitan Theatre, Morgantown
History Museum, and the Easton Roller Mill
Fiscal Impact: No fiscal impact.

10

Item 6C.

City Council
Agenda Item Summary
Council Meeting Date: 10/06/2026
Item:
Department:
Requested By:
Strategic Goal:

Proclamation – National Community Planning Month
Development Services Department
Development Services Department
Not Applicable

Item Summary:
Each year, the American Planning Association (APA) encourages communities across
the nation to designate October as National Community Planning Month. The
observance recognizes and celebrates the work that professional and citizen planners
carry out in service to their communities, and it highlights the essential role planning
plays in addressing local housing, land use and economic development challenges.
Chapter 8A of the West Virginia Code provides the legal foundation that enables cities
and counties throughout the Mountain State to formulate and implement their own
planning policies. Through this enabling legislation, local governments are empowered
to establish planning commissions, adopt comprehensive plans that reflect a collective
vision for the future, and put that vision into action through tools such as zoning
ordinances and subdivision and land development regulations. Together, these tools
allow communities to guide growth and development in a thoughtful, deliberate manner
while preserving the community character and natural environment that West Virginians
cherish. The City of Morgantown is fortunate to have this framework in place, as it
allows the City to plan proactively for its future rather than simply react to change.
The proposed proclamation formally designates October 2026 as Community Planning
Month in the City of Morgantown, in conjunction with the national observance. It publicly
recognizes the dedication of the City's professional planning staff, as well as the
appointed members of the Planning Commission, the Board of Zoning Appeals, and
other citizen planners who volunteer their time and expertise on boards and
commissions. It also extends appreciation to professional community and regional
planners throughout West Virginia for their continued commitment to public service.
Fiscal Impact: Presentation Item Only

11

Item 6C.

12

Item 6D.

City Council
Agenda Item Summary
Council Meeting Date: 10/06/2026
Item:
Department:
Requested By:
Strategic Goal:

Proclamation recognizing October 11-17, 2026, as Municipal
Government Week in the City of Morgantown
City Clerk’s Office
City Clerk
Excellent and Responsible

Item Summary: The City of Morgantown proudly proclaims October 11-17, 2026, as
Municipal Government Week, joining communities across West Virginia in the 31st
annual statewide observance. This week emphasizes the vital role of municipalities in
delivering essential services—such as public safety, infrastructure, parks, and
community development—that strengthen neighborhoods and improve quality of life. It
also serves as a reminder of the importance of civic awareness and engagement,
encouraging residents to learn more about their local government and to recognize the
dedication of municipal leaders and employees who serve the community each day.
Fiscal Impact: No direct fiscal impact.

13

Item 6D.

14

Item 7A.

15

Item 9A.

City Council
Agenda Item Summary
Council Meeting Date: October 6, 2026
Item:
Department:
Requested By:
Strategic Goal:

Ordinances Regarding the Morgan’s Run Project and Associated
Issuance of Revenue Bonds
N/A
Morgantown Utility Board
Connected and Well Maintained

Recommended Motion: Move to Approve the two Proposed Ordinances as
summarized below.

Item Summary:
Erik Carlson from the MUB Board presented an update to City Council at the August 25,
2026, City Council meeting regarding the Morgan’s Run Water Project. First reading of
these Ordinances occurred on 9/15/2026.
A public hearing is held at the meeting where an item receives its final adoption. Please
note that the Project Establishment Ordinance requires two hearings and will receive its
final reading today. The Bond Ordinance requires three hearings and will have a third
reading before Council on 10/20/2026.
The proposed project is a waterline extension project that will serve 26 homes in Cheat
Lake’s Morgans Run, Lubbock Lane, Longhorn Lane, Rugh Lane, and Armstrong Drive
area. MUB has obtained funding through grants and other awards, and remaining debt
is proposed to be funded with a surcharge to the customers on this line.
Two ordinances are proposed for Council consideration for the furtherance of this
project:
Ordinance 1: Authorizing the Series 2026 A Utility System Revenue Bonds for Morgans
Run Water Line Extension.
This ordinance will authorize the City to issue up to $1.7 million utility system revenue
bonds, which will fund the cost of the extension project that is not covered by grant
funding. The debt service is proposed to be paid by a surcharge on the new customers,
estimated at $77.13 per month per customer.

16

Item 9A.

City Council
Agenda Item Summary
Ordinance 2: An Ordinance Authorizing the Morgans Run Water Extension Project.
This ordinance will authorize the design, acquisition, and construction of the Morgans
Run extension, including confirming the notice and procedural requirements of state law
are met and providing an estimate of the rates to be paid by customers for the project
(estimated as a $77.13 per month surcharge on new customers at Morgans Run only,
but to be set by a future rate ordinance of City Council).

Fiscal Impact: Approval of item will issue bonds associated with the project. It is
anticipated that a Rate Ordinance outlining a surcharge of the impacted customers will
come before City Council for approval in or around November 2027.

17

Item 9A.

THE CITY OF MORGANTOWN
BOND ORDINANCE
ORDINANCE AUTHORIZING THE ACQUISITION AND
CONSTRUCTION OF ADDITIONS, BETTERMENTS AND
IMPROVEMENTS TO THE WATERWORKS PORTION OF THE
EXISTING PUBLIC COMBINED WATERWORKS, SEWERAGE
AND STORMWATER SYSTEM OF THE CITY OF
MORGANTOWN AND THE FINANCING OF THE COST
THEREOF, NOT OTHERWISE PROVIDED, THROUGH THE
ISSUANCE BY THE CITY OF NOT MORE THAN $1,700,000 IN
AGGREGATE PRINCIPAL AMOUNT OF COMBINED UTILITY
SYSTEM REVENUE BONDS, SERIES 2026 A (WEST VIRGINIA
INFRASTRUCTURE FUND); PROVIDING FOR THE RIGHTS
AND REMEDIES OF AND SECURITY FOR THE REGISTERED
OWNERS OF SUCH BONDS; AUTHORIZING EXECUTION AND
DELIVERY OF ALL DOCUMENTS RELATING TO THE
ISSUANCE OF SUCH BONDS; APPROVING, RATIFYING AND
CONFIRMING A LOAN AGREEMENT RELATING TO SUCH
BONDS; AUTHORIZING THE SALE AND PROVIDING FOR THE
TERMS AND PROVISIONS OF SUCH BONDS AND ADOPTING
OTHER PROVISIONS RELATING THERETO.

NOW, THEREFORE, THE CITY OF MORGANTOWN HEREBY ORDAINS:
ARTICLE I
STATUTORY AUTHORITY, FINDINGS AND DEFINITIONS
Section 1.01. Authority for this Ordinance. This Ordinance (together with any
ordinance, order or resolution supplemental hereto or amendatory hereof, the “Bond Legislation”) is
enacted pursuant to the provisions of Chapter 8, Article 20 and Chapter 31, Article 15A of the
West Virginia Code of 1931, as amended (collectively, the “Act”), and other applicable provisions of law.
Section 1.02.

Findings. It is hereby found, determined and declared that:

A.
The City of Morgantown (the “Issuer” or “City”) is a municipal corporation and
political subdivision of the State of West Virginia in Monongalia County of said State.
B.
The City presently owns and operates, through The City of Morgantown Utility
Board (the “Board”), a public combined potable waterworks, sanitary sewerage and stormwater system
(collectively, the “Combined Utility System,” as hereinafter further described) and has heretofore
financed the design, acquisition, construction and equipping of the Combined Utility System and certain
additions, betterments and improvements thereto through the issuance of several series of bonds or
refunding bonds, of which there are presently outstanding the Prior Bonds, as hereinafter defined.
C.

The Issuer deems it necessary and desirable for the health and welfare of the
1

32046556.2
18

Item 9A.

inhabitants of the Issuer that there be constructed additions, betterments and improvements to the
waterworks portion of the existing Combined Utility System, consisting of the design, acquisition,
construction and equipment of improvements to the Morgans Run Road area which may include the
installation of 8”, 6”, 4” and 2” waterline extensions to provide domestic and fire service to residents
living off the Morgans Run Road area, site work and site utilities and all necessary appurtenances
(collectively, the “Project”) (the existing Combined Utility System, the Project and any further
extensions, additions, betterments and improvements thereto are herein called the “System”), in
accordance with the plans and specifications prepared by the Consulting Engineers, which plans and
specifications have heretofore been filed with the City Clerk of the Issuer.
The Issuer intends to permanently finance a portion of the costs of acquisition and
construction of the Project through the issuance of its revenue bonds to the West Virginia Water
Development Authority (the "Authority"), which administers the West Virginia Infrastructure Fund (the
"Infrastructure Fund") for the West Virginia Infrastructure and Jobs Development Council (the
"Council"), all pursuant to the Act.
D.
It is deemed necessary for the Issuer to issue its Combined Utility System
Revenue Bonds, in the total aggregate principal amount of not more than $1,700,000 in one or more
series, initially planned to be the Combined Utility System Revenue Bonds, Series 2026 A (West Virginia
Infrastructure Fund), in the total aggregate principal amount of not more than $1,700,000 (the
“Series 2026 A Bonds”); to permanently finance a portion of the costs of acquisition and construction of
the Project. Said costs shall be deemed to include the cost of all property rights, easements and franchises
deemed necessary or convenient therefore and eligible under the Act; amounts which may be deposited in
the Series 2026 A Bonds Reserve Account (as hereinafter defined); engineering and legal expenses;
expenses for estimates of costs and revenues; expenses for plans, specifications and surveys; other
expenses necessary or incident to determining the feasibility or practicability of the enterprise;
administrative expense; commitment fees; fees and expenses of the Authority; discount; initial fees for the
services of registrars, paying agents, depositories or trustees or other costs in connection with the sale of
the Series 2026 A Bonds and such other expenses as may be necessary or incidental to the financing
herein authorized; the acquisition or construction of the Project and the placing of same in operation; and
the performance of the things herein required or permitted, in connection with any thereof; provided, that
reimbursement to the Issuer or the Board for any amounts expended by them for allowable costs prior to
the issuance of the Series 2026 A Bonds or the repayment of indebtedness incurred by the Issuer for such
purposes shall be deemed Costs of the Project, as hereinafter defined.
than 40 years.

E.

The period of usefulness of the System after completion of the Project is not less

F.
It is in the best interests of the Issuer that its Series 2026 A Bonds be sold to the
Authority pursuant to the terms and provisions of a loan agreement by and between the Issuer and the
Authority, on behalf of the Council, in form satisfactory to the Issuer, the Board, the Authority, and the
Council (the “Loan Agreement”), to be approved hereby if not previously approved by resolution of the
Issuer.
G.
The Issuer will have the following Outstanding obligations which will rank on a
parity with the Series 2026 A Bonds as to liens, pledge, source of and security for payment, being the
Issuer’s (collectively, the “Prior Bonds”):
2
32046556.2
19

Item 9A.

Combined Utility System Revenue Bonds, Series 2000 B (West Virginia Infrastructure
Fund), dated February 29, 2000, issued in the original aggregate principal amount of $2,488,000 (the
“Series 2000 B Bonds”);
Combined Utility System Revenue Bonds, Series 2006 A (West Virginia SRF Program),
dated June 30, 2006, issued in the original aggregate principal amount of $6,410,191 (the “Series 2006 A
Bonds”);
Combined Utility System Revenue Bonds, Series 2007 A (West Virginia SRF Program),
dated August 14, 2007, issued in the original aggregate principal amount of $8,500,000 (the “Series 2007
A Bonds”);
Combined Utility System Revenue Bonds, Series 2010 C (West Virginia SRF Program),
dated January 28, 2010, issued in the original aggregate principal amount of $15,380,227 (the “Series
2010 C Bonds”);
Combined Utility System Revenue Bonds, Series 2010 D (West Virginia DWTRF
Program), dated January 28, 2010, issued in the original aggregate principal amount of $9,317,286;
Combined Utility System Revenue Bond, Series 2010 E (West Virginia DWTRF
Program/ARRA), dated January 28, 2010, issued in the original aggregate principal amount of $100,000
(the “Series 2010 E Bonds”);
Combined Utility System Revenue Bonds, Series 2012 A (West Virginia DWTRF
Program), dated August 24, 2012, issued in the original aggregate principal amount of $570,000 (the
“Series 2012 A Bonds”);
Combined Utility System Revenue Bonds, Series 2013 A (West Virginia Infrastructure
Fund), dated August 22, 2013, issued in the original aggregate principal amount of $4,605,260 (the
“Series 2013 A Bonds”);
Combined Utility System Revenue Bonds, Series 2014 B, dated July 23, 2014, issued in
the original aggregate principal amount of $505,421 (the “Series 2014 B Bonds”);
Combined Utility System Revenue Bonds, Series 2015 A (West Virginia Water
Development Authority), dated March 31, 2015, issued in the original aggregate principal amount of
$137,568 (the “Series 2015 A Bonds”);
Combined Utility System Revenue Bonds, Series 2015 B (West Virginia Water
Development Authority), dated March 31, 2015, issued in the original aggregate principal amount of
$4,586 (the “Series 2015 B Bonds”);
Combined Utility System Revenue Bonds, Series 2015 C (West Virginia SRF Program),
dated March 31, 2015, issued in the original aggregate principal amount of $8,111,813 (the “Series 2015
C Bonds”);

3
32046556.2
20

Item 9A.

Combined Utility System Revenue Bonds, Series 2015 D (West Virginia SRF Program),
dated March 31, 2015, issued in the original aggregate principal amount of $1,688,394 (the “Series 2015
D Bonds”);
Combined Utility System Revenue Bonds, Series 2015 E (West Virginia SRF Program),
dated June 11, 2015, issued in the original aggregate principal amount of $662,300 (the “Series 2015 E
Bonds”);
Combined Utility System Revenue Bonds, Series 2016 A, dated December 1, 2016,
issued in the aggregate principal amount of $69,755,000 (the “Series 2016 A Bonds”);
Combined Utility System Revenue Bonds, Series 2016 B-1 (West Virginia SRF
Program), dated December 15, 2016, issued in the aggregate principal amount of $25,000,000 (the “Series
2016 B-1 Bonds”);
Combined Utility System Revenue Bonds, Series 2017 A (Bank Qualified), dated
December 21, 2017, issued in the original aggregate principal amount of $2,695,000 (the “Series 2017 A
Bonds”);
Combined Utility System Revenue Bonds, Series 2018 A (West Virginia Infrastructure
Fund), dated January 31, 2018, issued in the original aggregate principal amount of $394,074 (the “Series
2018 A Bonds”);
Combined Utility System Revenue Bonds, Series 2018 A-2 (West Virginia Infrastructure
Fund), dated July 10, 2018, issued in the original aggregate principal amount of $140,715 (the “Series
2018 A-2 Bonds”);
Combined Utility System Revenue Bonds, Series 2018 B (Tax-Exempt), dated June 28,
2018, issued in the original aggregate principal amount of $44,260,000 (the “Series 2018 B Bonds”);
Combined Utility System Revenue Bonds, Series 2019 B (West Virginia DWTRF
Program), dated October 22, 2019, issued in the original aggregate principal amount of $2,546,000 (the
“Series 2019 B Bonds”);
Combined Utility System Refunding Revenue Bonds, Series 2020 A (Tax Exempt), dated
October 29, 2020, issued in the original aggregate principal amount of $31,890,000 (the “Series 2020 A
Bonds”); and
Combined Utility System Revenue Bonds, Series 2024 A (West Virginia SRF Program),
dated December 10, 2024, issued in the original aggregate principal amount of $33,489,214 (the “Series
2024 A Bonds”); (collectively, the “Prior Bonds”).
The Issuer issued its Combined Utility System Revenue Bonds, Series 2024 B (West
Virginia SRF Program/Forgivable), dated December 10, 2024, in the original aggregate principal amount
of $500,000 (the “Series 2024 B Bonds”). The principal amounts of the Series 2024 B Bonds advanced
will be deemed forgiven on the 30th day of June of the Fiscal Year in which advanced. The Series 2024
B Bonds shall be deemed no longer Outstanding after the last advance is forgiven. The Series 2024 B
Bonds are not secured by the Gross Revenues or Net Revenues of the System.
4
32046556.2
21

Item 9A.

The Series 2026 A Bonds shall be issued on a parity with the Prior Bonds with respect to
liens, pledge and source of and security for payment and in all respects. Prior to the issuance of the Series
2026 A Bonds, the Issuer will obtain (i) a certificate of an Independent Certified Public Accountant
stating that the coverage and parity tests of the Prior Bonds are met, and (ii) the written consent of the
Holders of the Prior Bonds, if required, to the issuance of the Series 2026 A Bonds on a parity with the
Prior Bonds. The Series 2014 B Bonds, Series 2016 A Bonds, Series 2017 A Bonds, Series 2018 B Bonds
and Series 2020 A Bonds do not require written consent from the holders thereof. Other than the Prior
Bonds, there are no outstanding bonds or obligations of the Issuer which are secured by revenues or assets
of the System. The Issuer is in compliance with the covenants of the Prior Bonds and the Prior
Ordinances.
H.
The estimated revenues to be derived in each year after completion of the Project
from the operation of the System will be sufficient to pay all costs of operation and maintenance of the
System, the principal of and interest on the Bonds (as hereinafter defined) and to make all payments into
all funds, accounts and other payments provided for herein.
I.
The Issuer has complied with all requirements of West Virginia law and the Loan
Agreement relating to authorization of the acquisition and construction of the Project, the operation of the
System and issuance of the Series 2026 A Bonds, or will have so complied prior to issuance of any
thereof, including, among other things and without limitation, the approval of the Project and the
financing thereof by the West Virginia Infrastructure and Jobs Development Council.
J.
The Project has been reviewed and determined to be technically and financially
feasible by the West Virginia Infrastructure and Jobs Development Council as required under Chapter 31,
Article 15A of the West Virginia Code of 1931, as amended.
K.
Prior to commencing construction of the Project the Issuer will enact a Project
Ordinance in compliance with Chapter 24, Article 2, Paragraph 11 of the West Virginia Code of 1931, as
amended.
Section 1.03. Bond Legislation Constitutes Contract.
In consideration of the
acceptance of the Series 2026 A Bonds by those who shall be the Registered Owners of the same from
time to time, this Bond Legislation shall be deemed to be and shall constitute a contract between the
Issuer and such Bondholders, and the covenants and agreements herein set forth to be performed by the
Issuer shall be for the equal benefit, protection and security of the Registered Owners of any and all of
such Series 2026 A Bonds, all which shall be of equal rank and without preference, priority or distinction
between any one Bond of a series and any other Bonds of the same series, and by reason of priority of
issuance or otherwise, except as expressly provided therein and herein.
Section 1.04. Definitions. The following terms shall have the following meanings
herein unless the context expressly requires otherwise:
“Act” means, collectively, Chapter 8, Article 20 and Chapter 31, Article 15A of the
West Virginia Code of 1931, as amended and in effect on the date of enactment hereof.
“Authority” means the West Virginia Water Development Authority, which is expected
to be the original purchaser and Registered Owner of the Series 2026 A Bonds, or any other agency,
5
32046556.2
22

Item 9A.

board or department of the State of West Virginia that succeeds to the functions of the Authority, acting
in its administrative capacity and upon authorization from the Council under the Act.
“Authorized Officer” means the Mayor and/or City Manager of the Issuer, and in the
instance of the Board, the Chairman, the General Manager or the Assistant General Manager or any other
officer of the Issuer or the Board specifically designated by resolution of the Governing Body or the
Board, as appropriate.
“Board” means The City of Morgantown Utility Board, created by an ordinance of the
Issuer, or any successor thereto.
“Bondholder,” “Holder of the Bonds,” “Holder,” “Registered Owner” or any similar term
whenever used herein with respect to an Outstanding Bond or Bonds, means the person in whose name
such Bond is registered.
“Bond Legislation,” “Ordinance,” “Bond Ordinance” or “Local Act” means this Bond
Ordinance and all ordinances, orders and resolutions supplemental hereto or amendatory hereof.
“Bond Registrar” means the bank or other entity to be designated as such in the
Supplemental Resolution and its successors and assigns.
“Bonds” means, collectively, the Series 2026 A Bonds, the Prior Bonds, and, where
appropriate, any bonds on a parity therewith subsequently authorized to be issued hereunder or by another
ordinance of the Issuer.
“Bond Year” means the 12-month period beginning on the anniversary of the Closing
Date in each year and ending on the day prior to the anniversary date of the Closing Date in the following
year, except that the first Bond Year shall begin on the Closing Date.
“Cash Working Capital Reserve” means the cash working capital reserve required by
Chapter 24, Article 1, Section 1(k) of the Code of West Virginia, 1931, as amended.
“City Clerk” means the City Clerk of the Issuer.
“City Manager” means the City Manager of the Issuer.
“Closing Date” means the date upon which there is an exchange of the Series 2026 A
Bonds for all or a portion of the proceeds of the Series 2026 A Bonds from the Authority and the Council.
“Code” means the Internal Revenue Code of 1986, as amended, and the Regulations.
“Combined Utility System” means, collectively, the Potable Water System, the Sewer
System and the Stormwater System (all as defined herein) of the Issuer, as presently existing in its
entirety or any integral part thereof, and shall include any additions, betterments and improvements
hereafter acquired, constructed and/or equipped for the Potable Water System, the Sewer System or the
Stormwater System, located both within, and outside of, the Issuer’s corporate boundaries.

6
32046556.2
23

Item 9A.

“Commission” means the West Virginia Municipal Bond Commission or any other
agency of the State of West Virginia that succeeds to the functions of the Commission.
Regulations.

“Completion Date” means the completion date of the Project, as defined in the SRF

“Consulting Engineers” means either the qualified engineers employed by the Board or
any qualified engineer or firm of engineers, licensed by the State, that shall at any time hereafter be
procured by the Board as Consulting Engineers for the System, or portion thereof, in accordance with
Chapter 5G, Article 1 of the West Virginia Code of 1931, as amended; provided however, that the
Consulting Engineers shall not be a regular, full-time employee of the State or any of its agencies,
commissions, or political subdivisions.
“Costs” or “Costs of the Project” means those costs described in Section 1.02D hereof to
be a part of the cost of acquisition and construction of the Project as described in Section 1.02C hereof.
"Council" means the West Virginia Infrastructure and Jobs Development Council or any
successor thereto.
“Depository Bank” means the bank designated as such in the Supplemental Resolution,
and its successors and assigns, which shall be a member of FDIC.
“Depreciation Fund” means the Depreciation Fund created by the Prior Ordinances and
continued hereby.
“FDIC” means the Federal Deposit Insurance Corporation and any successor to the
functions of the FDIC.
“Fiscal Year” means each 12-month period beginning on July 1 and ending on the
succeeding June 30.
constituted.

