SENATE AMENDED
PRIOR PRINTER'S NOS. 500, 1089, 1131 PRINTER'S NO. 1141
No. 441 Session of 1985
INTRODUCED BY WILT, MARCH 1, 1985
SENATE AMENDMENTS TO HOUSE AMENDMENTS, JUNE 17, 1985
AN ACT
1 To facilitate vehicular traffic across the Commonwealth by <--
2 providing for the construction, reconstruction, improvement,
3 operation and maintenance of toll roads and the conversion of
4 existing toll-free roads to toll roads in Pennsylvania;
5 conferring powers and imposing duties on the Pennsylvania
6 Turnpike Commission; providing for membership on the
7 Pennsylvania Turnpike Commission; providing for an executive
8 director of the Pennsylvania Turnpike Commission and
9 conferring powers and duties on the executive director;
10 authorizing issuance of turnpike revenue bonds, notes or
11 other obligations of the commission, payable solely from
12 revenues of the commission, including tolls, or from such
13 other funds as may be available to the commission for that
14 purpose, to pay the costs of such toll roads; providing that
15 no debt of the Commonwealth shall be incurred in the exercise
16 of any of the powers granted by this act; providing for the
17 collection of tolls for the payment of such bonds, notes or
18 other obligations, and for the cost of maintenance, operation
19 and repair of the toll roads; making such turnpike bonds,
20 notes or other obligations exempt from taxation; constituting
21 the same legal investments in certain instances; requiring
22 suits against the commission to be brought in the courts in
23 which such actions may be brought against the Commonwealth;
24 prescribing conditions on which toll roads shall be turned
25 over to the Department of Transportation; providing for grade
26 separations, grade changes, relocations, restorations and
27 vacations of public roads and State highways affected by the
28 toll roads; providing for the purchasing or condemnation of
29 land and procedure for determining damages in condemnation;
30 granting certain powers and authority to municipalities and
31 agencies of the Commonwealth to cooperate with the
32 commission; conferring powers and imposing duties on the
1 Department of Transportation; authorizing the Secretary of
2 Transportation to enter into negotiations with the United
3 States Department of Transportation, the Federal Highway
4 Administration or any other Federal agency regarding the
5 conversion of toll-free highways constructed in the
6 Commonwealth using Federal funds to toll roads; and
7 authorizing the Secretary of Transportation to enter into
8 agreements on behalf of the Commonwealth and the commission
9 with the United States Department of Transportation, the
10 Federal Highway Administration or any other Federal agency
11 with respect to obtaining Federal funds for resurfacing,
12 restoring, rehabilitating or reconstructing toll roads in
13 Pennsylvania.
14 TABLE OF CONTENTS
15 Section 1. Short title.
16 Section 2. Definitions.
17 Section 3. Authorization for turnpike extensions, turnpike
18 improvements and the conversion of toll-free
19 roads to toll roads.
20 Section 4. Emergency telephones.
21 Section 5. Status of turnpike bonds, notes or other
22 obligations.
23 Section 6. Pennsylvania Turnpike Commission Membership;
24 term of office.
25 Section 7. Exercise of commission powers deemed essential
26 government function.
27 Section 8. Commission powers and duties enumerated;
28 payment of maintenance.
29 Section 9. Expenses and bonding of commission members.
30 Section 10. Acquisition of property rights by commission.
31 Section 11. Procedural requirements of acquisition.
32 Section 12. Entry and possession of property condemned.
33 Section 13. Issuance of turnpike bonds, notes or other
34 obligations.
35 Section 14. Obligation proceeds restricted and lien created.
36 Section 15. Trust indenture authorized.
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1 Section 16. Commission and obligations tax exempt.
2 Section 17. Collection and disposition of tolls and other
3 revenue.
4 Section 18. Revenue refunding bonds.
5 Section 19. Rights of obligation holders and trustees.
6 Section 20. Authority granted to the Secretary of
7 Transportation.
8 Section 21. Construction of act.
9 Section 22. Repeals.
10 Section 23. Effective date.
11 TO FACILITATE VEHICULAR TRAFFIC WITHIN AND ACROSS THE <--
12 COMMONWEALTH BY PROVIDING FOR THE CONSTRUCTION,
13 RECONSTRUCTION, IMPROVEMENT, OPERATION AND MAINTENANCE OF
14 TOLL ROADS AND THE CONVERSION OF EXISTING TOLL-FREE ROADS TO
15 TOLL ROADS IN PENNSYLVANIA; CONFERRING POWERS AND IMPOSING
16 DUTIES ON THE PENNSYLVANIA TURNPIKE COMMISSION; PROVIDING FOR
17 MEMBERSHIP ON THE PENNSYLVANIA TURNPIKE COMMISSION;
18 AUTHORIZING ISSUANCE OF TURNPIKE REVENUE BONDS, NOTES OR
19 OTHER OBLIGATIONS OF THE COMMISSION, PAYABLE SOLELY FROM
20 REVENUES OF THE COMMISSION, INCLUDING TOLLS, OR FROM SUCH
21 OTHER FUNDS AS MAY BE AVAILABLE TO THE COMMISSION FOR THAT
22 PURPOSE, TO PAY THE COSTS OF SUCH TOLL ROADS INCLUDING THE
23 ACQUISITION AND OTHER COSTS OF TOLL-FREE ROADS AND FOR
24 REFUNDING PURPOSES; PROVIDING THAT NO DEBT OF THE
25 COMMONWEALTH SHALL BE INCURRED IN THE EXERCISE OF ANY OF THE
26 POWERS GRANTED BY THIS ACT; PROVIDING FOR THE COLLECTION OF
27 TOLLS FOR THE PAYMENT OF SUCH BONDS, NOTES OR OTHER
28 OBLIGATIONS, AND FOR THE COST OF MAINTENANCE, OPERATION AND
29 REPAIR OF THE TOLL ROADS INCLUDING TOLL-FREE ROADS CONVERTED
30 TO TOLL ROADS; MAKING SUCH TURNPIKE REVENUE BONDS, NOTES OR
31 OTHER OBLIGATIONS EXEMPT FROM TAXATION; CONSTITUTING THE SAME
32 LEGAL INVESTMENTS IN CERTAIN INSTANCES; REQUIRING SUITS
33 AGAINST THE COMMISSION TO BE BROUGHT IN THE COURTS IN WHICH
34 SUCH ACTIONS MAY BE BROUGHT AGAINST THE COMMONWEALTH;
35 PRESCRIBING CONDITIONS ON WHICH TOLL ROADS SHALL BE TURNED
