Senate Bill No. 56
(By Senators Craigo, Helmick, Scott, Plymale, Sharpe, Deem,
Kimble and Ross)
____________
[Introduced February 17, 1997; referred to the Committee
on Government Organization; and then to the Committee on
Finance.]
____________
A BILL to amend and reenact sections one, three, five, six, ten,
eleven, thirteen, seventeen, eighteen-a, nineteen and
twenty, article sixteen-a, chapter seventeen of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, all relating to the West Virginia parkways,
economic development and tourism authority; deleting
economic development and tourism from the authority's name;
deleting references to economic development and tourism
projects and functions; becoming effective the first day of
July, one thousand nine hundred ninety-seven, returning
budgetary control of the parkways authority to the
Legislature; certain expenses payable solely from
legislative appropriation; and a special revenue fund created in the state treasury for revenues received by the
authority in excess of the amount needed to redeem bonds
issued by the authority, satisfy current debt service, meet
obligations in the bond resolution or trust agreement and to
maintain projects of the authority.
Be it enacted by the Legislature of West Virginia:
That sections one, three, five, six, ten, eleven, thirteen,
seventeen, eighteen-a, nineteen and twenty, article sixteen-a,
chapter seventeen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted, all to
read as follows:
ARTICLE 16A. WEST VIRGINIA PARKWAYS AUTHORITY.
§17-16A-1. Constructing, operating, financing, etc., parkway
projects.
In order to remove the present handicaps and hazards on the
congested highways and roads in the state of West Virginia, to
facilitate vehicular traffic throughout the state,
to promote and
enhance the tourism industry and to develop and improve tourist
facilities and attractions in the state, to promote the
agricultural
economic and industrial development of the state,
and to provide for the construction of modern express highways
including center divisions, ample shoulder widths, longsight
distances, the bypassing of cities, multiple lanes in each
direction and grade separations at all intersections with other highways and railroads, to provide for the development,
construction, improvement and enhancement of state parks
tourist
facilities and attractions, and to provide for the improvement
and enhancement of state parks presently existing, the West
Virginia parkways
economic development and tourism authority
created in section three of this article
(hereinafter created) is
hereby authorized and empowered to construct, reconstruct,
improve, maintain, repair and operate parkway projects
economic
development projects and tourism projects (as
those terms are
hereinafter that term is defined in section five of this article)
at
such the locations
as shall be that are approved by the state
department of transportation, and to issue parkway revenue bonds
of the state of West Virginia, payable solely from revenues, to
pay the cost of
such the projects.
§17-16A-3. Dissolution and termination of West Virginia turnpike
commission; West Virginia parkways authority generally.
On and after the
first thirtieth day of June, one thousand nine
hundred
eighty-nine, the West Virginia turnpike commission is
hereby abolished in all respects, and there is hereby created
ninety-seven, the "West Virginia Parkways
Economic Development
and Tourism Authority,"
is continued as the "West Virginia
Parkways Authority" and by that name the parkways authority may
sue and be sued and plead and be impleaded. The parkways
authority is
hereby constituted an agency of the state, and the exercise by the parkways authority of the powers conferred by
this article in the construction, reconstruction, improvement,
operation and maintenance of parkway
economic development and
tourism projects shall be
deemed considered and held to be an
essential governmental function of the state.
The West Virginia parkways
economic development and tourism
authority shall consist of seven members, including the
transportation secretary, who shall serve as chairman of the
parkways authority, and six members, including no less than one
from each of the counties which have land bordering parkway
projects, appointed by the governor, by and with the advice and
consent of the Senate. The appointed members shall be residents
of the state, and shall have been qualified electors
therein in
the state for a period of at least one year next preceding their
appointment.
Upon the effective date of this legislation, the
governor shall forthwith appoint six members of the parkways
authority for staggered terms. The terms of the parkways
authority members
first taking office on or after the effective
date of this legislation shall expire as designated by the
governor at the time of the nomination, one at the end of the
first year, one at the end of the second year, one at the end
of the third year, one at the end of the fifth year, one at the
end of the sixth year, and one at the end of the seventh year,
after the first day of June, one thousand nine hundred eighty- nine. As these original appointments expire, each subsequent appointment shall be are for
a full eight-year term eight years.
Any member whose term has expired shall serve until his
or her
successor has been duly appointed and qualified. Any person
appointed to fill a vacancy shall serve only for the unexpired
term. Any member
shall be is eligible for reappointment.
The
term of any person serving as a member of the West Virginia
turnpike commission immediately preceding the effective date of
this legislation shall cease and otherwise expire upon such
effective date: Provided, That any such member shall be eligible
for reappointment. Each appointed member of the parkways
authority before entering upon his
or her duties shall take an
oath as provided by section five of article IV of the
Constitution of the state of West Virginia.
