Senate Bill No. 757
(By Senators Caruth, Guills, Weeks, Sprouse, Barnes and Yoder)
____________
[Introduced February 20, 2006; referred to the Committee
on Transportation and Infrastructure; and then to the Committee
on Finance.]
____________
A BILL to repeal §17-16A-2 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §17-16A-1, §17-16A-3,
§17-16A-4, §17-16A-5, §17-16A-6, §17-16A-7, §17-16A-8,
§17-16A-9, §17-16A-10, §17-16A-11, §17-16A-12, §17-16A-13,
§17-16A-15, §17-16A-16, §17-16A-17, §17-16A-18, §17-16A-18a,
§17-16A-20, §17-16A-21, §17-16A-22, §17-16A-23, §17-16A-25,
§17-16A-26, §17-16A-27 and §17-16A-29 of said code, all
relating to dissolution of the West Virginia Parkways,
Economic Development and Tourism Authority; and providing for
the transfer of powers over to the Secretary of the Department
of Transportation.
Be it enacted by the Legislature of West Virginia:
That §17-16A-2 of the Code of West Virginia, 1931, as amended,
be repealed; and that §17-16A-1, §17-16A-3, §17-16A-4, §17-16A-5, §17-16A-6, §17-16A-7, §17-16A-8, §17-16A-9, §17-16A-10, §17-16A-11,
§17-16A-12, §17-16A-13, §17-16A-15, §17-16A-16, §17-16A-17,
§17-16A-18, §17-16A-18a, §17-16A-20, §17-16A-21, §17-16A-22,
§17-16A-23, §17-16A-25, §17-16A-26, §17-16A-27 and §17-16A-29, be
amended and reenacted, all to read as follows:
ARTICLE 16A. WEST VIRGINIA PARKWAYS, ECONOMIC DEVELOPMENT AND
TOURISM
.
§17-16A-1. Constructing, operating, financing, etc., parkway,
economic development and tourism 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 (hereinafter created) Secretary of Transportation 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 defined in section five of
this article),
at such locations as shall be 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 projects.
§17-16A-3. Dissolution and termination of the West Virginia
Parkways, Economic Development and Tourism
Authority.
On and after the first day of
June July, one thousand nine
hundred eighty-nine two thousand six, the "West Virginia
turnpike
commission Parkways, Economic Development and Tourism Authority" is
hereby abolished in all respects, and
there is hereby created the
"West Virginia Parkways, Economic Development and Tourism
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 existing as of that date are transferred to and
held
by to be an essential governmental function the transportation secretary 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 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 for a full eight-year term. 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 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 duties shall take an oath as provided by
section five, 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 necessary for any
action taken by the parkways authority. No vacancy in the
membership of the parkways authority shall impair 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 call special meetings for any purpose or purposes:
Provided, That notice of any such meeting shall be given to all
members of the parkways authority not less than ten days prior to
said special meetings.
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 be
conditioned upon the faithful performance of the duties of his or
her 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 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 shall be payable solely
from funds provided under the authority of this article and no
liability or obligation shall be incurred by the parkways authority
hereunder beyond the extent to which moneys shall have been
provided under the authority of this article.
Pursuant to the provisions of article ten, chapter four of
this code, the West Virginia parkways, economic development and
tourism authority shall continue to exist until the first day of
July, two thousand five.
§17-16A-4. Transfer of powers, duties, functions, assets and liabilities of parkways authority to Secretary of
Transportation.
(a) The duties, powers and functions of the West Virginia
turnpike commission parkways authority are hereby transferred to
the
parkways authority West Virginia Secretary of Transportation.
(b) All obligations, indebtedness and other liabilities of,
and all rights, assets and other property owned by or used in the
administration of, the West Virginia
turnpike commission parkways
authority as of the first day of
June July, one thousand nine
hundred eighty-nine two thousand six, and all
compensated personnel
of said
turnpike commission parkways authority as of said date are
hereby assumed by and transferred to the
parkways authority
Transportation Secretary, which is hereby constituted the successor
in interest to said
commission parkways authority in all respects.
(c) All books, papers, maps, charts, plans, literature and
other records in the possession of the West Virginia
turnpike
commission parkways authority as of the first day of
June July, one
thousand nine hundred eighty-nine two thousand six, shall be
delivered or turned over to the
parkways authority Transportation
Secretary.
(d) The unexpended balance of appropriations or other funds
available for use of the West Virginia
turnpike commission parkways
authority as of the first day of
June July, one thousand nine
hundred eighty-nine two thousand six, is hereby transferred to the
parkways authority for the use of the parkways authority
Transportation Secretary.
§17-16A-5. Definitions.
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 the West Virginia
Parkways, Economic Development and Tourism Authority,
which is
created abolished and dissolved by section three of this article.
or if said parkways authority shall be abolished, the board, body,
commission or authority succeeding to the principal functions
thereof or to whom the powers given by this article to the parkways
authority shall be given by law
(b) The words "parkway project" mean any expressway, turnpike,
trunkline, feeder road, state local service road or park and forest
road which the
parkways authority Transportation Secretary 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 parkways authority pursuant to the authority granted to
it under the laws of this state prior to the first day of
June
July, one thousand nine hundred eighty-nine two thousand six, 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 Transportation Secretary may deem 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 July, one thousand nine hundred eighty-nine two thousand
six, together with all property, rights, easements and interests
which may be acquired by the
parkways authority Transportation
Secretary 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 July, one thousand nine hundred eighty-nine two
thousand six.
(c) The words "tourism project" mean: (i) Any park or tourist
facility and attraction which the
parkways authority Transportation
Secretary 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 Transportation Secretary 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 Transportation Secretary 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 July, one thousand nine hundred eighty-nine two
thousand six.
(d) The words "economic development project" mean any land or
water site, structure, facility or equipment which the
parkways
authority Transportation Secretary 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 Transportation Secretary for the
development, construction or operation of such project.
(e) The words "project" or "projects" mean a parkway project,
economic development project or tourism project, or any combination
thereof.
(f) The words "Transportation Secretary" mean the Secretary of
the State Department of Transportation.
(g) The words "West Virginia turnpike commission" mean the
state turnpike commission existing as of the first day of June, one
thousand nine hundred eighty-nine.