36 OVER TO THE DEPARTMENT OF TRANSPORTATION; PROVIDING FOR GRADE
37 SEPARATIONS, GRADE CHANGES, RELOCATIONS, RESTORATIONS AND
38 VACATIONS OF PUBLIC ROADS AND STATE HIGHWAYS AFFECTED BY THE
39 TOLL ROADS; PROVIDING FOR THE PURCHASING OR CONDEMNATION OF
40 LAND AND PROCEDURE FOR DETERMINING DAMAGES IN CONDEMNATION;
41 GRANTING CERTAIN POWERS AND AUTHORITY TO MUNICIPALITIES AND
42 AGENCIES OF THE COMMONWEALTH TO COOPERATE WITH THE
43 COMMISSION; CONFERRING POWERS AND IMPOSING DUTIES ON THE
44 DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE SECRETARY OF
45 TRANSPORTATION TO ENTER INTO NEGOTIATIONS WITH THE UNITED
46 STATES DEPARTMENT OF TRANSPORTATION, THE FEDERAL HIGHWAY
47 ADMINISTRATION OR ANY OTHER FEDERAL AGENCY REGARDING THE
48 CONVERSION OF TOLL-FREE HIGHWAYS CONSTRUCTED IN THE
49 COMMONWEALTH USING FEDERAL FUNDS TO TOLL ROADS; AND
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1 AUTHORIZING THE SECRETARY OF TRANSPORTATION TO ENTER INTO
2 AGREEMENTS ON BEHALF OF THE COMMONWEALTH AND THE COMMISSION
3 WITH THE UNITED STATES DEPARTMENT OF TRANSPORTATION, THE
4 FEDERAL HIGHWAY ADMINISTRATION OR ANY OTHER FEDERAL AGENCY
5 WITH RESPECT TO OBTAINING FEDERAL FUNDS FOR RESURFACING,
6 RESTORING, REHABILITATING OR RECONSTRUCTING TOLL ROADS IN
7 PENNSYLVANIA.
8 TABLE OF CONTENTS
9 SECTION 1. SHORT TITLE.
10 SECTION 2. DEFINITIONS.
11 SECTION 3. AUTHORIZATION FOR TURNPIKE EXTENSIONS, TURNPIKE
12 IMPROVEMENTS AND THE CONVERSION OF TOLL-FREE
13 ROADS TO TOLL ROADS.
14 SECTION 4. STATUS OF TURNPIKE REVENUE BONDS, NOTES OR OTHER
15 OBLIGATIONS.
16 SECTION 5. PENNSYLVANIA TURNPIKE COMMISSION MEMBERS, TERM
17 OF OFFICE.
18 SECTION 6. EXERCISE OF COMMISSION POWERS DEEMED ESSENTIAL
19 GOVERNMENT FUNCTION.
20 SECTION 7. COMMISSION POWERS AND DUTIES ENUMERATED;
21 PAYMENT OF MAINTENANCE.
22 SECTION 8. EXPENSES AND BONDING OF COMMISSION MEMBERS.
23 SECTION 9. ACQUISITION OF PROPERTY RIGHTS BY COMMISSION.
24 SECTION 10. PROCEDURAL REQUIREMENTS OF ACQUISITION.
25 SECTION 11. ENTRY AND POSSESSION OF PROPERTY CONDEMNED.
26 SECTION 12. ISSUANCE OF TURNPIKE REVENUE BONDS, NOTES OR OTHER
27 OBLIGATIONS.
28 SECTION 13. OBLIGATION PROCEEDS RESTRICTED AND LIEN CREATED.
29 SECTION 14. TRUST INDENTURE AUTHORIZED.
30 SECTION 15. COMMISSION AND OBLIGATIONS TAX EXEMPT.
31 SECTION 16. COLLECTION AND DISPOSITION OF TOLLS AND OTHER
32 REVENUE.
33 SECTION 17. REFUNDING BONDS.
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1 SECTION 18. RIGHTS OF OBLIGATION HOLDERS AND TRUSTEES.
2 SECTION 19. AUTHORITY GRANTED TO THE SECRETARY OF
3 TRANSPORTATION.
4 SECTION 20. CONSTRUCTION OF ACT.
5 SECTION 21. REPEALS.
6 SECTION 22. EFFECTIVE DATE.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Short title. <--
10 This act shall be known and may be cited as the Turnpike
11 Extension and Toll Road Conversion Act.
12 Section 2. Definitions.
13 The following words and phrases when used in this act shall
14 have the meanings given to them in this section unless the
15 context clearly indicates otherwise:
16 "Commission." The Pennsylvania Turnpike Commission created
17 by the act of May 21, 1937 (P.L.774, No.211), referred to as the
18 Pennsylvania Turnpike Commission Act, or if the commission shall
19 be abolished, any board, commission or officer succeeding to the
20 principal functions thereof or upon whom the power and functions
21 given by this act to the commission shall be given by law.
22 "Cost of the turnpikes." Includes the cost of constructing
23 the turnpikes and all connecting roads, storm water management
24 systems, tunnels and bridges; the cost of all lands, property
25 rights, rights-of-way, easements and franchises acquired by
26 purchase or other means, which are deemed necessary or
27 convenient for such construction; the cost of all machinery and
28 equipment, financing charges, interest prior to and during
29 construction and for one year after completion of construction;
30 the cost of traffic estimates and of engineering and legal
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1 expenses, plans, specifications, surveys, estimates of cost and
2 of revenues, other expenses necessary or incident to determining
3 the feasibility or practicability of the enterprise,
4 administrative and legal expense, and such other expenses as may
5 be necessary or incident to the financing herein authorized; the
6 construction of the turnpikes and connecting roads, storm water
7 management systems, tunnels and bridges, the placing of the same
8 in operation, and the condemnation or other means of acquisition
9 of property necessary for the construction and operation. Any
10 obligation or expense contracted for by the commission with the
11 Department of Transportation of this Commonwealth, or with the
12 United States or any agency thereof, for traffic surveys,
13 preparation of plans and specifications, supervision of
14 construction, and other engineering, administrative and legal
15 services and expenses in connection with the construction of the
16 turnpike or any of the connecting roads, storm water management
17 systems, tunnels and bridges, and any costs of reimbursing the
18 Federal Government pursuant to the mandates of the Federal law
19 for Federal funds expended for interstate or other highways
20 which are to be made part of the turnpike system pursuant to
21 this act, shall be regarded as a part of the cost of the
22 turnpikes and shall be reimbursed or paid out of the proceeds of
23 the turnpike revenue bonds, notes or other obligations
24 hereinafter authorized. Payment of any bonds, notes or other
25 obligations shall be considered payment of the cost of the
26 turnpikes, provided the bonds, notes or other obligations were
27 issued for such purpose.