“Governing Body” means the Council of the Issuer, as it may now or hereafter be

“Government Obligations” means direct obligations of, or obligations the timely payment
of the principal of and interest on which is guaranteed by, the United States of America.
“Gross Revenues” means the aggregate gross operating and non-operating revenues of
the System, as hereinafter defined, determined in accordance with generally accepted accounting
principles, after deduction of prompt payment discounts, if any, and reasonable provision for uncollectible
accounts; provided, that “Gross Revenues” does not include any gains from the sale or other disposition
of, or from any increase in the value of, capital assets (including Qualified Investments, as hereinafter
defined, purchased pursuant to Article 8.01 hereof) or any Tap Fees, as hereinafter defined.
“Herein,” “hereto” and similar words shall refer to this entire Bond Legislation.
“Independent Certified Public Accountants” means any certified public accountant or
firm of certified public accountants that shall at any time hereafter be retained by the Issuer to prepare an
7
32046556.2
24

Item 9A.

independent annual or special audit of the accounts of the System or for any other purpose except keeping
the accounts of the System in the normal operation of its business and affairs.
“Issuer” means The City of Morgantown, a municipal corporation and political
subdivision of the State of West Virginia, in Monongalia County, West Virginia, and, unless the context
clearly indicates otherwise, includes the Governing Body of the Issuer.
"Loan Agreement" means the Loan Agreement heretofore entered, or to be entered into,
by and between the Issuer and the Authority, on behalf of the Council, providing for the purchase of the
Series 2026 A Bonds from the Issuer by the Authority, the form of which shall be approved and the
execution and delivery by the Issuer authorized and directed or ratified by the Supplemental Resolution.
“Mayor” means the Mayor of the Issuer.
“Net Proceeds” means the face amount of the Series 2026 A Bonds, plus accrued interest
and premium, if any, less original issue discount, if any, and less proceeds, if any, deposited in the Series
2026 A Bonds Reserve Account.
“Net Revenues” means the balance of the Gross Revenues, remaining after deduction of
Operating Expenses, as hereinafter defined.
“Operating Expenses” means the reasonable, proper and necessary costs of repair,
maintenance and operation of the System and includes, without limiting the generality of the foregoing,
administrative, engineering, legal, auditing and insurance expenses, other than those capitalized as part of
the Costs, fees and expenses of the Authority, fiscal agents, the Depository Bank, the Registrar and the
Paying Agent (all as herein defined), other than those capitalized as part of the Costs, payments to
pension or retirement funds, taxes and such other reasonable operating costs and expenses as should
normally and regularly be included under generally accepted accounting principles; provided, that
“Operating Expenses” does not include payments on account of the principal of or redemption premium,
if any, or interest on the Bonds, charges for depreciation, losses from the sale or other disposition of, or
from any decrease in the value of, capital assets, amortization of debt discount or such miscellaneous
deductions as are applicable to prior accounting periods.
“Operation and Maintenance Fund” means the Operation and Maintenance Fund
established by the Prior Ordinances and continued hereby.
“Outstanding” when used with reference to Bonds and as of any particular date, describes
all Bonds theretofore and thereupon being authenticated and delivered, except (i) any Bond cancelled by
the Bond Registrar at or prior to said date; (ii) any Bond for the payment of which monies, equal to its
principal amount and redemption premium, if applicable, with interest to the date of maturity or
redemption shall be in trust hereunder and set aside for such payment (whether upon or prior to maturity);
(iii) any Bond deemed to have been paid as provided in Article X hereof; and (iv) for purposes of
consents or other action by a specified percentage of Bondholders, any Bonds registered to the Issuer.
“Parity Bonds” means additional Bonds issued under the provisions and within the
limitations prescribed by Section 7.07 hereof.

8
32046556.2
25

Item 9A.

“Paying Agent” means the Commission or other entity or authority designated as a
Paying Agent by the Issuer in the Supplemental Resolution, with the written consent of the Authority.
“Potable Water System” means, collectively the potable water production, storage and
distribution facilities of the System, which specifically includes, but is not limited to, the Issuer’s raw
water supply, storage and transmission, water treatment, and treated water storage and distribution, as
presently existing in its entirety or any integral part thereof, and shall include any further additions,
betterments and improvements thereto hereafter acquired, constructed and/or equipped for the Potable
Water System located both within, and outside of, the Issuer’s corporate boundaries.
“Prior Bonds” means, collectively, the Series 2000 B Bonds, Series 2006 A Bonds, Series
2007 A Bonds, Series 2010 C Bonds, Series 2010 D Bonds, Series 2010 E Bonds, Series 2012 A Bonds,
Series 2013 A Bonds, Series 2014 B Bonds, Series 2015 A Bonds, Series 2015 B Bonds, Series 2015 C
Bonds, Series 2015 D Bonds, Series 2015 E Bonds, Series 2016 A Bonds, Series 2016 B-1 Bonds, Series
2017 A Bonds, Series 2018 A Bonds, Series 2018 A-2 Bonds, Series 2018 B Bonds, Series 2019 B
Bonds, Series 2020 A Bonds and Series 2024 A Bonds.
“Prior Ordinances” means the ordinances authorizing the Prior Bonds.
“Project” means the Project as described in Section 1.02C hereof.

“Qualified Investments” means and includes any investment permitted to be made by a
municipality, public service district or public corporation of the State pursuant to State Law, specifically
including but not limited to Chapter 8, Article 13, Section 22 of the Code of West Virginia and the West
Virginia “consolidated fund” managed by the West Virginia Board of Treasury Investments pursuant to
Chapter 12, Article 6C of the Code of West Virginia.
“Registered Owner”, “Bondholder,” “Holder” or any similar term means whenever used
herein with respect to an Outstanding Bond or Bonds, the person in whose name such Bond is registered.
“Registrar” means the Bond Registrar.
“Regulations” means temporary and permanent regulations promulgated under the Code,
or any predecessor thereto.
“Renewal and Replacement Fund” means the Renewal and Replacement Fund
established by Prior Ordinances and continued hereby.
“Reserve Accounts” means, collectively, the reserve account established by Section 5.02
hereof for the Series 2026 A Bonds and the reserve accounts established for the Prior Bonds pursuant to
the Prior Ordinances.
“Reserve Requirement” means collectively, the respective amounts required to be on
deposit in any Reserve Account pursuant to this Ordinance and the Prior Ordinances.
hereby.

“Revenue Fund” means the Revenue Fund established by Prior Ordinances and continued

9
32046556.2
26

Item 9A.

“Series 2000 B Bonds” means the Issuer’s Combined Utility System Revenue Bonds,
Series 2000 B (West Virginia Infrastructure Fund), dated February 29, 2000, issued in the original
aggregate principal amount of $2,488,000.
“Series 2006 A Bonds” means the Issuer’s Combined Utility System Revenue Bonds,
Series 2006 A (West Virginia SRF Program), dated June 30, 2006, issued in the original aggregate
principal amount of $6,410,191.
“Series 2007 A Bonds” means the Issuer’s Combined Utility System Revenue Bonds,
Series 2007 A (West Virginia SRF Program), dated August 14, 2007, issued in the original aggregate
principal amount of $8,500,000.
“Series 2010 C Bonds” means the Issuer’s Combined Utility System Revenue Bonds,
Series 2010 C (West Virginia SRF Program), dated January 28, 2010, issued in the original aggregate
principal amount of $15,380,227.
“Series 2010 D Bonds” means the Issuer’s Combined Utility System Revenue Bonds,
Series 2010 D (West Virginia DWTRF Program), dated January 28, 2010, issued in the original aggregate
principal amount of $9,317,286.
“Series 2010 E Bonds” means the Issuer’s Combined Utility System Revenue Bond,
Series 2010 E (West Virginia DWTRF Program/ARRA), dated January 28, 2010, issued in the original
aggregate principal amount of $100,000.
“Series 2012 A Bonds” means the Issuer’s Combined Utility System Revenue Bonds,
Series 2012 A (West Virginia DWTRF Program), dated August 24, 2012, issued in the original aggregate
principal amount of $570,000.
“Series 2013 A Bonds” means the Issuer’s Combined Utility System Revenue Bonds,
Series 2013 A (West Virginia Infrastructure Fund), dated August 22, 2013, issued in the original
aggregate principal amount of $4,605,260.
“Series 2014 B Bonds” means the Issuer’s Combined Utility System Revenue Bonds,
Series 2014 B, dated July 23, 2014, issued in the original aggregate principal amount of $505,421.
“Series 2015 A Bonds” means the Issuer’s Combined Utility System Revenue Bonds,
Series 2015 A (West Virginia Water Development Authority), dated March 31, 2015, issued in the
original aggregate principal amount of $137,568.
“Series 2015 B Bonds” means the Issuer’s Combined Utility System Revenue Bonds,
Series 2015 B (West Virginia Water Development Authority), dated March 31, 2015, issued in the
original aggregate principal amount of $4,586.
“Series 2015 C Bonds” means the Issuer’s Combined Utility System Revenue Bonds,
Series 2015 C (West Virginia SRF Program), dated March 31, 2015, issued in the original aggregate
principal amount of $8,111,813.

10
32046556.2
27

Item 9A.

“Series 2015 D Bonds” means the Issuer’s Combined Utility System Revenue Bonds,
Series 2015 D (West Virginia SRF Program), dated March 31, 2015, issued in the original aggregate
principal amount of $1,688,394.
“Series 2015 E Bonds” means the Issuer’s Combined Utility System Revenue Bonds,
Series 2015 E (West Virginia SRF Program), dated June 11, 2015, issued in the original aggregate
principal amount of $662,300.
“Series 2016 A Bonds” means the Issuer’s Combined Utility System Revenue Bonds,
Series 2016 A, dated December 1, 2016, issued in the aggregate principal amount of $69,755,000.
“Series 2016 B-1 Bonds” means the Issuer’s Combined Utility System Revenue Bonds,
Series 2016 B-1 (West Virginia SRF Program), dated December 15, 2016, issued in the aggregate
principal amount of $25,000,000.
“Series 2017 A Bonds” means the Issuer’s Combined Utility System Revenue Bonds,
Series 2017 A (Bank Qualified), dated December 21, 2017, issued in the original aggregate principal
amount of $2,695,000.
“Series 2018 A Bonds” means the Issuer’s Combined Utility System Revenue Bonds,
Series 2018 A (West Virginia Infrastructure Fund), dated January 31, 2018, issued in the original
aggregate principal amount of $394,074.
“Series 2018 A-2 Bonds” means the Issuer’s Combined Utility System Revenue Bonds,
Series 2018 A-2 (West Virginia Infrastructure Fund), dated July 10, 2018, issued in the original aggregate
principal amount of $140,715.
“Series 2018 B Bonds” means the Issuer’s Combined Utility System Revenue Bonds,
Series 2018 B (Tax-Exempt), dated June 28, 2018, issued in the original aggregate principal amount of
$44,260,000.
“Series 2019 B Bonds” means the Issuer’s Combined Utility System Revenue Bonds,
Series 2019 B (West Virginia DWTRF Program), dated October 22, 2019, issued in the original aggregate
principal amount of $2,546,000.
“Series 2020 A Bonds” means the Issuer’s Combined Utility System Refunding Revenue
Bonds, Series 2020 A (Tax Exempt), dated October 29, 2020, issued in the original aggregate principal
amount of $31,890,000.
“Series 2024 A Bonds” means the Issuer’s Combined Utility System Revenue Bonds,
Series 2024 A (West Virginia SRF Program), dated December 10, 2024, issued in the original aggregate
principal amount of $33,489,214.
“Series 2024 B Bonds” means the Issuer’s Combined Utility System Revenue Bonds,
Series 2024 B (West Virginia SRF Program/Forgivable), dated December 10, 2024, issued in the original
aggregate principal amount of $500,000.

11
32046556.2
28

Item 9A.

“Series 2026 A Bonds” means the Combined Utility System Revenue Bonds, Series 2026
A (West Virginia Infrastructure Fund), of the Issuer, authorized by this Bond Legislation.
“Series 2026 A Bonds Reserve Account” means the Series 2026 A Bonds Reserve
Account established by Section 5.02 hereof.
“Series 2026 A Bonds Reserve Requirement” means, as of any date of calculation, the
maximum amount of principal and interest which will become due on the Series 2026 A Bonds in the
then current or any succeeding year.
“Series 2026 A Bonds Sinking Fund” means the Series 2026 A Bonds Sinking Fund
established by Section 5.02 hereof.
“Series 2026 A Bonds Construction Trust Fund” means the Series 2026 A Bonds
Construction Trust Fund established by Section 5.01 hereof.
“Sewer System” means, collectively, the sanitary sewerage collection and treatment
facilities of the System which specifically includes, but is not limited to, collection lines, transmission
mains, pump stations, manholes, and wastewater treatment plants, as presently existing in its entirety or
any integral part thereof, and shall include any additions, betterments and improvements thereto
hereinafter acquired, constructed and/or equipped for the Sewer System, located both within, and outside
of, the Issuer’s corporate boundaries.
"Sinking Funds" means, collectively, the respective sinking funds established for the
Prior Bonds and the Series 2026 A Bonds.
“State” means the State of West Virginia.
“Stormwater System” means, collectively, the stormwater management and conveyance
facilities of the System which specifically includes, but is not limited to, pipe, culverts, channels and
watercourses, as presently existing in its entirety or any integral part thereof, and shall include any
additions, betterments and improvements thereto hereinafter acquired, constructed and/or equipped for the
Stormwater System, located both within, and outside of, the Issuer’s corporate boundaries.
“Supplemental Resolution” means any resolution, ordinance or order of the Issuer
supplementing or amending this Ordinance and, when preceded by the article “the,” refers specifically to
the supplemental resolution authorizing the sale of the Series 2026 A Bonds; provided, that any matter
intended by this Ordinance to be included in the Supplemental Resolution with respect to the Series 2026
A Bonds, and not so included may be included in another Supplemental Resolution.
“Surplus Revenues” means the Net Revenues not required by the Bond Legislation to be
set aside and held for the payment of or security for the Prior Bond or Bonds or any other obligation of
the Issuer, including, without limitation, the Renewal and Replacement Fund, the Cash Working Capital
Reserve, the Sinking Funds and the Reserve Accounts.
“System” means, collectively, the complete existing Combined Utility System of the
Issuer, and shall include the Project, any additions, betterments and improvements thereto hereafter
acquired or constructed for said Combined Utility System from any sources whatsoever, both within and
12
32046556.2
29

Item 9A.

without the Issuer.
“Tap Fees” means the fees, if any, paid by prospective customers of the System in order
to connect thereto.
"West Virginia Infrastructure Fund" means the West Virginia Infrastructure Fund
established in accordance with Chapter 31, Article 15A, Section 9 of the West Virginia Code of 1931, as
amended and in effect on the date of adoption hereof.
Additional terms and phrases are defined in this Ordinance as they are used. Words
importing singular number shall include the plural number in each case and vice versa; words importing
persons shall include firms and corporations; and words importing the masculine, feminine or neutral
gender shall include any other gender.
ARTICLE II
AUTHORIZATION OF ACQUISITION AND CONSTRUCTION
OF THE PROJECT
Section 2.01. Authorization of Acquisition and Construction of the Project. There is
hereby authorized and ordered the acquisition and construction of the Project, at an estimated cost not to
exceed $6,600,000 in accordance with the plans and specifications which have been prepared by the
Consulting Engineers, heretofore filed in the office of the City Clerk. The proceeds of the Series 2026 A
Bonds hereby authorized shall be applied as provided in Article VI hereof. The Issuer has received or
will receive bids and will enter into contracts for the acquisition and construction of the Project,
compatible with the financing plan submitted to the Council.
The Cost of the Project is estimated not to exceed $6,600,000, of which up to $1,700,000
will be obtained from the proceeds of the Series 2026 A Bonds, $500,000 is currently committed from a
Council grant, $29,420 is currently committed as a Board contribution, $52,000 is currently committed as
a grant from the Monongalia County Commission, and $3,306,700 is anticipated to be obtained from an
AML grant through the West Virginia Department of Environmental Protection.
ARTICLE III
AUTHORIZATION, TERMS, EXECUTION, REGISTRATION AND
SALE OF BONDS; AUTHORIZATION AND EXECUTION OF LOAN AGREEMENT
Section 3.01. Authorization of Bonds. For the purposes of paying the Costs of the
Project not otherwise provided for and paying certain costs of issuance of the Series 2026 A Bonds and
related costs, or any or all of such purposes, as determined by the Supplemental Resolution, there shall be
and hereby are authorized to be issued the negotiable Series 2026 A Bonds of the Issuer. The Series 2026
A Bonds shall be issued in one series, as a single bond, designated respectively as "Combined Utility
System Revenue Bonds, Series 2026 A (West Virginia Infrastructure Fund)", in the principal amount of
not more than $1,700,000, and shall have such terms as set forth hereinafter and in the Supplemental
Resolution. The proceeds of the Series 2026 A Bonds remaining after funding of the Series 2026 A
Bonds Reserve Account (if funded from Bond proceeds) and capitalization of interest, if any, shall be
13
32046556.2
30

Item 9A.

deposited in or credited to the Series 2026 A Bonds Construction Trust Fund established by Section 5.01
hereof.
Section 3.02. Terms of Bonds. The Series 2026 A Bonds shall be issued in such
principal amounts; shall bear interest, if any, at such rate or rates, not exceeding the then legal maximum,
payable quarterly on such dates; shall mature on such dates and in such amounts; and shall be redeemable,
in whole or in part, all as the Issuer shall prescribe in a Supplemental Resolution or as specifically
provided in the Loan Agreement. The Series 2026 A Bonds shall be payable as to principal at the office
of the Paying Agent, in any coin or currency which, on the dates of payment of principal is legal tender
for the payment of public or private debts under the laws of the United States of America. Interest, if any,
on the Series 2026 A Bonds shall be paid by check or draft of the Paying Agent or its agent, mailed to the
Registered Owner thereof at the address as it appears on the books of the Bond Registrar, or by such other
method as shall be mutually agreeable so long as the Authority is the Registered Owner thereof.
Unless otherwise provided by the Supplemental Resolution, the Series 2026 A Bonds
shall initially be issued in the form of a single bond, fully registered and delivered to the Authority, with a
record of advances and a debt service schedule attached, representing the aggregate principal amount, and
shall mature in principal installments, all as provided in the Supplemental Resolution. The Series 2026 A
Bonds shall be exchangeable at the option and expense of the Registered Owner for another fully
registered Bond or Bonds of the same series in aggregate principal amount equal to the amount of said
Bonds then Outstanding and being exchanged, with principal installments or maturities, as applicable,
corresponding to the dates of payment of principal installments of said Bonds; provided, that the
Authority shall not be obligated to pay any expenses of such exchange.
Subsequent series of Bonds, if any, shall be issued in fully registered form and in
denominations as determined by a Supplemental Resolution. Such Bonds shall be dated and shall bear
interest as specified in a Supplemental Resolution.
Section 3.03. Execution of Bonds. The Series 2026 A Bonds shall be executed in the
name of the Issuer by the Mayor and City Manager, and the seal of the Issuer shall be affixed thereto or
imprinted thereon and attested by the City Clerk. In case any one or more of the officers who shall have
signed or sealed the Series 2026 A Bonds shall cease to be such officer of the Issuer before the Series
2026 A Bonds so signed and sealed have been actually sold and delivered, such Bonds may nevertheless
be sold and delivered as herein provided and may be issued as if the person who signed or sealed such
Bonds had not ceased to hold such office. Any Series 2026 A Bonds may be signed and sealed on behalf
of the Issuer by such person as at the actual time of the execution of such Bonds shall hold the proper
office in the Issuer, although at the date of the authorization of such Bonds such person may not have held
such office or may not have been so authorized.
Section 3.04. Authentication and Registration. No Series 2026 A Bonds shall be valid
or obligatory for any purpose or entitled to any security or benefit under this Bond Legislation unless and
until the Certificate of Authentication and Registration on such Bond, substantially in the form set forth in
Section 3.10 hereof shall have been manually executed by the Bond Registrar. Any such executed
Certificate of Authentication and Registration upon any such Bond shall be conclusive evidence that such
Bond has been authenticated, registered and delivered under this Bond Legislation. The Certificate of
Authentication and Registration on any Series 2026 A Bonds shall be deemed to have been executed by
the Bond Registrar if manually signed by an authorized officer of the Bond Registrar, but it shall not be
14
32046556.2
31

Item 9A.

necessary that the same officer sign the Certificate of Authentication and Registration on all of the Bonds
issued hereunder.
Section 3.05. Negotiability, Transfer and Registration. Subject to the provisions for
transfer of registration set forth below, the Series 2026 A Bonds shall be and have all of the qualities and
incidents of negotiable instruments under the Uniform Commercial Code of the State of West Virginia,
and each successive Holder, in accepting the Series 2026 A Bonds shall be conclusively deemed to have
agreed that such Bonds shall be and have all of the qualities and incidents of negotiable instruments under
the Uniform Commercial Code of the State of West Virginia, and each successive Holder shall further be
conclusively deemed to have agreed that said Bonds shall be incontestable in the hands of a bona fide
Holder for value.
So long as the Series 2026 A Bonds remain Outstanding, the Issuer, through the Bond
Registrar as its agent, shall keep and maintain books for the registration and transfer of the Series 2026 A
Bonds.
The registered Series 2026 A Bonds shall be transferable only upon the books of the
Bond Registrar, by the Registered Owner thereof in person or by his attorney duly authorized in writing,
upon surrender thereto together with a written instrument of transfer satisfactory to the Bond Registrar
duly executed by the Registered Owner or his duly authorized attorney.
In all cases in which the privilege of exchanging or transferring the registered Series 2026
A Bonds are exercised, all Series 2026 A Bonds shall be delivered in accordance with the provisions of
this Bond Legislation. All Series 2026 A Bonds surrendered in any such exchanges or transfers shall
forthwith be cancelled by the Bond Registrar. For every such exchange or transfer of Series 2026 A
Bonds, the Bond Registrar may make a charge sufficient to reimburse it for any tax, fee or other
governmental charge required to be paid with respect to such exchange or transfer and the cost of
preparing each new Bond upon each exchange or transfer, and any other expenses of the Bond Registrar
incurred in connection therewith, which sum or sums shall be paid by the Issuer. The Bond Registrar
shall not be obliged to make any such exchange or transfer of Series 2026 A Bonds during the period
commencing on the 15th day of the month next preceding an interest payment date on the Series 2026 A
Bonds or, in the case of any proposed redemption of Series 2026 A Bonds, next preceding the date of the
selection of Bonds to be redeemed, and ending on such interest payment date or redemption date.
Section 3.06. Bonds Mutilated, Destroyed, Stolen or Lost. In case any Series 2026 A
Bonds shall become mutilated or be destroyed, stolen or lost, the Issuer may, in its discretion, issue, and
the Bond Registrar shall, if so advised by the Issuer, authenticate and deliver, a new Bond of the same
series and of like tenor as the Bonds so mutilated, destroyed, stolen or lost, in exchange and substitution
for such mutilated Bond, upon surrender and cancellation of such mutilated Bond, or in lieu of and
substitution for the Bond destroyed, stolen or lost, and upon the Holder’s furnishing satisfactory
indemnity and complying with such other reasonable regulations and conditions as the Issuer may
prescribe and paying such expenses as the Issuer and the Bond Registrar may incur. All Bonds so
surrendered shall be cancelled by the Bond Registrar and held for the account of the Issuer. If any such
Bond shall have matured or be about to mature, instead of issuing a substitute Bond, the Issuer may pay
the same, upon being indemnified as aforesaid, and if such Bond be lost, stolen or destroyed, without
surrender thereof.

15
32046556.2
32

Item 9A.