(h) (g) 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 Transportation Secretary determines may improve,
enhance or contribute to the development of the tourism industry in
the state.
(i) (h) The word "turnpike" means the West Virginia Turnpike
or any other toll road in the state.
(j) (i) The word "expressway" means any road serving major
intrastate and interstate travel, including federal interstate
routes.
(k) (j) The word "trunkline" means any road serving major city
to city travel.
(l) (k) The words "feeder roads" mean any road serving
community to community travel or collects and feeds traffic to an
expressway or turnpike.
(m) (l) The words "local service road" mean any local
arterialized and spur roads which provide land access and
socioeconomic benefits to abutting properties.
(n) (m) The words "park and forest roads" mean any road
serving travel within state parks, state forests and public hunting
and fishing areas.
(o) (n) 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 Transportation Secretary for such
construction, reconstruction, maintenance, improvement and repair,
the cost of all machinery, equipment, material and labor which are
deemed essential thereto, 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
construction and the placing of the project in operation or to the
operation of the project. Any obligation or expense hereafter
incurred by the commissioner of the
Department Division of Highways
with the approval of the
parkways authority Transportation
Secretary 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 project and shall be reimbursed to the
state out of the proceeds of parkway revenue bonds or revenue refunding bonds hereinafter authorized.
(p) (o) 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.
(q) (p) The words "West Virginia Turnpike" mean 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. Transportation Secretary's powers.
(a) The
parkways authority Transportation Secretary is hereby
authorized and empowered:
(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 at pleasure;
(3) To maintain an office at such place or places within the
state as it may designate;
(4) To sue and be sued in its own name, plead and be
impleaded. Any and all actions against the parkways authority shall
be brought only in the county in which the principal office of the
parkways authority shall be located;
(5) (1) To construct, reconstruct, improve, maintain, repair
and operate
parkway projects at such locations within the state:
as may be determined by the parkways authority Provided, That the
parkways authority Transportation Secretary shall be prohibited
from constructing motels or any other type of lodging facility
within five miles of the West Virginia Turnpike;
(6) (2) 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
costs may include, with respect to the West Virginia Turnpike, such
funds as 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 Provided, That beginning
the first day of July, two thousand six, once all existing parkway
revenue bonds have been repaid, the Transportation Secretary may
not issue any more parkway revenue bonds: Provided, however, That
beginning the first day of July, two thousand six, the
Transportation Secretary may not refinance any existing parkway
revenue bonds previously issued;
(7) (3) 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) (ii)
refunding any bonds which shall have been issued under the provisions of this article or any predecessor thereof:
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
Provided, That beginning the first day of July, two thousand six,
once all existing parkway revenue refunding bonds have been repaid,
the Transportation Secretary may not issue any more parkway revenue
refunding bonds: Provided, however, That beginning the first day
of July, two thousand six, the Transportation Secretary may not
refinance any existing parkway revenue refunding bonds previously
issued;
(8) (4) To fix and revise from time to time tolls for transit
over each parkway project constructed by
it he or she, or by the
West Virginia Turnpike Commission,
or by the parkways authority,
as provided in section thirteen of this article;
(9) (5) 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
previously
constructed by
it the parkways authority or for the use of any
building, structure or facility constructed by it in connection
with a parkway project:
Provided, That beginning the first day of
July, two thousand six, the Transportation Secretary may not
construct, finance or otherwise develop any additional tourism
projects or economic development projects;
(10) (6) To acquire, hold, lease and dispose of real and personal property in the exercise of
its his or her powers and the
performance of
its his or her duties under this article;
(11) (7) To acquire in the name of the state by purchase or
otherwise, on such terms and conditions and in such manner as it
may deem proper, or by the exercise of the right of condemnation in
the manner hereinafter provided, such 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 he or she may deem necessary for
carrying out the provisions of this article. No compensation shall
be paid for public lands, playgrounds, parks, parkways or
reservations so taken, 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) (8) 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 Transportation Secretary to ensure the proper operation
and maintenance of such project, and to prohibit entrance to such
project from any point or points not so designated;
(13) (9) To make and enter into all contracts and agreements
necessary or incidental to the performance of
its his or her duties
and the execution of
its his or her 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 his or her judgment, and to fix their compensation. All such
expenses shall be 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;
(14) (10) 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) (11) To receive and accept from any federal agency grants
for or in aid of the construction of any
parkway 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 grants and
contributions may be made;
(16) (12) To do all acts and things necessary or convenient to
carry out the powers expressly granted in this article; and
(17) (13) 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 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
Transportation Secretary.
(b) Nothing in this article shall 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-7. Transportation Secretary's incidental powers.
The
parkways authority Transportation Secretary shall have has
authority to construct grade separations at intersections of any
project with public roads and state highways and to change and
adjust the lines and grades of such roads and highways so as to
accommodate the same to the design of such grade separation. The
cost of such grade separations and any damage incurred in changing
and adjusting the lines and grades of such roads and highways shall
be ascertained and paid by the
parkways authority Transportation
Secretary as a part of the cost of such project.
If the
parkways authority Transportation Secretary shall find
it necessary to change the location of any portion of any public
road or state highway, it shall cause the same to be reconstructed
at such location as the
parkways authority Transportation Secretary
shall deem most favorable and of substantially the same type and in
as good condition as the original road or highway. The cost of such reconstruction and any damage incurred in changing the
location of any such road or highway shall be ascertained and paid
by the
parkways authority Transportation Secretary as a part of the
cost of such project.
Upon the request of the
parkways authority Transportation
Secretary, the commissioner of the State
department Division of
Highways shall relocate or discontinue any road or highway over
which he
or she has authority and control which is affected by the
construction of any project.
In addition to the foregoing powers, the
parkways authority
Transportation Secretary and
its his or her authorized agents and
employees may enter upon any lands, waters and premises in the
state for the purpose of making surveys, soundings, drillings and
examinations as
it he or she may
deem consider necessary or
convenient for the purposes of this article, and such entry
shall
may not be
deemed a trespass, nor shall an entry for such purposes
be
deemed an entry under any condemnation proceedings which may be
then pending. The
parkways authority Transportation Secretary
shall make reimbursement for any actual damages resulting to such
lands, waters and premises as a result of such activities.
