West Virginia Code § 17-16A-13

Tolls, rents, fees, charges and revenues; competitive bidding on
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contracts.
(a) The Parkways Authority is hereby authorized to fix, revise, charge and collect tolls and
fees 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 proeject, 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 adjoininrg the paved portion,
for placing thereon telephone, fiber optic or other data transmission lines or devices, 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 sutch use: Provided, That the
Parkways Authority may not charge tolls or fees for transit over an existing road without
express legislative authorization for the charging of such tolls or fees: Provided, however,
That an existing road does not include the West Virginia Turnpike, new lanes or new
sections of an existing road, the replacement or construction of any bridge or tunnel, or
related facilities. 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: (1) To pay the cost of acquiring,
constructing, reconstructing, maintaining, repairing, improving and operating such project
or projects and to create resereves therefor; (2) to pay the principal of and the interest on
such bonds and related costs and expenses as the same shall become due and payable, and
to create reserves for suLch purposes; and (3) to comply with any covenants under any trust
agreement securing any bonds issued by the Parkways Authority, or any predecessor
thereof, or to mainta in bond credit ratings. Such tolls, rents, fees and other charges shall not
be subject to Vsupervision 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 acquiring, constructing,
reconstructing, maintaining, improving, repairing and operating such project or projects 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 and trustees 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.
(b) 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 veending 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 erntered 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, except for a parkway project,
such proposal shall be made available to the public in a convtenient location in the county
wherein the proposed facility may be located. The Parkways Authority shall publish a notice
of the proposal by a Class I legal advertisement in accordance with the provisions of article
three, chapter fifty-nine of this code. The publication area shall be the county in which the
proposed facility would be located. Any citizen may communicate by writing to the Parkways
Authority his or her opposition to or approval to such proposal within a period of time not
less than forty-five days from the publication of the notice. No contract for the development
of an economic development project or a tourism project may be entered into by the
Parkways Authority until a public hearing is held in the vicinity of the location of the
proposed economic development project or tourism project with at least twenty days' notice
of such hearing by a Class I pueblication pursuant to section two of said article. The Parkways
Authority shall make written findings of fact prior to rendering a decision on any such
proposed project. All stuLdies, records, documents and other materials which are considered
by the Parkways Authority in making such findings shall be made available for public
inspection at the tim e of the publication of the notice of public hearing and at a convenient
location in theV county where the proposed economic development project or tourism 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 economic development project or tourism project.

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