The parkways authority shall elect one of the appointed
members as vice chairman, and shall also elect a secretary and
treasurer who need not be members of the parkways authority.
Four members of the parkways authority
shall constitute a quorum
and the vote of a majority of members present
shall be is
necessary for any action taken by the parkways authority. No
vacancy in the membership of the parkways authority
shall impair
impairs the right of a quorum to exercise all the rights and
perform all the duties of the parkways authority. The parkways
authority shall meet at least monthly and either the chairman or
any four members
shall be empowered to may call special meetings for any purpose or purposes:
Provided, That notice of any
such
special meeting shall be given to all members of the parkways
authority not less than ten days prior to
said the special
meetings meeting.
Before the issuance of any parkway revenue bonds or revenue
refunding bonds under the provisions of this article, each
appointed member of the parkways authority shall execute a surety
bond in the penal sum of twenty-five thousand dollars and the
secretary and treasurer shall execute a surety bond in the penal
sum of fifty thousand dollars. Each
such surety bond
to shall
be conditioned upon the faithful performance of the duties of
his
the member's office, to be executed by a surety company
authorized to transact business in the state of West Virginia as
surety and to be approved by the governor and filed in the office
of the secretary of state.
The members of the parkways authority
shall not be are not
entitled to compensation for their services, but each member
shall be reimbursed for his
or her actual expenses necessarily
incurred in the performance of his
or her duties. All expenses
incurred in
carrying out the provisions of this article
constructing, reconstructing, maintaining, improving, repairing,
operating and insuring projects authorized by this article and in
retiring the principal of and the interest on bonds issued by the
authority pursuant to this article or its predecessor shall be payable solely from
funds provided under the authority of this
article revenues and the proceeds from the sale of revenue bonds
and refunding bonds. On and after the first day of July, one
thousand nine hundred ninety-seven, all other expenses incurred
in carrying out the provisions of this article shall be payable
solely from funds appropriated for that purpose by the
Legislature and no liability or obligation shall be incurred by
the parkways authority
hereunder under this article beyond the
extent to which moneys shall have been provided under the
authority of this article.
§17-16A-5. Definitions.
Unless the context indicates or requires a different
meaning, as used in this article, the following words and terms
shall have the following meanings:
unless the context shall
indicate another or different meaning or intent
(a)
The words "Parkways authority"
mean means the West
Virginia parkways
economic development and tourism authority
created by section three of this article, or if
said the parkways
authority
shall be is abolished, the board, body, commission or
authority succeeding to the principal functions
thereof of the
parkways authority or to whom the powers given by this article to
the parkways authority
shall be are given by law;
(b)
The words "Parkway project"
mean means any expressway,
turnpike, trunkline, feeder road, state local service road or park and forest road which the parkways authority may at any time
determine to construct, reconstruct, maintain, improve or repair
under the provisions of this article, or any expressway, turnpike
or other road constructed by the West Virginia turnpike
commission pursuant to the authority granted to it under the laws
of this state prior to the first day of June, one thousand nine
hundred eighty-nine, and shall embrace all bridges, tunnels,
overpasses, underpasses, interchanges, entrance plazas,
approaches, toll houses, service stations and administration,
storage and other buildings, which the parkways authority may
deem consider necessary for the operation of the parkway project,
or which is used in the operation of a parkway project
constructed prior to the first day of June, one thousand nine
hundred eighty-nine, together with all property, rights,
easements and interests which may be acquired by the parkways
authority for the construction or the operation of the parkway
project or which were acquired in connection with or are used in
the operation of a parkway project constructed prior to the first
day of June, one thousand nine hundred eighty-nine;
(c) The words "tourism project" mean (i) any park or tourist
facility and attraction which the parkways authority may at any
time determine to create, develop, construct, reconstruct,
improve, maintain or repair under the provisions of this article,
and shall embrace all roads, interchanges, entrance plazas,
approaches, services stations, administration, storage and any other buildings or service stations, structures which the
parkways authority may deem necessary for the operation of the
tourism project, together with all property rights, easements and
interests which may be acquired by the parkways authority for the
construction or operation of the tourism project; and (ii) the
construction, reconstruction, improvement, maintenance and repair
of any park or tourist facility and attraction owned by the state
as of the first day of June, one thousand nine hundred eighty- nine;
(d) The words "economic development project" mean any land
