§17-28-1. Short Title
This article may be known and referred to as the "West Virginia Community Empowerment Transportation Act."
§17-28-10. Coordination and Development of Transportation Projects With Other Infrastructure; Information Sharing; Agreements Among Municipal Utilities and Public Service Districts to Participate in Transportation Projects; Rates to Include Costs Borne by Municipal Utilities and Public Service Districts in Coordination With Transportation Projects; Exemption From Public Service Commission Approval
(a) The commissioner is to encourage the joint and concurrent development and construction of transportation projects with other infrastructure including, without limitation, water and sewer infrastructure. (b) To coordinate and integrate the planning of transportation projects among local jurisdictions, all governing bodies, units of government, municipal utilities and public service districts within the affected local […]
§17-28-11. Excess Funds; Termination of User Fee
(a) When revenue bonds have been issued as provided in this article and the amount of user fees imposed pursuant to section five of this article and collected, less costs of administration, collection and enforcement, exceeds the amount needed to pay project costs and annual debt service, including the finding of required debt service and […]
§17-28-12. Severability
If any section, clause, provision or portion of this article shall be held to be invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other section, clause or provision of this article which is not in and of itself unconstitutional.
§17-28-2. Legislative Findings
The Legislature finds as follows: (1) That a broad and unified system should be continued and persistently upgraded by state law for financing, planning, designing, constructing, expanding, improving, maintaining and operating the public road system and transportation facilities that together comprise the transportation infrastructure of this state;
§17-28-3. Definitions
Unless the context clearly indicates otherwise, as used in this article: (1) "Affected local jurisdiction" means any county or incorporated municipality of this state in which all or any part of a transportation facility is or will be located, or any other local public entity, including, but not limited to, a public service district or […]
§17-28-4. Governmental Entities to Submit Transportation Project Requests to Commissioner of Highways Generally; Commissioner's Powers and Duties to Implement the Act; Transportation Project Plan Requirements; Division of Highways Plan Review; Proprietary Information
(a) In addition to any other powers which a governmental entity may now have, a governmental entity seeking state funds for a transportation project may submit a transportation project plan to the commissioner as a project sponsor. The commissioner shall review the transportation project plan and the available financing for the project and shall encourage […]
§17-28-5. Powers Conferred on Counties; Special Charges for Transportation Facilities and Projects; Election on Ordinance for User Fees; Form of Ballots; Procedure
(a) In addition to any other powers which a county may now have, each county, by and through its county commission, shall have the following powers: (1) To finance one or more transportation projects, or additions thereto, which shall be located within the county;
§17-28-6. Issuance of Transportation Project Revenue Bonds by County
(a) The county commission, in its discretion, may use the moneys in such special transportation fund established under section five of this article to finance the costs of transportation projects on a cash basis. Every county commission is empowered and authorized to issue, in the manner prescribed by this section, special revenue bonds secured by […]
§17-28-7. Comprehensive Agreement
(a) Prior to acquiring, constructing or improving a transportation facility, the project sponsors shall enter into a comprehensive agreement with the division. The comprehensive agreement shall provide for: (1) Delivery of performance or payment bonds in connection with the construction of or improvements to the transportation facility, in the forms and amounts satisfactory to the […]
§17-28-8. Commissioner's Authority Over Transportation Projects Accepted Into the State Road System; Use of State Road Funds
(a) Notwithstanding anything in this article to the contrary, the commissioner has final approval of any transportation project. However, no state road funds may be used, singly or together with funds from any other source, for any purpose or in any manner contrary to or prohibited by the constitution and laws of this state or […]
§17-28-9. Qualifying a Transportation Project as a Public Improvement
All transportation projects authorized under this article are public improvements and are subject to article five-a, chapter twenty-one of this code. Article twenty-two, chapter five of this code applies to all transportation projects authorized under this article. All construction, reconstruction, repair or improvement of transportation projects under this article will be awarded by competitive bidding. […]