The State of West Virginia hereby consents to the use of all
lands owned by it, including lands lying under water, which are
deemed considered by the
parkways authority Transportation
Secretary to be necessary for the construction or operation of any project.
§17-16A-8. Acquisition of land, property, easements, etc.
The
parkways authority Transportation Secretary is hereby
authorized and empowered to acquire by purchase, whenever
it he or
she shall
deem consider such purchase expedient, any land,
property, rights, rights-of-way, franchises, easements and other
interests in lands as
it he or she may
deem consider necessary or
convenient for the construction or operation of any
parkway project
upon such terms and at such price as may be considered by
it he or
she to be reasonable and can be agreed upon between the
parkways
authority Transportation Secretary and the owner thereof, and to
take title thereto in the name of the state.
§17-16A-9. Condemnation of property.
Whenever a reasonable price cannot be agreed upon, or whenever
the owner is legally incapacitated, or is absent, unknown or unable
to convey valid title, the
parkways authority Transportation
Secretary is hereby authorized and empowered to acquire, by the
exercise of the power of condemnation in accordance with and
subject to the provisions of any and all existing laws and statutes
applicable to the exercise of the power of condemnation of property
for public use, any land, property, rights, rights-of-way,
franchises, easements or other property deemed necessary or
convenient for the construction or the efficient operation of any
parkway project or necessary in the restoration of public or private property damaged or destroyed. In any condemnation
proceedings the court having jurisdiction of the suit, action or
proceeding may make such orders as may be just to the
parkways
authority Transportation Secretary and to the owners of the
property to be condemned and may require an undertaking or other
security to secure such owners against any loss or damage by reason
of the failure of the
parkways authority Transportation Secretary
to accept and pay for the property, but neither such undertaking or
security nor any act or obligation of the
parkways authority
Transportation Secretary shall impose any liability upon the state
or the
parkways authority Transportation Secretary except such as
may be paid from the funds provided under the authority of this
article.
§17-16A-10. Parkway revenue bonds generally.
(a)
The Parkways Authority is authorized to provide by
resolution 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 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 bonds shall be payable solely from the funds provided for
payment. Beginning the first day of July, two thousand six, once all existing parkway revenue bonds have been repaid, the
Transportation Secretary may not issue any more parkway revenue
bonds as mentioned in this section. Beginning the first day of
July, two thousand six, the Transportation Secretary may not
refinance any existing parkway revenue bonds previously issued.
(b) The bonds of each issue shall be dated, shall bear
interest at a rate as may be determined by the
Parkways Authority
Transportation Secretary in its sole discretion, shall mature at a
time not exceeding forty years from their date or of issue as may
be determined by the
Parkways Authority Transportation Secretary,
and may be made redeemable before maturity, at the option of the
Parkways Authority Transportation Secretary at a price and under
the terms and conditions as may be fixed by the
Parkways Authority
Transportation Secretary prior to the issuance of the bonds.
(c) The
Parkways Authority Transportation Secretary shall
determine the form of the bonds, including any interest coupons to
be attached thereto, and shall fix the denomination of the bonds
and the place of payment of principal and interest, which may be at
any bank or trust company within or without the state.
(d) The bonds shall be executed by manual or facsimile
signature by the chair of the
Parkways Authority Transportation
Secretary, and the official seal of the
Parkways Authority
Transportation Secretary 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 Transportation
Secretary. Any coupons attached to any bond shall bear the manual
or facsimile signature of the chair of the
Parkways Authority
Transportation Secretary.
(e) In case any officer whose signature or a facsimile of
whose signature appears on any bonds or coupons shall cease to be
an officer before the delivery of the bonds, the signature or
facsimile shall nevertheless be valid and sufficient for all
purposes the same as if he
or she had remained in office until
delivery. In case the seal of the
Parkways Authority
Transportation Secretary has been changed after a facsimile has
been imprinted on the bonds, then the facsimile seal will continue
to be sufficient for all purposes.
(f) All bonds issued under the provisions of this article
shall 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 Transportation Secretary may determine, 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 into coupon bonds of any bonds registered as to
both principal and interest.
(g) The
Parkways Authority Transportation Secretary may sell
the bonds at a public or private sale at a price it determines to be in the best interests of the state.
(h) 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 the bonds were issued, and shall be disbursed in
a manner consistent with the resolution authorizing the issuance of
the bonds or in the trust agreement securing the bonds.
(i) If the proceeds of the bonds of any issue, by error of
estimates or otherwise, shall be less than the cost, then
additional bonds may in like manner be issued to provide the amount
of the deficit. Unless otherwise provided in the resolution
authorizing the issuance of the bonds or in the trust agreement
securing the bonds, the additional bonds shall be deemed to be of
the same issue and shall be entitled to payment from the same fund
without preference or priority of the bonds first issued.
(j) If the proceeds of the bonds of any issue exceed the cost
of the project or projects for which the bonds were issued, then
the surplus shall be deposited to the credit of the sinking fund
for the bonds.
(k) Prior to the preparation of definitive bonds, the
Parkways Authority Transportation Secretary may, under like
restrictions, issue interim receipts or temporary bonds, with or
without coupons, exchangeable for definitive bonds when the bonds
have been executed and are available for delivery. The
Parkways
Authority Transportation Secretary may also provide for the replacement of any bonds that become mutilated or are destroyed or
lost.
(l) 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 in accordance with
this article.
§17-16A-11. Parkway revenue bonds--West Virginia Turnpike; related
projects.