28 "Owner." An individual, copartnership, association or
29 corporation having any title or interest in any property rights,
30 easements or franchises authorized to be acquired by this act.
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1 "The turnpikes." The turnpike, turnpike extensions and
2 extension improvements to be constructed, and the toll-free
3 roads to be converted to toll roads, as described in section 4
4 and otherwise provided for in this act. The phrase shall be
5 deemed to include not only the turnpikes and all connecting
6 roads, storm water management systems, tunnels and bridges
7 connected therewith, but also all property rights, easements and
8 franchises relating thereto and deemed necessary or convenient
9 for the construction or the operation thereof, which may also be
10 referred to as the Pennsylvania Turnpike System.
11 "Toll road conversion." The inclusion within the turnpike
12 system and the imposition of tolls thereon of a highway that is
13 presently toll free.
14 Section 3. Authorization for turnpike extensions, turnpike
15 improvements and the conversion of toll-free
16 roads to toll roads.
17 (a) Improvement and extension authorizations.--In order to
18 facilitate vehicular traffic within this Commonwealth, the
19 Pennsylvania Turnpike Commission heretofore created by virtue of
20 the provisions of the act of May 21, 1937 (P.L.774, No.211),
21 referred to as the Pennsylvania Turnpike Commission Act, and the
22 supplements and amendments thereto, is hereby authorized,
23 empowered and directed to construct, operate and maintain
24 turnpike extensions and turnpike improvements at such specific
25 locations and according to such schedule as shall be deemed
26 feasible and approved by the commission, together with
27 connecting roads, storm water management systems, tunnels and
28 bridges, subject to the waiver of the Federal toll prohibition
29 provisions where applicable, as follows:
30 (1) Widen turnpike to six lanes between the Northeast
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1 Extension and the Delaware River Interchange.
2 (2) Construct Turnpike Interchange with Interstate Route
3 95 in Bucks County.
4 (3) Construct Turnpike Interchange with Interstate Route
5 476 in Montgomery County.
6 (4) Construct Turnpike Interchange with Keyser Avenue in
7 Lackawanna County.
8 (5) Construct extensions to the existing turnpike from a
9 point westerly of existing Interchange 2 extending northerly
10 to a connection with the existing interchange between U.S.
11 Route 422 and proposed State Route 60 in Lawrence County and
12 extending southerly to a connection with existing State Route
13 60 in Beaver County at or near State Route 51.
14 (6) Construct an extension to the turnpike from a point
15 at or near Interchange 8 in Westmoreland County extending
16 northerly to an interchange with State Route 66 northwest of
17 Greensburg and continuing northerly to an interchange with
18 U.S. Route 22 south of Delmont.
19 (7) Construction of an additional Lehigh Tunnel on the
20 Northeast Extension of the turnpike.
21 (8) Immediately enter negotiations with the United
22 States Department of Defense for the construction and
23 operation of a private Turnpike Interchange directly
24 connected to the New Cumberland Army Depot.
25 (b) Subsequent extension authorization.--Upon substantial
26 completion of the turnpike extension and improvements set forth
27 in subsection (a), the commission is hereby authorized and
28 empowered to construct, operate and maintain further extensions
29 of the turnpike at such specific locations and according to such
30 schedules as shall be deemed feasible and which shall be
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1 approved by the commission, subject to the waiver of the Federal
2 toll prohibition provisions where applicable, as follows:
3 (1) From an interchange with Interstate Route 70 between
4 existing interchanges at Lover and Speers extending northerly
5 to an interchange with Interstate Route 376 in Pittsburgh
6 extending southerly connecting with the existing interchange
7 between U.S. Route 40 and the Mon Valley Expressway
8 (L.R.1125).
9 (2) From an interchange with the turnpike at or near
10 Interchange 10 extending northerly generally following and
11 coincident where feasible with existing U.S. Route 219 to an
12 interchange with Interstate Route 80 at or near Interchange
13 16.
14 (3) Construction of an interchange for access to the
15 International Distribution Center at Wilkes-Barre Scranton
16 International Airport in Luzerne County on the Northeastern
17 Extension of the Pennsylvania Turnpike System.
18 (c) Additional subsequent extension authorization.--Upon
19 completion of the turnpike extensions and improvements set forth
20 in subsections (a) and (b), the commission is hereby authorized
21 and empowered to construct, operate and maintain further
22 extensions of the turnpike at such specific locations and
23 according to such schedules as shall be deemed feasible and
24 which shall be approved by the commission, subject to the waiver
25 of the Federal toll prohibition provisions where applicable, as
26 follows:
27 (1) From a point at or near the existing interchange
28 between U.S. Route 40 and the Mon Valley Expressway
29 (L.R.1125) in Fayette County southeasterly along U.S. Route
30 40 to Uniontown and continuing southerly along State Route
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1 857 to the West Virginia border.
2 (2) From a point at or near Turnpike Interchange 10
3 southerly generally along U.S. Route 219 to the Maryland
4 border.
5 (3) From a point at or near Interstate Route 80
6 Interchange 16 northerly generally along U.S. Route 219 to a
7 connection with the existing U.S. Route 219 Expressway south
8 of Bradford in McKean County.
9 (4) From a point at or near Interstate Route 80
10 Interchange 23 at Milesburg southwesterly generally along
11 U.S. Route 220 to a connection with the existing U.S. Route
12 220 Expressway south of Bald Eagle.
13 (d) Further subsequent authorizations.--Upon completion of
14 the turnpike extensions and improvements set forth in
15 subsections (a), (b) and (c), the commission is hereby
16 authorized and empowered to construct, operate and maintain a
17 turnpike at such specific locations as shall be approved by the
18 commission, subject to the waiver of the Federal toll
19 prohibition provisions where applicable, as follows:
20 (1) From a point at or near the intersection of State
21 Route 65 and Crows Run Road in Beaver County, in a
22 southeasterly direction to a point at or near the Perry
23 Highway Interchange of the Pennsylvania Turnpike.
24 (2) From a point at or near Exit 5 of the turnpike
25 northerly to Brookville, Jefferson County, to a point at the
26 intersection with Interstate Route 80.