or water site, structure, facility or equipment which the
parkways authority may at any time determine to acquire, create,
develop, construct, reconstruct, improve or repair under the
provisions of this article to promote the agricultural, economic
or industrial development of the state, together with all
property rights, easements and interests which may be acquired by
the parkways authority for the development, construction or
operation of such project;
(e) (c) The words "Project" or "projects"
mean means a
parkway project;
economic development project or tourism
project, or any combination thereof
(f) (d) The words "Transportation secretary"
mean means the
secretary of the state department of transportation;
(g) (e) The words "West Virginia turnpike commission"
mean
means the state turnpike commission existing as of the first day of June, one thousand nine hundred eighty-nine;
(h) The words "tourist facility and attraction" mean cabins,
lodges, recreational facilities, restaurants, and other revenue
producing facilities, any land or water site, and any information
center, visitors' center or rest stop which the parkways
authority determines may improve, enhance or contribute to the
development of the tourism industry in the state;
(i) (f) The word "Turnpike" means the West Virginia Turnpike
or any other toll road in the state;
(j) (g) The word "Expressway" means any road serving major
intrastate and interstate travel, including federal interstate
routes;
(k) (h) The word "Trunkline" means any road serving major
city to city travel;
(l) (i) The words "Feeder roads"
mean means any road serving
community to community travel or
that collects and feeds traffic
to an expressway or turnpike;
(m) (j) The words "Local service road"
mean means any local
arterialized and spur roads which provide land access and
socioeconomic benefits to abutting properties;
(n) (k) The words "Park and forest roads"
mean means any
road serving travel within state parks, state forests and public
hunting and fishing areas;
(o) (l) The word "Cost" as applied to any project, including
without limitation the West Virginia Turnpike in sections eleven and twenty-two of this article, embraces the cost of
construction, reconstruction, maintenance, improvement, repair
and operation of the project, the cost of the acquisition of all
land, rights-of-way, property, rights, easements and interests
acquired by the parkways authority for
such the construction,
reconstruction, maintenance, improvement and repair
of the
project, the cost of all machinery, equipment, material and labor
which are
deemed considered essential
thereto to the project, the
cost of improvements, the cost of financing charges, interest
prior to and during construction and for one year after
completion of construction, the cost of traffic estimates and of
engineering, consultant, accounting, architects', trustees' and
legal fees and expenses, plans, specifications, surveys,
estimates of cost and of revenues, other costs and expenses
necessary or incident to determining the feasibility or
practicability of constructing any
such project
administrative
expenses and
such other costs and expenses as may be necessary or
incident to the construction of the project, the financing of
such the construction and the placing of the project in operation
or to the operation of the project. Any obligation or expense
hereafter incurred
after the effective date of this section by
the commissioner of the
department division of highways with the
approval of the parkways authority for traffic surveys, borings,
preparation of plans and specifications, and other engineering
and consulting services in connection with the construction of a project shall be regarded as a part of the cost of
such the
project and shall be reimbursed to the state out of the proceeds
of parkway revenue bonds or revenue refunding bonds
hereinafter
authorized
by this article;
(p) (m) The word "Owner" includes all individuals,
copartnerships, associations or corporations having any title or
interest in any property, rights, easements and interests
authorized to be acquired by this article;
and
(q) (n) The words "West Virginia Turnpike"
mean means the
turnpike from Charleston to a point approximately one mile south
of the intersection of Interstate 77 and U. S. Route 460 near
Princeton in Mercer County, West Virginia, which road is
presently a part of the federal interstate highway system.
§17-16A-6. Parkways authority's powers.
(a) The parkways authority
is hereby authorized and
empowered may:
(1)
To Adopt bylaws for the regulation of its affairs and
the conduct of its business;
(2)
To Adopt an official seal and alter the
same seal at
its
pleasure;
(3)
To Maintain an office at
such any place or places within
the state as it
may designate designates;
(4)
To Sue and be sued in its own name
and plead and be
impleaded. Any
and all action against the parkways authority
shall may be brought only in the county in which the principal
office of the parkways authority
shall be is located;
(5)
To Construct, reconstruct, improve, maintain, repair and
operate projects at
such locations within the state as
may be
determined by the parkways authority:
Provided, That the
parkways authority
shall be is prohibited from constructing
motels or any other type of lodging facility within five miles of
the West Virginia Turnpike;
(6)
To Issue parkway revenue bonds of the state of West
Virginia, payable solely from revenues, for the purpose of paying
all or any part of the cost of any one or more projects.