Section 3.07. Bonds not to be Indebtedness of the Issuer. The Series 2026 A Bonds
shall not, in any event, be or constitute a corporate indebtedness of the Issuer within the meaning of any
constitutional or statutory provision or limitation, but such Series 2026 A Bonds shall be payable solely
from the Gross Revenues derived from the operation of the System as herein provided. No Holder or
Holders of the Series 2026 A Bonds shall ever have the right to compel the exercise of the taxing power
of the Issuer to pay the Series 2026 A Bonds or the interest, if any, thereon.
Section 3.08. Series 2026 A Bonds Secured by Pledge of Gross Revenues. The
payment of the debt service on the Series 2026 A Bonds shall be secured forthwith equally and ratably by
a first lien on the Gross Revenues derived from the operation of the System on a parity with the Prior
Bonds. Such Gross Revenues in an amount sufficient to pay the principal of and interest, if any, on and
other payments for the Series 2026 A Bonds and to make the payments into all funds and accounts and all
other payments provided for in the Bond Legislation, are hereby irrevocably pledged to such payments as
the same become due.
Section 3.09. Delivery of Bonds. The Issuer shall execute and deliver the Series 2026
A Bonds to the Bond Registrar, and the Bond Registrar shall authenticate, register and deliver the Series
2026 A Bonds to the original purchasers upon receipt of the documents set forth below:
A.

If other than the Authority, a list of the names in which the
Series 2026 A Bonds are to be registered upon original issuance,
together with such taxpayer identification and other information
as the Bond Registrar may reasonably require;

B.

A request and authorization to the Bond Registrar on behalf of
the Issuer, signed by an Authorized Officer, to authenticate and
deliver the Series 2026 A Bonds to the original purchasers;

C.

An executed and certified copy of the Bond Legislation;

D.

An executed copy of the Loan Agreement; and

E.

The unqualified approving opinions of bond counsel on the
Series 2026 A Bonds.

Section 3.10. Form of Bonds. The text of the Series 2026 A Bonds shall be in
substantially the following form, with such omissions, insertions and variations as may be necessary and
desirable and authorized or permitted hereby, or by any Supplemental Resolution adopted prior to the
issuance thereof:

[Remainder of Page Intentionally Blank]

16
32046556.2
33

Item 9A.

(FORM OF SERIES 2026 A BOND)
UNITED STATES OF AMERICA
STATE OF WEST VIRGINIA
THE CITY OF MORGANTOWN
COMBINED UTILITY SYSTEM REVENUE BONDS, SERIES 2026 A
(WEST VIRGINIA INFRASTRUCTURE FUND)
No. AR-1

$____________

KNOW ALL PERSONS BY THESE PRESENTS: The ____ day of _______, 2026, that
THE CITY OF MORGANTOWN, a municipal corporation and political subdivision of the State of
West Virginia in Monongalia County of said State (the “Issuer”), for value received, hereby promises to
pay, solely from the special funds provided therefor, as hereinafter set forth, to the WEST VIRGINIA
WATER DEVELOPMENT AUTHORITY (the “Authority”) or registered assigns the sum of
DOLLARS ($____________), or such lesser amount as
shall have been advanced to the Issuer hereunder and not previously repaid, as set forth in the “Record of
Advances” attached as EXHIBIT A hereto and incorporated herein by reference, in quarterly installments
on March 1, June 1, September 1 and December 1 of each year, commencing ___________ 1, 20____, to
and including ________ 1, 20____ as set forth on the “Debt Service Schedule” attached as EXHIBIT B
hereto and incorporated herein by reference with interest of ____% payable quarterly on March 1, June 1,
September 1 and December 1 of each year, commencing _______________ 1, 20___, to and including
_________ 1, 20___ as set forth on the "Debt Service Schedule" attached as EXHIBIT B hereto and
incorporated herein by reference.
Principal installments of this Bond are payable in any coin or currency which, on the
respective dates of payment of such installments, is legal tender for the payment of public and private
debts under the laws of the United States of America, at the office of the West Virginia Municipal Bond
Commission, Charleston, West Virginia (the “Paying Agent”). The interest on this bond is payable by
check or draft of the Paying Agent mailed to the Registered Owner hereof at the address as it appears on
the books of United Bank, Charleston, West Virginia, as registrar (the “Registrar”), on the 15th day of the
next month preceding an interest payment date, or such other method as shall be mutually agreeable so
long as the Authority is the Registered Owner hereof.
This Bond may be redeemed prior to its stated date of maturity in whole or in part, but
only with the express written consent of the Authority on behalf of the West Virginia Infrastructure and
Jobs Development Council (the "Council"), and upon the terms and conditions prescribed by, and
otherwise in compliance with, the Loan Agreement (the “Loan Agreement”) by and between the Issuer
and the Authority on behalf of the Council, dated _____________, 2026.
This Bond is issued (i) to pay the costs of acquisition and construction of certain
additions, betterments and improvements to the waterworks portion of the existing public combined
waterworks, sewerage and stormwater system of the Issuer (the “Project”); and (ii) to pay certain costs of
issuance of the Bonds of this series (the “Bonds”) and related costs. The existing public waterworks,
sewerage and stormwater system of the Issuer, the Project, and any further extensions, additions,
17
32046556.2
34

Item 9A.

betterments or improvements thereto are herein called the “System”. This Bond is issued under the
authority of and in full compliance with the Constitution and statutes of the State of West Virginia,
including particularly Chapter 8, Article 20 and Chapter 31, Article 15A of the West Virginia Code of
1931, as amended (collectively, the “Act”), a Bond Ordinance duly enacted by the Issuer on
, 2026, and a Supplemental Resolution duly adopted by the Issuer on ____________, 2026
(collectively, the “Bond Legislation”), and is subject to all the terms and conditions thereof. The Bond
Legislation provides for the issuance of additional bonds under certain conditions, and such bonds would
be entitled to be paid and secured equally and ratably from and by the funds and revenues and other
security provided for the Bonds under the Bond Legislation.
THIS BOND IS ISSUED ON A PARITY AS TO LIENS, PLEDGE AND SOURCE OF
AND SECURITY FOR PAYMENT WITH THE ISSUER’S (COLLECTIVELY, THE “PRIOR
BONDS”):
Combined Utility System Revenue Bonds, Series 2000 B (West Virginia Infrastructure
Fund), dated February 29, 2000, issued in the original aggregate principal amount of $2,488,000 (the
“Series 2000 B Bonds”);
Combined Utility System Revenue Bonds, Series 2006 A (West Virginia SRF Program),
dated June 30, 2006, issued in the original aggregate principal amount of $6,410,191 (the “Series 2006 A
Bonds”);
Combined Utility System Revenue Bonds, Series 2007 A (West Virginia SRF Program),
dated August 14, 2007, issued in the original aggregate principal amount of $8,500,000 (the “Series 2007
A Bonds”);
Combined Utility System Revenue Bonds, Series 2010 C (West Virginia SRF Program),
dated January 28, 2010, issued in the original aggregate principal amount of $15,380,227 (the “Series
2010 C Bonds”);
Combined Utility System Revenue Bonds, Series 2010 D (West Virginia DWTRF
Program), dated January 28, 2010, issued in the original aggregate principal amount of $9,317,286;
Combined Utility System Revenue Bond, Series 2010 E (West Virginia DWTRF
Program/ARRA), dated January 28, 2010, issued in the original aggregate principal amount of $100,000
(the “Series 2010 E Bonds”);
Combined Utility System Revenue Bonds, Series 2012 A (West Virginia DWTRF
Program), dated August 24, 2012, issued in the original aggregate principal amount of $570,000 (the
“Series 2012 A Bonds”);
Combined Utility System Revenue Bonds, Series 2013 A (West Virginia Infrastructure
Fund), dated August 22, 2013, issued in the original aggregate principal amount of $4,605,260 (the
“Series 2013 A Bonds”);
Combined Utility System Revenue Bonds, Series 2014 B, dated July 23, 2014, issued in
the original aggregate principal amount of $505,421 (the “Series 2014 B Bonds”);
18
32046556.2
35

Item 9A.

Combined Utility System Revenue Bonds, Series 2015 A (West Virginia Water
Development Authority), dated March 31, 2015, issued in the original aggregate principal amount of
$137,568 (the “Series 2015 A Bonds”);
Combined Utility System Revenue Bonds, Series 2015 B (West Virginia Water
Development Authority), dated March 31, 2015, issued in the original aggregate principal amount of
$4,586 (the “Series 2015 B Bonds”);
Combined Utility System Revenue Bonds, Series 2015 C (West Virginia SRF Program),
dated March 31, 2015, issued in the original aggregate principal amount of $8,111,813 (the “Series 2015
C Bonds”);
Combined Utility System Revenue Bonds, Series 2015 D (West Virginia SRF Program),
dated March 31, 2015, issued in the original aggregate principal amount of $1,688,394 (the “Series 2015
D Bonds”);
Combined Utility System Revenue Bonds, Series 2015 E (West Virginia SRF Program),
dated June 11, 2015, issued in the original aggregate principal amount of $662,300 (the “Series 2015 E
Bonds”);
Combined Utility System Revenue Bonds, Series 2016 A, dated December 1, 2016,
issued in the aggregate principal amount of $69,755,000 (the “Series 2016 A Bonds”);
Combined Utility System Revenue Bonds, Series 2016 B-1 (West Virginia SRF
Program), dated December 15, 2016, issued in the aggregate principal amount of $25,000,000 (the “Series
2016 B-1 Bonds”);
Combined Utility System Revenue Bonds, Series 2017 A (Bank Qualified), dated
December 21, 2017, issued in the original aggregate principal amount of $2,695,000 (the “Series 2017 A
Bonds”);
Combined Utility System Revenue Bonds, Series 2018 A (West Virginia Infrastructure
Fund), dated January 31, 2018, issued in the original aggregate principal amount of $394,074 (the “Series
2018 A Bonds”);
Combined Utility System Revenue Bonds, Series 2018 A-2 (West Virginia Infrastructure
Fund), dated July 10, 2018, issued in the original aggregate principal amount of $140,715 (the “Series
2018 A-2 Bonds”);
Combined Utility System Revenue Bonds, Series 2018 B (Tax-Exempt), dated June 28,
2018, issued in the original aggregate principal amount of $44,260,000 (the “Series 2018 B Bonds”);
Combined Utility System Revenue Bonds, Series 2019 B (West Virginia DWTRF
Program), dated October 22, 2019, issued in the original aggregate principal amount of $2,546,000 (the
“Series 2019 B Bonds”);

19
32046556.2
36

Item 9A.

Combined Utility System Refunding Revenue Bonds, Series 2020 A (Tax Exempt), dated
October 29, 2020, issued in the original aggregate principal amount of $31,890,000 (the “Series 2020 A
Bonds”); and
Combined Utility System Revenue Bonds, Series 2024 A (West Virginia SRF Program),
dated December 10, 2024, issued in the original aggregate principal amount of $33,489,214 (the “Series
2024 A Bonds”).
This Bond is payable only from and secured by a pledge of the Gross Revenues (as
defined in the Bond Legislation) to be derived from the operation of the System on a parity with the Prior
Bonds, and from monies in the Reserve Account created under the Bond Legislation for the Bonds (the
“Series 2026 A Bonds Reserve Account”), and unexpended proceeds of the Bonds. Such Gross Revenues
shall be sufficient to pay the principal of and interest, if any, on all bonds which may be issued pursuant
to the Act and which shall be set aside as a special fund hereby pledged for such purpose. This Bond does
not constitute a corporate indebtedness of the Issuer within the meaning of any constitutional or statutory
provisions or limitations, nor shall the Issuer be obligated to pay the same or the interest, if any, hereon,
except from said special fund provided from the Gross Revenues, the monies in the Series 2026 A Bonds
Reserve Account and unexpended proceeds of the Bonds. Pursuant to the Bond Legislation, the Issuer
has covenanted and agreed to establish and maintain just and equitable rates and charges for the use of the
System and the services rendered thereby, which shall be sufficient, together with other revenues of the
System, to provide for the reasonable expenses of operation, repair and maintenance of the System, and to
leave a balance each year equal to at least 115% of the maximum amount payable in any year for
principal of and interest, if any, on the Bonds, the Prior Bonds and all other obligations secured by a lien
on or payable from such revenues on a parity with the Bonds; provided however, that so long as there
exists in the Series 2026 A Bonds Reserve Account an amount at least equal to the maximum amount of
principal and interest, if any, which will become due on the Bonds in the then current or any succeeding
year, and in the respective reserve accounts established for any other obligations Outstanding on a parity
with or junior and subordinate, to the Bonds, including the Prior Bonds, an amount at least equal to the
requirement therefore, such percentage may be reduced to 110%. The Issuer has entered into certain
further covenants with the Registered Owners of the Bonds for the terms of which reference is made to
the Bond Legislation. Remedies provided the Registered Owners of the Bonds are exclusively as
provided in the Bond Legislation, to which reference is here made for a detailed description thereof.
Subject to the registration requirements set forth herein, this Bond is transferable, as
provided in the Bond Legislation, only upon the books of the Registrar (as defined in the Bond
Legislation), by the Registered Owner, or by its attorney duly authorized in writing, upon the surrender of
this Bond, together with a written instrument of transfer satisfactory to the Registrar, duly executed by the
Registered Owner or its attorney duly authorized in writing.
Subject to the registration requirements set forth herein, this Bond, under the provision of
the Act is, and has all the qualities and incidents of, a negotiable instrument under the Uniform
Commercial Code of the State of West Virginia.
All money received from the sale of this Bond, after reimbursement and repayment of all
amounts advanced for preliminary expenses as provided by law and the Bond Legislation, shall be applied
solely to payment of the Costs of the Project and costs of issuance hereof described in the Bond
Legislation, and there shall be and hereby is created and granted a lien upon such monies, until so applied,
in favor of the Registered Owner of this Bond.
20
32046556.2
37

Item 9A.

IT IS HEREBY CERTIFIED, RECITED AND DECLARED that all acts, conditions and
things required to exist, happen and be performed precedent to and at the issuance of this Bond do exist,
have happened, and have been performed in due time, form and manner as required by law, and that the
amount of this Bond, together with all other obligations of the Issuer, does not exceed any limit
prescribed by the Constitution or statutes of the State of West Virginia and that a sufficient amount of the
Gross Revenues of the System has been pledged to and will be set aside into said special fund by the
Issuer for the prompt payment of the principal and interest, if any, on of this Bond.
All provisions of the Bond Legislation, resolutions and statutes under which this Bond is
issued shall be deemed to be a part of the contract evidenced by this Bond to the same extent as if written
fully herein.

[Remainder of Page Intentionally Blank]

21
32046556.2
38

Item 9A.

IN WITNESS WHEREOF, THE CITY OF MORGANTOWN has caused this Bond to be
signed by its Mayor and City Manager, and its corporate seal to be hereunto affixed and attested by its
City Clerk, and has caused this Bond to be dated the day and year first written above.
[SEAL]
Mayor

City Manager

ATTEST:

City Clerk

22
32046556.2
39

Item 9A.

CERTIFICATE OF AUTHENTICATION AND REGISTRATION
This Bond is one of the Series 2026 A Bonds described in the within-mentioned Bond
Legislation and has been duly registered in the name of the Registered Owner set forth above, as of the
date set forth below.
Date: _______________, 2026.
UNITED BANK,
as Registrar

Authorized Officer

23
32046556.2
40

Item 9A.

EXHIBIT A
RECORD OF ADVANCES
AMOUNT

DATE

AMOUNT

(1)

$

(21)

$

(2)

$

(22)

$

(3)

$

(23)

$

(4)

$

(24)

$

(5)

$

(25)

$

(6)

$

(26)

$

(7)

$

(27)

$

(8)

$

(28)

$

(9)

$

(29)

$

(10)

$

(30)

$

(11)

$

(31)

$

(12)

$

(32)

$

(13)

$

(33)

$

(14)

$

(34)

$

(15)

$

(35)

$

(16)

$

(36)

$

(17)

$

(37)

$

(18)

$

(38)

$

(19)

$

(39)

$

(20)

$

(40)

$

DATE

TOTAL $

24
32046556.2
41

Item 9A.

EXHIBIT B
DEBT SERVICE SCHEDULE

25
32046556.2
42

Item 9A.

(Form of)
ASSIGNMENT
FOR VALUE RECEIVED the undersigned sells, assigns, and transfers unto
____________________________________________________________________________
the
within
Bond
and
does
hereby
irrevocably
constitute
and
appoint
_____________________________________________, Attorney to transfer the said Bond on the books
kept for registration of the within Bond of the said Issuer with full power of substitution in the premises.
Dated: _______________, 20____.

_________________________________
In the presence of:
______________________________

26
32046556.2
43

Item 9A.

Section 3.11. Sale of Bonds; Approval and Ratification of Execution of Loan
Agreement. The Series 2026 A Bonds shall be sold to the Authority, pursuant to the terms and conditions
of the Loan Agreement. If not so authorized by previous ordinance or resolution, the Mayor and City
Manager are specifically authorized and directed to execute the Loan Agreement, and the City Clerk is
directed to affix the seal of the Issuer, attest the same and deliver the Loan Agreement to the Authority,
and any such prior execution and delivery is hereby authorized, approved, ratified and confirmed.
Section 3.12. “Amended Schedule” Filing. Upon completion of the acquisition and
construction of the Project, the Board will file with the Council and the Authority a schedule for the
Series 2026 A Bonds setting forth the actual Costs of the Project and sources of funds therefor.
ARTICLE IV
[RESERVED]
ARTICLE V
FUNDS AND ACCOUNTS; SYSTEM REVENUES AND APPLICATION THEREOF
Section 5.01. Establishment of Funds and Accounts with Depository Bank. The
following special funds or accounts are hereby created with (or continued if previously established by
Prior Ordinances) and shall be held by the Depository Bank, separate and apart from all other funds or
accounts of the Depository Bank and the Issuer or the Board and from each other and used solely for the
purposes provided herein:
(1)

Revenue Fund (established by Prior Ordinances);

(2)

Depreciation Fund (established by the Prior Ordinances);

(3)

Operation and Maintenance Fund (established by the Prior Ordinances);

(4)

Renewal and Replacement Fund (established by Prior Ordinances);

(5)

Cash Working Capital Reserve (established by Prior Ordinances); and

(6)

Series 2026 A Bonds Construction Trust Fund.

Section 5.02. Establishment of Funds and Accounts with Commission. The following
special funds or accounts are hereby created with (or continued if previously established by Prior
Ordinances) and shall be held by the Commission, separate and apart from all other funds or accounts of
the Commission, the Issuer and the Board and from each other:
(1) Series 2000 B Bonds Sinking Fund (established by Prior Ordinances);
27
32046556.2
44

Item 9A.

(2) Series 2000 B Bonds Reserve Account (established by Prior Ordinances);
(3) Series 2006 A Bonds Sinking Fund (established by Prior Ordinances);
(4) Series 2006 A Bonds Reserve Account (established by Prior Ordinances);
(5) Series 2007 A Bonds Sinking Fund (established by Prior Ordinances);
(6) Series 2007 A Bonds Reserve Account (established by Prior Ordinances);
(7) Series 2010 C Bonds Sinking Fund (established by Prior Ordinances);
(8) Series 2010 C Bonds Reserve Account (established by Prior Ordinances);
(9) Series 2010 D Bonds Sinking Fund (established by Prior Ordinances);
(10) Series 2010 D Bonds Reserve Account (established by Prior Ordinances);
(11) Series 2010 E Bonds Sinking Fund (established by Prior Ordinances);
(12) Series 2010 E Bonds Reserve Account (established by Prior Ordinances);
(13) Series 2012 A Bonds Sinking Fund (established by Prior Ordinances);
(14) Series 2012 A Bonds Reserve Account (established by Prior Ordinances);
(15) Series 2013 A Bonds Sinking Fund (established by Prior Ordinances);
(16) Series 2013 A Bonds Reserve Account (established by Prior Ordinances);
(17) Series 2014 B Bonds Sinking Fund (established by Prior Ordinances);
(18) Series 2014 B Bonds Reserve Account (established by Prior Ordinances);
(19) Series 2015 A Bonds Sinking Fund (established by Prior Ordinances);
(20) Series 2015 A Bonds Reserve Account (established by Prior Ordinances);
(21) Series 2015 B Bonds Sinking Fund (established by Prior Ordinances);
(22) Series 2015 B Bonds Reserve Account (established by Prior Ordinances);
(23) Series 2015 C Bonds Sinking Fund (established by Prior Ordinances);
(24) Series 2015 C Bonds Reserve Account (established by Prior Ordinances);
28
32046556.2
45

Item 9A.

(25) Series 2015 D Bonds Sinking Fund (established by Prior Ordinances);
(26) Series 2015 D Bonds Reserve Account (established by Prior Ordinances);
(27) Series 2015 E Bonds Sinking Fund (established by Prior Ordinances);
(28) Series 2015 E Bonds Reserve Account (established by Prior Ordinances);
(29) Series 2016 A Bonds Sinking Fund (established by Prior Ordinances);
(30) Series 2016 A Bonds Reserve Account (established by Prior Ordinances);
(31) Series 2016 B-1 Bonds Sinking Fund (established by Prior Ordinances);
(32) Series 2016 B-1 Bonds Reserve Account (established by Prior Ordinances);
(33) Series 2017 A Bonds Sinking Fund (established by Prior Ordinances);
(34) Series 2017 A Bonds Reserve Account (established by Prior Ordinances);
(35) Series 2018 A Bonds Sinking Fund (established by Prior Ordinances);
(36) Series 2018 A Bonds Reserve Account (established by Prior Ordinances);
(37) Series 2018 A-2 Bonds Sinking Fund (established by Prior Ordinances);
(38) Series 2018 A-2 Bonds Reserve Account (established by Prior Ordinances);
(39) Series 2018 B Bonds Sinking Fund (established by Prior Ordinances);
(40) Series 2018 B Bonds Reserve Account (established by Prior Ordinances);
(41) Series 2019 B Bonds Sinking Fund (established by Prior Ordinances);
(42) Series 2019 B Bonds Reserve Account (established by Prior Ordinances);
(43) Series 2020 A Bonds Sinking Fund (established by Prior Ordinances);
(44) Series 2020 A Bonds Reserve Account (established by Prior Ordinances);
(45) Series 2024 A Bonds Sinking Fund (established by Prior Ordinances);
(46) Series 2024 A Bonds Reserve Account (established by Prior Ordinances);
(47) Series 2026 A Bonds Sinking Fund; and
29
32046556.2
46

Item 9A.