27 (3) From a point at or near the Pennsylvania Turnpike
28 System into various areas of Berks County in order to
29 complete the construction of the inner loop system and outer
30 loop system of highways surrounding the City of Reading and
19850S0441B1141 - 10 -
1 to complete the missing links on Routes 222 to 422 to 1035.
2 (4) From a point at or near the intersections of
3 Interstate Route 70, Interstate Route 76 and T.R. 119 in the
4 Borough of Youngwood, Westmoreland County in a northerly
5 direction along T.R. 119 and T.R. 66 to the intersection of
6 T.R. 22 with a bypass around the City of Greensburg,
7 Westmoreland County; thence north on T.R. 66 to T.R. 356;
8 thence north on T.R. 356 to the intersection with T.R. 28.
9 (5) From a point at or near the intersection of T.R. 66
10 and T.R. 22 in Salem Township, Westmoreland County; thence in
11 a westerly direction paralleling T.R. 22 to Exit 6 of
12 Interstate 76.
13 (6) Relocate Turnpike Interchange at Morgantown and
14 construct access road from relocated interchange to
15 Interstate Route 176 in Berks County.
16 (e) Conversion to toll roads.--In order to facilitate
17 vehicular traffic across the Commonwealth, and after completion
18 of the turnpike extensions and improvements authorized in
19 subsection (a), and subject to prior Legislative approval by the
20 General Assembly and the United States Congress, the
21 Pennsylvania Turnpike Commission is hereby authorized and
22 empowered to convert to toll roads such portions of
23 Pennsylvania's interstate highway system as may be required in
24 order to facilitate the completion of the turnpike extensions
25 and improvements authorized in subsections (b), (c) and (d), and
26 to operate and maintain such converted interstates as toll roads
27 upon the approval by the Congress of the United States of
28 America and the General Assembly of this Commonwealth of special
29 legislation permitting the conversion of such interstates to
30 toll roads. Such conversions shall take place at a time and
19850S0441B1141 - 11 -
1 manner set forth in the plan for the conversion prepared by the
2 Pennsylvania Department of Transportation. The provisions
3 authorizing the commission to construct, operate and maintain
4 the turnpike routes in subsections (b), (c) and (d) shall be
5 subject to:
6 (1) the prior passage by the Congress of the United
7 States and the General Assembly of this Commonwealth of
8 legislation permitting the conversion of certain interstates
9 to toll roads; or
10 (2) the availability of such other funds as might become
11 available in amounts that would be sufficient to fund to
12 completion any of the individual turnpike extensions and
13 improvements set forth in subsections (b), (c) and (d) so
14 long as no turnpike extension authorized by subsection (d) is
15 undertaken until after all the turnpike extensions authorized
16 by subsection (c) are completed, and no turnpike extension
17 authorized by subsection (c) is undertaken until after all
18 the turnpike extensions and improvements authorized by
19 subsection (b) are completed. The commission is authorized to
20 use Federal funds which may be available for toll roads only
21 pursuant to the approval of the Secretary of Transportation
22 and only pursuant to the authority granted in section 20.
23 (f) Turnpike system.--The turnpike, turnpike extensions and
24 improvements, and the future toll road conversions authorized by
25 this act are hereby or shall be made part of the Pennsylvania
26 Turnpike System, as provided in the act of August 14, 1951
27 (P.L.1232, No.282), referred to as the Pennsylvania Turnpike
28 System Financing Act.
29 Section 4. Emergency telephones.
30 The commission shall provide for the installation and
19850S0441B1141 - 12 -
1 maintenance of emergency telephones at regular intervals along
2 the turnpike system.
3 Section 5. Status of turnpike bonds, notes or other
4 obligations.
5 The turnpike bonds, notes or other obligations issued under
6 the provisions of this act shall not be deemed to be a debt of
7 the Commonwealth or a pledge of the faith and credit of the
8 Commonwealth, but such bonds, notes or other obligations shall
9 be payable solely from the revenues of the commission, including
10 tolls, or from such funds as may be available to the commission
11 for that purpose. All such bonds, notes or other obligations
12 shall contain a statement on their face that the Commonwealth is
13 not obligated to pay the same or the interest thereon except
14 from revenues of the commission, including tolls, or from such
15 funds as may be available to the commission for that purpose,
16 and that the faith and credit of the Commonwealth is not pledged
17 to the payment of the principal or interest of such bonds, notes
18 or other obligations. The issuance of turnpike bonds, notes or
19 other obligations under the provisions of this act shall not
20 directly or indirectly or contingently obligate the Commonwealth
21 to levy or to pledge any form of taxation whatever therefor or
22 to make any appropriation for their payment.
23 Section 6. Pennsylvania Turnpike Commission Membership; term of
24 office.
25 (a) Appointments prior to January 1987.--Notwithstanding any
26 other law to the contrary, vacancies in the membership of the
27 commission existing on or after the effective date of this act
28 until the third Tuesday of January, 1987 shall be filled in the
29 following manner:
30 (1) Any vacancy which has occurred either prior to the
19850S0441B1141 - 13 -
1 effective date of this act or thereafter because of the
2 expiration of the term of a member, and the member continues
3 to serve pending the appointment and qualification of his
4 successor, shall be filled by appointment of the Governor by
5 and with the advice and consent of two-thirds of the members
6 elected to the Senate. A member whose term has expired (i)
7 prior to the effective date of this act or (ii) after the
8 effective date of this act but prior to the third Tuesday of
9 January 1987, shall continue to hold office until his
10 successor is appointed and qualified. Members appointed under
11 the provisions of this act shall serve for a term of four
12 years. Upon the expiration of that term, such appointed
13 member may continue to hold office for 90 days, or until his
14 successor shall be duly appointed and qualified, whichever
15 period is shorter, but shall not continue to hold office
16 thereafter unless reappointed in accordance with law.
17 (2) Any other vacancy shall be filled by a majority vote
18 of the members of the commission serving in accordance with
19 law. In making a selection to fill such a vacancy, the
20 members shall choose a person who has demonstrated by
21 experience or training a knowledge of transportation,
22 administration, finance and the economy of the Commonwealth.