which
The costs may include, with respect to the West Virginia
Turnpike,
such those funds
as that are necessary to repay to the
state of West Virginia all or any part of the state funds used to
upgrade the West Virginia Turnpike to federal interstate
standards;
(7)
To Issue parkway revenue refunding bonds of the state of
West Virginia, payable solely from revenues, for any one or more
of the following purposes: (i) Constructing improvements,
enlargements or extensions to the project in connection with
which the bonds to be refunded were issued; (ii) paying all or
part of the cost of any additional project or projects; (iii)
refunding any bonds which
shall have been were issued under the
provisions of this article or any predecessor
thereof of this article; and (iv) repaying to the state all or any part of the
state funds used to upgrade the West Virginia Turnpike to federal
interstate standards;
(8)
To Fix and revise from time to time tolls for transit
over each parkway project constructed by it or by the West
Virginia turnpike commission;
(9)
To Fix and revise from time to time rents, fees or other
charges, of whatever kind or character, for the use of
each
tourism project or economic development project constructed by it
or for the use of any building, structure or facility constructed
by it in connection with a parkway project;
(10)
To Acquire, hold, lease and dispose of real and
personal property in the exercise of its powers and the
performance of its duties under this article;
(11)
To Acquire in the name of the state by purchase or
otherwise, on
such the terms and conditions and in
such the
manner as it
may deem considers proper, or by the exercise of the
right of condemnation in the manner
hereinafter provided
in this
article, such the public or private lands, including public
parks, playgrounds or reservations, or parts thereof or rights
therein, rights-of-way, property, rights, easements and
interests, as it
may deem considers necessary for carrying out
the provisions of this article. No compensation
shall may be
paid for public lands, playgrounds, parks, parkways or
reservations
so taken
by the right of condemnation, and all public property damaged in carrying out the powers granted by
this article shall be restored or repaired and placed in its
original condition as nearly as practicable;
(12)
To Designate the locations, and establish, limit and
control
such points of ingress to and egress from each project as
may be necessary or desirable in the judgment of the parkways
authority to ensure the proper operation and maintenance of
such
the project, and to prohibit entrance to
such the project from
any
undesignated point or points;
not so designated
(13)
To Make and enter into all contracts and agreements
necessary or incidental to the performance of its duties and the
execution of its powers under this article, and
to employ
consulting engineers, attorneys, accountants, architects,
construction and financial experts, trustees, superintendents,
managers and
such other employees and agents as
may be necessary
in its judgment, and
to fix their compensation.
All such
Effective the first day of July, one thousand nine hundred
ninety-seven, these expenses
shall be are payable solely from
the
proceeds of parkway revenue bonds or parkway revenue refunding
bonds issued under the provisions of this article, tolls or from
revenues funds appropriated by the Legislature for these
purposes;
(14)
To Make and enter into all contracts, agreements or
other arrangements with any agency, department, division, board,
bureau, commission, authority or other governmental unit of the state to operate, maintain or repair any project;
(15)
To Receive and accept from any federal agency grants
for or in aid of the construction of any project, and
to receive
and accept aid or contributions from any source of
either money,
property, labor or other things of value, to be held, used and
applied only for the purposes for which
such the grants and
contributions
may be were made;
(16)
To Do all acts and things necessary or convenient to
carry out the powers expressly granted in this article; and
(17)
To File the necessary petition or petitions pursuant to
Title 11, United States Code, Sec. 401 (
being section 81 of the
act of Congress entitled "An act to establish a uniform system of
bankruptcy throughout the United States," approved July 1, 1898,
as amended) and to prosecute to completion all proceedings
permitted by Title 11, United States Code, Secs. 401-403 (
being
sections 81 to 83, inclusive, of
said that act of Congress). The
state of West Virginia hereby consents to the application of
said
Title 11, United States Code, Secs. 401-403, to the parkways
authority.
(b) Nothing in this article
shall may be construed to
prohibit the issuance of parkway revenue refunding bonds in a
common plan of financing with the issuance of parkway revenue
bonds.
§17-16A-10. Parkway revenue bonds -- Generally.
The parkways authority
is hereby authorized to may provide
by resolution, at one time or from time to time, for the issuance
of parkway revenue bonds of the state for the purpose of paying
all or any part of the cost of one or more projects:
Provided,
That this section
shall may not be construed as authorizing the
issuance of parkway revenue bonds for the purpose of paying the
cost of the West Virginia Turnpike, which
parkway revenue bonds
may be issued only as authorized under section eleven of this
article. The principal of and the interest on
such these bonds
shall be are payable solely from the funds
herein provided
in
this section for
such this payment. The bonds of each issue
shall be dated, shall bear interest at
such a rate or rates as
may be determined by the parkways authority in its sole
discretion, shall mature at
such a time or times not exceeding
forty years from their date or dates, as
may be determined by the
parkways authority, and may be made redeemable before maturity,
at the option of the parkways authority, at
such a price or
prices and under
such terms and conditions
as may be fixed by the
parkways authority prior to the issuance of the bonds. The
parkways authority shall determine the form of the bonds,
including any interest coupons to be attached
thereto to the
bonds, and shall fix the denomination or denominations of the
bonds and the place or places of payment of principal and
interest, which may be at any bank or trust company within or without the state. The bonds shall be executed by manual or
facsimile signature by the governor and by the chairman of the
parkways authority, and the official seal of the parkways
authority shall be affixed to or printed on each bond, and
attested, manually or by facsimile signature, by the secretary
and treasurer of the parkways authority.
