{"data":{"id":"us-ky/krs-175.520","jurisdiction":"us-ky","citation":"KRS 175.520","heading":"Tolls for use of turnpikes -- Contracts for utility and service facilities --","body":"Disposition of toll revenues.\n(1) The authority, while having the right to control tolls under this chapter or any lease,\nand the department, while having such right under this chapter or any such lease, are\nhereby authorized to fix, revise, charge, and collect tolls for the use of each turnpike\nproject and the different parts or sections thereof.\n(2) The authority, with the approval of the department, is hereby authorized to  contract\nwith any person, partnership, association, or corporation desiring the use of any part\nof a project, including the right -of-way adjoining the paved portion, for placing\nthereon telephone, telegraph, electric light, or power lines; service station s, garages,\nstores, hotels, motels, and restaurants; or for any other purpose except for tracks for\nrailroad or railway use, and to fix the terms, conditions, rents, and rates of charges\nfor such use. A sufficient number of service stations shall be author ized to be\nestablished in each service area along any such turnpike to permit reasonable\ncompetition by private business in the public interest.\n(3) During any period when tolls are under the control of the authority, such tolls shall\nbe so fixed and adjusted in respect of the aggregate of tolls from the turnpike project\nor projects in connection with which the bonds of any issue shall have been issued\nunder the provisions of this chapter as to provide funds sufficient, with any other\navailable funds, to pay:\n(a) The cost of maintaining, repairing and operating such turnpike project or\nprojects, unless such cost or any part thereof is being paid by the department\nas authorized in this chapter; and\n(b) The principal of and the interest on such bonds as the sa me shall become due\nand payable, and to create reserves for such purposes.\nSuch tolls shall not be subject to supervision or regulation by any other department,\ncommission, board, bureau, or agency of the Commonwealth. The tolls and all other\nrevenues derived from the turnpike project or projects in connection with which the\nbonds of any issue shall have been issued, except such part thereof as may be\nnecessary to pay such cost of maintenance, repair, and operation and to provide such\nreserves therefor as may be provided for in the proceedings authorizing the issuance\nof such bonds or the trust indenture securing the same, shall be set aside in a sinking\nfund or funds which are hereby pledged to and charged with the payment of the\nprincipal of and the inter est on such bonds as the same shall become due and the\nredemption price or the purchase price of bonds retired by call or purchase as\ntherein provided. Such pledge shall be valid and binding from the time when the\npledge is made; the tolls or other revenue s or other moneys so pledged and\nthereafter received by the authority shall immediately be subject to the lien of such\npledge without any physical delivery thereof or further act; and the lien of any such\npledge shall be valid and binding as against all pa rties having claims of any kind in\ntort, contract, or otherwise against the authority, irrespective of whether such parties\nhave notice thereof. Neither the proceedings nor any trust indenture by which a\npledge is created need be filed or recorded except in the records of the authority and\nthe department. The use and disposition of moneys to the credit of any such sinking\nfund shall be subject to the provisions of the proceedings authorizing the issuance\nof such bonds or of such trust indenture. Except as m ay otherwise be provided in\nsuch proceedings or in such trust indenture, any such sinking fund shall be a fund\nfor all bonds provided to be payable therefrom without distinction or priority of one\n(1) over another.\n(4) Notwithstanding any of the foregoing provisions of this section, the department\nmay, by separate proceedings ancillary to the proceedings of the authority\nauthorizing the issuance of revenue bonds or revenue refunding bonds under the\nprovisions of this chapter, covenant to pay all or any part of the cost of maintaining,\nrepairing, and operating any project constructed under the provisions of this chapter,\nand the department may, in such proceedings, covenant to make up all or any part of\nany deficiency in the fund or funds pledged to and charg ed with the payment of the\nprincipal of and the interest on such bonds from any funds or tax revenues available\nfor general purposes of the department and not required by law to be devoted to\nsome other purpose, and, inasmuch as such project will have been  constructed by\nagreement with the department for the use and benefit of the Commonwealth and\nwill eventually become the property of the Commonwealth, any such covenant shall\nhave the force of contract between the Commonwealth and the holders of such\nrevenue bonds or revenue refunding bonds.\n(5) Notwithstanding any of the foregoing provisions of this section, the authority may,\nin the proceedings authorizing the issuance of revenue bonds or revenue refunding\nbonds for any turnpike project or projects under the provisions of this chapter or in\nthe trust agreement securing such bonds, pledge to the payment of such bonds all\nmotor fuel taxes and surtaxes collected by the Commonwealth on gasoline and other\nmotor fuels consumed on such project or projects (except  the two-sevenths (2/7) of\nsaid motor fuel taxes provided by KRS 138.220 to be set aside for the construction,\nreconstruction and maintenance of rural and secondary roads) and paid over to the\nauthority by the department as revenues of such project or proj ects, and covenant to\ndeposit such motor fuel taxes from time to time in the sinking fund or funds pledged\nto the payment of such bonds. In determining the amount of motor fuel consumed\non any turnpike project the department shall divide the total miles tr aveled on such\nproject by passenger automobiles, single unit trucks, and semitrailer trucks and\nbuses as determined by the department by the average number of miles per gallon of\nmotor fuel consumed by each of those classes of motor vehicle on the followin g\nbasis:\nPassenger automobiles   15 miles per gallon\nSingle unit trucks   10 miles per gallon\nSemitrailer trucks and buses   5 miles per gallon","path":["KRS Chapter 175"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=5083","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:25Z","sha256":"983971d6af839f3bf648d0cbc7f932bc77dd2b82d19de64c70699f50aa43bc97","source_id":"us-ky","stale":false,"prev":"us-ky/krs-175.510","next":"us-ky/krs-175.525"},"notice":"GroundRules: Original legal text. Not legal advice."}