US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

§17-17-28. Provisions of §§17-17-13 to 17-17-28 Separable

The provisions and parts of sections thirteen to twenty- eight, inclusive, of this article are separable and are not matters of mutual essential inducement, and it is the intention to confer the whole or any part of the powers herein provided for, and if any of the sections or provisions, or parts thereof, are for […]

§17-17-30. Construction, Operation, etc., of Toll Bridges and Tunnels by Counties and Cities — Authorized; Authority to Borrow Money; Consent of Federal Government and State Road Commission

Any incorporated city, in which or adjoining which there is a portion of a navigable or nonnavigable river or stream, either wholly within the State of West Virginia, or partly within the said state, and another state or states, or between the State of West Virginia and any other state, including the Ohio River in […]

§17-17-31. Same — Acquisition of Existing Bridges

Any city or county so situated with reference to any river or stream, over and across which there is now a highway bridge, owned and operated by any bridge company or corporation, and situated partly within such city or county, is authorized and empowered to purchase such bridge, with funds obtained in the manner and […]

§17-17-33. Same — Creation of Mortgage Lien

In the event bonds, or other evidences of indebtedness, issued under the provisions of this act are not secured by a mortgage or deed of trust on the bridge acquired from the sale of such bonds, or other evidences of indebtedness, there shall be, and there is hereby, created a statutory mortgage lien upon the […]

§17-17-34. Same — Retiring Bonds; Remittance to Sinking Fund

Every municipality or county court issuing bonds, or other evidences of indebtedness, under the provisions of this act, shall thereafter, so long as any such bonds or other evidences of indebtedness remain outstanding, operate and maintain its bridge so as to provide, charge, collect and account for revenues therefrom as will be sufficient to pay […]

§17-17-35. Authorization for Municipalities to Maintain Ownership of and Continue Charging Tolls for Toll Bridges Upon the Payment of All Bonds Issued to Acquire and Construct or Refinance the Bridge and the Interest Thereon; Permitted Use of Tolls Collected

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 […]

§17-17-36. Maintenance of Bridges Retained by Municipalities After Repayment of Indebtedness Thereon; Inspections by Commissioner; Bridge Maintenance Fund

(a) Prior to a municipality retaining ownership of a bridge pursuant to section thirty-five of this article, the municipality shall notify the commissioner in writing of its intent to do so. Upon receipt of such notice, the commissioner shall make an initial inspection of the bridge to determine what repairs, replacements, improvement and additions are […]

§17-17-37. Transfer of Toll Bridge to County

Notwithstanding any provision of this code to the contrary, in the event the municipality which owns and operates a toll bridge does not retain ownership of the bridge under the provisions of section thirty-five of this article, the county commission of the county in which the municipality is located has the option to take over […]

§17-17-38. Municipal Sale of Ownership of Toll Bridges to Private Toll Transportation Facility; Maintenance of Tolls; Imposition of Liability for Collection and Payment; Tax Treatment and Divestment

(a) Sale of municipally owned toll bridge. Any municipality which owns and operates a toll bridge pursuant to this article may, at the sole discretion of the municipality, and upon adoption of a resolution to such effect by the council of such municipality, sell and convey such toll bridge to a private toll transportation facility […]

§17-17-4. When Bridge Deemed a Nuisance; Abatement

Every bridge across the Ohio River hereafter erected or commenced, wholly or in part within the jurisdiction of this state, contrary to the provisions of the two next preceding sections, and every railroad bridge across the Great Kanawha or Big Sandy River hereafter erected or commenced, wholly or in part within the jurisdiction of the […]

§17-17-6. Unsafe Toll Bridge

Whenever complaint is made to the county court of any county wherein a toll bridge is, that the same is not in a safe condition, it shall order its road engineer or supervisor to inspect the same and report his investigation, and if, after considering such report, the court be of opinion that the bridge […]

§17-17-7. Purchase, Construction or Repair of Toll Bridge

When it is necessary to build or repair a toll bridge on any county-district road, or to purchase any existing toll bridge on such road within any county, or across the boundary thereof, the county court of the county may contract for the same, or any part thereof, on such terms as may be agreed […]

§17-17-9. Toll Rates for Troops

The tolls for troops or persons in the military or naval service of this state, or of the United States, with their arms, munitions and baggage, shall not exceed on any such bridge one fourth of the tolls for other persons.