(a) The
parkways authority Transportation Secretary is
authorized to provide by resolution, at one time or from time to
time, for the issuance of parkway revenue bonds of the state in an
aggregate outstanding principal amount not to exceed, from time to
time, two hundred million dollars for the purpose of paying: (i)
All or any part of the cost of the West Virginia Turnpike, which
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; (ii) all or any part of the cost of any one
or more parkway projects that involve improvements to or
enhancements of the West Virginia Turnpike, including, without
limitation, lane-widening on the West Virginia Turnpike and that
are or have been recommended by the
parkways authority's
Transportation Secretary's traffic engineers or consulting
engineers or by both of them prior to the issuance of parkway
revenue bonds for the project or projects; and (iii) to the extent permitted by federal law, all or any part of the cost of any
related parkway project. For purposes of this section 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
fifteen miles of the turnpike as it exists 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 in this section shall be construed as
prohibiting the
parkways authority Transportation Secretary 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 related parkway project:
Provided, however, That none of the
proceeds of the issuance of parkway revenue bonds under this
section shall 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 in this
section shall be construed as prohibiting the
parkways authority
Transportation Secretary 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 as long as the highway connects to
the West Virginia Turnpike as it existed as of the first day of
June, one thousand nine hundred eighty-nine:
And provided further,
That, for purposes of this section, in determining the amount of
bonds outstanding, from time to time, within the meaning of this
section: Original par amount or original stated principal amount
at the time of issuance of bonds shall be used to determine the
principal amount of bonds outstanding, except that the amount of
parkway revenue bonds outstanding under this section may not
include any bonds that have been retired through payment, defeased
through the deposit of funds irrevocably set aside for payment or
otherwise refunded so that they are no longer secured by toll
revenues of the West Virginia Turnpike:
And provided further, That
the authorization to issue bonds under this section is in addition
to the authorization and power to issue bonds under any other
section of this code:
And provided further, That, without
limitation of the authorized purposes for which parkway revenue
bonds are otherwise permitted to be issued under this section, and
without increasing the maximum principal par amount of parkway
revenue bonds permitted to be outstanding, from time to time, under
this section, the authority is specifically authorized by this
section to issue, at one time or from time to time, by resolution
or resolutions under this section, parkway revenue bonds under this section for the purpose of paying all or any part of the cost of
one or more parkway projects that: (i) Consist of enhancements or
improvements to the West Virginia Turnpike, including, without
limitation, projects involving lane widening, resurfacing, surface
replacement, bridge replacement, bridge improvements and
enhancements, other bridge work, drainage system improvements and
enhancements, drainage system replacements, safety improvements and
enhancements, and traffic flow improvements and enhancements; and
(ii) have been recommended by the
authority's secretary's
consulting engineers or traffic engineers, or both, prior to the
issuance of the bonds. Except as otherwise specifically provided
in this section, the issuance of parkway revenue bonds pursuant to
this section, the maturities and other details of the bonds, the
rights of the holders of the bonds, and the rights, duties and
obligations of the
parkways authority Transportation Secretary in
respect of the bonds shall be governed by the provisions of this
article insofar as the provisions are applicable.
(b)
Notwithstanding the provisions of subsection (a) of this
section, no additional bonds authorized by the amendments to this
section enacted during the regular session of the Legislature in
the year two thousand four may be issued until the parkways
authority has adopted by written resolution a final, irrevocable
decision to fully fund and complete the construction of a Shady
Spring connector and interchange connecting to the West Virginia Turnpike from its toll funds or from the proceeds of bonds issued
for that purpose pursuant to subsection (a) of this section, or
from both, or funded, in whole or in part, by federal highway funds
if they are available. Beginning the first day of July, two
thousand six, once all existing parkway revenue bonds have been
repaid, the Transportation Secretary may not issue any more parkway
revenue bonds: Provided, That beginning the first day of July, two
thousand six, the Transportation Secretary may not refinance any
existing parkway revenue bonds previously issued.
§17-16A-12. Parkway revenue bonds -- Trust agreement.
In the discretion of the
parkways authority Transportation
Secretary any bonds issued under the provisions of this article may
be secured by a trust agreement by and between the
parkways
authority Transportation Secretary and a corporate trustee, which
may be any trust company or bank having the powers of a trust
company within or without the state. Any such trust agreement may
pledge or assign the tolls, rents, fees, charges and other revenues
to be received, but shall not convey or mortgage any project or any
part thereof. Any such trust agreement or any resolution providing
for the issuance of such bonds may contain such provisions for
protecting and enforcing the rights and remedies of the bondholders
as may be reasonable and proper and not in violation of law,
including covenants setting forth the duties of the
parkways
authority Transportation Secretary in relation to the acquisition of property and the construction, reconstruction, improvement,
maintenance, repair, operation and insurance of the project or
projects in connection with which such bonds shall have been
authorized, and the custody, safeguarding and application of all
moneys, and provisions for the employment of consulting engineers
in connection with the construction or operation of such project or
projects. It shall be lawful for any bank or trust company
incorporated under the laws of the state which may act as
depository of the proceeds of bonds or of revenues to furnish such
indemnifying bonds, or to pledge such securities as may be required
by the
parkways authority Transportation Secretary. Any such trust
agreement may set forth the rights and remedies of the bondholders
and of the trustee, and may restrict the individual right of action
by bondholders as is customary in trust agreements or trust
indentures securing bonds and debentures of corporations. In
addition to the foregoing, any such trust agreement may contain
such other provisions as the
parkways authority Transportation
Secretary may deem reasonable and proper for the security of the
bondholders. All expenses incurred in carrying out the provisions
of any such trust agreement may be treated as a part of the cost of
the operation of the project or projects to which the trust
agreement applies.
§17-16A-13. Tolls, rents, fees, charges and revenues; competitive
bidding on contracts.
(a) (1) The
parkways authority Transportation Secretary 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, and to contract with any person, partnership,
association or corporation desiring the use of any part thereof,
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. Such 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 issued as to provide a fund
sufficient with other revenues, if any, to pay: (A) The cost of
maintaining, repairing and operating such project or projects; and
(B) the principal of and the interest on such bonds as the same
shall become due and payable and to create reserves for such
purposes.
Such tolls, rents, fees and other charges shall 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 project or
projects in connection with which the bonds of any issue shall have
been issued, except such part thereof as may be necessary to pay
the cost of maintenance, repair and operation and to provide such
reserves therefor as may be provided in the resolution authorizing
the issuance of such bonds or in the trust agreement securing the
same, shall be set aside at regular intervals as may be provided in
the resolution or the trust agreement in a sinking fund which is
hereby pledged to, and charged with, the payment of: (i) The
interest upon the bonds as such interest shall fall due; (ii) the
principal of the bonds as the same shall fall due; (iii) the
necessary charges of paying agents for paying principal and
interest; and (iv) 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 sinking fund shall be
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,
such sinking fund shall be a fund for all bonds without distinction
or priority of one over another. The moneys in the sinking fund,
less such reserve as may be provided in 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.