and Any coupons
attached to any bond shall bear the manual or facsimile signature
of the chairman of the parkways authority. In case any officer
whose signature or a facsimile of whose signature appears on any
bonds or coupons
shall cease ceases to be
such an officer before
the delivery of
such the bonds,
such the signature or facsimile
shall is nevertheless
be valid and sufficient for all purposes
the same as if he
or she had remained in office until
such the
delivery.
and, In case the seal of the parkways authority has
been changed after a facsimile has been imprinted on
such the
bonds,
such the facsimile seal will continue to be sufficient
for all purposes. All bonds issued under the provisions of this
article shall have and are hereby declared to have all the
qualities and incidents of negotiable instruments under the
negotiable instruments law of the state. The bonds may be issued
in coupon or in registered form, or both, as the parkways
authority
may determine determines, and provision may be made for
the registration of any coupon bonds as to principal alone and
also as to both principal and interest, and for the
recorders
reconversion into coupon bonds of any bonds registered as to both principal and interest. The parkways authority may sell
such the
bonds in
such any manner, either at public or at private sale,
and for
such a price,
as it
may determine determines to be in the
best interests of the state.
The proceeds of the bonds of each issue shall be used solely
for the payment of the cost of the parkway project or projects
for which
such the bonds
shall have been were issued, and shall
be disbursed in
such a manner and under
such the restrictions, if
any,
as the parkways authority
may provide provides in the
resolution authorizing the issuance of
such the bonds or in
the
a trust agreement
hereinafter mentioned securing the
same bonds,
as provided in section twelve of this article. If the proceeds
of the bonds of any issue, by error of estimates or otherwise,
shall be are less than
such the cost, additional bonds may in
like manner be issued to provide the amount of
such the deficit.
and, Unless otherwise provided in the resolution authorizing the
issuance of
such the bonds or in the trust agreement securing,
the same the additional bonds shall be
deemed considered to be of
the same issue and
shall be are entitled to payment from the same
fund without preference or priority of the bonds first issued.
If the proceeds of the bonds of any issue
shall exceed the cost
of the project or projects for which
the same shall have been
those bonds were issued, the surplus shall be deposited
to the
credit of the sinking fund for such bonds in the state treasury
and credited to the general revenue fund.
Prior to the preparation of definitive bonds, the parkways
authority may, under like restrictions, issue interim receipts or
temporary bonds, with or without coupons, exchangeable for
definitive bonds when
such the definitive bonds
shall have been
executed and are available for delivery. The parkways authority
may also provide for the replacement of any bonds which
shall
become mutilated,
or shall be destroyed or lost. Bonds may be
issued under the provisions of this article without obtaining the
consent of any department, division, commission, board, bureau or
agency of the state, and without any other proceedings or the
happening of any other conditions or things than those
proceedings, conditions or things which are specifically required
by this article.
§17-16A-11. Parkway revenue bonds -- West Virginia Turnpike;
related projects.
The parkways authority
is hereby authorized to may provide
by resolution, at one time or from time to time, for the issuance
of parkway revenue bonds of the state in an aggregate principal
amount not to exceed eighty-three million dollars for the purpose
of paying: (i) All or any part of the cost of the West Virginia
Turnpike, which
cost may include, but not be limited to, an
amount equal to the state funds used to upgrade the West Virginia
Turnpike to federal interstate standards; and (ii) to the extent
permitted by federal law, all or any part of the cost of any related parkway project. For purposes of this section
eleven
only, a "related parkway project" means any information center,
visitors' center or rest stop, or any combination thereof, and
any expressway, turnpike, trunkline, feeder road, state local
service road or park and forest road which connects to or
intersects with the West Virginia Turnpike and is located within
seventy-five miles of
said the turnpike as it
exists existed on
the first day of June, one thousand nine hundred eighty-nine, or
any subsequent expressway, trunkline, feeder road, state local
service road or park and forest road constructed pursuant to this
article:
Provided, That nothing
herein shall be in this section
may be construed as prohibiting the parkways authority from
issuing parkway revenue bonds pursuant to section ten of this
article for the purpose of paying all or any part of the cost of
any such a related parkway project:
Provided, however, That none
of the proceeds of the issuance of parkway revenue bonds under
this section
shall may be used to pay all or any part of the cost
of any economic development project, except as provided in
section twenty-three of this article:
Provided further, That
nothing
herein shall in this section may be construed as
prohibiting the parkways authority from issuing additional
parkway revenue bonds to the extent permitted by applicable
federal law for the purpose of constructing, maintaining and
operating any highway constructed, in whole or in part, with money obtained from
the appalachian regional commission
so as
long as
said the highway connects to the West Virginia Turnpike
as it existed
as of on the first day of June, one thousand nine
hundred eighty-nine. Except as otherwise specifically provided
in this section, the issuance of parkway revenue bonds pursuant
to this section, the maturities and other details,
thereof the
rights of the holders
thereof, of the revenue bonds and the
rights, duties and obligations of the parkways authority in
respect of the
same revenue bonds, shall be governed by the
provisions of this article insofar as
the same may be they are
applicable.
