Any municipality which owns and operates a toll bridge as of January 1, 1998, may, at the sole discretion of the municipality, and upon adoption of a resolution to such effect by the council of such municipality and subject to the requirements of section thirty-six of this article, retain ownership of the toll bridge and may establish and retain toll charges for the use thereof after all bonds issued for the acquisition and construction of the bridge, all bonds issued to refinance such bonds and all interest on such bonds have been paid or such payment has been provided for by defeasement or otherwise. All such tolls collected after a municipality determines to maintain ownership of a toll bridge and the bonds issued for the acquisition and construction of such bridge or issued to refinance such bonds and all interest thereon have been paid or such payment has been provided for by defeasement or otherwise, shall be applied first to provide a fund sufficient to pay the cost of maintaining, repairing, operating and demolishing such bridge pursuant to section thirty-six of this article, and thereafter, for any legal purpose of the municipality. Collected tolls remaining after providing for the payment of the cost of maintaining, repairing, operating and demolishing such bridge may be pledged or otherwise encumbered to effectuate any municipal purpose.
Structure West Virginia Code
Chapter 17. Roads and Highways
§17-17-1. Tolls Prohibited Except Over Toll Bridges Forming Part of Public Road, etc.
§17-17-2. Bridges Over Ohio, Great Kanawha or Big Sandy Rivers; Corporations for Such Purposes
§17-17-3. Power of Bridge Corporation to Borrow Money, Mortgage or Encumber by Deed of Trust
§17-17-4. When Bridge Deemed a Nuisance; Abatement
§17-17-5. Obstruction of Navigation by Bridge
§17-17-7. Purchase, Construction or Repair of Toll Bridge
§17-17-8. Termination of Privilege to Erect and Maintain Toll Bridge; Toll Rates
§17-17-9. Toll Rates for Troops
§17-17-10. Payment of Toll Prior to Passage; Demand of Excessive Toll; Evading Payment of Toll
§17-17-11. Gatekeeper to Keep Small Change
§17-17-12. Failure to Provide Gatekeeper and to Allow Prompt Passage
§17-17-15. Authority to Purchase or Condemn Toll Bridges; Eminent Domain
§17-17-16. Repair of Toll Bridge Before Purchase
§17-17-17. Construction of Toll Bridge; Purchase of Land, etc., Therefor
§17-17-18. Power of Eminent Domain
§17-17-19. Bridge Revenue Bonds Generally
§17-17-20. Trust Agreement Respecting Bonds
§17-17-21. General Supervision of Bridges Under Jurisdiction of Commissioner
§17-17-23. When Tolls to Cease
§17-17-23a. Transfer of Excess Tolls Collected
§17-17-24. Construction of Article in Relation to State Debt
§17-17-25. Additional and Alternative Method Provided; Permit for Construction of Competitive Bridge
§17-17-26. When Consent of Other Officers and Boards Not Required
§17-17-27. Liberal Construction of §§17-17-13 to 17-17-28
§17-17-28. Provisions of §§17-17-13 to 17-17-28 Separable
§17-17-29. Certain Powers, Duties, etc., of Bridge Commission Transferred to State Road Commissioner
§17-17-31. Same -- Acquisition of Existing Bridges
§17-17-32. Same -- General Powers of Cities and Counties; Bonds Generally; Exemptions From Taxation
§17-17-33. Same -- Creation of Mortgage Lien
§17-17-34. Same -- Retiring Bonds; Remittance to Sinking Fund