H. B. 4740
(By Delegates Azinger, Modesitt, Beane,
Anderson and Border)
[Passed March 11, 2000; in effect ninety days from passage.]
AN ACT to amend article seventeen, chapter seventeen of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
thirty-seven, relating to giving a county commission the
opportunity to assume the ownership and control of a toll
bridge in the event the municipality which owns and operates
the bridge chooses not to retain ownership of the bridge.
Be it enacted by the Legislature of West Virginia:
That article seventeen, chapter seventeen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
thirty-seven, to read as follows:
ARTICLE 17. TOLL BRIDGES.
§17-17-37. Transfer of toll bridge to county.
Notwithstanding any provision of this code to the contrary, in the event the municipality which owns and operates a toll bridge
does not retain ownership of the bridge under the provisions of
section thirty-five of this article, the county commission of the
county in which the municipality is located has the option to take
over the ownership and operation of the bridge. The commissioner
of the divisions of highways shall notify the county commission in
writing when the opportunity to exercise the option exists. The
county commission has ninety days from receipt of the notification
to exercise its option. If the county commission decides to assume
the ownership and control of the bridge, it shall comply with all
applicable provisions of this article that are imposed on a
municipality that chooses to retain ownership of a toll bridge.