23 Any member appointed in this manner shall serve for a term
24 ending the third Tuesday of January, 1987. Upon the
25 expiration of his term, an appointed member may continue to
26 hold office for 90 days, or until his successor shall be duly
27 appointed and qualified, whichever period is shorter, but
28 shall not continue to hold office thereafter unless
29 reappointed in accordance with law.
30 (b) Appointments after January 1987.--Notwithstanding any
19850S0441B1141 - 14 -
1 other law to the contrary, after the third Tuesday of January,
2 1987, any vacancy in the membership of the commission shall be
3 filled by appointment of the Governor by and with the advice and
4 consent of a majority of the members elected to the Senate. Such
5 appointed member shall serve for a term of four years. Upon the
6 expiration of this term, an appointed member may continue to
7 hold office for 90 days, or until his successor shall be duly
8 appointed and qualified, whichever period is shorter, but shall
9 not continue to hold office thereafter unless reappointed in
10 accordance with law.
11 (c) Secretary of Transportation.--The provisions of this
12 section shall not apply to the appointment of the Secretary of
13 Transportation who shall continue to be appointed and to serve
14 as a member of the commission ex officio in accordance with law.
15 Section 7. Exercise of commission powers deemed essential
16 government function.
17 The exercise by the commission of the powers conferred by
18 this act in the construction, operation and maintenance of the
19 turnpike, the turnpike extensions and improvements and in the
20 conversion of toll-free roads to toll roads shall be deemed and
21 held to be an essential governmental function of the
22 Commonwealth.
23 Section 8. Commission powers and duties enumerated; payment of
24 maintenance.
25 (a) Powers and duties of commission.--The commission is
26 authorized to:
27 (1) Maintain a principal office at such place as shall
28 be designated by the commission.
29 (2) Contract and be contracted within its own name.
30 (3) Sue and be sued in its own name, plead and be
19850S0441B1141 - 15 -
1 impleaded. Any and all actions at law or in equity against
2 the commission shall be brought only in the courts in which
3 such actions may be brought against the Commonwealth.
4 (4) Have an official seal.
5 (5) Make necessary rules and regulations for its own
6 government.
7 (6) Acquire, hold, accept, own, use, hire, lease,
8 exchange, operate and dispose of, personal property, real
9 property and interests in real property, and to make and
10 enter into all contracts and agreements necessary or
11 incidental to the performance of its duties and the execution
12 of its powers under this act, and to employ engineering,
13 traffic, architectural and construction experts and
14 inspectors, attorneys, and other employees as may in its
15 judgment be necessary, and fix their compensation.
16 (7) Provide grade separations, at its own expense, with
17 respect to all public roads, State highways and interstate
18 highways intersected by the turnpikes and to change and
19 adjust the lines and grades thereof so as to accommodate the
20 same to the design for such grade separation. The damages
21 incurred in changing and adjusting the lines and grades of
22 public roads, State highways and interstate highways shall be
23 ascertained and paid by the commission in the same manner as
24 is provided for by this act in regard to the location and
25 construction of the turnpike extensions and improvements and
26 conversions of toll-free roads to toll roads. If the
27 commission shall find it necessary to provide a grade
28 separation or change the site of any portion of any
29 interstate highway, State highway or public road, or vacate
30 the same, it shall cause it to be reconstructed and restored
19850S0441B1141 - 16 -
1 forthwith, at the commission's own proper expense, on the
2 most favorable location and in as satisfactory a manner as
3 the original road, or vacate it, as the case may be. The
4 method of acquiring the right-of-way and determining damages
5 incurred in changing the location of or vacating such road,
6 State highway or interstate highway shall be ascertained and
7 paid for in accordance with the act of June 22, 1964
8 (Sp.Sess., P.L.84, No.6), known as the Eminent Domain Code.
9 (8) Petition the court of common pleas of the county
10 wherein is situate any public road or part thereof affected
11 by the location therein of the turnpike, for the vacation,
12 relocation or supply of the same, or any part thereof, with
13 the same force and effect as is now given by existing laws to
14 the inhabitants of any township or such county, and the
15 proceedings upon such petition, whether it be for the
16 appointment of viewers or otherwise, shall be the same as
17 provided by existing law for similar proceedings upon the
18 petitions.
19 (9) Have all of the powers and perform all the duties
20 prescribed by the act of May 21, 1937 (P.L.774, No.211),
21 referred to as the Pennsylvania Turnpike Commission Act.
22 (b) Maintenance to be paid out of tolls.--The turnpike
23 extensions and improvements and the conversion of toll-free
24 roads to toll roads when completed and open to traffic shall be
25 maintained and repaired by and under the control of the
26 commission. All charges and costs for the maintenance and
27 repairs actually expended by the commission shall be paid out of
28 tolls. The turnpike, the turnpike extensions and improvements
29 and the toll-free roads converted to toll roads shall also be
30 policed and operated by a force of police, toll takers and other
19850S0441B1141 - 17 -
1 operating employees as the commission may, in its discretion,
2 employ.
3 Section 9. Expenses and bonding of commission members.
4 (a) Payment of expenses.--All compensation and salaries and
5 all expenses incurred in carrying out the provisions of this act
6 shall be paid solely from funds provided under the authority of
7 this act and no liability or obligation shall be incurred
8 hereunder beyond the extent to which money shall have been
9 provided under the authority of this act.
10 (b) No additional bond required.--The issuance of any
11 turnpike revenue bonds, notes or other obligations under the
12 provisions of this act shall not cause any member of the
13 commission to be required to execute a bond that a member of the
14 commission is not otherwise required to execute.
15 Section 10. Acquisition of property rights by commission.
16 (a) Condemnation.--The commission is hereby authorized and
17 empowered to condemn, pursuant to the provisions of the act of
18 June 22, 1964 (Sp.Sess., P.L.84, No.6), known as the Eminent
19 Domain Code, any lands, interests in lands, property rights,
20 rights-of-way, franchises, easements and other property deemed
21 necessary or convenient for the construction and efficient
22 operation of the turnpike extensions, improvements and the toll
23 road conversions or necessary in the restoration or relocation
24 of public or private property damaged or destroyed, and the date
25 of the commission resolution authorizing condemnation shall be
26 the effective date of condemnation.