(48) Series 2026 A Bonds Reserve Account.
The Series 2024 B Bonds are forgivable; therefore, no accounts are established for the
Series 2024 B Bonds at the Commission.
Section 5.03. System Revenues; Flow of Funds. A. The entire Gross Revenues
derived from the operation of the System shall be deposited upon receipt in the Revenue Fund. The
Revenue Fund shall constitute a trust fund for the purposes provided in this Bond Legislation and shall be
kept separate and distinct from all other funds of the Issuer and the Depository Bank and used only for the
purposes and in the manner provided in this Bond Legislation. All revenues at any time on deposit in the
Revenue Fund shall be disposed of only in the following manner and order of priority:
(1)
The Issuer shall first, each month, transfer from the Revenue Fund
and remit to the Commission (i) the amounts required by the Prior
Ordinances to be deposited in the respective Sinking Funds for the Prior
Bonds for the payment of interest on the Prior Bonds; and (ii) commencing
4 months prior to the first date of payment of interest on the Series 2026 A
Bonds, for which interest has not been capitalized or as required in the Loan
Agreement, for deposit in the Series 2026 A Bonds Sinking Fund, an
amount equal to 1/3rd of the amount of interest which will become due on
the Series 2026 A Bonds on the next ensuing quarterly interest payment
date; provided, that in the event the period to elapse between the date of
such initial deposit in the Series 2026 A Bonds Sinking Fund and the next
quarterly interest payment date is less than 3 months, then such monthly
payments shall be increased proportionately to provide, 1 month prior to the
next quarterly interest payment date, the required amount of interest coming
due on such date.
(2)
The Issuer shall next, each month, transfer from the Revenue Fund
and simultaneously remit to the Commission (i) the amounts required by the
Prior Ordinances to be deposited in the respective Sinking Funds for the
Prior Bonds for payment of principal of the Prior Bonds; and (ii)
commencing 4 months prior to the first date of payment of principal of the
Series 2026 A Bonds, for deposit in the Series 2026 A Bonds Sinking Fund,
an amount equal to 1/3rd of the amount of principal which will mature and
come due on the Series 2026 A Bonds on the next ensuing quarterly
principal payment date; provided, that in the event the period to elapse
between the date of such initial deposit in the Series 2026 A Bonds Sinking
Fund and the next quarterly principal payment date is less than 3 months,
then such monthly payment shall be increased proportionately to provide, 1
month prior to the next quarterly principal payment date, the required
amount of principal coming due on such date.
(3)
The Issuer shall next, on the first day of each month, transfer from
the Revenue Fund and simultaneously remit to the Commission (i) the
30
32046556.2
47

Item 9A.

amount required by the Prior Ordinances to be deposited in the respective
reserve accounts for the Prior Bonds; and (ii) commencing 4 months prior
to the first date of payment of principal of the Series 2026 A Bonds, if not
fully funded upon issuance of the Series 2026 A Bonds, for deposit in the
Series 2026 A Bonds Reserve Account, an amount equal to 1/120th of the
Series 2026 A Bonds Reserve Requirement; provided, that no further
payments shall be made into the Series 2026 A Bonds Reserve Account
when there shall have been deposited therein, and as long as there shall
remain on deposit therein, an amount equal to the Series 2026 A Bonds
Reserve Requirement.
(4)
The Issuer shall next, each month, transfer from the Revenue Fund
and deposit in the Operation and Maintenance Fund, an amount sufficient to
pay all current Operating Expenses of the System.
(5)
The Issuer shall next, on the first day of each month, transfer from
the Revenue Fund and remit to the Depository Bank (as required in the
Prior Ordinances and not in addition thereto), for deposit in the Renewal
and Replacement Fund, a sum equal to 2.5% of the Gross Revenues each
month, exclusive of any payments for account of any Reserve Account. All
funds in the Renewal and Replacement Fund shall be kept apart from all
other funds of the Issuer or of the Depository Bank and shall be invested
and reinvested in accordance with Article VIII hereof. Withdrawals and
disbursements may be made from the Renewal and Replacement Fund for
replacements, repairs, improvements or extensions to the System; provided,
that any deficiencies in any Reserve Account (except to the extent such
deficiency exists because the required payments into such accounts have
not, as of the date of determination of a deficiency, funded such accounts to
the maximum extent required hereof) shall be promptly eliminated with
monies from the Renewal and Replacement Fund.
(6)
The Issuer shall next, each month, transfer from the monies
remaining in the Revenue Fund the amount required, if any, to fund or
maintain the Cash Working Capital Reserve at the required level. All funds
in the Cash Working Capital Reserve shall be kept separate and apart from
all other funds of the Issuer or of the Depository Bank and shall be invested
and reinvested in accordance with Article VIII hereof. Withdrawals and
disbursements may be made from the Cash Working Capital Reserve for
such purposes as permitted by the laws and regulations of the State in effect
at such time.
Monies in the Series 2026 A Bonds Sinking Fund shall be used only for the purposes of
paying principal of and interest, if any, on the Series 2026 A Bonds, as the same shall become due.
Monies in the Series 2026 A Bonds Reserve Account shall be used only for the purposes of paying
principal of and interest on the Series 2026 A Bonds, as the same shall come due, when other monies in
the Series 2026 A Bonds Sinking Fund are insufficient therefor, and for no other purpose.
31
32046556.2
48

Item 9A.

All investment earnings on monies in the Series 2026 A Bonds Sinking Fund and the
Series 2026 A Bonds Reserve Account shall be returned, not less than once each year, by the Commission
to the Issuer, and such amounts shall, during construction of the Project, be deposited in the Series 2026
A Bonds Construction Trust Fund, and following completion of construction of the Project, shall be
deposited in the Revenue Fund and applied in full, first to the next ensuing interest payment, if any, due
on the Series 2026 A Bonds and then to the next ensuing principal payment due thereon.
Any withdrawals from the Series 2026 A Bonds Reserve Account which result in a
reduction in the balance of the Series 2026 A Bonds Reserve Account to below the Series 2026 A Bonds
Reserve Requirement shall be subsequently restored from the first Gross Revenues available after all
required payments have been made in full in the priority as set forth above.
As and when additional Bonds ranking on a parity with the Series 2026 A Bonds are
issued, provision shall be made for additional payments into the respective sinking funds sufficient to pay
the interest on such additional parity Bonds and accomplish retirement thereof at maturity and to
accumulate a balance in the respective reserve accounts in an amount equal to the requirement therefor.
The Issuer shall not be required to make any further payments into the Series 2026 A
Bonds Sinking Fund or into the Series 2026 A Bonds Reserve Account therein when the aggregate
amount of funds therein are at least equal to the aggregate principal amount of the Series 2026 A Bonds
issued pursuant to this Bond Legislation then Outstanding and all interest, if any, to accrue until the
maturity thereof.
Interest, principal and reserve payments, whether made for a deficiency or otherwise,
shall be made on a parity and pro rata, with respect to the Prior Bonds and the Series 2026 A Bonds in
accordance with the respective principal amounts then Outstanding.
The Commission is hereby designated as the fiscal agent for the administration of the
Series 2026 A Bonds Sinking Fund and the Series 2026 A Bonds Reserve Account created hereunder, and
all required amounts shall be remitted to the Commission from the Revenue Fund by the Issuer at the
times provided herein. All remittances made by the Issuer through the Board to the Commission shall
clearly identify the fund or account into which each amount is to be deposited. If required by the
Authority at anytime, the Issuer, through the Board, shall make the necessary arrangements whereby
required payments into said accounts shall be automatically debited from the Revenue Fund and
electronically transferred to the Commission on the dates required hereunder.
Monies in the Series 2026 A Bonds Sinking Fund and the Series 2026 A Bonds Reserve
Account shall be invested and reinvested by the Commission in accordance with Section 8.01 hereof.
The Series 2026 A Bonds Sinking Fund and the Series 2026 A Bonds Reserve Account,
shall be used solely and only for, and are hereby pledged for, the purpose of servicing the Series 2026 A
Bonds under the conditions and restrictions set forth herein.
B.
The Issuer, through the Board, shall, on the first day of each month (if the first
day is not a business day, then the first business day of each month), deposit with the Commission the
required interest, if any, principal and reserve account payments with respect to the Series 2026 A Bonds
32
32046556.2
49

Item 9A.

and all such payments shall be remitted to the Commission with appropriate instructions as to the custody,
use and application thereof consistent with the provisions of this Bond Legislation.
C.
Whenever all of the required and provided transfers and payments from the
Revenue Fund into the several special funds, as hereinbefore provided, are current and there remains in
the Revenue Fund a balance in excess of the estimated amounts required to be so transferred and paid into
such funds during the following month or such other period as required by the Act, such excess shall be
considered Surplus Revenues. Surplus Revenues may be used for any lawful purpose of the System.
D.
The Issuer, through the Board, shall remit from the Revenue Fund to the
Commission, the Registrar, the Paying Agent or the Depository Bank, on such dates as the Commission,
the Registrar, the Paying Agent or the Depository Bank, as the case may be, shall require, such additional
sums as shall be necessary to pay their respective charges and fees then due. In the case of payments to
the Commission under this paragraph, the Issuer, through the Board, shall make the necessary
arrangements whereby such required payments shall be automatically debited from the Revenue Fund and
electronically transferred to the Commission on the dates required.
E.
The monies in excess of the maximum amounts insured by FDIC in all funds and
accounts shall at all times be secured, to the full extent thereof in excess of such insured sum, by
Qualified Investments as shall be eligible as security for deposits of state and municipal funds under the
laws of the State.
F.
If on any monthly payment date the revenues are insufficient to place the
required amount in any of the funds and accounts as hereinabove provided, the deficiency shall be made
up in the subsequent payments in addition to the payments which would otherwise be required to be made
into the funds and accounts on the subsequent payment dates; provided, however, that the priority of
curing deficiencies in the funds and accounts herein shall be in the same order as payments are to be made
pursuant to this Section 5.03, and the Gross Revenues shall be applied to such deficiencies on a parity and
pro rata with respect to the Series 2026 A Bonds and the Prior Bonds all in accordance with the respective
principal amounts Outstanding before being applied to any other payments hereunder.
G.
All remittances made by the Issuer, through the Board, to the Commission and
the Depository Bank shall clearly identify the fund or account into which each amount is to be deposited.
H.

The Gross Revenues of the System shall only be used for purposes of the System.

I.
All Tap Fees shall be deposited in the Revenue Fund and may be used for any
lawful purpose of the System.
Section 5.04. Reserve Account Letter of Credit or Surety Bond. With the advance
written consent of the Authority, the Issuer may, in lieu of funding the Series 2026 A Bonds Reserve
Account with cash or Qualified Investments, satisfy the Series 2026 A Bonds Reserve Requirement by
obtaining a municipal bond debt service reserve insurance policy, a reserve account letter of credit, a
surety bond, or other credit facility satisfactory to the Authority in an amount equal to the Series 2026 A
Bonds Reserve Requirement. The Issuer hereby authorizes the purchase of, or payment of the premium
for, a municipal bond debt service reserve insurance policy, a reserve account letter of credit, a surety
33
32046556.2
50

Item 9A.

bond, or other credit facility satisfactory to the Authority, all as set forth in a Supplemental Resolution,
and the execution and delivery of any applicable reimbursement agreement or note in such forms as shall
be described in a Supplemental Resolution.

34
32046556.2
51

Item 9A.

ARTICLE VI
BOND PROCEEDS; CONSTRUCTION DISBURSEMENTS
Section 6.01. Application of Bond Proceeds; Pledge of Unexpended Bond Proceeds.
From the monies received from the sale of the Series 2026 A Bonds, the following amounts shall be first
deducted and deposited in the order set forth below:
A.
From the proceeds of the Series 2026 A Bonds, there shall first be deposited with
the Commission in the Series 2026 A Bonds Sinking Fund, the amount, if any, set forth in the
Supplemental Resolution as capitalized interest.
B.
Next, from the proceeds of the Series 2026 A Bonds, the Issuer may purchase a
municipal bond debt service reserve insurance policy, surety bond, letter of credit or other financial
instrument to fund the Series 2026 A Bonds Reserve Account as set forth in the Supplemental Resolution,
or there shall be deposited with the Commission in the Series 2026 A Bonds Reserve Account, the
amount, if any, set forth in the Supplemental Resolution for funding of the Series 2026 A Bonds Reserve
Account.
C.
As the Issuer receives advances of the remaining monies derived from the sale of
the Series 2026 A Bonds, such monies shall be deposited with the Depository Bank in the Series 2026 A
Bonds Construction Trust Fund and applied solely to payment of Costs of the Project in the manner set
forth in Section 6.02 hereof, and until expended, are hereby pledged as additional security for the Series
2026 A Bonds.
D.
After completion of construction of the Project, as certified by the Consulting
Engineers, and all costs have been paid, any remaining proceeds of the Series 2026 A Bonds shall be
expended as approved by the Council.
Section 6.02. Disbursements From the Series 2026 A Bonds Construction Trust Fund.
For proceeds of the Series 2026 A Bonds the Issuer, through the Board, shall each month provide the
Council with a requisition for the Costs incurred for the Project, together with such documentation as the
Council shall require. Payments for Costs of the Project shall be made monthly. Invoices for which
repayment from the Series 2026 A Bonds Construction Trust Fund will be sought must be first approved
by the Issuer and the Board.
The Issuer hereby appoints and designates the Board, and the Authorized Officers thereof, as
its agent (i) for the review and approval of all invoices for the Project to be paid from the proceeds of the
Series 2026 A Bonds; (ii) to take any and all actions necessary to apply for and obtain a commitment from
the Council, specifically including, but not limited to, any administrative loan documents required by the
Council; and (iii) to act on and execute documents on behalf of the Issuer for any and all federal and state
actions as they relate to the planning, design and/or construction of the Project.
Except as provided in Section 6.01 hereof, disbursements from the Series 2026 A Bonds
shall be made only after submission to, and approval from, the Council of a certificate, signed by an
authorized officer, stating that:
35
32046556.2
52

Item 9A.

(A)

None of the items for which the payment is proposed to be made
has been requested from another funding source;

(B)

Each item for which the payment is proposed to be made is or
was necessary in connection with the Project and constitutes a
Cost of the Project;

(C)

Each of such Costs has been otherwise properly incurred; and

(D)

Payment for each of the items proposed is then due and owing.

Pending such application, monies in the Series 2026 A Bonds Construction Trust Fund
shall be invested and reinvested in Qualified Investments at the written direction of the Issuer.
ARTICLE VII
ADDITIONAL COVENANTS OF THE ISSUER
Section 7.01. General Covenants of the Issuer. All the covenants, agreements and
provisions of this Bond Legislation shall be and constitute valid and legally binding covenants of the
Issuer and shall be enforceable in any court of competent jurisdiction by any Holder or Holders of the
Series 2026 A Bonds. In addition to the other covenants, agreements and provisions of this Bond
Legislation, the Issuer hereby covenants and agrees with the Holders of the Series 2026 A Bonds as
hereinafter provided in this Article VII. All such covenants, agreements and provisions shall be
irrevocable, except as provided herein, as long as any of the Series 2026 A Bonds or the interest, if any,
thereon is Outstanding and unpaid.
Section 7.02. Bonds not to be Indebtedness of the Issuer. The Series 2026 A Bonds
shall not be nor constitute a corporate indebtedness of the Issuer within the meaning of any constitutional,
statutory or charter limitation of indebtedness, but shall be payable solely from the funds pledged for such
payment by this Bond Legislation. No Holder or Holders of any Series 2026 A Bonds shall ever have the
right to compel the exercise of the taxing power of the Issuer to pay the Series 2026 A Bonds or the
interest, if any, thereon.
Section 7.03. Series 2026 A Bonds Secured by Pledge of Gross Revenues. The
payment of the debt service of the Series 2026 A Bonds shall be secured forthwith equally and ratably by
a first lien on the Gross Revenues derived from the System on a parity with the Prior Bonds. The Gross
Revenues in an amount sufficient to pay the principal of and interest, if any, on the Series 2026 A Bonds
and the Prior Bonds and to make the payments into all funds and accounts and all other payments
provided for in the Bond Legislation are hereby irrevocably pledged, in the manner provided herein, to
such payments as they become due, and for the other purposes provided in the Bond Legislation.
Section 7.04.
Rates and Charges. The Issuer has obtained any and all approvals of
rates and charges required by State law and has taken any other action required to establish and impose
such rates and charges, with all requisite appeal periods having expired without successful appeal and the
36
32046556.2
53

Item 9A.

Issuer shall supply an opinion of counsel to such effect. Such rates and charges shall be sufficient to
comply with the requirements of the Loan Agreement and the Issuer shall provide a certificate of a
Certified Public Accountant to such effect. The initial schedule of rates and charges for the services of the
facilities of the System shall be as set forth in the water rate ordinance anticipated to be enacted by the
City in or about November, 2027, which rates and charges would become effective 45 days following
enactment (the “Rate Ordinance”), and which anticipated rates and charges are estimated and proposed by
the Board to be a $77.13 per month, per customer surcharge in addition to the rates and fees for the
system that may generally apply to the customers, and are incorporated herein by reference as a part
hereof. The Board confirms that existing System revenues are sufficient to produce the required sums set
forth in the Bond Legislation and in compliance with the Loan Agreement, without respect to the
additional funds anticipated to be produced by the Rate Ordinance, but affirms that the sums to be
generated by the Rate Ordinance are the expected source of funding to pay the amounts obligated to be
paid in compliance with the Loan Agreement.
So long as the Series 2026 A Bonds are outstanding, the Issuer covenants and agrees to
fix and collect rates, fees and other charges for the use of the System and to take all such actions
necessary to provide funds sufficient to produce the required sums set forth in the Bond Legislation and in
compliance with the Loan Agreement. In the event the schedule of rates and charges initially established
for the System in connection with the Series 2026 A Bonds shall prove to be insufficient to produce the
required sums set forth in this Bond Legislation and the Loan Agreement, the Issuer hereby covenants and
agrees that it will, to the extent or in the manner authorized by law, immediately adjust and increase such
schedule of rates, fees and charges and take all such actions necessary to provide funds sufficient to
produce the required sums set forth in this Bond Legislation and the Loan Agreement.
Section 7.05. Sale of the System. So long as the Prior Bonds are Outstanding, the
Issuer or the Board, as their interest shall appear, may not sell, lease, mortgage or in any manner dispose
of or encumber the System, or any part thereof, except as provided in the Prior Ordinances and with the
written consent of the Authority.
So long as the Series 2026 A Bonds are Outstanding and except as otherwise required by
law or with the written consent of the Authority, the System may not be sold, mortgaged, leased or
otherwise disposed of, except as a whole, or substantially as a whole, and only if the net proceeds to be
realized shall be sufficient to fully pay all the Bonds Outstanding in accordance with Article X hereof.
The proceeds from any such sale, mortgage, lease or other disposition of the System shall, with respect to
the Series 2026 A Bonds, immediately be remitted to the Commission for deposit in the Series 2026 A
Bonds Sinking Fund, and, with the written permission of the Authority or in the event the Authority is no
longer a Bondholder, the Issuer shall direct the Commission to apply such proceeds to the payment of
principal of and interest, if any, on the Series 2026 A Bonds in accordance with Article X hereof. Any
balance remaining after the payment of the Bonds and the interest, if any, thereon shall be remitted to the
Issuer by the Commission unless necessary for the payment of other obligations of the Issuer payable out
of the revenues of the System.
The foregoing provision notwithstanding, the Issuer and the Board, as their interest may
appear, shall have and hereby reserves the right to sell, lease or otherwise dispose of any of the property
comprising a part of the System hereinafter determined in the manner provided herein to be no longer
necessary, useful or profitable in the operation thereof. Prior to any such sale, lease or other disposition
37
32046556.2
54

Item 9A.

of such property, if the amount to be received therefor, together with all other amounts received during
the same Fiscal Year for such sales, leases or other dispositions of such properties, is not in excess of
$5,000,000, the Issuer or the Board, as their interest may appear, shall, by resolution duly adopted,
determine that such property comprising a part of the System is no longer necessary, useful or profitable
in the operation thereof and may then provide for the sale of such property. The proceeds of any such
sale shall be deposited in the Renewal and Replacement Fund. If the amount to be received from such
sale, lease or other disposition of said property, together with all other amounts received during the same
Fiscal Year for such sales, leases or other dispositions of such properties, shall be in excess of $5,000,000
but not in excess of $10,000,000, the Issuer or the Board, as their interest may appear, shall first obtain
the written approval of the Consulting Engineers that such property comprising a part of the System is no
longer necessary, useful or profitable in the operation thereof, and the Issuer or the Board, as their interest
may appear, may then, if it be so advised, by resolution duly adopted, approve and concur in such finding
and authorize such sale, lease or other disposition of such property in accordance with the laws of the
State. The proceeds of any such sale shall be deposited in the Renewal and Replacement Fund. The
payment of such proceeds into the Renewal and Replacement Fund shall not reduce the amounts required
to be paid into such funds by other provisions of this Bond Legislation.
No sale, lease or other disposition of the properties of the System shall be made by the
Issuer or the Board, as their interest may appear, if the proceeds to be derived therefrom, together with all
other amounts received during the same Fiscal Year for such sales, leases, or other dispositions of such
properties, shall be in excess of $10,000,000 and insufficient to pay all Bonds then Outstanding without
the prior approval and consent in writing of (i) any applicable Bond Insurer, or (ii) if the Series 2026 A
Bonds are not insured, the Holders, or their duly authorized representatives, of 60% in amount of Series
2026 A Bonds then Outstanding. The Issuer or the Board, as their interest may appear, shall prepare the
form of such approval and consent for execution by the Bond Insurer or the then Holders of the Series
2026 A Bonds for the disposition of the proceeds of the sale, lease or other disposition of such properties
of the System. No provision of this Ordinance shall control the interests of the Issuer or Board in
properties of the System. The provisions of this Ordinance are intended only to protect the interests of the
Authority, Commission, and/or Bondholder.
Section 7.06. Issuance of Other Obligations Payable Out of Revenues and General
Covenant Against Encumbrances. Except as provided for in this Section 7.06 and Section 7.07 hereof,
the Issuer shall not issue any obligations whatsoever payable from the revenues of the System which rank
prior to, or equally, as to lien on and source of and security for payment from such revenues with the
Series 2026 A Bonds. All obligations issued by the Issuer after the issuance of the Series 2026 A Bonds
and payable from the revenues of the System, except such additional parity Bonds, shall contain an
express statement that such obligations are junior and subordinate, as to lien on and source of and security
for payment from such revenues and in all other respects, to the Series 2026 A Bonds; provided, that no
such subordinate obligations shall be issued unless all payments required to be made into all funds and
accounts established by this Bond Legislation have been made and are current at the time of the issuance
of such subordinate obligations.
Except as provided above, the Issuer shall not create, or cause or permit to be created,
any debt, lien, pledge, assignment, encumbrance or any other charge having priority over or being on a
parity with the lien of the Series 2026 A Bonds, and the interest, if any, thereon, upon any of the income

38
32046556.2
55

Item 9A.

and revenues of the System pledged for payment of the Series 2026 A Bonds and the interest, if any,
thereon in this Bond Legislation, or upon the System or any part thereof.
The Issuer shall give the Authority prior written notice of its issuance of any other
obligations to be used for the System, payable from the revenues of the System or from any grants for the
Project, or any other obligations related to the Project or the System.
Section 7.07. Parity Bonds. So long as the Prior Bonds are Outstanding, the
limitations on the issuance of parity obligations set forth in the Prior Ordinances shall be applicable. In
addition, no additional Parity Bonds, payable out of the revenues of the System, shall be issued after the
issuance of the Series 2026 A Bonds pursuant to this Bond Legislation, without the prior written consent
of the Authority under the conditions and in the manner herein provided (unless less restrictive than the
provisions of the Prior Ordinances).
A Bonds.

All Parity Bonds issued hereunder shall be on a parity in all respects with the Series 2026

No such additional Parity Bonds shall be issued except for the purpose of financing the
costs of design, acquisition or construction of additions, extensions, betterments or improvements to the
System, refunding all or a portion of one or more series of Bonds, or to pay claims which may exist
against the revenues or facilities of the System or all of such purposes.
No Parity Bonds shall be issued at any time, however, unless and until there has been
procured and filed with the City Clerk a written statement by the Independent Certified Public
Accountants reciting the conclusion that the Net Revenues actually derived, subject to the adjustments
hereinafter provided for, from the System during any 12 consecutive months within the 18 months
immediately preceding the date of the actual issuance of such additional Parity Bonds, plus the estimated
average increased annual Net Revenues to be received in each of the 3 succeeding years after the
completion of the improvements to be financed by such Parity Bonds, if any, shall not be less than 115%
of the largest aggregate amount that will mature and become due in any succeeding Fiscal Year for
principal of and interest, if any, on the following:
(1)

The Bonds then Outstanding;

(2)

Any additional Parity Bonds theretofore issued pursuant to the provisions
contained in the Prior Ordinances and this Bond Legislation then Outstanding;
and

(3)

The additional Parity Bonds then proposed to be issued.

