{"data":{"id":"us-ky/krs-177.480","jurisdiction":"us-ky","citation":"KRS 177.480","heading":"Tolls for use of turnpike -- Contracts for utility and service facilities --","body":"Disposition of toll revenues -- Maintenance of turnpike by Department of\nHighways.\n(1) The department is hereby authorized to fix, revise, charge, and collect tolls for the\nuse of each turnpike project and the different parts or sections thereof, and to\ncontract with any person, partnership, association, or corporation desiring the use of\nany part thereof, including the right-of-way adjoining the paved portion, for placing\nthereon telephone, telegraph, electric light or power lines, service stations, garages,\nstores, hotels, and restaurants, or for any other purpose except for tracks for railroad\nor railway use, and to fix the terms, conditions, rents, and rates of charges for such\nuse. A sufficient number of service stations shall be authorized to be established in\neach service area along any such turnpike to permit reasonable competition by\nprivate business in the public interest.\n(2) Tolls shall be so fixed and adjusted in re spect of the aggregate of tolls from the\nturnpike project or projects in connection with which the bonds of any issue shall\nhave been issued under the provisions of KRS 177.390 to 177.570 as to provide\nfunds sufficient, with any other available funds, to p ay (a) the cost of maintaining,\nrepairing, operating, regulating, and policing such turnpike project or projects,\nunless such cost or any part thereof has been assumed by the department as\nprovided in this section, and (b) the principal of and the interest  on such bonds as\nthe same shall become due and 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, operation, regulation, and\npolicing, and to provide such reserves therefor as may be provided for in the\nproceedings authorizing the issuance of such bonds or in the trust agreement\nsecuring the same, shall be set aside in a sinking fund or funds which are hereby\npledged to, and charged with, the payment of the principal of and the interest on\nsuch bonds as the same shall become due and the redemption price or the purchase\nprice of bonds retired by call or purchase as therein provided. Such pledge shall be\nvalid and binding from the time when the pledge is made; the tolls or other revenues\nor other moneys so pledged and thereafter received by the department shall\nimmediately be subject to the lien of such pledge without any physical delivery\nthereof or further act; and the lien of any such  pledge shall be valid and binding as\nagainst all parties having claims of any kind in tort, contract or otherwise against the\ndepartment, irrespective of whether such parties have notice thereof. Neither the\nproceedings nor any trust agreement by which a pledge is created need be filed or\nrecorded except in the records of the department. The use and disposition of moneys\nto the credit of any such sinking fund shall be subject to the provisions of the\nproceedings authorizing the issuance of such bonds or of  such trust agreement.\nExcept as may otherwise be provided in such proceedings or in such trust\nagreement, any such sinking fund shall be a fund for all bonds provided to be\npayable therefrom without distinction or priority of one over another.\n(3) Notwithstanding any of the foregoing provisions of this section, the department\nmay, in the proceedings authorizing the issuance of revenue bonds or revenue\nrefunding bonds under the provisions of KRS 177.390 to 177.570 or in the trust\nagreement securing such bon ds, covenant to pay all or any part of the cost of\nmaintaining, repairing, operating, regulating, and policing any project constructed\nunder the provisions of KRS 177.390 to 177.570, and the department may, in such\nproceedings or trust agreement, covenant to make up all or any part of any\ndeficiency in the fund or funds pledged to and charged 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 at all times belong to the\nCommonwealth, any such covenant will have the force of contract between the\nCommonwealth and the holders of such revenue bonds or revenue refunding bonds.\n(4) Notwithstanding any of the foregoing provisions of this section, the department\nmay, in the proceedings authorizing the issuance of revenue bonds or revenue\nrefunding bonds under the provisions of KRS 177.390 to 177.570 or in the trust\nagreement securing such bonds, pledge to the payment of such bonds all motor fuel\ntaxes and surtaxes collected by the Commonwealth on gasoline and other motor\nfuels consumed on any project financed under the provisions of KRS 177.390 to\n177.570, except the two -sevenths (2/7) of said motor fuel taxes provided by KRS\n138.220 to be set aside for the construction, reconstruction, and maintenance of\nrural and secondary roads, and covenant to deposit such motor fuel taxes and\nsurtaxes from time to time in the sinking fund or funds pledged to the payment of\nsuch bonds. In determining the amount of motor fuel consumed on any turnpike\nproject the department shall divide the total miles traveled on such project by\npassenger automobiles, single unit trucks, and semitrailer trucks a nd buses as\ndetermined by the department by the average number of miles per gallon of motor\nfuel consumed by each of those classes of motor vehicles on the following basis:\nPassenger automobiles  15 miles per gallon\nSingle unit trucks  10 miles per gallon\nSemitrailer trucks and buses   5 miles per gallon","path":["KRS Chapter 177"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=5334","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:29Z","sha256":"735f43b4b9990e407e326289f6c818a8bfd18f38672a8f8379d8fa1d8cc8c14a","source_id":"us-ky","stale":false,"prev":"us-ky/krs-177.470","next":"us-ky/krs-177.490"},"notice":"GroundRules: Original legal text. Not legal advice."}