§17-16A-13. Tolls, rents, fees, charges and revenues;
competitive bidding on contracts.
(a) The parkways authority
is hereby authorized to may fix,
revise, charge and collect tolls for the use of each parkway
project and the different parts or sections
thereof of each
parkway project 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 of a project, including the right-of-way
adjoining the paved portion, for placing
thereon on it 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 The 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 generated by the project or projects in connection with
which the bonds of
any an issue
shall have been were issued
so as
to provide a fund sufficient
by itself or with other revenues, if
any, to pay (a) the cost of maintaining, repairing and operating
such the project or projects and (b) the principal of and the
interest on
such the bonds as
the same shall they become due and
payable.
and to create reserves for such purposes Determination
of the amount of such the tolls, rents, fees and other charges
shall not be are not subject to supervision or regulation by any
other commission, board, bureau, department or agency of the
state.
Except for that part of the revenues that is necessary to
pay the cost of maintenance, repair and operation and to provide
any reserves for these costs required by the resolution
authorizing the bond issue or by the trust agreement securing the
bonds, the tolls, rents, fees, charges and all other revenues
derived from the project or projects in connection with which the
bonds of
any an issue
shall have been were 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 deposited at
such regular intervals as
may be provided
in
such the resolution or
such trust agreement in
a sinking fund
which a special revenue fund hereby established for this purpose
in the state treasury. This special revenue fund shall be known
as the "Parkways Authority Bond Repayment Fund." is hereby
pledged to, and charged with, the payment of The parkways
authority shall use moneys in the fund to pay: (1) The interest
upon
such the bonds as
such the interest
shall fall falls due;
(2) the principal of
such the bonds as
the same shall fall it
falls due; (3) the necessary charges of paying agents for paying
principal and interest; and (4) the redemption price or the
purchase price of bonds retired by call or purchase as
therein
provided
in the bond issue. The use and disposition of moneys to
the credit of
such sinking fund this special revenue fund shall
be are subject to the provisions of the resolution authorizing
the issuance of
such the bonds or of
such the trust agreement
securing the bonds. Except as may otherwise be provided in
such
the resolution or
such the trust agreement,
such sinking fund the
special revenue fund shall be a fund for all
such bonds without
distinction or priority of one over another.
If not used for the
purchase of bonds for cancellation within a reasonable time as
provided in this section, the moneys in the
sinking fund, special
revenue fund, less
such any reserve
as may be provided in required by such the 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
deposited into the general revenue fund in the state treasury and
are thereafter subject to appropriation by the Legislature.
(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 the proposal shall be made
available to the public in a convenient location in the county
wherein where 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 of the
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 the 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 the 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
article
three, chapter twenty-nine-a of this code for the conduct of any
hearing required by this section. Persons attending
any such a
hearing shall be afforded a reasonable opportunity to speak and
be heard on the proposed project.
§17-16A-17. Repair, etc., of damaged property; conveyances,
etc., by counties, cities, etc., to parkways
authority; maintenance and policing of projects;
defrauding parkways authority; evading payment of tolls, rents, fees or charges; trespassing.
(a) All private property damaged or destroyed in carrying
out the powers granted by this article shall be restored or
repaired and placed in its original condition as nearly as
practicable or adequate compensation made
therefor for the
restoration or repair out of funds provided under the authority
of this article.
(b) All counties, cities, villages, townships and other
political subdivisions and all public agencies and commissions of
the state of West Virginia, notwithstanding any contrary
provision of law,
are hereby authorized and empowered to may
lease, lend, grant or convey to the parkways authority at its
request upon such terms and conditions as the proper authorities
of
such those counties, cities, villages, townships, other
political subdivisions or public agencies and commissions of the
state may
deem consider reasonable and fair and without the
necessity for any advertisement, order of court or other action
or formality, other than the regular and formal action of the
authorities concerned, any real property which may be necessary
or convenient to the effectuation of the authorized purposes of
the parkways authority, including public roads and other real
property already devoted to public use.
