West Virginia Code 17-27-8 – Powers and duties of the developer
(a) The developer has all power allowed by law generally to a private entity having the same form of organization as the developer and may acquire, construct or improve a qualifying transportation facility and impose user fees in connection with the use of the facility.
Terms Used In West Virginia Code 17-27-8
- Comprehensive agreement: means the comprehensive agreement by and between a developer and the division required by section nine of this article. See West Virginia Code 17-27-2
- Contract: A legal written agreement that becomes binding when signed.
- Developer: means the private entity that is responsible for the acquisition, construction or improvement of a qualifying transportation facility. See West Virginia Code 17-27-2
- Division: means the Division of Highways. See West Virginia Code 17-27-2
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Private entity: means any natural person, corporation, limited liability company, partnership, joint venture or other private business entity. See West Virginia Code 17-27-2
- Qualifying transportation facility: means one or more transportation facilities acquired, constructed or improved by a private entity pursuant to this article. See West Virginia Code 17-27-2
- Service contract: means a contract entered into between a public entity and a developer pursuant to section six of this article. See West Virginia Code 17-27-2
- State: means the State of West Virginia. See West Virginia Code 17-27-2
- Transportation facility: means any public inland waterway port facility, road, bridge, tunnel, overpass or existing airport used for the transportation of persons or goods, and the structures, equipment, facilities or improvements necessary or incident thereto. See West Virginia Code 17-27-2
- User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
(b) The developer may own, lease, or acquire any other right to facilitate the development of a qualifying transportation facility.
(c) Any financing of a qualifying transportation facility may be in the amounts and upon terms and conditions negotiated by the developer. The developer may issue debt, equity or other securities or obligations, enter into sale and leaseback transactions and secure any financing with a pledge of, security interest in, or lien on, any or all of its property, including all of its property interests in the qualifying transportation facility.
(d) In developing the qualifying transportation facility, the developer may:
(1) Make classifications according to reasonable categories for assessment of user fees; and
(2) With the consent of the division, make and enforce reasonable rules to the same extent that the division may make and enforce rules with respect to a similar transportation facility. The developer may, by agreement with appropriate law-enforcement agencies, arrange for video enforcement in connection with its toll collection activities.
(e) The developer shall:
(1) Acquire, construct, or improve the qualifying transportation facility in a manner that meets the engineering standards of:
(A) The authority for facilities operated and maintained by the division, in accordance with the provisions of the comprehensive agreement; and
(B) The division, in accordance with the provisions of the comprehensive agreement;
(2) Keep the qualifying transportation facility open for use by the members of the public at all times after its initial opening upon payment of the applicable user fees or service payments: Provided, That the qualifying transportation facility may be temporarily closed because of emergencies or, with the consent of the division, to protect the safety of the public or for reasonable construction or maintenance procedures;
(3) Contract for the performance of all maintenance and operation of the transportation facility through the division, using its maintenance and operations practices, until the date of termination of the developer’s duties as defined in the comprehensive agreement;
(4) Cooperate with the division in establishing any interconnection with the qualifying transportation facility requested by the division;
(5) Remain in compliance with state tax, workers’ compensation, and unemployment compensation laws; and
(6) Comply with the provisions of the comprehensive agreement and any service contract.