H. B. 2442


(By Delegates Walters, Nesbitt and Henderson)
[Introduced February 10, 1995; 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 West Virginia parkways, economic development and tourism authority generally; and requiring that turnpike tolls be reduced to one dollar.

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.

§17-16A-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. The parkways authority is authorized and to contract with any person, partnership, association or corporation desiring the to use of any part thereof of any parkway, 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.
(b) Notwithstanding any other provision of this article to the contrary, effective the first day of July, one thousand nine hundred ninety-five: (1) The toll at the north plaza toll booth shall be one dollar; (2) the toll at the midway toll booth shall be one dollar; and (3) the toll at the southern plaza toll booth shall be one dollar.
(c) 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 the project or projects in connection with which the bonds of any issue shall have been were issued as to provide a fund sufficient with other revenues, if any, to pay: (a) (1) The cost of maintaining, repairing and operating such the project or projects; and (b) (2) 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.
(d) Such The tolls, rents, fees and other charges shall may not be subject to supervision or regulation by any other commission, board, bureau, department or agency of the state.
(e) 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 were issued, except such the part thereof as may be necessary to pay such the cost of maintenance, repair and operation and to provide such the reserves therefor as may be provided for in the resolution authorizing the issuance of such the bonds or in the trust agreement securing the same bonds, shall be set aside at such regular intervals as may be provided in such the resolution or such the trust agreement in a sinking fund. which The sinking fund is hereby pledged to, and charged with, the payment of: (1) The interest upon such the bonds as such the interest shall fall becomes due; (2) the principal of such the bonds as the same shall fall principal becomes 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. The use and disposition of moneys to the credit of such the sinking fund shall be subject to the provisions of the resolution authorizing the issuance of such the bonds or of such the trust agreement. Except as may otherwise be provided in such the resolution or such the trust agreement, such the 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 the reserve as may be provided in 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.
(b) (e) 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 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 The parkways authority may not enter into a 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 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 require that turnpike tolls be reduced to one dollar.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.