(c) Each project when constructed and opened to traffic or
use shall be maintained and kept in good condition and repair by the parkways authority. The parkways authority and the
superintendent of the
department of public safety West Virginia
state police may by agreement provide that
such the project or
projects shall be policed by members of
such department the state
police under such terms and conditions as they may determine.
excepting that However, all costs
thereof of the policing,
either direct or indirect, including overhead costs attributable
thereto to the policing, shall be paid
unto such department to
the state police by the parkways authority at regular intervals
not to exceed one year.
(d) Whoever shall knowingly or intentionally defraud or
attempt Any person who knowingly or intentionally defrauds or
attempts to defraud the parkways authority, any of its tolltakers
or other employees in regard to the payment of tolls, rents, fees
or charges established by the parkways authority for the use of
any
such project or
evade or attempt who evades or attempts to
evade or
whoever shall aid who aids another to evade or attempt
to evade the payment of
such the toll, rent, fee or charge or
whoever shall who intentionally and knowingly
trespass trespasses
upon any project
shall be is guilty of a misdemeanor and for
every
such offense shall, upon conviction thereof, be fined not
in excess of more than fifty dollars. Magistrate courts
shall
have jurisdiction of misdemeanors created by this
paragraph
subsection concurrently with circuit courts.
§17-16A-18a. Corridor "L" toll fees authorized; commuter pass;
annual report.
(a) The parkways authority is hereby authorized to operate
the currently existing toll collection facility located at the
interchange of U.S. Route 19 (Corridor "L") and
said the turnpike
subject to the following:
(1) The toll fee charges by the parkways
economic
development and tourism authority at its toll facilities located
at the interchange of U.S. Route 19 (Corridor "L") and
said the
turnpike
shall may not exceed those toll charges levied and
collected by the authority at
said the interchange as of the
first day of January, one thousand nine hundred ninety, and
hereafter, no proposed increase in
such the toll fees shall be
implemented by the parkways authority unless the authority
shall
have has first complied with validly promulgated and
legislatively approved rules
and regulations pursuant to the
applicable provisions of
article three, chapter twenty-nine-a of
this code;
(2) As soon as reasonably possible after the effective date
of this legislation, but in no event later than the first day of
July, one thousand nine hundred ninety, the authority shall
establish, advertise, implement and otherwise make generally
available to all qualified members of the public, resident or
nonresident, a system of commuter passes, in a form to be determined by the authority:
Provided, That
said the system of
commuter passes shall, at a minimum, permit the holder of
such
the pass or passes, after paying the applicable fee to the
authority, to travel through the U.S. Route 19 (Corridor "L")
turnpike interchange and toll facilities on an unlimited basis,
without additional charge,
therefor for the travel for a period
of one year after the issuance of
said the commuter pass or
passes:
Provided, however, That the cost for
such the commuter
pass or passes shall in no event aggregate more than five dollars
per year for a full calendar year of unlimited travel through the
U.S. Route 19 (Corridor "L") turnpike interchange toll
facilities.
To the extent required or necessary, the parkways authority
is further hereby authorized and empowered, may in addition to
the extent
it was previously authorized and empowered pursuant
to section six and section thirteen-b, article sixteen-a of this
chapter,
to promulgate propose rules
for promulgation in
accordance with chapter twenty-nine-a of this code with regard to
the implementation of proposed future toll increases at the U.S.
Route 19 (Corridor "L") turnpike toll facility;
(3) The system of commuter passes implemented in accordance
with the provisions of subdivision (2), subsection (a),
above,
of this section shall be available only for use when operating or
traveling in a Class "A" motor vehicle as
herein defined
in this section. Whoever
shall knowingly or intentionally
utilize uses
any commuter pass issued in accordance with this section while
operating other than a Class "A" motor vehicle, as
herein
defined,
in this section at the U.S. Route 19 (Corridor "L")
turnpike toll facility, or any other toll facility at or upon
which
such pass may later be usable,
shall be is guilty of a
misdemeanor and for every
such offense shall, upon conviction
thereof, be punished in accordance with the provisions of section
seventeen, article sixteen-a of this chapter.
and The parkways
authority
shall hereafter be authorized and empowered to may
cancel any
such commuter pass or passes improperly used in
accordance with this section;
(4) In addition to the annual report required by section
twenty-six of this article, the parkways authority
will shall
prepare and deliver to the governor, the speaker of the House of
Delegates and the president of the Senate a separate annual
report of toll revenues collected from the U.S. Route 19
(Corridor "L") turnpike toll facility. The report shall disclose
separately the toll revenues generated from regular traffic and
the commuter pass created
herein in this section. The reports
shall include, but not be limited to, disclosing separately the
expenditure of
said the toll revenues generated from the U.S.
