KRS 175.520: Tolls for use of turnpikes -- Contracts for utility and service facilities --

Disposition of toll revenues.

(1) The authority, while having the right to control tolls under this chapter or any lease,

and the department, while having such right under this chapter or any such lease, are

hereby authorized to fix, revise, charge, and collect tolls for the use of each turnpike

project and the different parts or sections thereof.

(2) The authority, with the approval of the department, is hereby authorized to contract

with any person, partnership, association, or corporation desiring the use of any part

of a project, including the right -of-way adjoining the paved portion, for placing

thereon telephone, telegraph, electric light, or power lines; service station s, garages,

stores, hotels, motels, and restaurants; or for any other purpose except for tracks for

railroad or railway use, and to fix the terms, conditions, rents, and rates of charges

for such use. A sufficient number of service stations shall be author ized to be

established in each service area along any such turnpike to permit reasonable

competition by private business in the public interest.

(3) During any period when tolls are under the control of the authority, such tolls shall

be so fixed and adjusted in respect of the aggregate of tolls from the turnpike project

or projects in connection with which the bonds of any issue shall have been issued

under the provisions of this chapter as to provide funds sufficient, with any other

available funds, to pay:

(a) The cost of maintaining, repairing and operating such turnpike project or

projects, unless such cost or any part thereof is being paid by the department

as authorized in this chapter; and

(b) The principal of and the interest on such bonds as the sa me shall become due

and payable, and to create reserves for such purposes.

Such tolls shall not be subject to supervision or regulation by any other department,

commission, board, bureau, or agency of the Commonwealth. The tolls and all other

revenues derived from the turnpike project or projects in connection with which the

bonds of any issue shall have been issued, except such part thereof as may be

necessary to pay such cost of maintenance, repair, and operation and to provide such

reserves therefor as may be provided for in the proceedings authorizing the issuance

of such bonds or the trust indenture securing the same, shall be set aside in a sinking

fund or funds which are hereby pledged to and charged with the payment of the

principal of and the inter est on such bonds as the same shall become due and the

redemption price or the purchase price of bonds retired by call or purchase as

therein provided. Such pledge shall be valid and binding from the time when the

pledge is made; the tolls or other revenue s or other moneys so pledged and

thereafter received by the authority shall immediately be subject to the lien of such

pledge without any physical delivery thereof or further act; and the lien of any such

pledge shall be valid and binding as against all pa rties having claims of any kind in

tort, contract, or otherwise against the authority, irrespective of whether such parties

have notice thereof. Neither the proceedings nor any trust indenture by which a

pledge is created need be filed or recorded except in the records of the authority and

the department. The use and disposition of moneys to the credit of any such sinking

fund shall be subject to the provisions of the proceedings authorizing the issuance

of such bonds or of such trust indenture. Except as m ay otherwise be provided in

such proceedings or in such trust indenture, any such sinking fund shall be a fund

for all bonds provided to be payable therefrom without distinction or priority of one

(1) over another.

(4) Notwithstanding any of the foregoing provisions of this section, the department

may, by separate proceedings ancillary to the proceedings of the authority

authorizing the issuance of revenue bonds or revenue refunding bonds under the

provisions of this chapter, covenant to pay all or any part of the cost of maintaining,

repairing, and operating any project constructed under the provisions of this chapter,

and the department may, in such proceedings, covenant to make up all or any part of

any deficiency in the fund or funds pledged to and charg ed with the payment of the

principal of and the interest on such bonds from any funds or tax revenues available

for general purposes of the department and not required by law to be devoted to

some other purpose, and, inasmuch as such project will have been constructed by

agreement with the department for the use and benefit of the Commonwealth and

will eventually become the property of the Commonwealth, any such covenant shall

have the force of contract between the Commonwealth and the holders of such

revenue bonds or revenue refunding bonds.

(5) Notwithstanding any of the foregoing provisions of this section, the authority may,

in the proceedings authorizing the issuance of revenue bonds or revenue refunding

bonds for any turnpike project or projects under the provisions of this chapter or in

the trust agreement securing such bonds, pledge to the payment of such bonds all

motor fuel taxes and surtaxes collected by the Commonwealth on gasoline and other

motor fuels consumed on such project or projects (except the two-sevenths (2/7) of

said motor fuel taxes provided by KRS 138.220 to be set aside for the construction,

reconstruction and maintenance of rural and secondary roads) and paid over to the

authority by the department as revenues of such project or proj ects, and covenant to

deposit such motor fuel taxes from time to time in the sinking fund or funds pledged

to the payment of such bonds. In determining the amount of motor fuel consumed

on any turnpike project the department shall divide the total miles tr aveled on such

project by passenger automobiles, single unit trucks, and semitrailer trucks and

buses as determined by the department by the average number of miles per gallon of

motor fuel consumed by each of those classes of motor vehicle on the followin g

basis:

Passenger automobiles 15 miles per gallon

Single unit trucks 10 miles per gallon

Semitrailer trucks and buses 5 miles per gallon