(2)(A) In fiscal year one thousand nine hundred ninety-eight,
after the
parkways authority Transportation Secretary has met or
provided for the satisfaction of each requirement imposed by the
provisions of subdivision (1) of this subsection, the
parkways
authority Transportation Secretary shall pay two hundred fifty
thousand dollars to the Hatfield-McCoy regional recreation
authority from any remaining balance of revenues received from
economic development projects and tourism projects.
(B) Upon the effective date of this act, the
parkways
authority Transportation Secretary shall seek authorization from
the federal highway administration, the State
Department Division
of Transportation and the trustee under any trust indenture or
agreement existing as the result of the issuance of any revenue
bonds under the provisions of this article to issue additional
revenue bonds in a total amount not to exceed six million dollars
for the purpose of funding projects of the Hatfield-McCoy regional
recreation authority. Upon the agreement of all of such entities
that the
parkways authority Transportation Secretary be authorized
to do so, as certified to the
parkways authority Transportation
Secretary, the Governor and the Joint Committee on Government and
Finance, the
parkways authority Transportation Secretary is
authorized to issue additional revenue bonds in a total amount not
to exceed six million dollars. The proceeds of the revenue bonds shall be used to fund projects of the Hatfield-McCoy regional
recreation authority. Each issuance of such revenue bonds and the
application of the proceeds thereof shall be subject to each
condition, restriction or other provision of this article
applicable to the issuance of parkway revenue bonds. In the event
the agreement is not certified as required by this subsection, and
until the same is certified, the
parkways authority Transportation
Secretary shall pay two hundred fifty thousand dollars to the
Hatfield-McCoy regional recreation authority in the fiscal year
ending the thirtieth day of June, two thousand, and in each fiscal
year thereafter, for a total of nine consecutive years, for the
purpose of funding projects of the Hatfield-McCoy regional
recreation authority. These amounts shall be paid in quarterly
installments from remaining balances in each fiscal year of
revenues received from economic development projects and tourism
projects as determined in the manner provided in paragraph (A) of
this subdivision.
(b) The
parkways authority Transportation Secretary 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
Transportation Secretary 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 Transportation Secretary receives a proposal for the
development of a project, such 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
Transportation Secretary 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 Transportation Secretary his or her opposition to or
approval to such 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 Transportation Secretary 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 of said article. The
parkways
authority Transportation Secretary 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 Transportation Secretary in
making such 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 Transportation Secretary
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.
§17-16A-15. Remedies.
Any holder of bonds issued under the provisions of this
article or any of the coupons appertaining thereto, and the trustee
under any trust agreement, except to the extent the rights herein
given may be restricted by such trust agreement, may, either at law
or in equity, by suit, action, mandamus or other proceeding,
protect and enforce any and all rights under the laws of the state
or granted hereunder or under such trust agreement or the
resolution authorizing the issuance of such bonds, and may enforce
and compel the performance of all duties required by this article
or by such trust agreement or resolution to be performed by the
parkways authority Transportation Secretary or by any officer
thereof, including the fixing, charging and collecting of tolls,
rents, fees and charges.
§17-16A-16. Exemption from taxation.
(a) The exercise of the powers granted by this article will be
in all respects for the benefit of the people of the state, for the
increase of their commerce and prosperity, and for the improvement
of their health and living conditions, and as the operation and
maintenance of projects by the
parkways authority Transportation
Secretary will constitute the performance of essential governmental
functions, the
parkways authority Transportation Secretary shall
not be required to pay any taxes or assessments upon any project or
any property acquired or used by the
parkways authority
Transportation Secretary under the provisions of this article or
upon the income therefrom, and the bonds issued under the
provisions of this article, their transfer and the income therefrom
(including any profit made on the sale thereof) shall at all times
be free from taxation within the state.
(b) In lieu of payment by the
parkways authority
Transportation Secretary of county property taxes and other
assessments on restaurant and gas service facilities owned by it,
or upon any facility described in subsection (b) of section
thirteen herein which is leased to any private person, corporation,
or entity, the
parkways authority Transportation Secretary shall
make an annual payment as provided herein to the county commission
of such county. Any
parkways authority Transportation Secretary
project which is leased and is exempt from taxation shall be
subject to a payment in lieu of taxes. Said payment shall be made to the county commission of the county in which the project is
located and shall be in an amount equal to the property taxes
otherwise payable. The county commission receiving such in lieu of
payment shall distribute such payment to the different levying
bodies in that county in the same manner as are property taxes.
Nothing contained herein may be construed to prohibit the
parkways
authority Transportation Secretary from collecting such in lieu
payment from any private party by contract or otherwise.
§17-16A-17. Repair, etc., of damaged property; conveyances, etc.,
by counties, cities, etc., to parkways authority;
maintenance and policing of projects; defrauding
transportation secretary; evading payment of tolls,
rents, fees or charges; trespassing.
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 out of funds provided under the
authority of this article.
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 lease, lend, grant or convey
to the
parkways authority Transportation Secretary at its request upon such terms and conditions as the proper authorities of such
counties, cities, villages, townships, other political subdivisions
or public agencies and commissions of the state may deem 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 Transportation
Secretary, including public roads and other real property already
devoted to public use.
Each project when constructed and opened to traffic or use
shall be maintained and kept in good condition and repair by the
parkways authority Transportation Secretary. The
parkways
authority Transportation Secretary and the Superintendent of the
Department of Public Safety State Police may by agreement provide
that such project or projects shall be policed by members of such
department under such terms and conditions as they may determine,
excepting that all costs thereof, either direct or indirect,
including overhead costs attributable thereto, shall be paid unto
such department by the
parkways authority Transportation Secretary
at regular intervals not to exceed one year.