The “estimated average increased annual Net Revenues to be received in each of the 3
succeeding years,” as that term is used in the computation provided in the above paragraph, shall refer
only to the increased Net Revenues estimated to be derived from the improvements to be financed by
such Parity Bonds and any increase in rates enacted by the Issuer, the time for appeal of which shall have
expired (without successful appeal) prior to the issuance of such Parity Bonds, and shall not exceed the

39
32046556.2
56

Item 9A.

amount to be stated in a certificate of the Independent Certified Public Accountants, which shall be filed
in the office of the City Clerk prior to the issuance of such Parity Bonds.
The Net Revenues actually derived from the System during the 12-consecutive month
period hereinabove referred to may be adjusted by adding to such Net Revenues such additional Net
Revenues which would have been received, in the opinion of the Independent Certified Public
Accountants, as stated in a certificate, on account of increased rates, rentals, fees and charges for the
System enacted by the Issuer, the time for appeal of which shall have expired (without successful appeal)
prior to issuance of such Parity Bonds.
All covenants and other provisions of this Bond Legislation (except as to details of such
Parity Bonds inconsistent herewith) shall be for the equal benefit, protection and security of the Holders
of the Bonds and the Holders of any Parity Bonds subsequently issued from time to time within the
limitations of and in compliance with this section. Bonds issued on a parity, regardless of the time or
times of their issuance, shall rank equally with respect to their lien on the Gross Revenues of the System
and their source of and security for payment from said Gross Revenues, without preference of any Bond
of one series over any other Bond of the same series. The Issuer shall comply fully with all the increased
payments into the various funds and accounts created in this Bond Legislation required for and on account
of such Parity Bonds, in addition to the payments required for Bonds theretofore issued pursuant to this
Bond Legislation.
Parity Bonds shall not be deemed to include bonds, notes, certificates or other obligations
subsequently issued, the lien of which on the revenues of the System is subject to the prior and superior
lien of the Bonds on such revenues. The Issuer shall not issue any obligations whatsoever payable from
the revenues of the System, or any part thereof, which rank prior to or, except in the manner and under the
conditions provided in this section, equally, as to lien on and source of and security for payment from
such revenues, with the Bonds.
No Parity Bonds shall be issued at any time, however, unless all of the payments into the
respective funds and accounts provided for in this Bond Legislation with respect to the Bonds then
Outstanding (exclusive of the Renewal and Replacement Fund), and any other payments provided for in
this Bond Legislation and the Prior Ordinances, shall have been made in full as required to the date of
delivery of the Parity Bonds, and the Issuer then be in full compliance with all the covenants, agreements
and terms of this Bond Legislation and the Prior Ordinances or shall have fully corrected any delinquency
or deficiency with respect to such payments and compliance.
Section 7.08. Books; Records and Audit. The Board shall keep complete and accurate
records of the cost of acquiring the Project site and the costs of acquiring, constructing and installing the
Project. The Board shall permit the Authority and the Council or their agents and representatives, to
inspect all books, documents, papers and records relating to the Project and the System at all reasonable
times for the purpose of audit and examination. The Board shall submit to the Authority and the Council
such documents and information as they may reasonably require in connection with the acquisition,
construction and installation of the Project, the operation and maintenance of the System and the
administration of the loan or any grants or other sources of financing for the Project.

40
32046556.2
57

Item 9A.

The Board shall permit the Authority and the Council or their agents and representatives,
to inspect all records pertaining to the operation and maintenance the System at all reasonable times
following completion of construction of the Project and commencement of operation thereof, or, if the
Project is an improvement to an existing system, at any reasonable time following commencement of
construction.
The Board will keep books and records of the System, which shall be separate and apart
from all other books, records and accounts of the Board and the Issuer, in which complete and correct
entries shall be made of all transactions relating to the System, and any Holder of a Bond or Bonds issued
pursuant to this Bond Legislation shall have the right at all reasonable times to inspect the System and all
parts thereof and all records, accounts and data of the Board relating thereto.
The accounting system for the System shall follow current generally accepted accounting
principles and safeguards to the extent allowed and as prescribed by the Public Service Commission of
West Virginia. Separate control accounting records shall be maintained by the Board. Subsidiary records
as may be required shall be kept in the manner and on the forms, books and other bookkeeping records as
prescribed by the Board. The Board shall prescribe and institute the manner by which subsidiary records
of the accounting system which may be installed remote from the direct supervision of the Board shall be
reported to such agent of the Issuer as the Issuer shall direct.
The Board shall file with the Authority and the Council, or any other original purchaser
of the Series 2026 A Bonds, and shall mail in each year to any Holder or Holders of the Series 2026 A
Bonds, requesting the same, an annual report containing the following:
(A)

A statement of Gross Revenues, Operating Expenses, Net Revenues and Surplus
Revenues derived from and relating to the System.

(B)

A balance sheet statement showing all deposits in all the funds and accounts
provided for in this Bond Legislation and the status of all said funds and
accounts.

(C)
The amount of any Bonds, notes or other obligations payable from the revenues
of the System Outstanding.
The Board shall also, at least once a year, cause the books, records and accounts of the
System to be audited by Independent Certified Public Accountants (to the extent legally required in
compliance with 2 CFR 200 Subpart F, or any successor thereto), and shall mail upon request, and make
available generally, the report of said Independent Certified Public Accountants, or a summary thereof, to
any Holder or Holders of the Series 2026 A Bonds and shall submit said report to the Authority and the
Council, or any other original purchaser of the Series 2026 A Bonds. Such audit report submitted to the
Authority and the Council shall include a statement that the Board is in compliance with the terms and
provisions of the Act, the Loan Agreement and this Bond Legislation and that the revenues of the System
are adequate to meet the Board’s Operating Expenses and debt service and reserve requirements.
Subject to the terms, conditions and provisions of the Loan Agreement and the Act, the
Issuer has acquired, or shall do all things necessary to acquire, the proposed site of the Project and shall
do, is doing or has done all things necessary to construct the Project in accordance with the plans,
41
32046556.2
58

Item 9A.

specifications and designs prepared by the Consulting Engineers. All real estate and interests in real
estate and all personal property constituting the Project and the Project site heretofore or hereafter
acquired shall at all times be and remain the property of the Issuer.
The Issuer shall provide the Council with all appropriate documentation to comply with
any special conditions established by federal and/or state regulations as set forth in the Loan Agreement
for the Series 2026 A Bonds or any Exhibit thereto or as promulgated from time to time.
The Board shall permit the Authority and the Council, or their agents and representatives,
to enter and inspect the Project site and Project facilities at all reasonable times. Prior to, during and after
completion of construction and commencement of operation of the Project, the Board shall provide the
Authority and the Council, or their agents and representatives, with access to the System site and System
facilities as may be reasonably necessary to accomplish all of the powers and rights of the Authority and
the Council with respect to the System pursuant to the Act.
Section 7.09. Rates. Prior to the issuance of the Series 2026 A Bonds, equitable rates
or charges for the use of and service rendered by the System have been established all in the manner and
form required by law, and copies of such rates and charges so established will be continuously on file
with the City Clerk, which copies will be open to inspection by all interested parties. The schedule of
rates and charges shall at all times be adequate to produce Gross Revenues from the System sufficient to
pay Operating Expenses and to make the prescribed payments into the funds created hereunder. Such
schedule of rates and charges shall be changed and readjusted whenever necessary so that the aggregate of
the rates and charges will be sufficient for such purposes. In order to assure full and continuous
performance of this covenant, with a margin for contingencies and temporary unanticipated reduction in
income and revenues, the Issuer hereby covenants and agrees that the schedule of rates or charges from
time to time in effect shall be sufficient, together with other revenues of the System to meet the coverage
requirements set forth in the Prior Ordinances so long as the Prior Bonds are Outstanding and thereafter,
(i) to provide for all Operating Expenses of the System and (ii) to leave a balance each year equal to at
least 115% of the maximum amount required in any year for payment of principal of and interest, if any,
on the Series 2026 A Bonds, the Prior Bonds and all other obligations secured by a lien on or payable
from such revenues on a parity with, or subordinate to, the Series 2026 A Bonds, including the Prior
Bonds provided, that in the event that amounts equal to or in excess of the reserve requirements are on
deposit respectively in the Series 2026 A Bonds Reserve Account and any Reserve Accounts for
obligations on a parity with the Series 2026 A Bonds, are funded at least at the requirement therefor, such
balance each year need only equal at least 110% of the maximum amount required in any year for
payment of principal of and interest, if any, on the Series 2026 A Bonds, the Prior Bonds and all other
obligations secured by a lien on or payable from such revenues on a parity with the Series 2026 A Bonds.
In any event, the Issuer shall not reduce the rates or charges for services set forth in the rate ordinances
described in Section 7.04 hereof.
The Issuer hereby covenants to commence enactment of such ordinance or ordinances as
shall be required to increase the rates and charges for the services and facilities of the System within 30
days following a determination of the Independent Certified Public Accountant that less than the aboverequired coverage exists or in the event that the annual audit report shows less than the above-required
coverage, such increase to provide rates and charges sufficient to produce such required coverage.

42
32046556.2
59

Item 9A.

Section 7.10. Operating Budget and Monthly Financial Report. The Board shall
annually, at least 45 days preceding the beginning of each Fiscal Year, prepare and adopt by resolution a
detailed, balanced budget of the estimated revenues and expenditures for operation and maintenance of
the System during the succeeding Fiscal Year and shall submit a copy of such budget to the Council and
the Authority within 30 days of adoption thereof. The Board shall mail copies of such annual budget and
all resolutions authorizing increased expenditures for operation and maintenance within 30 days of
adoption to the Authority and the Council and to any Holder of the Bonds, who shall file his or her
address with the Issuer and request in writing that copies of all such budgets and resolutions be furnished
him or her and shall make available such budgets and all resolutions authorizing increased expenditures
for operation and maintenance of the System at all reasonable times to the Council, the Authority and to
any Holder of any Bonds, or anyone acting for and in behalf of such Holder of any Bonds.
Commencing on the date contracts are executed for the acquisition and construction of
the Project and for two years following the completion of the Project, the Board shall each month
complete a “Monthly Financial Report,” a form of which is attached to the Loan Agreement, and forward
a copy of such report to the Council and the Authority by the 10th day of each month.
Section 7.11. Engineering Services and Operating Personnel. The Board will obtain a
certificate of the Consulting Engineers in the form attached to the Loan Agreement, stating, among other
things, that the Project has been or will be constructed in accordance with the approved plans,
specifications and designs as submitted to the Authority and the Council, the Project is adequate for the
purposes for which it was designed, the funding plan as submitted to the Authority and the Council is
sufficient to pay the costs of acquisition and construction of the Project, and all permits required by
federal and state laws for construction of the Project have been obtained.
The Board shall provide and maintain competent and adequate engineering services
satisfactory to the Authority and the Council covering the supervision and inspection of the development
and construction of the Project and bearing the responsibility of assuring that construction conforms to the
plans, specifications and designs prepared by the Consulting Engineers, which have been approved by all
necessary governmental bodies. Such engineer shall certify to the Authority, the Council, the Issuer and
the Board at the completion of construction that construction of the Project is in accordance with the
approved plans, specifications and designs, or amendments thereto, approved by all necessary
governmental bodies.
The Board shall employ qualified operating personnel properly certified by the State
during the entire term of the Loan Agreement.
The Board shall serve the additional customers, if any, at the location(s) as set forth in
Certificate of Engineer. The Board shall not reduce the amount of additional customers, if any, served by
the Project without the prior written approval of the Board of the Authority. Following completion of the
Project the Board shall certify to the Authority the number of customers added to the System, if any.
Section 7.12. No Competing Franchise. To the extent legally allowable, neither the
Issuer nor the Board will grant or cause, consent to or allow the granting of, any franchise or permit to
any person, firm, corporation, body, agency or instrumentality whatsoever for the providing of any
services which would compete with services provided by the System.

43
32046556.2
60

Item 9A.

Section 7.13. Enforcement of Collections. The Board will diligently enforce and
collect all fees, rentals or other charges for the services and facilities of the System, and take all steps,
actions and proceedings for the enforcement and collection of such fees, rentals or other charges which
shall become delinquent to the full extent permitted or authorized by the Act, the rules and regulations of
the Public Service Commission of West Virginia and other laws of the State of West Virginia.
Whenever any fees, rates, rentals or other charges for the services and facilities of the
System shall remain unpaid for a period of 30 days after the same shall become due and payable, the
property and the owner thereof, as well as the user of the services and facilities, shall be delinquent until
such time as all such rates and charges are fully paid. To the extent authorized by the laws of the State
and the rules and regulations of the Public Service Commission of West Virginia, rates, rentals and other
charges, if not paid when due, shall become a lien on the premises served by the System. The Board
further covenants and agrees that, it will, to the full extent permitted by law and the rules and regulations
promulgated by the Public Service Commission of West Virginia, discontinue and shut off the services of
the System, to all users of the services of the System delinquent in payment of charges for the services of
the System and will not restore such services of the System until all delinquent charges for the services of
the System, plus reasonable interest and penalty charges for the restoration of service, have been fully
paid and shall take all further actions to enforce collections to the maximum extent permitted by law. If
the water facilities are not owned by the Issuer, the Issuer shall enter into a termination agreement with
the water provider of such water, subject to any required approval of such agreement by the Public
Service Commission of West Virginia and all rules, regulations and orders of the Public Service
Commission of West Virginia.
Section 7.14. No Free Services. The Board will not render or cause to be rendered any
free services of any nature by the System, nor will any preferential rates be established for users of the
same class; and in the event the Board or Issuer, or any department, agency, instrumentality, officer or
employee of the Board or Issuer shall avail itself or themselves of the facilities or services provided by the
System, or any part thereof, the same rates, fees or charges applicable to other customers receiving like
services under similar circumstances shall be charged the Board and the Issuer and any such department,
agency, instrumentality, officer or employee. The revenues so received shall be deemed to be revenues
derived from the operation of the System, and shall be deposited and accounted for in the same manner as
other revenues derived from such operation of the System.
Section 7.15. Insurance and Construction Bonds. A. The Board hereby covenants
and agrees that so long as the Series 2026 A Bonds remain Outstanding, the Board will, as an Operating
Expense, procure, carry and maintain insurance with a reputable insurance carrier or carriers as is
customarily covered with respect to works and properties similar to the System. Such insurance shall
initially cover the following risks and be in the following amounts:
(1)
FIRE, LIGHTNING, VANDALISM, MALICIOUS MISCHIEF AND
EXTENDED COVERAGE INSURANCE, on all above-ground insurable
portions of the System in an amount equal to the actual cost thereof. In time of
war the Board will also carry and maintain insurance to the extent available
against the risks and hazards of war. In the event of any damage to or
destruction of any portion of the System, the proceeds of all such insurance
policies shall be placed in the Renewal and Replacement Fund and used only
44
32046556.2
61

Item 9A.

for the repairs and restoration of the damaged or destroyed properties or for the
other purposes provided herein for the Renewal and Replacement Fund. The
Board will itself, or will require each contractor and subcontractor to, obtain
and maintain builder’s risk insurance (fire and extended coverage) to protect the
interests of the Board, the Issuer, the Authority, the prime contractor and all
subcontractors as their respective interests may appear, in accordance with the
Loan Agreement, during construction of the Project on a 100% basis
(completed value form) on the insurable portion of the Project, such insurance
to be made payable to the order of the Authority, the Board, the Issuer, the
contractors and subcontractors, as their interests may appear.
(2)
PUBLIC LIABILITY INSURANCE, with limits of not less than
$1,000,000 per occurrence to protect the Issuer and the Board from claims for
bodily injury and/or death and not less than $500,000 per occurrence from
claims for damage to property of others which may arise from the operation of
the System, and insurance with the same limits to protect the Issuer and the
Board from claims arising out of operation or ownership of motor vehicles of or
for the System.
(3)
WORKERS’
COMPENSATION
COVERAGE
FOR
ALL
EMPLOYEES OF OR FOR THE SYSTEM ELIGIBLE THEREFOR; AND
PERFORMANCE AND PAYMENT BONDS, such bonds to be in the amounts
of 100% of the construction contract and to be required of each contractor
contracting directly with the Board, and such payment bonds will be filed with
the Clerk of The County Commission of the County in which such work is to
be performed prior to commencement of construction of the Project in
compliance with West Virginia Code, Chapter 38, Article 2, Section 39.
(4)
FLOOD INSURANCE, if the facilities of the System are or will be
located in designated special flood or mudslide-prone areas and to the extent
available at reasonable cost to the Board.
(5)
BUSINESS INTERRUPTION INSURANCE, to the extent available at
reasonable cost to the Board.
(6)
FIDELITY BONDS will be provided as to every officer, member and
employee of the Board having custody of the revenues or of any other funds of
the System, in an amount at least equal to the total funds in the custody of any
such person at any one time.
B.
The Board shall require all contractors engaged in the construction of the Project
to furnish a performance bond and a payment bond, each in an amount equal to 100% of the contract price
of the portion of the Project covered by the particular contract as security for the faithful performance of
such contract. The Board shall verify such bonds prior to commencement of construction.

45
32046556.2
62

Item 9A.

The Board shall also require all contractors engaged in the construction of the Project to
carry such workers’ compensation coverage for all employees working on the Project and public liability
insurance, vehicular liability insurance and property damage insurance in amounts adequate for such
purposes and as is customarily carried with respect to works and properties similar to the Project;
provided, that the amounts and terms of such coverage are satisfactory to the Authority and the Council
and the Board shall verify such insurance prior to commencement of construction. In the event the Loan
Agreement so requires, such insurance shall be made payable to the order of the Authority, the Issuer, the
Board, the prime contractor and all subcontractors, as their interests may appear.
Section 7.16.
Mandatory Connections. The mandatory use of the sewerage portion of
the System is essential and necessary for the protection and preservation of the public health, comfort,
safety, convenience and welfare of the inhabitants and residents of, and the economy of, the Issuer and in
order to assure the rendering harmless of sewage and water-borne waste matter produced or arising within
the territory served by the System. Accordingly, every owner, tenant or occupant of any house, dwelling
or building located near the System, where sewage will flow by gravity or be transported by such other
methods approved by the State Department of Health from such house, dwelling or building into the
System, to the extent permitted by the laws of the State and the rules and regulations of the Public Service
Commission of West Virginia, shall connect with and use the System and shall cease the use of all other
means for the collection, treatment and disposal of sewage and waste matters from such house, dwelling
or building where there is such gravity flow or transportation by such other method approved by the State
Department of Health and such house, dwelling or building can be adequately served by the System, and
every such owner, tenant or occupant shall, after a 20-day notice of the availability of the System, pay the
rates and charges established therefor.
Any such house, dwelling or building from which emanates sewage or water-borne waste
matter and which is not so connected with the System is hereby declared and found to be a hazard to the
health, safety, comfort and welfare of the inhabitants of the Issuer and a public nuisance which shall be
abated to the extent permitted by law and as promptly as possible by proceedings in a court of competent
jurisdiction.
Section 7.17. Completion and Operation of Project; Permits and Orders. The Board
shall complete the Project as promptly as possible and operate and maintain the System as a
revenue-producing utility in good condition and in compliance with all federal and state requirements and
standards.
The Board has obtained all permits required by State and federal laws for the acquisition
and construction of the Project, all orders and approvals required by State law necessary for the
acquisition and construction of the Project and the operation of the System and has obtained all approvals
for the issuance of the Series 2026 A Bonds required by State law, with all appeal periods having expired
without successful appeal and the Board shall supply an opinion of counsel to such effect.
Section 7.18. Compliance with Loan Agreement and Law. The Issuer and the Board
shall perform, satisfy and comply with all the terms and conditions of the Loan Agreement and the Act.
Notwithstanding anything herein to the contrary, the Issuer and the Board shall provide the Council with
copies of all documents submitted to the Authority.

46
32046556.2
63

Item 9A.

The Issuer and the Board shall also comply with all applicable laws, rules and regulations
issued by the Authority, The Council or other State, federal or local bodies in regard to the acquisition and
construction of the Project and the operation, maintenance and use of the System.
The Board shall perform an annual maintenance audit which maintenance audit shall be
submitted to the Authority and the Public Service Commission of West Virginia in the manner prescribed
by and the guidelines established by the Authority and the Public Service Commission of West Virginia.
Section 7.19.

[RESERVED]

Section 7.20. Securities Laws Compliance. The Issuer and the Board will provide the
Authority, in a timely manner, with any and all information that may be requested of them (including its
annual audit report, financial statements, related information and notices of changes in usage and
customer base) so that the Authority may comply with the provisions of SEC Rule 15c2-12 (17 CFR Part
240).
Section 7.21. Contracts; Change Orders; Public Releases.
A.
The
Issuer
shall, simultaneously with the delivery of the Series 2026 A Bonds or immediately thereafter, enter into
written contracts for the immediate acquisition or construction of the Project.
B.
The Issuer shall submit all proposed change orders to the Council for written
approval. The Issuer shall obtain the written approval of the Council before expending any proceeds of
the Series 2026 A Bonds held in "contingency" as set forth in the Schedule attached to the certificate of
the Consulting Engineer. The Issuer shall also obtain the written approval of the Council before
expending any proceeds of the Series 2026 A Bonds made available due to bid or construction or project
underruns.
C.
The Issuer shall list the funding provided by the Council and the Authority in any
press release, publication, program bulletin, sign or other public communication that references the
Project, including but not limited to any program document distributed in conjunction with any ground
breaking or dedication of the Project.
Section 7.22. Statutory Mortgage Lien. For the further protection of the Holders of the
Series 2026 A Bonds, a statutory mortgage lien upon the System is granted and created by the Act, which
statutory mortgage lien is hereby recognized and declared to be valid and binding, shall take effect
immediately upon delivery of the Series 2026 A Bonds and shall be on a parity with the statutory
mortgage lien in favor of the Holders of the Prior Bonds.
ARTICLE VIII
INVESTMENT OF FUNDS
Section 8.01. Investments. Any monies held as a part of the funds and accounts
created by this Bond Legislation other than the Revenue Fund, shall be invested and reinvested by the
Commission, the Depository Bank, or such other bank or national banking association holding such fund
47
32046556.2
64

Item 9A.

or account, as the case may be, at the written direction of the Issuer in any Qualified Investments to the
fullest extent possible under applicable laws, this Bond Legislation, the need for such monies for the
purposes set forth herein and the specific restrictions and provisions set forth in this Section 8.01.
Any investment shall be held in and at all times deemed a part of the fund or account in
which such monies were originally held, and the interest accruing thereon and any profit or loss realized
from such investment shall be credited or charged to the appropriate fund or account. The investments
held for any fund or account shall be valued at the lower of cost or then current market value, or at the
redemption price thereof if then redeemable at the option of the holder, including the value of accrued
interest and giving effect to the amortization of discount, or at par if such investment is held in the
“Consolidated Fund.” The Commission, the Depository Bank, or such other bank or national banking
association, as the case may be, shall sell and reduce to cash a sufficient amount of such investments
whenever the cash balance in any fund or account is insufficient to make the payments required from such
fund or account, regardless of the loss on such liquidation. The Depository Bank may make any and all
investments permitted by this section through its own investment or trust department and shall not be
responsible for any losses from such investments, other than for its own negligence or willful misconduct.
The Depository Bank shall keep complete and accurate records of all funds, accounts and
investments, and shall distribute to the Issuer, at least once each year, or more often as reasonably
requested by the Issuer, a summary of such funds, accounts and investment earnings. The Issuer shall
retain all such records and any additional records with respect to such funds, accounts and investment
earnings so long as any of the Series 2026 A Bonds are Outstanding and as long thereafter as necessary to
assure the exclusion of interest on the Series 2026 A Bonds from gross income for federal income tax
purposes.
Section 8.02. Certificate as to Use of Proceeds; Covenants as to Use of Proceeds. The
Issuer shall deliver a certificate as to use of proceeds or other similar certificate to be prepared by
nationally recognized bond counsel relating to restrictions on the use of proceeds of the Series 2026 A
Bonds as a condition to issuance of the Series 2026 A Bonds. In addition, the Issuer covenants (i) to
comply with the Code and all Regulations from time to time in effect and applicable to the Series 2026 A
Bonds as may be necessary in order to maintain the status of the Series 2026 A Bonds as governmental
bonds; (ii) that it shall not take, or permit or suffer to be taken, any action with respect to the Issuer’s use
of the proceeds of the Series 2026 A Bonds which would cause any bonds, the interest on which is
exempt from federal income taxation under Section 103(a) of the Code, issued by the Authority or the
Council, as the case may be, from which the proceeds of the Series 2026 A Bonds are derived, to lose
their status as tax-exempt bonds; and (iii) to take such action, or refrain from taking such action, as shall
be deemed necessary by the Issuer, or requested by the Authority or the Council, to ensure compliance
with the covenants and agreements set forth in this Section, regardless of whether such actions may be
contrary to any of the provisions of this Bond Legislation.
The Issuer shall annually furnish to the Authority information with respect to the Issuer’s
use of the proceeds of the Series 2026 A Bonds and any additional information requested by the
Authority.