Route 19 (Corridor "L") turnpike toll facility including a
description of the purposes for which
such the toll revenues are
expended;
(5) In the event any court of competent jurisdiction
shall
issue issues an order which adjudges that any portion of
subdivision (1), (2) or (3), subsection (a) of this section is
illegal, unconstitutional, unenforceable or in any manner
invalid, the parkways authority shall discontinue, remove and not
otherwise relocate the U.S. Route 19 (Corridor "L") turnpike toll
facility within three hundred sixty-five days after the date upon
which
said the court order is final or all appeals to
said the
order have been exhausted;
(6) For the purpose of this section, a Class "A" vehicle
shall be defined as is a motor vehicle of passenger type and
truck with a gross weight of not more than 8,000 pounds and
registered or eligible for registration as a Class "A" vehicle in
accordance with section one, article ten, chapter seventeen-a of
this code;
as the same is currently constituted and
(7) Notwithstanding any other provisions of
the this code to
the contrary, the parkways authority may not promulgate emergency
rules in accordance with section fifteen, article three, chapter
twenty-nine-a of this code to increase or decrease toll fees or
the commuter pass fee established
herein in this section.
(b) Nothing in this section is to be construed to apply to,
regulate, or in any manner affect the operation of the three main
line toll barriers and toll collection facilities currently
located on the West Virginia Turnpike and operated by the
parkways authority as Barrier A, Barrier B and Barrier C (I-64, I-77).
§17-16A-19. Preliminary expenses.
The commissioner of the state
department division of
highways
is hereby authorized may in his
or her discretion
to
expend out of any funds available for the purpose
such the moneys
as may be necessary for the study of any parkway
economic
development or tourism project or projects and to use the
department division of highway's engineering and other forces,
including consulting engineers and traffic engineers, for the
purpose of effecting
such the study and to pay for
such the
additional engineering and traffic and other expert studies as he
or she may deem considers expedient.
and All
such expenses
incurred by the state
department division of highways prior to
the issuance of parkway revenue bonds or revenue refunding bonds
under the provisions of this article shall be paid by the state
department division of highways and charged to the appropriate
project or projects, and the state
department division of
highways shall keep proper records and accounts showing each
amount so charged. Upon the sale of parkway revenue bonds or
revenue refunding bonds for any project or projects,
the parkways
authority shall reimburse the state division of highways from the
proceeds of the bonds the funds
so expended by the
state
department of highways division in connection with
such the
project or projects.
shall be reimbursed to the state department of highways from the proceeds of such bonds
§17-16A-20. Parkway projects part of state road system; pledge
of limited funds by state division of highways in case of deficit.
It is hereby declared that any expressway, turnpike, feeder
road, state local service road or park and forest road or other
road, or any subsequent expressway, turnpike feeder road, state
local service road, park and forest road or other road
constructed pursuant to this article
shall be is a part of the
state road system, although subject to the provisions of this
article and of any bonds or trust agreements entered into
pursuant
thereto to the bonds, and that the construction of
such
the parkway projects shall be considered as developments of the
state road system.
Notwithstanding, any other provisions of this
article to the contrary,
notwithstanding in order to encourage
the development of the state road system, the state
is authorized
may in its discretion
to pledge by resolution and agreement
annually to pay from the state road fund, subject to all prior
commitments of
such the fund which shall be stated in the
resolution and agreement, the amount of any yearly deficit
between the principal and interest requirements of any
such
parkway project or portion
thereof of a parkway project hereafter
constructed and the amount available in the hands of the parkways
authority to pay
such the requirements, up to three fourths of one percent of the estimated or actual construction cost of
such
the parkway project or portion
thereof of the parkway project
for which
such the pledge is made, until any bonds issued and
interest due upon the basis of
such a the pledge have been fully
paid and satisfied:
Provided, That the state
department division
of highways
shall may not enter into
no any agreement with
underwriters on any bond issue for the purpose of constructing or
aiding in the construction of any toll road unless
and until
there is filed with the parkways authority a report and
finding
findings of reputable traffic engineers of national standing,
showing that the earnings from the proposed toll road will be
sufficient to provide annual income in an amount at least large
enough to cover the annual cost of retiring the indebtedness,
including interest
sinking fund and operating costs of
such the
toll highway.
NOTE: The purpose of this bill is to reorganize the
Parkways, Economic Development and Tourism Authority by deleting
all references to economic development and tourism powers and
duties, renaming the authority and returning its budget to
legislative control. The bill requires that all revenues and
proceeds from the sale of bonds issued under this article
necessary for debt service and retirement of the bonds,
maintenance and upkeep of Parkway projects and any other
obligation under the bond resolution or trust agreement securing
the bonds, be deposited into a special revenue fund dedicated
solely to those costs, with any excess being deposited into the
general revenue fund in the state treasury. All expenses of the
Authority, except for those mandated by the bond issues are
payable solely from funds appropriated by the Legislature for
such purposes. The bill also makes technical amendments and
updates certain references.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.