H. B. 2009
(By Delegate Love)
[Introduced January 10, 1996; referred to the
Committee on Roads and Transportation then Finance.]
A BILL to amend and reenact section thirteen, article sixteen-a,
chapter seventeen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to the
parkways authority; and removing tolls on the West Virginia
Turnpike for motorcycles.
Be it enacted by the Legislature of West Virginia:
That section thirteen, article sixteen-a, chapter seventeen
of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted to read as
follows:
ARTICLE 16A. WEST VIRGINIA PARKWAYS, ECONOMIC DEVELOPMENT AND
TOURISM AUTHORITY.
§17-16
A-13. Tolls, rents, fees, charges and revenues;
competitive bidding on contracts.
(a) The parkways authority is hereby authorized to fix,
revise, charge and collect tolls for the use of each parkway project and the different parts or sections thereof, and to fix,
revise, charge and collect rents, fees, charges and other
revenues, of whatever kind or character, for the use of each
economic development project or tourism project, or any part or
section thereof, and to contract with any person, partnership,
association or corporation desiring the use of any part thereof,
including the right-of-way adjoining the paved portion, for
placing thereon telephone, telegraph, electric light, power or
other utility lines, gas stations, garages, stores, hotels,
restaurants and advertising signs, or for any other purpose
except for tracks for railroad or railway use, and to fix the
terms, conditions, rents and rates of charges for such use. Such
tolls, rents, fees and charges shall be so fixed and adjusted in
respect of the aggregate of tolls, or in respect of the aggregate
rents, fees and charges, from the project or projects in
connection with which the bonds of any issue shall have been
issued as to provide a fund sufficient with other revenues, if
any, to pay: (1) The cost of maintaining, repairing and operating
such project or projects; and (2) the principal of and the
interest on such bonds as the same shall become due and payable,
and to create reserves for such purposes. Such tolls, rents,
fees and other charges shall not be subject to supervision or regulation by any other commission, board, bureau, department or
agency of the state. The tolls, rents, fees, charges and all
other revenues derived from the project or projects in connection
with which the bonds of any issue shall have been issued, except
such part thereof as may be necessary to pay such cost of
maintenance, repair and operation and to provide such reserves
therefor as may be provided for in the resolution authorizing the
issuance of such bonds or in the trust agreement securing the
same, shall be set aside at such regular intervals as may be
provided in such resolution or such trust agreement in a sinking
fund which is hereby pledged to, and charged with, the payment
of: (A) The interest upon such bonds as such interest shall fall
due; (B) the principal of such bonds as the same shall fall due;
(C) the necessary charges of paying agents for paying principal
and interest; and (D) the redemption price or the purchase price
of bonds retired by call or purchase as therein provided. The
use and disposition of moneys to the credit of such sinking fund
shall be subject to the provisions of the resolution authorizing
the issuance of such bonds or of such trust agreement. Except as
may otherwise be provided in such resolution or such trust
agreement, such sinking fund shall be a fund for all such bonds
without distinction or priority of one over another. The moneys in the sinking fund, less such reserve as may be provided in such
resolution or trust agreement, if not used within a reasonable
time for the purchase of bonds for cancellation as above
provided, shall be applied to the redemption of bonds at the
redemption price then applicable.
Effective the first day of July, one thousand nine hundred
ninety-five, the parkways authority shall remove tolls for
motorcycles on the West Virginia Turnpike.
(b) The parkways authority shall cause, as soon as it is
legally able to do so, all contracts to which it is a party and
which relate to the operation, maintenance or use of any
restaurant, motel or other lodging facility, truck and automobile
service facility, food vending facility or any other service
facility located along the West Virginia Turnpike, to be renewed
on a competitive bid basis. All contracts relating to any
facility or services entered into by the parkways authority with
a private party with respect to any project constructed after the
effective date of this legislation shall be let on a competitive
bid basis only. If the parkways authority receives a proposal
for the development of a project, such proposal shall be made
available to the public in a convenient location in the county
wherein the proposed facility may be located. The parkways authority shall publish a notice of the proposal by a Class I
legal advertisement in accordance with the provisions of article
three, chapter fifty-nine of this code. The publication area
shall be the county in which the proposed facility would be
located. Any citizen may communicate by writing to the parkways
authority his or her opposition to or approval to such proposal
within a period of time not less than forty-five days from the
publication of the notice. No contract for the development of a
project may be entered into by the parkways authority until a
public hearing is held in the vicinity of the location of the
proposed project with at least twenty days notice of such hearing
by a Class I publication pursuant to section two, article three,
chapter fifty-nine of this code. The parkways authority shall
make written findings of fact prior to rendering a decision on
any proposed project. All studies, records, documents and other
materials which are considered by the parkways authority in
making such findings shall be made available for public
inspection at the time of the publication of the notice of public
hearing and at a convenient location in the county where the
proposed project may be located. The parkways authority shall
promulgate rules in accordance with chapter twenty-nine-a of this
code for the conduct of any hearing required by this section. Persons attending any such hearing shall be afforded a reasonable
opportunity to speak and be heard on the proposed project.
NOTE: The purpose of this bill is to remove tolls for
motorcycles on the West Virginia Turnpike.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.