48
32046556.2
65

Item 9A.

ARTICLE IX
DEFAULT AND REMEDIES
Section 9.01. Events of Default. Each of the following events shall constitute an
“Event of Default” with respect to the Series 2026 A Bonds:
(1)
If default occurs in the due and punctual payment of the principal of or
interest, if any, on the Series 2026 A Bonds; or
(2)
If default occurs in the Issuer’s observance of any of the covenants,
agreements or conditions on its part relating to the Series 2026 A Bonds set
forth in this Bond Legislation, any supplemental resolution or in the Series
2026 A Bonds, and such default shall have continued for a period of 30 days
after the Issuer shall have been given written notice of such default by the
Commission, the Depository Bank, the Registrar, the Paying Agent or any other
Paying Agent or a Holder of a Bond; or
(3)
If the Issuer or the Board files a petition seeking reorganization or
arrangement under the federal bankruptcy laws or any other applicable law of
the United States of America; or
(4)
If default occurs with respect to the Prior Bonds or the Prior
Ordinances.
Section 9.02. Remedies. Upon the happening and continuance of any Event of
Default, any Registered Owner of a Bond may exercise any available remedy and bring any appropriate
action, suit or proceeding to enforce his or her rights and, in particular, (i) bring suit for any unpaid
principal or interest then due; (ii) by mandamus or other appropriate proceeding enforce all rights of such
Registered Owners including the right to require the Issuer to perform its duties under the Act and the
Bond Legislation relating thereto, including but not limited to the making and collection of sufficient rates
or charges for services rendered by the System; (iii) bring suit upon the Bonds; (iv) by action at law or bill
in equity require the Issuer to account as if it were the trustee of an express trust for the Registered
Owners of the Bonds; and (v) by action or bill in equity enjoin any acts in violation of the Bond
Legislation with respect to the Bonds, or the rights of such Registered Owners; provided, that all rights
and remedies of the Holders of the Series 2026 A Bonds shall be on a parity with those Holders of the
Prior Bonds.
Section 9.03. Appointment of Receiver. Any Registered Owner of a Bond may, by
proper legal action, compel the performance of the duties of the Issuer and the Board under the Bond
Legislation and the Act, including, the completion of the Project and after commencement of operation of
the System, the making and collection of sufficient rates and charges for services rendered by the System
and segregation of the revenues therefrom and the application thereof. If there be any Event of Default
with respect to such Bonds, any Registered Owner of a Bond shall, in addition to all other remedies or
rights, have the right by appropriate legal proceedings to obtain the appointment of a receiver to
administer the System or to complete the acquisition and construction of the Project on behalf of the
49
32046556.2
66

Item 9A.

Issuer, with power to charge rates, rentals, fees and other charges sufficient to provide for the payment of
Operating Expenses of the System, the payment of the Bonds and interest and the deposits into the funds
and accounts hereby established, and to apply such rates, rentals, fees, charges or other revenues in
conformity with the provisions of this Bond Legislation and the Act.
The receiver so appointed shall forthwith, directly or by his or her or its agents and
attorneys, enter into and upon and take possession of all facilities of said System and shall hold, operate
and maintain, manage and control such facilities, and each and every part thereof, and in the name of the
Issuer exercise all the rights and powers of the Issuer with respect to said facilities as the Issuer itself
might exercise.
Whenever all that is due upon the Bonds and interest thereon and under any covenants of
this Bond Legislation for reserve, sinking or other funds and upon any other obligations and interest
thereon having a charge, lien or encumbrance upon the revenues of the System shall have been paid and
made good, and all defaults under the provisions of this Bond Legislation shall have been cured and made
good, possession of the System shall be surrendered to the Issuer upon the entry of an order of the court to
that effect. Upon any subsequent default, any Registered Owner of any Bonds shall have the same right
to secure the further appointment of a receiver upon any such subsequent default.
Such receiver, in the performance of the powers hereinabove conferred upon him or her
or it, shall be under the direction and supervision of the court making such appointment, shall at all times
be subject to the orders and decrees of such court and may be removed thereby, and a successor receiver
may be appointed in the discretion of such court. Nothing herein contained shall limit or restrict the
jurisdiction of such court to enter such other and further orders and decrees as such court may deem
necessary or appropriate for the exercise by the receiver of any function not specifically set forth herein.
Any receiver appointed as provided herein shall hold and operate the System in the name
of the Issuer and for the joint protection and benefit of the Issuer and Registered Owners of the Bonds.
Such receiver shall have no power to sell, assign, mortgage or otherwise dispose of any assets of any kind
or character belonging or pertaining to the System, but the authority of such receiver shall be limited to
the completion of the Project and the possession, operation and maintenance of the System for the sole
purpose of the protection of both the Issuer and Registered Owners of such Bonds and the curing and
making good of any Event of Default with respect thereto under the provisions of this Bond Legislation,
and the title to and ownership of said System shall remain in the Issuer, and no court shall have any
jurisdiction to enter any order or decree permitting or requiring such receiver to sell, assign, mortgage or
otherwise dispose of any assets of the System.
ARTICLE X
PAYMENT OF BONDS
Section 10.01. Payment of Series 2026 A Bonds. If the Issuer shall pay or there shall
otherwise be paid to the Holders of the Series 2026 A Bonds, the principal of and interest due or to
become due thereon, if any, at the times and in the manner stipulated therein and in this Bond Legislation,
then the pledge of Gross Revenues and other monies and securities pledged under this Bond Legislation
and all covenants, agreements and other obligations of the Issuer to the Registered Owners of the Series
50
32046556.2
67

Item 9A.

2026 A Bonds shall thereupon cease, terminate and become void and be discharged and satisfied, except
as may otherwise be necessary to assure the exclusion of interest, if any, on the Series 2026 A Bonds
from gross income for federal income tax purposes.
ARTICLE XI
MISCELLANEOUS
Section 11.01. Amendment or Modification of Bond Legislation. Prior to issuance of
the Series 2026 A Bonds, this Ordinance may be amended or supplemented in any way by the
Supplemental Resolution. Following issuance of the Series 2026 A Bonds, no material modification or
amendment of this Ordinance, or of any ordinance, resolution or order amendatory or supplemental
hereto, that would materially and adversely affect the rights of Registered Owners of the Series 2026 A
Bonds, shall be made without the consent in writing of the Registered Owners of the Series 2026 A Bonds
so affected and then Outstanding; provided, that no change shall be made in the maturity of any Bond or
Bonds or the rate of interest, if any, thereon, or in the principal amount thereof, or affecting the
unconditional promise of the Issuer to pay such principal and interest out of the funds herein pledged
therefor without the consent of the respective Registered Owner thereof. No amendment or modification
shall be made that would reduce the percentage of the principal amount of the Series 2026 A Bonds
required for consent to the above-permitted amendments or modifications. Notwithstanding the
foregoing, this Bond Legislation may be amended without the consent of any Bondholder as may be
necessary to assure compliance with Section 148(f) of the Code relating to rebate requirements or
otherwise as may be necessary to assure the exclusion of interest, if any, on the Series 2026 A Bonds
from gross income of the Holders thereof.
Section 11.02. Bond Legislation Constitutes Contract. The provisions of the Bond
Legislation shall constitute a contract between the Issuer and the Registered Owners of the Series 2026 A
Bonds, and no change, variation or alteration of any kind of the provisions of the Bond Legislation shall
be made in any manner, except as in this Bond Legislation provided.
Section 11.03. Severability of Invalid Provisions. If any section, paragraph, clause or
provision of this Ordinance should be held invalid by any court of competent jurisdiction, the invalidity of
such section, paragraph, clause or provision shall not affect any of the remaining provisions of this
Ordinance, the Supplemental Resolution or the Series 2026 A Bonds.
Section 11.04. Headings, Etc. The headings and catchlines of the articles, sections and
subsections hereof are for convenience of reference only, and shall not affect in any way the meaning or
interpretation of any provision hereof.
Section 11.05. Conflicting Provisions Repealed. All ordinances, orders or resolutions
and or parts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflict,
hereby repealed; provided, that in the event of any conflict between this Ordinance and the Prior
Ordinances, the Prior Ordinances shall control (unless less restrictive), so long as the Prior Bonds are
Outstanding.

51
32046556.2
68

Item 9A.

Section 11.06. Covenant of Due Procedure, Etc. The Issuer covenants that all acts,
conditions, things and procedures required to exist, to happen, to be performed or to be taken precedent to
and in the adoption of this Ordinance do exist, have happened, have been performed and have been taken
in regular and due time, form and manner as required by and in full compliance with the laws and
Constitution of the State of West Virginia applicable thereto; and that the Mayor, the City Manager and
members of the Governing Body were at all times when any actions in connection with this Ordinance
occurred and are duly in office and duly qualified for such office.
Section 11.07. Statutory Notice and Public Hearing. Upon adoption hereof, an abstract
of this Ordinance determined by the Governing Body to contain sufficient information as to give notice of
the contents hereof shall be published once a week for 2 successive weeks within a period of fourteen
consecutive days, with at least 6 full days intervening between each publication, in the Dominion Post, a
newspaper published and of general circulation in The City of Morgantown, together with a notice stating
that this Ordinance has been adopted and that the Issuer contemplates the issuance of the Series 2026 A
Bonds, and that any person interested may appear before the Governing Body upon a date certain, not less
than ten days subsequent to the date of the first publication of such abstract of this Ordinance and notice,
and present protests, and that a certified copy of this Ordinance is on file with the Governing Body for
review by interested persons during office hours of the Governing Body. At such hearing, all objections
and suggestions shall be heard and the Governing Body shall take such action as it shall deem proper in
the premises.
[Remainder of Page Intentionally Blank]

52
32046556.2
69

Item 9A.

Section 11.08. Effective Date. This Ordinance shall take effect immediately following
the public hearing and final reading hereof.
Passed on First Reading:

September 15, 2026

Passed on Second Reading:

October 6, 2026

Passed on Final Reading
Following Public Hearing:

October 20, 2026

THE CITY OF MORGANTOWN

Mayor

City Manager

53
32046556.2
70

Item 9A.

CERTIFICATION
Certified a true copy of an Ordinance duly enacted by the Council of THE CITY OF
MORGANTOWN on the ______ day of ____________, 2026.
Dated: ______________, 2026.
[SEAL]
City Clerk

54
32046556.2
71

Item 9A.

THE CITY OF MORGANTOWN
Combined Utility System Revenue Bonds, Series 2026 A
(West Virginia Infrastructure Fund)
BOND ORDINANCE
Table of Contents
ARTICLE I
STATUTORY AUTHORITY, FINDINGS AND DEFINITIONS
Section 1.01
Section 1.02
Section 1.03
Section 1.04

Authority for this Ordinance ................................................................................................. 1
Findings ............................................................................................................................... 1
Bond Legislation Constitutes Contract ................................................................................. 5
Definitions ............................................................................................................................ 5
ARTICLE II
AUTHORIZATION OF ACQUISITION AND CONSTRUCTION
OF THE PROJECT

Section 2.01

Authorization of Acquisition and Construction of the Project ............................................. 13

ARTICLE III
AUTHORIZATION, TERMS, EXECUTION, REGISTRATION AND
SALE OF BONDS; AUTHORIZATION AND EXECUTION OF LOAN AGREEMENT
Section 3.01
Section 3.02
Section 3.03
Section 3.04
Section 3.05
Section 3.06
Section 3.07
Section 3.08
Section 3.09
Section 3.10
Section 3.11
Section 3.12

Authorization of Bonds ......................................................................................................... 13
Terms of Bonds..................................................................................................................... 13
Execution of Bonds ............................................................................................................... 15
Authentication and Registration ........................................................................................... 15
Negotiability, Transfer and Registration............................................................................... 15
Bonds Mutilated, Destroyed, Stolen or Lost ......................................................................... 16
Bonds not to be Indebtedness of the Issuer ........................................................................... 16
Series 2026 A Bonds Secured by Pledge of Gross Revenues ............................................... 16
Delivery of Bonds ................................................................................................................. 17
Form of Bonds ...................................................................................................................... 17
Sale of Bonds; Approval and Ratification of Execution of Loan Agreement....................... 34
“Amended Schedule” Filing ................................................................................................. 34
ARTICLE IV
[RESERVED]
ARTICLE V
i

32046556.2
72

Item 9A.

FUNDS AND ACCOUNTS; SYSTEM REVENUES AND APPLICATION THEREOF
Section 5.01
Section 5.02
Section 5.03
Section 5.04

Establishment of Funds and Accounts with Depository Bank .............................................. 34
Establishment of Funds and Accounts with Commission ..................................................... 34
System Revenues; Flow of Funds ......................................................................................... 37
Reserve Account Letter of Credit or Surety Bond ................................................................ 40
ARTICLE VI
BOND PROCEEDS; CONSTRUCTION DISBURSEMENTS

Section 6.01
Section 6.02

Application of Bond Proceeds; Pledge of Unexpended Bond Proceeds ............................... 41
Disbursements From the Series 2026 A Bonds Construction Trust Fund ............................ 41
ARTICLE VII
ADDITIONAL COVENANTS OF THE ISSUER

Section 7.01
Section 7.02
Section 7.03
Section 7.04
Section 7.05
Section 7.06
Section 7.07
Section 7.08
Section 7.09
Section 7.10
Section 7.11
Section 7.12
Section 7.13
Section 7.14
Section 7.15
Section 7.16
Section 7.17
Section 7.18
Section 7.19
Section 7.20
Section 7.21
Section 7.22

General Covenants of the Issuer ........................................................................................... 42
Bonds not to be Indebtedness of the Issuer ........................................................................... 42
Series 2026 A Bonds Secured by Pledge of Gross Revenues ............................................... 42
Rates and Charges ................................................................................................................. 42
Sale of the System................................................................................................................. 43
Issuance of Other Obligations Payable Out of Revenues and General Covenant Against
Encumbrances ....................................................................................................................... 44
Parity Bonds.......................................................................................................................... 44
Books; Records and Audit .................................................................................................... 46
Rates ..................................................................................................................................... 48
Operating Budget and Monthly Financial Report ................................................................. 48
Engineering Services and Operating Personnel .................................................................... 49
No Competing Franchise ...................................................................................................... 49
Enforcement of Collections .................................................................................................. 50
No Free Services ................................................................................................................... 50
Insurance and Construction Bonds ....................................................................................... 50
Mandatory Connections ........................................................................................................ 52
Completion and Operation of Project; Permits and Orders .................................................. 52
Compliance with Loan Agreement and Law ........................................................................ 52
[RESERVED] ....................................................................................................................... 53
Securities Laws Compliance ................................................................................................. 53
Contracts; Change Orders; Public Releases .......................................................................... 53
Statutory Mortgage Lien ....................................................................................................... 53
ARTICLE VIII
INVESTMENT OF FUNDS

Section 8.01
Section 8.02

Investments ........................................................................................................................... 53
Certificate as to Use of Proceeds; Covenants as to Use of Proceeds .................................... 54

ii
32046556.2
73

Item 9A.

ARTICLE IX
DEFAULT AND REMEDIES
Section 9.01
Section 9.02
Section 9.03

Events of Default .................................................................................................................. 55
Remedies............................................................................................................................... 55
Appointment of Receiver ...................................................................................................... 55
ARTICLE X
PAYMENT OF BONDS

Section 10.01

Payment of Bonds ................................................................................................................. 56
ARTICLE XI
MISCELLANEOUS

Section 11.01 Amendment or Modification of Bond Legislation................................................................ 57
Section 11.02 Bond Legislation Constitutes Contract ................................................................................. 57
Section 11.03 Severability of Invalid Provisions......................................................................................... 57
Section 11.04 Headings, Etc. ....................................................................................................................... 57
Section 11.05 Conflicting Provisions Repealed........................................................................................... 57
Section 11.06 Covenant of Due Procedure, Etc........................................................................................... 57
Section 11.07 Statutory Notice and Public Hearing .................................................................................... 58
Section 11.08 Effective Date ....................................................................................................................... 59
SIGNATURES ................................................................................................................................................ 59
CERTIFICATION .......................................................................................................................................... 60

iii
32046556.2
74

Item 9B.

City Council
Agenda Item Summary
Council Meeting Date: October 6, 2026
Item:
Department:
Requested By:
Strategic Goal:

Ordinances Regarding the Morgan’s Run Project and Associated
Issuance of Revenue Bonds
N/A
Morgantown Utility Board
Connected and Well Maintained

Recommended Motion: Move to Approve the two Proposed Ordinances as
summarized below.

Item Summary:
Erik Carlson from the MUB Board presented an update to City Council at the August 25,
2026 City Council meeting regarding the Morgan’s Run Water Project. First reading of
these Ordinances occurred on 9/15/2026.
A public hearing is held at the meeting where an item receives its final adoption. Please
note that the Project Establishment Ordinance requires two hearings and will receive its
final reading today. The Bond Ordinance requires three hearings and will have a third
reading before Council at a future meeting.
The proposed project is a waterline extension project that will serve 26 homes in Cheat
Lake’s Morgans Run, Lubbock Lane, Longhorn Lane, Rugh Lane, and Armstrong Drive
area. MUB has obtained funding through grants and other awards, and remaining debt
is proposed to be funded with a surcharge to the customers on this line.
Two ordinances are proposed for Council consideration for the furtherance of this
project:
Ordinance 1: Authorizing the Series 2026 A Utility System Revenue Bonds for Morgans
Run Water Line Extension.
This ordinance will authorize the City to issue up to $1.7 million utility system revenue
bonds, which will fund the cost of the extension project that is not covered by grant
funding. The debt service is proposed to be paid by a surcharge on the new customers,
estimated at $77.13 per month per customer.

75

Item 9B.

City Council
Agenda Item Summary
Ordinance 2: An Ordinance Authorizing the Morgans Run Water Extension Project.
This ordinance will authorize the design, acquisition, and construction of the Morgans
Run extension, including confirming the notice and procedural requirements of state law
are met and providing an estimate of the rates to be paid by customers for the project
(estimated as a $77.13 per month surcharge on new customers at Morgans Run only,
but to be set by a future rate ordinance of City Council).

Fiscal Impact: Approval of item will issue bonds associated with the project. It is
anticipated that a Rate Ordinance outlining a surcharge of the impacted customers will
come before City Council for approval in or around November 2027.

76

Item 9B.

Ordinance 2026-____
THE CITY OF MORGANTOWN
AN
ORDINANCE
AUTHORIZING
THE
DESIGN,
ACQUISITION, CONSTRUCTION AND EQUIPPING OF
CERTAIN EXTENSIONS, ADDITIONS, BETTERMENTS AND
IMPROVEMENTS TO THE EXISTING WATERWORKS
SYSTEM OF THE CITY OF MORGANTOWN.
THE COUNCIL OF THE CITY OF MORGANTOWN HEREBY ORDAINS:
Section 1.
Authority for this Ordinance. This Ordinance (together with any
ordinance, order or resolution supplemental hereto or amendatory hereof) is enacted pursuant to
the provisions of Chapter 24, Article 2, Section 11 of the West Virginia Code of 1931, as
amended (collectively, the “Code”), and other applicable provisions of law.
Section 2.

Findings. It is hereby found, determined and declared:

A.
The City of Morgantown (the “City”) is a municipal corporation and
political subdivision of the State of West Virginia in Monongahela County of said state.
B.
In accordance with Chapter 8, Article 20, Section 18 of the Code, as
amended, and pursuant to an ordinance duly enacted by the City, the City created the
Morgantown Utility Board (the “Board”) and vested in the Board the responsibility for the
supervision, management, control and operation of the combined waterworks, sewerage and
stormwater system of the City (the “System”).
C.
The City, acting by and through the Board, has deemed it necessary and
desirable for the health and welfare of the inhabitants of the City that there be designed,
acquired, constructed and equipped certain extensions, additions, betterments and improvements
to the System, consisting of installation of approximately 4,450 linear feet of 8-inch HDPE water
line, 3,000 linear feet of 8-inch PVC water line, 5,020 linear feet of 6-inch PVC water line, 890
feet of 4-inch HDPE water line, 3,7770 linear feet of 2-inch HDPE water line and four fire
hydrants to extend water service in the Morgans Run area of Monongalia County, West Virginia
to initially provide public water service to approximately 27 new customers (collectively, the
“Project”) (the System, the Project, and any further extensions, additions, betterments and
improvements thereto are herein called the “System”), in accordance with the plans and
specifications prepared by the Board’s engineers, which plans and specifications are on file with
the Board.
D.
The Board has determined that there is a need for the Project, that the
same is in the best interests of the citizens to be served by the Project, and pursuant to W. Va.
Code § 24-2-11(l), has requested that the City enact this ordinance with respect to the Project.

32008541.1

1
77

Item 9B.

