ENROLLED
Senate Bill No. 291
(By Senators Ross, Dittmar, Love, Wiedebusch, Ball, McKenzie and
Buckalew)
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[Passed April 12, 1997; in effect ninety days from passage.]
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AN ACT to amend and reenact section twenty-three, article
seventeen, chapter seventeen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; and to further
amend said article by adding thereto two new sections,
designated sections thirty-five and thirty-six, all relating
to toll bridges; authorizing municipalities to maintain
ownership of toll bridges under certain circumstances;
establishing permissible uses of tolls collected; and
requiring municipalities retaining bridges to provide for
their maintenance and inspection.
Be it enacted by the Legislature of West Virginia:
That section twenty-three, article seventeen, chapter
seventeen of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted; and that said
article be further amended by adding thereto two new sections,
designated sections thirty-five and thirty-six, all to read as follows:
ARTICLE 17. TOLL BRIDGES.
§17-17-23. When tolls to cease.
Except as otherwise provided in section thirty-five of this
article, when the particular bonds issued for any bridge or
bridges and the interest thereon shall have been paid, or a
sufficient amount shall have been provided for their payment and
shall continue to be held for that purpose, and there are no
operating or maintenance expenses outstanding, and any advances
made from the state road fund toward the construction, operation
and maintenance of such bridge or bridges shall have been repaid,
the authority operating such bridge or bridges shall cease the
collection of tolls for the use thereof: Provided, That the
commissioner may, in his discretion, continue thereafter tolls
for a period sufficient to accumulate sufficient funds to pay for
major maintenance and repairs foreseeable as being needed on such
bridge or bridges in the immediate future: Provided, however,
That tolls may be imposed or reimposed on any such bridge or
bridges in the manner provided in section twenty-three-b of this
article. Thereafter, and as long as the cost of maintaining,
repairing and operating such bridge or bridges is being provided
for through means other than tolls, no tolls shall be charged for
transit thereover and such bridge or bridges shall be free:
Provided further, That notwithstanding any other provision of
law, if any portion of the cost of construction of a toll bridge is financed, with the aid of federal funds under federal-aid road
legislation and the share of the cost of such bridge borne by the
state or its subdivisions shall have been repaid from tolls, or
a fund sufficient for such repayment shall have been provided or
set aside for that purpose, tolls for the use of such bridge
shall cease and such bridge shall thereafter be maintained and
operated as a free bridge.
§17-17-35. Authorization for municipalities to maintain
ownership of and continue charging tolls for toll bridges
upon the payment of all bonds issued to acquire and
construct or refinance the bridge and the interest thereon;
permitted use of tolls collected.
Any municipality which owns and operates a toll bridge as of
the first day of January, one thousand nine hundred ninety-eight,
may, at the sole discretion of the municipality, and upon
adoption of a resolution to such effect by the council of such
municipality and subject to the requirements of section thirty- six of this article, retain ownership of the toll bridge and may
establish and retain toll charges for the use thereof after all
bonds issued for the acquisition and construction of the bridge,
all bonds issued to refinance such bonds and all interest on such
bonds have been paid or such payment has been provided for by
defeasement or otherwise. All such tolls collected after a
municipality determines to maintain ownership of a toll bridge
and the bonds issued for the acquisition and construction of such bridge or issued to refinance such bonds and all interest thereon
have been paid or such payment has been provided for by
defeasement or otherwise, shall be applied first to provide a
fund sufficient to pay the cost of maintaining, repairing,
operating and demolishing such bridge pursuant to section thirty- six of this article, and thereafter, for any legal purpose of the
municipality. Collected tolls remaining after providing for the
payment of the cost of maintaining, repairing, operating and
demolishing such bridge may be pledged or otherwise encumbered to
effectuate any municipal purpose.
§17-17-36. Maintenance of bridges retained by municipalities
after repayment of indebtedness thereon; inspections by
commissioner; bridge maintenance fund.
(a) Prior to a municipality retaining ownership of a bridge
pursuant to section thirty-five of this article, the municipality
shall notify the commissioner in writing of its intent to do so.
Upon receipt of such notice, the commissioner shall make an
initial inspection of the bridge to determine what repairs,
replacements, improvement and additions are necessary to place
the bridge in a safe and efficient condition for use of the
public, cause an estimate of the cost of such and shall also
provide an estimate of the amount of funds required annually to
maintain the bridge after completion of initial improvements.
The commissioner shall appoint an engineer to inspect the bridge
and to consult and assist the commissioner in making findings. The cost of the engineer's service shall be paid by the
municipality.
(b) The municipality shall make the improvements to the
bridge that are determined to be necessary by the commissioner.
The commissioner may make periodic inspections during
construction of improvements and at the completion of any
improvement project. The commissioner shall report on each
inspection to the municipality and include identification of any
deficiencies with recommended action to correct the deficiencies.
The municipality shall reimburse the commissioner for inspections
and reports.
(c) The municipality shall establish a separate fund,
designated as the "bridge maintenance fund". Proceeds in the
fund shall be expended for the purpose of improvements and
maintenance of the bridge in a safe and efficient condition for
use by the public. Upon the initial inspection of the bridge by
the commissioner pursuant to subsection (a) of this section, the
municipality shall deposit in the fund an amount equal to the
estimate of the commissioner for the costs of the initial
improvements to the bridge made pursuant to subsection (a) of
this section. Upon completion of the initial improvements, the
municipality shall maintain an adequate balance of moneys in the
fund sufficient to maintain the bridge annually, as determined by
the commissioner pursuant to subsection (a) of this section.