Opinion No. (1988)

Dear Representative Pauley:

This opinion is in response to your question asking:

Whether a fourth-class statutory city has the power to establish a toll street whereby all motor vehicles using that street would be required to pay a toll/fee for such use.

Your question involves the payment of a toll in order to use a particular street. You have indicated the purpose of such toll would be to provide funds for the repair of that street.

A municipal corporation is a creature of the legislature, possessing only those powers expressly granted or those necessarily or fairly implied in or incidental to…