Therefore, the City hereby approves the construction and equipping of the Project by the Board
subject to the provisions of this Ordinance.
E.
The Board intends to finance certain costs of the Project, in part, through
the issuance by the City of combined utility system revenue bonds secured by the gross revenues
of the System. Moreover, the Board will use grant funds for certain costs of the Project.
F.
The Board has represented it will comply with all requirements of West
Virginia law relating to the authorization of the design, acquisition, construction and operation of
the Project and the System.
Section 3.
Rates and Charges. The Board has taken all actions required to
establish and impose water, sewer and stormwater rates and charges for the services provided by
the System, subject to adoption of such rates and charges by City Council in accordance with
applicable law, including but not limited to water rates and charges for the new customers to be
served by the Project. The schedule of water rates and charges for the services and facilities of
the Project shall be as set forth in the water rate ordinance anticipated to be enacted by the City
in or about November, 2027, which rates and charges would become effective 45 days following
enactment (the “Rate Ordinance”), and which anticipated rates and charges are estimated and
proposed by the Board to be a $77.13 per month, per customer surcharge in addition to the rates
and fees for the system that may generally apply to the customers, and are incorporated herein by
reference as a part hereof. Aside from the rate increase for the customers to be served by the
Project to be established by the Rate Ordinance, there will be no increase in water, sewer or
stormwater rates and charges for the services provided by the System associated with the
combined utility system revenue bonds to be issued by the City to pay a portion of the costs of
the Project.
Section 4.
Amendment or Modification. This Ordinance may be amended or
supplemented in any way by a supplemental resolution without any requirement of a further
public hearing. No material modification or amendment of this Ordinance, or of any ordinance,
resolution or order amendatory or supplemental hereto, that would materially alter the scope of
the Project shall be made without the notice required by the Code.
Section 5.
Severability of Invalid Provisions. If any section, paragraph,
clause or provision of this Ordinance should be held invalid by any court of competent
jurisdiction, the invalidity of such section, paragraph, clause or provision shall not affect any of
the remaining provisions of this Ordinance or any supplemental resolution.
Section 6.
Headings, Etc. The headings and catchlines of the articles,
sections and subsections of this Ordinance are for convenience of reference only and shall not
affect in any way the meaning or interpretation of any provision hereof.
Section 7.
Conflicting Provisions Repealed. All ordinances, orders or
resolutions and or parts thereof in conflict with the provisions of this Ordinance are, to the extent
of such conflict, hereby repealed.

32008541.1

2
78

Item 9B.

Section 8.
Covenant of Due Procedure, Etc. The City covenants that all acts,
conditions, things and procedures required to exist, to happen, to be performed or to be taken
precedent to and in the adoption of this Ordinance do exist, have happened, have been performed
and have been taken in regular and due time, form and manner as required by and in full
compliance with the laws and Constitution of the State of West Virginia applicable thereto; and
that the Mayor, the Clerk, members of the City’s governing body and members of the Board
were at all times when any actions in connection with this Ordinance occurred and are duly
elected or appointed to such office. The City, by adoption of this Ordinance, ratifies and
approves the acquisition of real estate or interests therein, as demonstrated by records provided
to City by Board, in relation to the Project.
Section 9.
Statutory Notice and Public Hearing. During the calendar month
immediately prior to the calendar month in which the public hearing for this Ordinance will
occur, the Board shall provide the water customers identified in Schedules 1 and 2 of its Water
Tariff notice of the City’s intent to pursue a construction project that is not in the ordinary course
of business as required by the Code. After the first reading of this Ordinance, public notice of a
public hearing on this Ordinance shall be published once in a newspaper of general circulation in
the City’s service territory, stating that any person interested may appear before the Council of
the City upon a date certain, and present protests. At such public hearing, all objections and
suggestions shall be heard and the Council of the City, following such public hearing, shall take
such action as it shall deem proper.

[Remainder of Page Intentionally Blank]

32008541.1

3
79

Item 9B.

Section 10.
Effective Date. As provided in the Code, this Ordinance shall take effect
immediately following enactment.
Passed on First Reading:

September 15, 2026

Passed on Second Reading
Following Public Hearing:

October 6, 2026

THE CITY OF MORGANTOWN

Mayor
______________________________
City Manager

32008541.1

4
80

Item 9B.

CERTIFICATION
Certified a true copy of an Ordinance duly enacted by the Governing Body of the CITY
OF MORGANTOWN on the ____ day of ___________________ 2026.
[SEAL]

32008541.1

_________________________________
Clerk

5
81

Item 12A.

City Council
Agenda Item Summary
Council Meeting Date: October 6, 2026

Item:
Department:
Requested By:
Strategic Goal:

A Resolution Amending the FY 2026-2027 Budget Revision for the
Morgantown Capital Escrow Fund (Revision #3)
Finance Department
Jennifer Street, Interim Finance Director
Excellent and Responsible – Fiscal Sustainability

Recommended Motion: Move to approve the resolution amending the FY2026-2027
Budget Revision for the Morgantown Capital Escrow Fund (Revision #3)

Item Summary:
1. DOH Project #U331-857-0.6700
Summary:
This budget revision updates the Capital Escrow Fund for Fiscal Year 2027 to
incorporate DOH Project U331-857-0.6700. DOH has contracted with the City of
Morgantown for (7) noncontrolled access right of way, and (2) Temporary
construction easements for public road purposes over, though, across and upon those
certain tracts or parcels of land situated in the First Ward of the City of Morgantown.
Overview:
The purpose of Budget Revision #3 is to record the actual DOH funds received for
Project U331-857-0.6700.

1
82

Item 12A.

City Council
Agenda Item Summary
Budget Adjustments:
To accurately reflect these transactions, the following adjustments are proposed:
 Increase in Budgeted Revenue
Account 399-000 – Miscellaneous Other
o An increase of $1,030,348.80 is proposed to reflect actual DOH
revenues received for Project U331-857-0.6700.
 Increase in Budgeted Expenditures
Account 750-000-458-009 – Capital Outlay- Maintenance Paving
o A corresponding increase of $350,000.00 towards remediation and
paving.
Account 699-000-568-000 – Other Contributions – Other
o A corresponding increase of $180,348.80
Account 509-408-000-105-003 Life and Health – Group Insurance
o A corresponding increase of $500,000.00
Conclusion:
Budget Revision #3 updates the Fiscal Year 2027 Capital Escrow Fund budget to
accurately reflect the receipt and allocation of Department of Highways (DOH) funds
associated with Project U331-857-0.6700. The proposed revision recognizes
$1,030,348.80 in actual revenue received from the DOH and appropriates these funds
for project-related expenditures, including $350,000.00 for remediation and paving
activities and $180,348.80 for contributions and $500,000.00 Life and Health.
Approval of this budget revision will ensure that the Capital Escrow Fund remains
financially accurate, transparent, and aligned with the intended use of the funds
received for this public roadway improvement project.

2
83

Item 12A.

City Council
Agenda Item Summary
2. Federal CDBG Revenue – Lower Greenmont Bridge
Summary:
This budget revision updates the Capital Escrow Fund for Fiscal Year 2027 to
incorporate federal revenues received through the Community Development Block
Grant (CDBG) Program for the disassembly, packing, removal, and storage of the
Fiber Reinforced Polymer (FRP) Bridge. These adjustments ensure that the City’s
financial records accurately reflect all federal resources provided through the U.S.
Department of Housing and Urban Development (HUD) and that expenditure
authority is aligned with the requirements of the project.
The CDBG Program provides flexible funding designed to support local initiatives that
strengthen community infrastructure, promote public safety, and enhance long-term
redevelopment potential. Recognizing this revenue within the Capital Escrow Fund
promotes transparency and supports effective financial management practices as
the City advances critical infrastructure preservation activities.
Overview:
The purpose of Budget Revision #3 is to record the actual CDBG funds received for
Grant #B25MC540007 and to increase the corresponding expenditure authority for
activities related to the FRP Bridge. This project represents a proactive investment in
the protection and future reuse of an important community asset by ensuring the
bridge structure is safely disassembled and appropriately stored for future
deployment.
Budget Adjustments:
To accurately reflect these transactions, the following adjustments are proposed:
 Increase in Budgeted Revenue
Account 365-000-002 – Federal Grant – CDBG
o An increase of $2,810.00 is proposed to reflect actual CDBG
revenues received for Grant #B25MC540007.

3
84

Item 12A.

City Council
Agenda Item Summary
 Increase in Budgeted Expenditures
Account 420-458-000-007 – Engineering: Lower Greenmont Bridge
o A corresponding increase of $2,810.00 is requested to support total
project disbursements associated with the disassembly, packing,
removal, and storage of the FRP Bridge.
Conclusion:
Budget Revision #3 brings the Capital Escrow Fund into alignment with actual CDBG
revenues and project obligations associated with the FRP Bridge. Recognizing these
grant resources strengthens the City’s commitment to responsible stewardship of
federal funds and supports continued investment in public infrastructure. This
revision reinforces the City’s long-term goals of ensuring safety, maintaining asset
readiness, and advancing community improvement initiatives in a financially
transparent and well-coordinated manner.
3. Federal CDBG - DRGR Revenue – Lower Greenmont Property Acquisition
Summary:
This budget revision updates the Capital Escrow Fund for Fiscal Year 2026-2027 to
recognize federal revenues received through the HUD Community Project Funding
Program for the Lower Greenmont Land Acquisition. Incorporating this funding
ensures that the City’s financial records accurately reflect all federal resources
provided through the U.S. Department of Housing and Urban Development (HUD)
and that expenditure authority is aligned with project requirements.

4
85

Item 12A.

City Council
Agenda Item Summary
Budget Adjustments:
To accurately reflect these transactions, the following budget revisions are
proposed:
 Increase in Budgeted Revenue
o Account 365‑000‑002 – Federal Grant Revenue - CDBG: An increase
of $4,050.00 is proposed to recognize actual revenues received for
the Lower Greenmont Land Acquisition.
 Increase in Budgeted Expenditures
o Account 761‑456‑000 – Capital Outlay - Land: A corresponding
increase of $4,050.00 is requested to support total disbursements
related to the Lower Greenmont Land Acquisition.
Conclusion:
This proposed budget revision brings the Capital Escrow Fund into alignment with
revenues and the associated design-phase commitments for the Lower Greenmont
Land Acquisition. Recognizing this funding supports the City’s continued investment
in the community and demonstrates responsible stewardship of federal resources.

Fiscal Impact: A net increase of $1,037,208.80 to the overall FY27 Capital Escrow
Fund Budget appropriations.

5
86

Item 12A.

REQUEST FOR REVISION TO APPROVED BUDGET

LGSD BR (Ver. 2023)

Subject to approval of the state auditor, the governing body requests
Ora Ash, Deputy State Auditor

CONTROL NUMBER

that the budget be revised prior to the expenditure or obligation of funds

West Virginia State Auditor's Office

for which no appropriation or insufficient appropriation currently exists.

200 West Main Street
Clarksburg, WV 26301
Phone: 304-627-2415 ext. 5101 or ext. 5119
Fax: 304-340-5090
Email: [email protected]

(§ 11-8-26a)

ACCOUNT
DESCRIPTION

Fund:
Revision Number:

Pages:

2026-2027
254
3
1 of 4

CITY OF MORGANTOWN
GOVERNMENT ENTITY

Person To Contact Regarding Request:
Name: Jennifer Street
Phone: 304-284-2571
Fax: 304-284-7418
Email: [email protected]
REVENUES: (net each acct.)
ACCOUNT
NUMBER

Fiscal Year Ending:

389 SPRUCE STREET
STREET OR PO BOX

Municipality
Government Type

MORGANTOWN
CITY

26505
ZIP CODE

PREVIOUSLY
APPROVED AMOUNT

INCREASE

(DECREASE)

REVISED
AMOUNT

Miscellaneous Other

-

1,030,348.80

-

1,030,348.80

254-000-000-365-000-002 Federal Grant -CDBG

-

6,860.00

-

6,860.00

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

254-000-000-399-000

NET INCREASE/(DECREASE) Revenues (ALL PAGES)

1,037,208.80

Explanation for Account # 378, Municipal Specific:
Explanation for Account # 369, Contributions from Other Funds:

EXPENDITURES: (net each acct.)
ACCOUNT
ACCOUNT
NUMBER
DESCRIPTION
254-750-000-458-009

Capital Outlay - Maint. Paving

254-699-000-568-000

Other Contributions - Other

(WV CODE 7-1-9)

PREVIOUSLY
APPROVED AMOUNT

373,289.75

Capital Outlay - Lower
254-420-000-458-000-007 Greenmont Bridge
Capital Outlay - Land
Acquisition
254-761-000-456-000
509-408-000-105-003

Group Insurance- Insurance
claims paid

NET INCREASE/(DECREASE) Expenditures (ALL PAGES)

INCREASE

(DECREASE)

REVISED
AMOUNT

350,000.00

-

723,289.75

-

180,348.80

-

180,348.80

-

2,810.00

-

2,810.00

-

4,050.00

-

4,050.00

-

500,000.00

-

500,000.00

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

1,037,208.80

APPROVED BY THE STATE AUDITOR
BY:
Deputy State Auditor, Local Government Services Division

Date

AUTHORIZED SIGNATURE
OF ENTITY

9/21/2026
APPROVAL
DATE

87

Item 12A.

RESOLUTION
WHEREAS,

City Administration has presented to Morgantown City Council a
2026-2027 budget revision for the Morgantown Capital Escrow
Fund (Revision 03) and has requested that City Council review
and approve the same;

WHEREAS,

the budget revision in question, a copy of which is hereto attached,
appear to not only be in proper form, but also, acceptable as to
income and expenditures set forth therein;

WHEREAS,

City Council is of the opinion that it should approve said budget
revision.

NOW, THEREFORE, BE IT RESOLVED by the City of Morgantown this _______
day of ____________________, 2026, that the 2026-2027 Budget
Revision for the Morgantown Capital Escrow Fund Budget
(Revision 03) hereto attached is approved.

______________________________
Mayor

______________________________
City Clerk

88

Item 13A.

City Council
Agenda Item Summary
Council Meeting Date: 10/06/2026
Item:
Department:
Requested By:
Strategic Goal:

Seventh Ward Council Member Board and Commission
Assignments
City Clerk
City Clerk
Excellent and Responsible

Recommended Motion: Move to approve the reassignment of former Seventh Ward
Council Member Brian Butcher’s board and commission assignments as designated by
City Council.

Item Summary:
With the transition of the Seventh Ward Council seat from Brian Butcher to Gail Taylor,
the board and commission assignments previously held by Mr. Butcher will need to be
reassigned among current Council members.
The Boards and Commissions that Councilor Butcher were assigned to were:
Human Rights Commission
Arts and Culture Commission
Council Member Taylor will be eligible to be appointed to serve on designated boards and
commissions, but it is not required that she take on all of Councilor Butcher’s previously
assigned board. City Council may elect to assign a member to each of these boards and
may change assignments to other boards as they see fit.
The proposed assignments are intended to maintain Council representation across the
City’s boards and commissions.
Fiscal Impact:

No direct fiscal impact.

{02122776.DOCX }

89

Item 13A.

City of Morgantown City Council Member Board/Commission Appointments

Council Member Name
Danielle Trumble
Jenny Selin
Brian Butcher
Jodi Hollingshead
Louise “Weez” Michael
Brian Butcher
Brian Butcher
Mark Downs
Mark Downs
Danielle Trumble
Joe Abu-Ghannam
Louise “Weez” Michael
Joe Abu-Ghannam
Jodi Hollingshead
Danielle Trumble
Council Member Name
Joe Abu-Ghannam
Mark Downs
Jenny Selin

Board/Commission
BOPARC
BOPARC
Cultural Arts Commission
Historic Landmarks Commission
Health and Wellness Commission
Housing Advisory Commission
Human Rights Commission
MUB
MPA
Planning Commission
Sister Cities Commission
Traffic Commission
Tree Board
Urban Landscapes Commission
Woodburn Commission
Other Bodies
Group
MMMPO Policy Board
MMMPO Policy Board
MMMPO Policy Board

Term Dates
7/1/23-6/30/27
7/1/25-6/30/29
7/1/23-6/30/27
7/1/25-6/30/29
7/1/25-6/30/29
7/1/23-6/30/27
7/1/23-6/30/27
7/1/25-6/30/29
7/1/25-6/30/29
7/1/23-6/30/27
7/1/23-6/30/27
7/1/25-6/30/29
7/1/23-6/30/27
7/1/25-6/30/29
7/1/23-6/30/27
Term Dates
N/A
N/A
N/A

90

Item 13B.

City Council
Agenda Item Summary
Council Meeting Date: 10/6/2026
Item:

Department:
Requested By:
Strategic Goal:

Ordinance Releasing and Easement and Authorizing a
Modified Easement Over Parcel 45.4 of Tax Map 15 in the 7th
Ward District
n/a
City Manager; City Council
Connected and Well-Maintained – Enhanced Connectivity

Recommended Motion: Move to approve the ordinance.

Item Summary:
In 2020, City Council adopted an ordinance accepting an easement
for a pedestrian and nonmotorized recreation trail over this property – a hillside parcel
that forms part of a path traveled between 8th Street / Grant Avenue and the Evansdale
neighborhood, as well as WVU’s Evansdale Campus. Prior to Council’s adoption of the
ordinance, however, the property owner who granted the easement sold the property. The
new property owners have asked the City to release the easement or accept a modified
easement reducing the area of the property that can be used for the trail. This ordinance
would authorize the City Manager to accept a modified easement from the new property
owners and release the prior recorded easement.
Fiscal Impact:
No immediate impact. This trail is not actively maintained by the City,
and additional property acquisitions or alternate routes would need to be completed to
connect the easement area to existing public rights of way. Development of a trail in the
future would require design, construction, and maintenance costs.

{02122776.DOCX }

91

Item 13B.

Ordinance No. 2026-____
AN ORDINANCE OF THE CITY OF MORGANTOWN
PROVIDING FOR RELEASE OF AN EASEMENT AND GRANT OF A MODIFIED
EASEMENT TO THE CITY OVER
PARCEL 45.4 OF TAX MAP 15 IN THE 7TH WARD DISTRICT
The City of Morgantown hereby ordains as follows:
Section 1. Findings and Purpose.
City Council finds and concludes that the City previously negotiated an easement for trail use
over the above-described parcel, and that between the date of the owner’s agreement to grant the
easement and the date the City was able to accept the easement by ordinance as required by law,
the property was transferred to a new owner, with the deed to the new owner being recorded
prior to the easement in favor of the City. City Council further finds that the present owner has
contacted the City regarding the easement, requesting that the City release the easement or
accept a modified easement covering a limited portion of the above-referenced parcel, based in
part on the recording of the transfer deed prior to the recording of the easement in favor of the
City. City Council further finds that it is in the interest of the City to maintain the opportunity to
place and maintain a pedestrian trail on the described parcel, that such purposes can be served by
accepting a modified easement from the current owner, and that the City Manager should be
authorized to negotiate and accept such modified easement.
Section 2. Authorization to release easement and to accept modified easement.
The City Manager is authorized to:
1. Execute a release, in appropriate form as determined by the City Manager, of the
easement in favor of the City recorded in the Office of the Clerk of the County
Commission of Monongalia County at Deed Book 1705, page 551.
2. Accept an easement in favor of the City of Morgantown from the present owners of
Parcel 45.4 of Tax Map 15 in the 7th Ward District providing for a public way for
pedestrian and nonmotorized travel and recreation, among other suitable purposes, in
appropriate form as determined by the City Manager.
3. Execute any and all other documents necessary to accomplishment of the purposes of this
Ordinance.

Section 3. Repeal, Savings, Severability.
Any section of this Code repealed or modified by a subsequent ordinance will continue in force
until the effective date of the repealing ordinance.
The repeal or modification of any part of this Code does not affect any existing right acquired, or
liability or obligation incurred, under the code sections amended or repealed unless the

92

Item 13B.

modifying ordinance expressly so provides. Any repealed or modified part of this Code will
remain in force for the purpose of sustaining any proper legal proceedings and prosecutions
related to the enforcement of such right or liability brought prior to the repeal or modification.
The repeal of any repealing ordinance, clause, or provision does not revive any former
ordinance, clause, or provision unless expressly provided by ordinance.
If any provision of this Ordinance, or the application of this Ordinance to any person or
circumstance, is held invalid by a court of competent jurisdiction or other entity or agency
having jurisdiction to make such determination, the remainder of this Ordinance and the
application to other persons or circumstances remain in effect.

Section 4. Effective date; application. This ordinance shall be effective upon adoption. This
Ordinance does not affect rights, duties, or liabilities that matured, penalties that were incurred,
and proceedings that were begun, before its effective date. The law remains in force for the
purpose of sustaining any proper action or prosecution for the enforcement of the right, penalty,
forfeiture or liability.
Section 5. Recording of ordinance. The City Clerk is directed to obtain all signatures required
by the form of Ordinance adopted and maintain an executed original ordinance with the official
records of the City of Morgantown, to be maintained, preserved, and accessed in accordance with
the laws of the State of West Virginia and the City of Morgantown, and to take the following
additional actions: None.

FIRST READING: ______________________

________________________
Mayor

SECOND READING: ___________________
ADOPTED: ___________________________

________________________
City Clerk

FILED: _______________________________

93

Item 13C.

City Council
Agenda Item Summary
Council Meeting Date: 10/6/2026
Item:
Department:
Requested By:
Strategic Goal:

Ordinance Regulating Use of Surveillance Systems by the City
and on City Property
n/a
City Council
Safe and Welcoming

Recommended Motion: Move to approve the ordinance.

Item Summary:
City Council members have requested legislation to address privacy
interests of citizens related to increasing capabilities of technologies used by government
agencies, such as facial recognition, automated license plate readers, and various other
systems that can be used for conducting surveillance. In general, Council members
asked to follow the model of communities that have adopted legislation regulating
surveillance technology as a whole, by providing a public review and approval process to
ensure that any technology the City proposes to use or allow is reviewed by City Council
and governed by a specific use policy.
The ordinance covers three Articles of City Code: 115 - City Property; 116 – Face
Surveillance; and 117 – Surveillance Systems. Article 115 prohibits face surveillance,
ALPR, or surveillance systems on city property unless permitted by Article 117. This does
not govern private property or property of other government agencies, including state
roads, because the City does not control those properties. Article 116 prohibits City
officials/employees from using face surveillance unless permitted by Article 117. Article
117 provides a public process for City Council to approve or deny use of surveillance
technology (including face surveillance). Proposals to use the technology must come
with a Use Policy that will define things like access, audit trail, data sharing, and data
destruction.
This process only applies to real-time use – there is an exception for surveillance
(including face recognition) for non-real time investigative purposes. The ordinance also
provides standard data retention and destruction requirements.
Fiscal Impact:
No direct impact. The impact of particular proposed uses of
technology, including the costs for the technology and ancillary costs such as staffing or

{02122776.DOCX }

94

Item 13C.

City Council
Agenda Item Summary
time to perform required monitoring functions, is a part of the Council review process
established by the ordinance.

{02122776.DOCX }

95

Item 13C.

Ordinance No. 2026-____
AN ORDINANCE OF THE CITY OF MORGANTOWN
PROVIDING FOR REGULATION OF SURVEILLANCE SYSTEMS BY CITY
OFFICIALS AND EMPLOYEES AND ON CITY PROPERTY
The City of Morgantown hereby ordains as follows:
Section 1. Findings and Purpose.
The Common Council of The City of Morgantown finds and concludes that the increasing
capabilities of technological systems to monitor, collect, store, and aggregate information about
activities in public places create conditions that can impact expectations of privacy by members
of the public in a manner not previously available, and that the continued development of such
technologies may create additional risks in addition to its intended benefits. The Council finds
that these technologies should be regulated in a manner that is accessible to the public and
provides a method to ensure essential privacies are protected. This Ordinance is enacted to
establish minimum requirements for the use of these technologies on City properties, and by City
officials and employees, and to establish a process to review the proposed use of the technology
before it begins and to regularly review its implementation – if approved – to ensure it is meeting
requirements.
Section 2. Adoption of Amendment to Article 115 of the City Code, and establishing new
Articles 116 and 117 of the City Code.
Article 115 of the City Code, entitled “City Buildings and Properties” is hereby amended, and
new Articles 116, entitled “Face Surveillance Systems,” and 117, entitled “Surveillance
Technology,” are established, as follows (new matter underlined; deleted matter stricken):
ARTICLE 115. - CITY BUILDINGS AND PROPERTIES
Sec. 115.01. - Purpose; scope.
This article defines certain uses, regulations, and purposes for real estate and structures owned or
operated by the City of Morgantown. Except as otherwise stated herein, this article does not limit
or replace any City policy, rule, regulation, or guideline applicable to the use or management of
City property, including without limitation any provision of any lease or rental policy, or any
other provision of this Code or any rule, policy, or regulation adopted consistent with or pursuant
to this Code or generally applicable law.
Sec. 115.02. - Definitions.
The following terms shall have the meanings given for purposes of this article:

96

Item 13C.