Whoever shall knowingly or intentionally defraud or attempt to
defraud the
parkways authority Transportation Secretary, any of its
tolltakers or other employees in regard to the payment of tolls, rents, fees or charges established by the
parkways authority
Transportation Secretary for the use of any such project or evade
or attempt to evade or whoever shall aid another to evade or
attempt to evade the payment of such toll, rent, fee or charge or
whoever shall intentionally and knowingly trespass upon any project
shall be guilty of a misdemeanor; and for every such offense shall
upon conviction thereof be fined not in excess of fifty dollars.
Magistrate courts shall have jurisdiction of misdemeanors created
by this paragraph concurrently with circuit courts.
§17-16A-18. Cessation of tolls; commuter pass system.
(a) Except as provided herein, when all bonds issued under the
provisions of this article in connection with any parkway project
or projects and the interest thereon shall have been paid or a
sufficient amount for the payment of all such bonds and the
interest thereon to the maturity thereof shall have been set aside
in trust for the benefit of the bondholders, such project or
projects, if then in good condition and repair to the satisfaction
of the Commissioner of the State Division of Highways, shall be
transferred to the State Division of Highways and shall thereafter
be maintained by the State Division of Highways free of tolls:
Provided, That the
parkways authority Transportation Secretary may
thereafter charge tolls for the use of any such project and for the
reconstruction, improvement, maintenance and repair thereof, except
as may be limited by applicable federal laws, and pledge such tolls to the payment of bonds issued under the provisions of this article
in connection with another project or projects, or any combination
thereof, but any such pledge of tolls of a parkway project to the
payment of bonds issued in connection with another project or
projects shall not be effectual until the principal of and the
interest on the bonds issued in connection with the first mentioned
project shall have been paid or provision made for their payment.
(b) No later than the first day of February, one thousand nine
hundred ninety, the
parkways authority Transportation Secretary
shall discontinue, remove and not relocate all toll collection
facilities on the West Virginia Turnpike as the same existed on
June first, one thousand nine hundred eighty-nine, except for the
three main toll barriers and collection facilities, and provided
solely that the provisions of section eighteen-a are complied with,
the toll collection facilities at the intersection of U.S. Route 19
(Corridor "L") and said turnpike:
Provided, That nothing herein
may be construed to prohibit placement of new tolls to the extent
permitted by federal law for any new expressway, turnpike,
trunkline, feeder road, state local service road, or park and
forest road connected to the West Virginia Turnpike and constructed
after the first day of June, one thousand nine hundred eighty-nine.
§17-16A-18a. Corridor "L" toll fees authorized; commuter pass;
annual report.
(a) The
parkways authority Transportation Secretary is hereby
authorized to operate the currently existing toll collection
facility located at the interchange of U.S. Route 19 (Corridor "L")
and said turnpike subject to the following:
(1) The toll fee charges by the
parkways, economic development
and tourism authority Transportation Secretary at its toll
facilities located at the interchange of U.S. Route 19 (Corridor
"L") and said turnpike shall not exceed those toll charges levied
and collected by the authority at said interchange as of the first
day of January, one thousand nine hundred ninety, and hereafter, no
proposed increase in such toll fees shall be implemented by the
parkways authority Transportation Secretary unless the
authority
secretary shall have first complied with validly promulgated and
legislatively approved rules
and regulations pursuant to the
applicable provisions of 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 Secretary 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 secretary: Provided, That said system
of commuter passes shall, at a minimum, permit the holder of such
pass or passes, after paying the applicable fee to the
authority secretary, to travel through the U.S. Route 19 (Corridor "L")
turnpike interchange and toll facilities on an unlimited basis,
without additional charge therefor, for a period of one year after
the issuance of said commuter pass or passes:
Provided, however,
That the cost for such 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
Transportation Secretary is further hereby authorized and
empowered, in addition to the extent previously authorized and
empowered pursuant to section six and section thirteen-b, article
sixteen-a of this chapter, to promulgate rules 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,
shall be available only for use when operating or traveling in a
Class "A" motor vehicle as herein defined. Whoever shall knowingly
or intentionally utilize any commuter pass issued in accordance
with this section while operating other than a Class "A" motor
vehicle, as herein defined, 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 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
Transportation Secretary shall hereafter be authorized and
empowered to 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 Transportation
Secretary will 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. The reports shall include, but not
be limited to, disclosing separately the expenditure of said toll
revenues generated from the U.S. Route 19 (Corridor "L") turnpike
toll facility including a description of the purposes for which
such toll revenues are expended;
(5) In the event any court of competent jurisdiction shall
issue 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 Transportation Secretary 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 court order is final or all appeals to
said order have been exhausted;
(6) For the purpose of this section, a Class "A" vehicle shall
be defined as 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 code to the
contrary, the
parkways authority Transportation Secretary 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.
(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 Transportation Secretary as Barrier A, Barrier B and
Barrier C (I-64, I-77).
§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 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, and that the
construction of such parkway projects shall be considered as
developments of the state road system. 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
in its discretion to pledge by resolution and agreement annually to
pay from the state road fund, subject to all prior commitments of
such 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
hereafter constructed and the amount available in the hands of the
parkways authority Transportation Secretary to pay such
requirements, up to three fourths of one percent of the estimated
or actual construction cost of such parkway project or portion
thereof for which such pledge is made, until any bonds issued and
interest due upon the basis of such a pledge have been fully paid
and satisfied:
Provided, That the State
Department Division of Highways shall enter into no 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 Transportation Secretary a report and
finding 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 toll
highway.
§17-16A-21. Parkway revenue refunding bonds--Generally.
