ENGROSSED
Senate Bill No. 764
(By Senators Craigo, Anderson, Bailey, Chafin, Helmick,
Jackson, Love, Macnaughtan, Plymale, Prezioso, Sharpe, Walker,
Boley, Dugan, McKenzie, Minear and Sprouse)
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[Originating in the Committee on Finance;
reported March 4, 1998.]
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A BILL to amend and reenact section thirteen, article six-a,
chapter seventeen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to requiring the
parkways authority to pay one million dollars each year to the
Hatfield-McCoy trail development coalition, incorporated for
five years, beginning with the next fiscal year.
Be it enacted by the Legislature of West Virginia:
That section thirteen, article six-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 6A.WEST VIRGINIA PARKWAYS, ECONOMIC DEVELOPMENT AND
TOURISM AUTHORITY.
§17-6A-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 a 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 may contract with any person,
partnership, association or corporation desiring the use of any
part
thereof of a parkway project, 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 may fix the terms, conditions, rents and rates
of charges for
such that 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 the
parkway project or projects in connection with which the
bonds of any issue
shall have been issued as to provide a fund
sufficient with other revenues, if any, to pay: (1) The cost of
maintaining, repairing and operating
such the parkway project or
projects and (2) the principal of and the interest on
such the
bonds as the
same shall bonds become due and payable, and to create
reserves for
such those purposes.
Such The tolls, rents, fees and
other charges
shall are not
be subject to supervision or regulation by any other commission, board, bureau, department or agency of the
state. The tolls, rents, fees, charges and all other revenues
derived from the
parkway project or projects in connection with
which the bonds of any issue
shall have been issued, except
such
the part
thereof as may be of the revenues that are 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 is
hereby pledged to,
and charged with, the payment of: (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 principal 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. The use and
disposition of moneys to the credit of
such the sinking fund
shall
be are 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 is a fund for all
such bonds without distinction or priority of one over another.
The moneys in the sinking fund, less
such a reserve as
may be provided
for in
such the resolution or trust agreement, if not used
within a reasonable time for the purchase of bonds for cancellation
as
above provided
in this subsection, shall be applied to the
redemption of bonds at the redemption price then applicable.
(b) The parkways authority may 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 of an economic development
or tourism project, and may contract with any person, partnership,
association or corporation desiring the use of any part an economic
development or tourism project, 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 may fix the terms, conditions, rents and rates of
charges for that use. The rents, fees and charges shall be fixed
and adjusted in respect of the aggregate rents, fees and charges,
from the economic development or tourism project or projects in
connection with which the bonds of any issue have been issued as to
provide a fund sufficient with other revenues, if any, to pay: (1)
The cost of maintaining, repairing and operating the economic
development or tourism project or projects; (2) the principal of
and the interest on the bonds as the bonds become due and payable; and (3) one million dollars to the Hatfield-McCoy trail development
coalition, incorporated, and to create reserves for those purposes:
Provided, That parkways authority shall pay the one million dollars
to the Hatfield-McCoy trail development coalition each fiscal year
for five years, beginning with the fiscal year that begins on the
first day of July, one thousand nine hundred ninety-eight. The
rents, fees and other charges are not subject to supervision or
regulation by any other commission, board, bureau, department or
agency of the state. The rents, fees, charges and all other
revenues derived from the economic development or tourism project
or projects in connection with which the bonds of any issue have
been issued, except the part of the revenues that are necessary to
pay the cost of maintenance, repair and operation and to provide
the reserves therefor as may be provided for in the resolution
authorizing the issuance of bonds or in the trust agreement
securing the bonds, shall be set aside at regular intervals as
provided in the resolution or the trust agreement in a sinking fund
which is pledged to, and charged with, the payment of: (1) The
interest upon the bonds as the interest principal falls due; (2)
the principal of the bonds as the principal 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. The use and
disposition of moneys to the credit of the sinking fund are subject to the provisions of the resolution authorizing the issuance of
the bonds or of the trust agreement. Except as may otherwise be
provided in the resolution or the trust agreement, the sinking fund
shall be a fund for all bonds without distinction or priority of
one over another. The moneys in the sinking fund, less a reserve
as provided for in the resolution or trust agreement, if not used
within a reasonable time for the purchase of bonds for cancellation
as provided in this subsection, shall be applied to the redemption
of bonds at the redemption price then applicable.
(b)(c) 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 in
which 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 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 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.