West Virginia Code § 17-16F-23

Rentals and other revenues from railroad projects; contracts and leases
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of division; cooperation of other governmental agencies; bonds of such agencies.
(a) The division shall charge, alter, and collect rates, rentals, or other charges for the use or
services of any project, and contract in the manner provided by this section with one or more
persons, one or more governmental agencies, or a combination, desiring the use or services,
and fix the terms, conditions, rates, rentals, or other charges for use or serveices. The rentals
or other charges are not subject to supervision, or regulation by any other division,
authority, department, commission, board, bureau, or agency of the starte, and the contract
may provide for acquisition by a person or governmental agency of all or any part of a
railroad project for consideration payable over the period of the contract or otherwise as the
division in its sole discretion determines to be appropriate, but subject to the provisions of
any authorized issue of railroad maintenance revenue bondst or notes or railroad
maintenance revenue refunding bonds of the division or any trust agreement securing the
same. Any governmental agency which has power to construct, operate, and maintain
railroad projects may enter into a contract or lease with the division whereby the use or
services of any railroad project of the division will be made available to such governmental
agency and pay for such use or services such rentals or other charges as may be agreed to
by such governmental agency and the division.
(b) Any governmental agency or agegncies shall cooperate with the division in the acquisition
or construction of a railroad project and shall enter into such agreements with the division
when necessary, facilitating coeoperation and safeguarding the respective interests of the
parties, which agreements shall provide for such contributions by the parties in such
proportion as may be agLreed upon and such other terms as may be mutually satisfactory to
the parties, including without limitation the authorization of the construction of the project
by one of the parties acting as agent for all of the parties and the ownership and control of
the project by the division to the extent necessary or appropriate for purposes of the
issuance of railroad maintenance revenue bonds by the commissioner. Any governmental
agency may provide contributions as is required under the agreements by the appropriation
of money or, if authorized by a favorable vote of the electors to issue bonds or notes or levy
taxes or assessments and issue notes or bonds in anticipation of the collection, by the
issuance of bonds or notes or by the levying of taxes or assessments and the issuance of
bonds or notes in anticipation of the collection, and by the payment of such appropriated
money or the proceeds of such bonds or notes to the division pursuant to such agreements.
(c) Any governmental agency, pursuant to a favorable vote of the electors in an election held
for the purpose of issuing bonds to provide funds to acquire, construct or equip, or provide
real estate and interests in real estate for a railroad project, whether or not the
governmental agency at the time of such election had the authority to pay the proceeds from
such bonds or notes issued in anticipation to the division as provided in this section, may
issue such bonds or notes in anticipation of the issuance and pay the proceeds to the division
in accordance with an agreement between such governmental agency and the division:
Provided, That the legislative authority of the governmental agency finds and determines
that the railroad project to be acquired or constructed by the division in cooperation with
such governmental agency will serve the same public purpose and meet substantially the
same public need as the facility otherwise proposed to be acquired or constructed by the
governmental agency with the proceeds of such bonds or notes.

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