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.