27 (b) Purchase.--The commission is hereby authorized and
28 empowered to acquire by purchase, whenever it shall deem such
29 purchase expedient, or otherwise accept if dedicated to it, any
30 lands, interests in lands, property rights, rights-of-way,
19850S0441B1141 - 18 -
1 franchises, easements and other property deemed necessary or
2 convenient for the construction and efficient operation of the
3 turnpike extensions, improvements and toll road conversions or
4 necessary in the restoration of public or private property
5 damaged or destroyed, whether the same had theretofore been
6 condemned or otherwise, upon such terms and at such price as may
7 be considered by it to be reasonable and can be agreed upon
8 between the commission and the owner thereof, and to take title
9 thereto in the name of the commission. The net proceeds of the
10 purchase price payable to a municipality or the Department of
11 Transportation for any real property or interest therein
12 obtained by the commission pursuant to this act, less the cost
13 of retiring any bonded indebtedness on such property or
14 interest, shall be used exclusively, in the case of a
15 municipality, for road and bridge related expenses and, in the
16 case of the Department of Transportation, for highway and bridge
17 construction, reconstruction and maintenance in the same
18 engineering and maintenance district wherein the subject
19 property is located.
20 Section 11. Procedural requirements of acquisition.
21 (a) Title.--Title to any property condemned by the
22 commission shall be taken in the name of the commission. Prior
23 to physical entry upon the land, the commission shall be under
24 no obligation to accept and pay for any property condemned or
25 any costs incidental to any condemnation proceedings. In any
26 condemnation proceedings, the court having jurisdiction of the
27 suit, action or proceedings may make such orders as may be just
28 to the commission and to the owners of the property to be
29 condemned and may require an undertaking or other security to
30 secure such owners against any loss or damage by reason of the
19850S0441B1141 - 19 -
1 failure of the commission to enter upon, accept and pay for the
2 property, but neither such undertaking or security nor any act
3 or obligation of the commission shall impose any liability upon
4 the Commonwealth except such as may be paid from the funds
5 provided under the authority of this act.
6 (b) Vacation of condemned land.--The commission, in its
7 discretion, may vacate any portion or all of the land condemned
8 either prior to or after physical entry upon the land or any
9 part thereof and prior to final determination of damages. In
10 such cases, the commission shall be under no obligation to
11 accept and pay for any property condemned and subsequently
12 vacated. However, in any case, the court having jurisdiction of
13 the suit, action or proceeding may make the orders as may be
14 just to the commission and to the owners of the property and may
15 require an undertaking or other security to secure the owners
16 against any and all loss or damages occasioned to the owner from
17 the time of the original condemnation to the time of the
18 modification thereof, but neither such undertaking or security
19 nor any act or obligation of the commission shall impose any
20 liability upon the Commonwealth except such as may be paid from
21 the funds provided under the authority of this act.
22 (c) Entry.--In addition to the foregoing powers, the
23 commission and its authorized agents and employees may enter
24 upon any lands, waters and premises in this Commonwealth for the
25 purpose of making surveys, soundings, drillings and
26 examinations, as it may deem necessary or convenient for the
27 purpose of this act, and the entry shall not be deemed a
28 trespass, nor shall an entry for such purposes be deemed an
29 entry under any condemnation proceedings which may be then
30 pending. The commission shall make reimbursement for any actual
19850S0441B1141 - 20 -
1 damages resulting to the lands, waters and premises as a result
2 of the activities.
3 (d) Restoration of property.--All public or private property
4 damaged or destroyed in carrying out the powers granted by this
5 act shall be restored or repaired and placed in their original
6 condition as nearly as practicable or adequate compensation made
7 therefor out of funds provided under the authority of this act.
8 (e) Powers of public bodies.--All political subdivisions and
9 all public agencies and commissions of the Commonwealth,
10 notwithstanding any contrary provision of law, are hereby
11 authorized and empowered to lease, lend, dedicate, grant, convey
12 or otherwise transfer to the commission, upon its request, upon
13 such terms and conditions as the proper authorities of such
14 political subdivisions or public agencies and commissions of the
15 Commonwealth may deem reasonable and fair and without the
16 necessity for any advertisement, order of court or other action
17 or formality, other than the regular and formal action of the
18 authorities concerned, any real property which may be necessary
19 or convenient to the effectuation of the authorized purposes of
20 the commission, including public roads and other real property
21 already devoted to public use.
22 Section 12. Entry and possession of property condemned.
23 Whenever the commission has condemned any lands, rights,
24 rights-of-way, easements and franchises, or interests therein,
25 as provided in this act, and has tendered a bond or other
26 security to secure the owner or owners for damages and the same
27 has been accepted, or if the acceptance of the bond has been
28 refused and the same has been filed in and approved by the court
29 of common pleas of the county in which the property is located,
30 or, in the case of property located in two or more counties,
19850S0441B1141 - 21 -
1 then in any one of such counties, the commission shall have the
2 right to immediate possession of the property covered by the
3 bond and may enter thereon in the name of the commission. If the
4 owner, lessee or occupier of any of the premises or any building
5 or structure thereon shall refuse to remove his personal
6 property therefrom, or give up possession thereof, the
7 commission may proceed to obtain possession in the manner now
8 provided by law for obtaining possession, by the Secretary of
9 Transportation, of occupied structures.
10 Section 13. Issuance of turnpike bonds, notes or other
11 obligations.
12 (a) Issuance of bonds.--The commission is hereby authorized
13 to provide, by resolution, at one time or from time to time, for
14 the issuance of turnpike bonds, notes or other obligations of
15 the Commonwealth for the purpose of paying the cost of the
16 turnpikes, as defined in section 2, including the reconstruction
17 of the converted roads as provided for in this act and the
18 repayment to the Federal Treasury of any funds so required to be
19 repaid pursuant to any special legislation passed by the
20 Congress of the United States authorizing the conversion of
21 toll-free roads to toll roads. The principal and interest of the
22 bonds, notes or other obligations shall be payable solely from
23 revenues of the commission, including tolls collected on the
24 various turnpike extensions, improvements and toll road
25 conversions authorized by this act and those tolls collected on
26 the Pennsylvania Turnpike System, subject to the terms of any
27 trust indenture heretofore entered into by the commission and
28 any existing bond resolution of the commission or from such
29 funds as may be available to the commission for that purpose.