Automated License Plate Reader (ALPR) system means a system, software, or computer
algorithm, whether used independently or in combination with one or more mobile or fixed
automated cameras, that is used to convert images of license plates into computer-readable data.
Characteristic tracking system means any software or system capable of tracking people and/or
objects based on characteristics such as color, size, shape, age, weight, speed, path, clothing,
accessories, vehicle make or model, or any other trait that can be used for tracking purposes.
City means The City of Morgantown, West Virginia, including its boards, commissions,
authorities, agencies, and other subordinate entities.
City official means any officer or employee of the City.
City Property means any land or real estate owned, leased, or controlled by the City, including
without limitation easements and/or rights of way.
Face surveillance means an automated or semi-automated process that: (A) assists in identifying
or verifying an individual based on an individual's face; or (B) identifies or logs characteristics of
an individual's face, head, or body, or movements thereof, to infer emotion, associations,
expressions, or the location of an individual, including any Characteristic tracking system
Face surveillance system means any computer software or application that performs face
surveillance
Public right-of-way means any Street or Highway, or Alley, as defined in Article 301 of this
Code, and any unopened or unimproved way dedicated to use by the City and under control of
the City.
Recording device means any electronic tool used to capture and store data—such as audio, video,
or physical measurements—for current observation or later playback, transcription, or analysis.
Safe-surrender site means each location designated as a safe-surrender site for infant children
who are 30 days old or younger pursuant to W. Va. Code § 49-4-206.
Sec. 115.05. – Placement, Operation, and Use of Recording Devices and other Technologies
on City Property.
(a)
The City will not install or maintain, nor allow any other person or entity to install or
maintain, any recording device on City Property that engages in Face Surveillance or includes a
Face Surveillance System, as defined in this Article, unless such use is specifically permitted
pursuant to Article 116 or Article 117 of this Code.
(b)
The City will not install or maintain, nor allow any other person or entity to install or
maintain, any ALPR device or system on City Property, unless such use is specifically permitted
pursuant to Article 117 of this Code.

97

Item 13C.

(c)
The City will not install or maintain, nor allow any other person or entity to install or
maintain, any Surveillance Technology on City Property, unless such use is specifically
permitted pursuant to Article 117 of this Code.
(d)
No permit shall be granted pursuant to Section 907.02 of this Code that would allow
installation, maintenance, or use of Face Surveillance or a Face Surveillance System, an ALPR
System, and/or any Surveillance Technology, unless such use is specifically permitted pursuant
to Article 116 or Article 117 of this Code.
ARTICLE 116. – FACE SURVEILLANCE SYSTEMS.
Sec. 116.01. – Purpose; scope.
While facial recognition technology can provide technological assistance with securely accessing
devices and facilities, its use for surveillance purposes substantially can have significant impacts
on individuals’ privacy interests. This Article regulates the use of face surveillance and face
surveillance systems by the City, and on property the City owns or controls, for the purpose of
protecting those privacy interests.
Sec. 116.02. – Definitions.
City means The City of Morgantown, West Virginia, including its boards, commissions,
authorities, agencies, and other subordinate entities.
City official means any officer or employee of the City.
Face surveillance means an automated or semi-automated process that: (A) assists in identifying
or verifying an individual based on an individual's face; or (B) identifies or logs characteristics of
an individual's face, head, or body, or movements thereof, to infer emotion, associations,
expressions, or the location of an individual, including any Characteristic tracking system
Face surveillance system means any computer software or application that performs face
surveillance
Sec. 116.03. - Limitation on face surveillance.
(a)
may:

Except as permitted by Article 117 of this Code, neither the City nor any City official

(1)
Obtain, retain, possess, access or use any face surveillance system or information
derived from a face surveillance system; provided, that the City or a City official may use a
system with the capability to conduct face surveillance so long as the City and/or City official’s
access to the system is restricted so that face surveillance is not available.

98

Item 13C.

(2)
Enter into an agreement with any third party for the purpose of obtaining,
retaining, possessing, accessing or using any face surveillance system; provided, that the City or
a City official may enter an agreement for a system with the capability to conduct face
surveillance so long as the City and/or City official’s access to the system is restricted by such
agreement so that face surveillance is not available; or
(3)
Issue any permit or enter into any other agreement that authorizes any third party,
to obtain, retain, possess, access or use any face surveillance system or information derived from
a face surveillance system.

(b)

Nothing in Subsection (a) shall prohibit the City or any City official from:

(1)
Using evidence relating to the investigation of a specific crime that may have
been generated from a face surveillance system, so long as such evidence was not generated by
or at the request of the City or any City official;
(2)

Obtaining or possessing:
(A)

An electronic device, such as a cell phone or computer, for evidentiary

purposes; or
(B)
An electronic device, such as a cell phone or tablet, or facility access or
employee timekeeping systems, that performs face surveillance for the sole purpose of user
authentication.
(3)
Using face recognition on an electronic device, such as a cell phone or tablet,
owned by the City or any City official, for the sole purpose of user authentication;
(4)
Using social media
communicating with the public;

or

communications

software

or

applications

for

(5)
Using automated redaction software for the purpose of redacting a record for
release to protect the privacy of a subject depicted in the record, so long as it does not generate or
result in the retention of any facial recognition information;
(6)
Complying with the National Child Search Assistance Act of 1990, 34 U.S.C. §§
41307 et seq., as amended;
(7)
Searching, reviewing, or analyzing, including with Face Surveillance technology,
existing stored data already in the possession of the City in order to assist with a Child Abduction
Emergency, also known as an “Amber Alert;”
(8)
Searching, reviewing, or analyzing, including with Face Surveillance technology,
existing stored data already in the possession of the City in order to assist with locating missing
persons with dementia, Alzheimer’s disease, or other mental disabilities, commonly known as a
“Silver Alert;”

99

Item 13C.

(9)
Analyzing static video or photographic evidence, including with Face
Surveillance technology, after a crime has occurred, provided, that this exception shall not be
interpreted or applied to permit any real-time Face Surveillance;
(10) Authorizing the United States Transportation Security Administration and/or its
contractors or agents from using face surveillance when performing airport security operations at
the Morgantown Municipal Airport; or
(11) Use of face surveillance by private entities leasing buildings or grounds, or
portions thereof, from the City, solely within their leased premises.
(c) Enforcement.
(1)
Face surveillance data collected or derived in violation of this Article shall be
considered unlawfully obtained and shall be deleted upon discovery, subject to applicable law.
(2)
No data collected or derived from any use of face surveillance in violation of this
Article and no evidence derived therefrom may be received in evidence in any proceeding in or
before any Department, Officer, Agency, regulatory body, committee or authority of the City.
(3)
Any violation of this Article constitutes an injury and any person may institute
proceedings for injunctive relief, declaratory relief or writ of mandamus in any court of
competent jurisdiction to enforce this Article.
(4)
Violations of this Article by a city employee shall furnish a basis for disciplinary
action, including but not limited to training, suspension, or termination, subject to personnel
policies and applicable law.
ARTICLE 117. – SURVEILLANCE TECHNOLOGY.
Sec. 117.01. – Purpose; scope.
This Article defines and regulates use of surveillance technology by the City, its officers, and
employees. Surveillance technology includes not just technology capable of accessing nonpublic places or information (such as wiretaps) but also may include technology which
aggregates publicly available information that, in the aggregate or when assembled with other
information, has the potential to reveal a wealth of detail about a person’s familial, political,
professional, religious, or personal associations that implicate privacy interests. Regulation
under this Article is intended to balance the legitimate uses of surveillance by the government to
investigate crime or provide certain public services, following appropriate legal process such as
obtaining warrants when required, with the protection of privacy interests of members of the
public.

100

Item 13C.

Sec. 117.02. – Definitions.
Access shall mean (a) operating, logging into, controlling, or otherwise using a surveillance
technology, or (b) viewing, downloading, transferring, or utilizing data or information derived
from a Surveillance Technology.
Audit trail means all records of queries and responses in any Surveillance Technology system,
and all records of actions in which system data is accessed, entered, updated, shared, or
disseminated, including the (i) date and time of access; (ii) license plate number or other data
elements used to query the system; (iii) specific permitted purpose for accessing or querying the
system, including the offense type for any criminal investigation; (iv) associated call for service
or case number, if any; and (v) username or identity of the person or persons who accessed or
queried the system.
Audit trail data means all forms of data collected or generated by a Surveillance Technology
system for purposes of producing an Audit Trail.
Automated License Plate Reader (ALPR) system means a system, software, or computer
algorithm, whether used independently or in combination with one or more mobile or fixed
automated cameras, that is used to convert images of license plates into computer-readable data.
Cellular communications interception technology, or cell site simulator (also known as
"Stingrays" or "IMSI Catchers") means any device that intercepts mobile telephony calling
information or content, including an international mobile subscriber identity catcher or other
virtual base transceiver station that masquerades as a cellular station and logs mobile telephony
calling information.
Characteristic tracking system means any software or system capable of tracking people and/or
objects based on characteristics such as color, size, shape, age, weight, speed, path, clothing,
accessories, vehicle make or model, or any other trait that can be used for tracking purposes.
City means The City of Morgantown, West Virginia, including its boards, commissions,
authorities, agencies, and other subordinate entities.
City official means any officer or employee of the City.
City Property means any land or real estate owned, leased, or controlled by the City, including
without limitation easements and/or rights of way.
Face surveillance means an automated or semi-automated process that: (A) assists in identifying
or verifying an individual based on an individual's face; or (B) identifies or logs characteristics of
an individual's face, head, or body, or movements thereof, to infer emotion, associations,
expressions, or the location of an individual, including any Characteristic tracking system
Face surveillance system means any computer software or application that performs face
surveillance

101

Item 13C.

Parking Ticket Device means mobile or cloud-connected devices used by parking enforcement
officers to check compliance, scan plates, and print or issue digital parking citations.
Predictive policing technology means the usage of predictive analytics software in law
enforcement to predict information or trends about criminality, including but not limited to the
perpetrator(s), victim(s), locations or frequency of future crime. It does not include, for example,
software used to collect or display historic crime statistics for informational purposes.
Public right-of-way means any Street or Highway, or Alley, as defined in Article 301 of this
Code, and any unopened or unimproved way dedicated to use by the City and under control of
the City.
Recording device means any electronic tool used to capture and store data—such as audio, video,
or physical measurements—for current observation or later playback, transcription, or analysis.
Sensitive Surveillance Technology Information means any information about Surveillance
Technology public disclosure of which would unreasonably expose or endanger City
infrastructure, would adversely impact operations of City agencies, or would be legally
prohibited.
Surveillance means observation of a place, person, group, or ongoing activity in order to gather
information.
Surveillance Data means any electronic data collected, captured, recorded, retained, processed,
intercepted, analyzed, or shared by Surveillance Technology.
Surveillance Technology means any hardware, software, electronic device, or system utilizing an
electronic device, designed or primarily intended to collect, retain, process, or share audio,
electronic, visual, location, thermal, biometric, olfactory or other personally identifiable
information of members of the public for the purpose of surveillance. Surveillance Technology
includes but is not limited to the following: cell site simulators; automatic license plate readers;
gunshot detection systems; predictive policing technology; face surveillance systems; gait
analysis software; characteristic tracking systems; video cameras that record audio or video and
can transmit or be remotely accessed; and unmanned aircraft systems equipped with remote
video capabilities, but does not include the following:
1.
Office hardware, such as televisions, computers, credit card machines, copy machines,
telephones and printers;
2.
Audio/video teleconference systems;
3.
City databases and enterprise systems that contain information, including, but not limited
to, human resource, permit, license and business records;
4.
City databases and enterprise systems that do not contain any data or other information
collected, captured, recorded, retained, processed, intercepted, or analyzed by surveillance
technology, including payroll, accounting, or other fiscal databases;
5.
Information technology security systems, including firewalls and other cybersecurity
systems;

102

Item 13C.

6.
Systems or databases that capture information where an individual knowingly and
voluntarily consented to provide the information, such as applying for a permit, license or
reporting an issue;
7.
Physical access control systems, employee identification management systems, and other
physical control systems;
8.
Infrastructure and mechanical control systems, including those that control or manage
street lights, traffic lights, or water or sewer functions;
9.
Manually-operated technological devices used primarily for internal City
communications and which are not designed to surreptitiously collect surveillance data, such as
radios, cell phones, personal communication devices and email systems;
10.
Manually-operated, non-wearable, handheld cameras, audio recorders and video
recorders that are not designed to be used surreptitiously and whose function is limited to
manually capturing and manually downloading video and/or audio recordings;
11.
Devices that cannot record or transmit audio or video or electronic data or be remotely
accessed, such as vision-stabilizing binoculars or night vision goggles;
12.
Computers, software, hardware or devices used in monitoring the work and work-related
activities involving City buildings, employees, contractors and volunteers or used in conducting
internal investigations involving City employees, contractors and volunteers;
13.
Medical equipment and systems used to record, diagnose, treat, or prevent disease or
injury and are used and/or kept in the course of providing City services;
14.
Parking Ticket Devices;
15.
Equipment used on a temporary basis during active investigations and in accordance
with City policies;
16.
Cameras intended to record activities at City facilities in nonpublic areas;
17.
Police Department interview rooms, holding cells, and Police Department internal
security audio/video recording systems;
18.
Police Department records/case management systems, digital fingerprinting systems,
Computer Aided Dispatch (CAD); and
19.
Fire Department equipment and technology used for Emergency Medical Services,
Hazardous Material, Lake Rescue and Heavy Urban Rescue, such as tunneling cameras, sonar,
and thermal imagining.
System data means all forms of data collected or generated by a Surveillance Technology,
including images of license plates, vehicles, any identifying characteristics of vehicles, the date,
time, and location of an image, and any peripheral images collected from which analytical data
may be extracted.
Vendor means a business, company, corporation, or other nongovernmental entity that contracts
with a governmental entity, officer, or employee for the installation, use, or maintenance of a
Surveillance Technology.
Sec. 117.03. – Use of Surveillance Technology.
Neither the City nor any City official will use, install, or maintain, nor allow any other person or
entity to use, install, or maintain, any Surveillance Technology, except as permitted by this
Article, and in accordance with the procedures established in this Article. ALPRs and Predictive

103

Item 13C.

Policing Technology are prohibited except as permitted by the procedures established in this
Article.
Sec. 117.04. - Authority to install, maintain, or use Surveillance Technology.
(a)

Surveillance Technology may only be acquired, installed, expanded, or used after
(i)

a public hearing before City Council, and

(ii)
approval by City Council. Any new use or expansion not previously approved
requires separate approval by City Council in accordance with this Section.
A new use or expansion requiring additional approval includes linking or cross-referencing
existing databases, adding new categories of data to a database, or using new analytic tools on an
existing database.
(b)
Prior to the public hearing before City Council, the department or individual requesting
approval for Surveillance Technology will submit to City Council the following information
regarding the requested Surveillance Technology:
(1)
Description and Purpose: A description of the technology or database, how it
works, and the purposes for which it will be used;
(2)
Efficacy: A statement explaining why the technology or database is necessary to
achieve its stated purposes; the basis for thinking that it will be effective in doing so; and a
description of any existing technologies or databases that the department or individual already is
using that perform similar functions;
(3)
Data Collection: For technologies that collect or analyze data, including
databases, a statement describing the types of data that will be collected or analyzed using the
technology; any measures that the department or individual will take to minimize the inadvertent
collection of additional data; how the department or individual will keep the data secure; whether
data will be shared with any other government or private entities, and if so, whether the entities
will be required to comply with the technology Use Policy as part of the data sharing agreement;
and the process of searching the technology or database, including the level of suspicion required
to search for data on any individual and any procedural authorization required within the City or
department;
(4)

Use Policy. A Use Policy that will govern the technology, as described in Section

117.05.
(5)
Potential Harms: A statement describing any potential harms that use of the
technology or database may impose, including privacy harms, racially disparate impacts, or
constitutional violations. The statement should also make clear what steps, if any, the department
or person plans to take to minimize potential harms, to prevent unauthorized use of the

104

Item 13C.

technology, and to audit its use to ensure that it is used in accordance with the Use Policy and
any other applicable City policy; and
(6)
Fiscal Impact: Statement describing the fiscal impact, including any personnel
costs associated with monitoring the technology’s use or complying with public records requests
or other disclosure obligations.
(c)

Council determination; Vendor certification.

(i)
City Council may only grant approval of a Surveillance Technology after
receiving the certification of the vendor of the Surveillance Technology that the vendor and its
affiliates will not sell or share any system data or audit trail data gathered in the City, except
upon request of the City; will only access system data or audit trail data upon request of the City
for maintenance and quality assurance purposes; the technology is capable of purging system
data collected or generated in the City after 30 days of the date of its capture, or earlier if
requested by the City, in such a manner that the system data is destroyed and not recoverable by
either the vendor or the City; and, the technology is capable of producing an audit trail and
purging audit trail data collected or generated in the City after two years of the date of its capture
in such a manner that the audit trail data is destroyed and not recoverable by either the vendor or
the City.
(ii)
After receiving the required vendor certification and conducting the public
hearing, City Council may approved the request, may approved the request and impose
conditions on the proposed technology or its use, or may deny the request, in its discretion.
Sec. 117.05. – Use Policy and reporting for Surveillance Technology.
(a)
Use Policy Required. Surveillance Technology shall be acquired, installed, used, and
maintained only in accordance with a Use Policy presented to City Council with the request for
approval, and which will provide for, at minimum, the components in Subsection (b).
(b)
Use Policy Contents.
components:
(1)

The Use Policy will contain, at minimum, the following

Authorized and prohibited use(s), including:
(A)

Which City personnel will have authority to use the technology; and

(B)
The legal and procedural rules that will govern each authorized use,
including each search of a database, and whether prior approval from a supervisor or court is
required before the technology is used;
(2)

Data retention, including:
(A)

How long data will be retained by the technology or database;

105

Item 13C.

(B)

The process by which data will be deleted after the retention period

(C)

How a log will be kept showing when data was deleted and by whom;

elapses; and

(3)

Data access, analysis, and release:

(A)
The circumstances under which data collected using technology may be
accessed for further investigation or included in a database; and
(B)
The circumstances under which data may be shared with other government
agencies, or with private entities or members of the public.
(4)

Documentation and supervisory review:

(A)
Whether and how City personnel must document their use of the
technology or database;
(B)
What responsibilities supervisors will have, if any, to document and
review each deployment or use.
(5)

Audit:
(A)

The schedule on which audits of system access and use will be prepared;

(B)

The contents of the audit trail or report.

and

Sec. 117.06. – Exceptions to Council Approval Requirements. The following uses of
Surveillance Technology do not require Council approval under Section 117.04:
(a)
Searching, reviewing, or analyzing, including with Face Surveillance technology or
ALPR technology, existing stored data already in the possession of the City in order to assist
with a Child Abduction Emergency, also known as an “Amber Alert;” or in order to assist with
locating missing persons with dementia, Alzheimer’s disease, or other mental disabilities,
commonly known as a “Silver Alert;” or
(b)
Analyzing static video or photographic evidence, including with Face Surveillance
technology or ALPR technology, after a crime has occurred; provided, that this exception shall
not be interpreted or applied to permit any real-time Face Surveillance or use of Surveillance
Technology.
(c)
Each Surveillance Technology used without City Council approval pursuant to this
Section shall follow the Annual reporting requirements of Section 117.08.

106

Item 13C.

Sec. 117.07. - Review of preexisting uses. Within one year of the effective date of this Article,
any department or person seeking to continue use of Surveillance Technology acquired, installed,
used, or maintained prior to the effective date of this Article shall request City Council approval
in accordance with Section 117.04. Until the determination of City Council, preexisting uses
may continue, notwithstanding any provision to the contrary within this Code.
Sec. 117.08. – Annual reports.
For each Surveillance Technology approved by City Council pursuant to Section 117.04, and for
any Surveillance Technology used as permitted by Section 117.06, the requesting department or
person shall report to City Council, on or before September 1 of each year, the following
information for the prior fiscal year ended June 30:
(1)
Use. Description of authorized users, number of times the system was accessed
by each users, and purpose for accessing the system.
(2)
Sharing.
Description of each third party granted access to the system,
duration of access, purpose of access, and whether access is ongoing.
(3)
Audit. Copy of each audit produced consistent with the governing Use Policy
during the reporting period.
(4)
Breaches and violations. Identification of any security breaches and each
violation of the Use Policy or governing law.
(5)
Cost. Amount paid for the system during the reporting period.
Sec. 117.09 – Data retention and destruction.
(a)
System data shall be purged after 14 days of the date of its capture in such a manner that
such data is destroyed and not recoverable by either the vendor or the City.
(b)
Audit trail data shall be purged after two years of the date of its capture in such a manner
that such data is destroyed and not recoverable by either the vendor or the City; provided, that
the City may retain Annual reports created pursuant to Section 117.08.
(c)
Notwithstanding the requirements of Subsections (a) and (b), if the system data or the
audit trail data is part of an anticipated or ongoing investigation, prosecution, or civil action, such
data shall be retained by the City until (i) the investigation concludes without any criminal
charges or (ii) the final disposition of any criminal or civil matter related to the data, including
any direct appeals and any writs of habeas corpus, in accordance with applicable records
retention law and policy.

Section 3. Repeal, Savings, Severability.
Any section of this Code repealed or modified by a subsequent ordinance will continue in force
until the effective date of the repealing ordinance.

107

Item 13C.

The repeal or modification of any part of this Code does not affect any existing right acquired, or
liability or obligation incurred, under the code sections amended or repealed unless the
modifying ordinance expressly so provides. Any repealed or modified part of this Code will
remain in force for the purpose of sustaining any proper legal proceedings and prosecutions
related to the enforcement of such right or liability brought prior to the repeal or modification.
The repeal of any repealing ordinance, clause, or provision does not revive any former
ordinance, clause, or provision unless expressly provided by ordinance.
If any provision of this Ordinance, or the application of this Ordinance to any person or
circumstance, is held invalid by a court of competent jurisdiction or other entity or agency
having jurisdiction to make such determination, the remainder of this Ordinance and the
application to other persons or circumstances remain in effect.

Section 4. Effective date; application. This ordinance shall be effective upon adoption. This
Ordinance does not affect rights, duties, or liabilities that matured, penalties that were incurred,
and proceedings that were begun, before its effective date. The law remains in force for the
purpose of sustaining any proper action or prosecution for the enforcement of the right, penalty,
forfeiture or liability.
Section 5. Recording of ordinance. The City Clerk is directed to obtain all signatures required
by the form of Ordinance adopted and maintain an executed original ordinance with the official
records of the City of Morgantown, to be maintained, preserved, and accessed in accordance with
the laws of the State of West Virginia and the City of Morgantown, and to take the following
additional actions: None.

FIRST READING: ______________________

________________________
Mayor

SECOND READING: ___________________
ADOPTED: ___________________________

________________________
City Clerk

FILED: _______________________________

108