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(1) Subject to Subsection (2), a county may grant, on such terms, conditions, and restrictions as in the judgment of the county executive are necessary and proper, licenses and franchises for taking tolls on public roads or highways whenever in the judgment of the county executive the expense of operating or maintaining the roads or highways as free public highways is too great to justify the county in operating or maintaining them.
(2) Each license and franchise granted under Subsection (1) shall contain the condition that the roads and highways shall be kept in reasonable repair by the persons to whom such licenses or franchises are granted.