30 The bonds, notes or other obligations shall be dated, shall bear
19850S0441B1141 - 22 -
1 interest at such rate or rates acceptable to the commission,
2 shall mature at such time or times not exceeding 40 years from
3 their date or dates, as may be determined by the commission, and
4 may be made redeemable before maturity, at the option of the
5 commission, at such price or prices and under such terms and
6 conditions as may be fixed by the commission prior to the
7 issuance of the bonds, notes or other obligations. The principal
8 and interest of such bonds, notes or other obligations may be
9 made payable in any lawful medium. The commission shall
10 determine the form of bonds, notes or other obligations,
11 including any interest coupons to be attached thereto, and shall
12 fix the denomination or denominations of the bonds, notes or
13 other obligations, and the place or places of payment of
14 principal and interest thereof, which may be at any bank or
15 trust company within or without the Commonwealth. The bonds,
16 notes or other obligations shall be approved by and shall bear
17 the facsimile signatures of the Governor and of the chairman of
18 the commission, and the facsimile of the official seal of the
19 commission shall be affixed thereto, and attested by the
20 secretary and treasurer of the commission, and any coupons
21 attached thereto shall bear the facsimile signature of the
22 chairman of the commission. In case any officer whose signature
23 or a facsimile of whose signature shall appear on any bonds,
24 notes or other obligations or coupons shall cease to be such
25 officer before the delivery of such bonds, notes or other
26 obligations, such signature or such facsimile shall nevertheless
27 be valid and sufficient for all purposes, the same as if he had
28 remained in office until such delivery.
29 (b) Form of bonds.--The bonds, notes or other obligations
30 authorized herein may be issued in bearer or registered form,
19850S0441B1141 - 23 -
1 with or without coupons attached as the commission may
2 determine, and provision may be made for the registration of any
3 coupon bonds as to principal alone and also as to both principal
4 and interest, and registered and coupon bonds, notes or other
5 obligations shall be interchangeable. The commission may sell
6 such bonds, notes or other obligations in such manner and for
7 such price as it may determine to be for the best interest of
8 the Commonwealth.
9 (c) Use of bond proceeds.--The proceeds of such bonds, notes
10 or other obligations shall be used for the payment of the cost
11 of the turnpike extensions and improvements and the toll road
12 conversions, including the reconstruction of the converted roads
13 as provided for in this act and the repayment to the Federal
14 Treasury of any funds so required to be repaid pursuant to any
15 special legislation passed by the Congress of the United States
16 authorizing the conversion of toll-free roads to toll roads, and
17 shall be disbursed upon requisition of the chairman of the
18 commission under such restrictions, if any, as the resolution
19 authorizing the issuance of the bonds, notes or other
20 obligations, or any trust indenture or other agreement entered
21 into by the commission, may provide. If the proceeds of the
22 bonds, notes or other obligations shall exceed the cost of the
23 turnpike extensions and improvements and the toll road
24 conversions, including the reconstruction of the converted roads
25 as provided for in this act and the repayment to the Federal
26 Treasury of any funds so required to be repaid pursuant to any
27 special legislation passed by the Congress of the United States
28 authorizing the conversion of toll-free roads to toll roads,
29 such excess proceeds shall be set aside and applied to the
30 payment of the principal and the interest of such bonds, notes
19850S0441B1141 - 24 -
1 or other obligations as are issued pursuant to this act. Prior
2 to the preparation of definitive bonds, notes or other
3 obligations, the commission may, under like restrictions, issue
4 temporary bonds, notes or other obligations with or without
5 coupons, exchangeable for definitive bonds, notes or other
6 obligations upon the issuance of the latter. The commission may
7 also provide for the replacement of any bond, note or other
8 obligation which shall become mutilated or be destroyed or lost.
9 Such turnpike bonds, notes or other obligations may be issued
10 without any other proceedings or the happening of any other
11 conditions or things than those proceedings, conditions and
12 things which are specified and required by this act.
13 (d) Power to borrow.--The commission is hereby authorized to
14 borrow money from time to time to provide the preliminary or
15 interim financing, up to, but not exceeding, the estimated total
16 cost of the turnpike extensions and improvements and the toll
17 road conversions, including the reconstruction of said converted
18 roads as provided for in this act and the repayment to the
19 Federal Treasury of any funds so required to be repaid pursuant
20 to any special legislation passed by the Congress of the United
21 States authorizing the conversion of toll-free roads to toll
22 roads, and to evidence such borrowing by the issuance of
23 turnpike notes or other obligations of the commission and, in
24 its discretion, to pledge as collateral for such notes or other
25 obligations, turnpike bonds, notes or other obligations issued
26 under the provisions of this act, and to renew any such notes or
27 other obligations from time to time, and the payment or
28 retirement of such notes or other obligations shall be
29 considered to be payment of the cost of the projects authorized
30 by this act.
19850S0441B1141 - 25 -
1 (e) Bonds as securities.--The bonds, notes or other
2 obligations authorized herein are hereby made securities in
3 which all State and municipal officers and administrative
4 departments, boards and commissions of the Commonwealth; all
5 banks, bankers, savings banks, trust companies, saving and loan
6 associations, investment companies and other persons carrying on
7 a banking business; all insurance companies, insurance
8 associations and other persons carrying on an insurance
9 business; and all administrators, executors, guardians, trustees
10 and other fiduciaries; and all other persons whatsoever who now
11 or may hereafter be authorized to invest in bonds or other
12 obligations of the Commonwealth, may properly and legally invest
13 any funds, including capital, belonging to them or within their
14 control, and the bonds, notes or other obligations are hereby
15 made securities which may properly and legally be deposited with
16 and received by any State or municipal officer or agency of the
17 Commonwealth, or any purpose for which the deposit of bonds,
18 notes or other obligations of the Commonwealth is now or may
19 hereafter be authorized by law.
20 (f) Negotiable instruments.--All such bonds, notes or other
21 obligations authorized herein shall have and are hereby declared
22 to have all the qualities and incidents of negotiable
23 instruments under the laws of this Commonwealth.
24 Section 14. Obligation proceeds restricted and lien created.
25 All moneys received from any bonds, notes or other
26 obligations issued pursuant to this act shall be applied solely
27 to the payment of the cost of the turnpike, the turnpike
28 extensions and improvements and the toll road conversions,
29 including the reconstruction of said converted roads as provided
30 for in this act and the repayment to the Federal Treasury of any
19850S0441B1141 - 26 -
1 funds so required to be repaid pursuant to any special
2 legislation passed by the Congress of the United States
3 authorizing the conversion of toll-free roads to toll roads or
4 to the appurtenant fund, and there is created and granted a lien
5 upon such moneys, until so applied, in favor of holders of such
6 bonds, notes or other obligations or the trustee hereinafter
7 provided for in respect of such bonds, notes or other
8 obligations.