(a) The
parkways authority Transportation Secretary is hereby
authorized to provide by resolution for the issuance of parkway
revenue refunding bonds of the state for the purpose of refunding
any bonds then outstanding which shall have been issued under the
provisions of this article, including the payment of any redemption
premium thereon and any interest accrued or to accrue to the date
of redemption of such bonds; and, if deemed advisable by the
parkways authority Transportation Secretary, for the additional
purpose of constructing improvements, extensions or enlargements of
the project or projects in connection with which the bonds to be
refunded shall have been issued:
Provided, That this section shall
not be construed as authorizing the issuance of parkway revenue
refunding bonds for the purpose of refunding any bonds then outstanding which shall have been issued under the provisions of
this article, or any predecessor thereof, in connection with the
construction of the West Virginia Turnpike, which revenue refunding
bonds may be issued only as authorized under section twenty-two of
this article. The
parkways authority Transportation Secretary is
further authorized to provide by resolution for the issuance of
parkway revenue bonds of the state for the combined purpose of two
or more of the following:
(a) (1) Refunding any bonds then
outstanding which shall have been issued under the provisions of
this article, including the payment of any redemption premium
thereon and any interest accrued or to accrue to the date of
redemption of such bonds;
(b) (2) paying all or any part of the
cost of any additional project or projects; and
(c) (3) repaying to
the state all or any part of the state funds used to upgrade the
West Virginia Turnpike to federal interstate standards. The
issuance of such bonds, the maturities and other details thereof,
the rights of the holders thereof, and the rights, duties and
obligations of the
parkways authority Transportation Secretary in
respect of the same, shall be governed by the provisions of this
article insofar as the same may be applicable.
(b) Beginning the first day of July, two thousand six, once
all existing parkway revenue bonds have been repaid, the
Transportation Secretary may not issue any more parkway revenue
bonds. Beginning the first day of July, two thousand six, the Transportation Secretary may not refinance any existing parkway
revenue bonds previously issued.
§17-16A-22. Parkway revenue refunding bonds--West Virginia
Turnpike.
(a) The
parkways authority Transportation Secretary is hereby
authorized to provide by resolution for the issuance of parkway
revenue refunding bonds of the state in an aggregate principal
amount not to exceed sixty million dollars for the purpose of
refunding any bonds which shall have been issued under this
article, or any predecessor thereof, in connection with the
construction of the West Virginia Turnpike, including the payment
of any redemption premium thereon and any interest accrued or to
accrue to the date of redemption of such bonds, and, to the extent
permissible under federal law and if deemed advisable by the
parkways authority Transportation Secretary, for either or both of
the following purposes: (a) Paying all or any part of the cost of
any additional parkway project or projects, and (b) repaying to the
state all or any part of the state funds used to upgrade the West
Virginia Turnpike to federal interstate standards:
Provided, That
any proceeds derived from the issuance of such bonds which are used
on any parkway project other than the West Virginia Turnpike must
be used solely on parkway projects: (i) Which are either connected
to or intersect with the West Virginia Turnpike and are within
seventy-five fifteen air miles of said Turnpike as it exists on the first day of June, one thousand nine hundred eighty-nine, or any
subsequent expressway, trunkline, turnpike, feeder road, state
local service road or park and forest road constructed pursuant to
this article; and (ii) which involve the upgrading or addition of
interchanges, the construction of expressways or feeder roads, or
the upgrading or construction of information centers, visitors'
centers, rest stops, or any combination thereof:
Provided,
however, That none of the proceeds of the issuance of parkway
revenue refunding bonds issued under this section shall 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. Except as otherwise specifically provided in this
section, the issuance of parkway revenue refunding bonds pursuant
to this section, the maturities and other details thereof, the
rights of the holders thereof, and the rights, duties and
obligations of the
parkways authority Transportation Secretary in
respect of the same, shall be governed by the provisions of this
article insofar as the same may be applicable.
(b) Beginning the first day of July, two thousand six, once
all existing parkway revenue bonds have been repaid, the
Transportation Secretary may not issue any more parkway revenue
bonds. Beginning the first day of July, two thousand six, the
Transportation Secretary may not refinance any existing parkway
revenue bonds previously issued.
§17-16A-23. Special highway fund; appropriations from fund.
(a) There is hereby created a special fund in the State
Treasury which shall be designated and known as the "West Virginia
Special Highway Fund." The special highway fund shall consist of:
(i) All funds allocated and disbursed to the State
Department
Division of Highways by the
parkways authority Transportation
Secretary, including without limitation the proceeds of any parkway
revenue bonds or revenue refunding bonds issued by the
parkways
authority Transportation Secretary pursuant to sections eleven,
twenty-one or twenty-two of this article, in repayment of the
amount of state funds used to upgrade the West Virginia Turnpike to
federal interstate standards; (ii) any appropriations, grants,
gifts, contributions or other revenues received by the special
highway fund from any source, and (iii) all interest earned on
moneys held in the fund. When any funds are received by the State
Department Division of Highways from the
parkways authority
Transportation Secretary pursuant to this section, they shall be
paid into the State Treasury by the Commissioner of the
Department
Division of Highways and credited to the special highway fund, and
shall be disbursed in the manner set forth in subsections (b) and
(c) of this section. The special highway fund shall not be treated
by the Auditor and Treasurer as part of the state road fund or as
part of the general revenues of the state.
(b) The Governor shall have the authority to transfer to the insurance fund created in section eight, article fifteen, chapter
thirty-one of this code, on any date or dates after the enactment
of this section, up to thirty-five million dollars of the funds
received or earned by the special highway fund, which funds may be
used and applied by the West Virginia Economic Development
Authority in the manner and to the extent set forth in article
fifteen of said chapter thirty-one. On or before the thirty-first
day of December, one thousand nine hundred ninety-four, the
Economic Development Authority shall retransfer to the special
highway fund the thirty-five million dollars advanced to the
insurance fund pursuant to this section. All interest earned on
the thirty-five million dollars while being held in the insurance
fund shall remain in, and be the property of, said insurance fund:
Provided, That on and after the first day of July, one thousand
nine hundred ninety-two, the Governor shall have the authority to
transfer six million dollars from the insurance fund created in
section eight, article fifteen, chapter thirty-one of this code to
a special fund hereby created in the State Treasury and designated
"the West Virginia Economic Development Fund." Expenditures from
the fund are to be made only in accordance with appropriations by
the Legislature.
(c) Upon the transfer of thirty-five million dollars to the
insurance fund as provided in subsection (b) of this section, the
Legislature shall annually appropriate all or any part of the balance of the funds deposited in the special highway fund for the
construction, reconstruction, improvement, maintenance or repair of
any parkway project or projects:
Provided, That all of such funds
shall be appropriated to: (i) The upgrading or addition of
interchanges; (ii) the construction of expressways or feeder roads;
or (iii) the upgrading or construction of information centers,
visitors' centers, rest stops, or any combination thereof, and that
all such feeder roads, expressways, interchanges, information
centers, visitors' centers or rest stops shall connect to the West
Virginia Turnpike and within
seventy-five fifteen air miles of the
West Virginia Turnpike as it existed on the effective date of this
legislation, or any subsequent expressway, turnpike or feeder road
constructed pursuant to this subsection. The appropriation of
funds pursuant to this subsection shall be expended on more than
one project.
