Effective - 28 Aug 1997
238.237. Toll roads, allowed when — election, ballot form. — 1. If approved by a majority of the qualified voters voting on the question in the district, the district may charge and collect tolls or fees for the use of a project. The board may charge a lower toll rate or fee than that amount approved by the district voters, and may increase that lower toll rate or fee to a level not exceeding the toll or fee rate ceiling without voter approval. Toll rates or fees for the use of the same project may vary at the election of the board, depending upon the type or nature of the user, or the type or nature of the use.
2. The ballot of submission shall be substantially in the following form:
| Shall the ______ Transportation Development District be authorized to charge tolls or fees in amounts not to exceed those given below: | |
| Maximum Toll or Fee | Toll or Fee Description |
| (Insert amount) | (Insert a brief description of the toll or fee, distinguishing it from other tolls or fees to be charged on the same project) |
| (Insert amount) | (Describe the next toll or fee charged) |
| (Etc.) | (Etc.) |
| for the purpose of providing revenue for the development of a project (or projects) in the district (insert general description of the project or projects, if necessary)? | |
| ☐ YES | ☐ NO |
| If you are in favor of the question, place an "X" in the box opposite "YES". If you are opposed to the question, place an "X" in the box opposite "NO". | |
3. To construct a toll facility, a district may relocate an existing state highway, subject to approval by the commission, or an existing local public street or road, subject to approval by the local transportation authority having control and jurisdiction over such street or road. A district shall not incorporate an existing free public street, road, or highway into a district project that will be subject to tolls.
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(L. 1990 S.B. 479 & 649 § 50, A.L. 1997 S.B. 303)