§17-16A-25. Additional powers of Transportation Secretary;
issuance of special obligation bonds.
(a) In addition to all powers granted by the foregoing
sections of this article, the
parkways authority Transportation
Secretary in connection with a proceeding prosecuted to completion
under Title 11, United States Code, Secs. 401-403, as permitted by
subdivision (17), section six of this article is hereby authorized
to provide by resolution for the issuance of special obligation
bonds of the state for the purpose of exchanging such special obligation bonds for all bonds then outstanding which shall have
been issued under the provisions of this article. Special
obligation bonds issued under the provisions of this section shall
not be deemed to constitute a debt of the state or of any political
subdivision thereof or a pledge of the faith and credit of the
state or of any such political subdivision, but such bonds shall be
payable solely from the funds herein provided therefor from pledged
property and income therefrom as provided in subdivision (1) of
this subsection. All such special obligation bonds shall contain
on the face thereof a statement in accordance with the preceding
sentence. The issuance of such bonds, the maturities and other
details thereof, the rights of the holders thereof, and the rights,
duties and obligations of the
parkways authority Transportation
Secretary in respect of the same shall be governed by the
provisions of this article insofar as the same may be applicable
with the following express exceptions:
(1) The principal of and the interest on such special
obligation bonds shall not be payable from tolls, rents, fees,
charges or revenues of any parkway project but shall be payable
solely from such other property purchased and pledged as security
therefor as the
parkways authority Transportation Secretary shall
determine together with the income derived therefrom which other
property may include direct obligations of, or obligations the
principal of and the interest on which are guaranteed by, the United States Government or participation certificates or other
obligations issued by or by authority of the United States
Government; and
(2) Following the issuance of such special obligation bonds
there shall be no obligation to fix, revise, charge and collect
tolls for the use of any parkway project and any parkway project
shall be transferred to the State
Department Division of Highways
and shall thereafter be maintained by the State
Department Division
of Highways free of tolls. At such time as the special obligation
bonds are issued, then section eighteen of this article shall be of
no further force and effect.
(b) Financial, legal, engineering and feasibility consultants
may be employed to perform such services as the
parkways authority
Transportation Secretary shall deem necessary or desirable in
connection with the Title 11 proceedings mentioned above and the
issuance and exchange of the special obligation bonds.
(c) The entire powers herein granted by this section to the
parkways authority Transportation Secretary may be exercised by the
State
Department Division of Highways in which event the special
obligation bonds herein authorized shall be executed by manual or
facsimile signature by the Governor and by the Commissioner of the
Department Division of Highways, and the official seal of the
Department Division of Highways shall be affixed to or printed on
each bond, and any coupons attached to such bonds shall bear the manual or facsimile signature of the Commissioner of the State
Department Division of Highways. In the event that the State
Department Division of Highways shall elect to exercise the powers
granted by this section, it shall file a statement to that effect
in the office of the
chairman of the parkways authority
Transportation Secretary and in the office of the Secretary of
State, and upon the issuance of the special obligation bonds herein
provided for, the State
Department Division of Highways shall
succeed immediately to the principal functions of the
parkways
authority Transportation Secretary. and the parkways authority
shall then be abolished
(d) Beginning the first day of July, two thousand six, once
all existing special obligation bonds have been repaid, the
Transportation Secretary may not issue any more special obligation
bonds as mentioned in this section. Beginning the first day of
July, two thousand six, the Transportation Secretary may not
refinance any existing special obligation bonds previously issued.
(d) (e) The State
Department Division of Highways is hereby
empowered to acquire
by purchase the parkways authority and all
its rights-of-way, equipment, facilities and any and all other
rights or interest the parkways authority has or had in any
project,
from any funds available to it and to pay any expenses
incident to such acquisition under the provisions of this article:
Provided, That the contribution of the State
Department Division of Highways in making such acquisition shall not exceed the sum of
twenty million dollars from all sources of public moneys of the
State of West Virginia, excluding any funds reimbursed or
reimbursable or otherwise provided or to be provided by the federal
government. No funds derived from the sale of the three hundred
fifty million dollars bond issue authorized by the roads
development amendment shall be included in the acquisition of the
West Virginia Turnpike.
§17-16A-26. Annual report.
The
parkways authority Transportation Secretary shall prepare
on an annual basis and provide to each member of the West Virginia
Legislature who so requests an annual report detailing the
financial condition and operations of the parkways.
authority The
parkways authority Transportation Secretary shall provide to the
Joint Committee on Government and Finance any financial statements
as may be required under any trust agreement to which the
parkways
authority Transportation Secretary is a party.
§17-16A-27. Exit awareness signs.
Consistent with applicable federal laws, rules and
regulations, the
parkways authority Transportation Secretary shall
develop and prepare a uniform roadway sign identifying the
availability of restaurants, gas stations, hotel accommodations and
emergency services available off each exit of the West Virginia Turnpike.
At every tourism project maintained or operated by the
parkways authority Transportation Secretary and which is
constructed after the effective date of this legislation, and, to
the extent permitted under the terms of the applicable lease, at
every currently existing service station, gas station, hotel or
restaurant, garage or store maintained, operated or leased by the
parkways authority Transportation Secretary, the
parkways authority
Transportation Secretary shall at no charge or cost permit the
placement of, in a conspicuous place, all reasonably sized
advertising literature prepared and delivered by hotels,
restaurants and other tourist attractions, whether public or
private, located within the State of West Virginia.
§17-16A-29. Effective date.
The provisions of this article as amended or added by this act
shall take effect on the first day of
June July, one thousand nine
hundred eighty-nine two thousand six.
NOTE: The purpose of this bill is to dissolve and abolish the
West Virginia Parkways, Economic Development and Tourism Authority
and transfer its powers over to the West Virginia Secretary of
Transportation.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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