9 Section 15. Trust indenture authorized.
10 (a) Security for bonds.--In the discretion of the
11 commission, such bonds, notes or other obligations may be
12 secured by a trust indenture by and between the commission and a
13 corporate trustee, which may be any trust company or bank having
14 the powers of a trust company, within or without this
15 Commonwealth. Such trust indenture may pledge or assign tolls
16 and revenue to be received but shall not convey or mortgage the
17 turnpike, the turnpike extensions and improvements or toll road
18 conversions provided for by this act or any part hereof.
19 (b) Rights of bondholders.--Either the resolution providing
20 for the issuance of such bonds, notes or other obligations or
21 such trust indenture may contain such provisions for protecting
22 and enforcing the rights and remedies of the bondholders or
23 holders of notes or other obligations as may be reasonable and
24 proper and not in violation of law, including covenants setting
25 forth the duties of the commission in relation to the
26 acquisition of properties and the construction, maintenance,
27 operation and repair, and insurance of, the turnpikes, and the
28 custody, safeguarding and application of all moneys. It shall be
29 lawful for any bank or trust company incorporated under the laws
30 of this Commonwealth to act as a depository of the proceeds of
19850S0441B1141 - 27 -
1 bonds, notes or other obligations or revenues, and to furnish
2 such indemnity bonds or to pledge such securities as may be
3 required by the commission. The trust indenture may set forth
4 the rights and remedies of the bondholders or holders of notes
5 or other obligations and of the trustee and may restrict the
6 individual right of action of bondholders or holders of notes or
7 other obligations as is customary in trust indentures securing
8 bonds, debentures of corporations, notes or other obligations.
9 In addition to the foregoing, the trust indenture may contain
10 such other provisions as the commission may deem reasonable and
11 proper for the security of bondholders or holders of notes or
12 other obligations. All expenses incurred in carrying out the
13 trust indenture may be treated as part of the cost of
14 maintenance, operation and repair of the turnpike extensions,
15 improvements and toll road conversions provided for by this act.
16 Section 16. Commission and obligations tax exempt.
17 The accomplishment by the commission of the authorized
18 purposes stated in this act being for the benefit of the people
19 of the Commonwealth and for the improvement of their commerce
20 and prosperity, in which accomplishment the commission will be
21 performing essential governmental functions, the commission
22 shall not be required to pay any taxes or assessments on any
23 property acquired or used by it for the purposes provided in
24 this act, and the bonds, notes or other obligations issued by
25 the commission, their transfer, and the income therefrom,
26 including any profits made on the sale thereof, shall at all
27 times be free from taxation within the Commonwealth.
28 Section 17. Collection and disposition of tolls and other
29 revenue.
30 (a) Establishment and changes in toll amounts.--Subject to
19850S0441B1141 - 28 -
1 the terms of any trust indenture entered into by the commission
2 and any resolution authorizing the issuance of any bonds, notes
3 or other obligations of the commission, the commission is hereby
4 authorized to fix, and to revise from time to time, tolls for
5 the use of the Pennsylvania Turnpike System and the different
6 parts or sections thereof, including the turnpike, the turnpike
7 extensions and improvements and the toll road conversions
8 authorized by this act and to charge and collect the same, and
9 to contract with any person, partnership, association or
10 corporation desiring the use of any part thereof, including the
11 right-of-way adjoining the paved portion, for placing thereon
12 telephone, telegraph, electric light or power lines, gas
13 stations, garages, stores, hotels, restaurants and advertising
14 signs, or for any other purpose, except for tracks for railroad
15 or railway use, and to fix the terms, conditions, rents and
16 rates of charges for such use. Tolls shall be so fixed and
17 adjusted as to provide funds at least sufficient with other
18 revenues of the Pennsylvania Turnpike System, if any, to pay:
19 (1) the cost of constructing, maintaining, repairing and
20 operating the Pennsylvania Turnpike System and the different
21 parts and sections thereof; and
22 (2) any bonds, notes or other obligations and the
23 interest thereon of the commission, and all sinking fund
24 requirements of the commission, and other requirements
25 provided for by any resolution authorizing the issuance of
26 the bonds, notes or other obligations by the commission, or
27 by any trust indenture to which the commission is a party, as
28 the same shall become due.
29 (b) Restrictions on toll revenue.--Tolls shall not be
30 subject to supervision or regulation by any other State
19850S0441B1141 - 29 -
1 commission, board, bureau or agency. Subject to the terms of any
2 presently existing trust indenture entered into by the
3 commission and any presently existing resolution authorizing the
4 issuance of any bonds, notes or other obligations of the
5 commission, the tolls and all other revenue derived from the
6 Pennsylvania Turnpike System shall be set aside and pledged as
7 may be provided in any resolutions, trust indentures or any
8 other agreements that the commission may hereafter adopt or
9 hereafter enter into with respect to the issuance of bonds,
10 notes or other obligations of the commission.
11 Section 18. Revenue refunding bonds.
12 The commission is hereby authorized to provide, by
13 resolution, for the issuance of turnpike revenue refunding bonds
14 of the Commonwealth for the purpose of refunding any turnpike
15 revenue bonds, notes or other obligations issued and then
16 outstanding. The issuance of such turnpike revenue refunding
17 bonds, the maturities and other details thereof, the rights of
18 the holders thereof, and the duties of the Commonwealth and of
19 the commission in respect to the same, shall be governed by the
20 provisions of this act insofar as the same may be applicable.
21 Section 19. Rights of obligation holders and trustees.
22 Any holder of bonds, notes or other obligations issued under
23 the provisions of this act, or any of the coupons attached
24 thereto, and the trustee under the trust indenture, if any,
25 except to the extent the rights herein given, may be restricted
26 by resolution passed before the issuance of the bonds, notes or
27 other obligations, or by the trust indenture, and may, either at
28 law or in equity, by suit, action, mandamus or other
29 proceedings, protect and enforce any and all rights granted
30 hereunder or under such resolution or trust indenture, and may
19850S0441B1141 - 30 -
1 enforce and compel performance of all duties required by this
2 act or by such resolution or trust indenture to be performed by
3 the commission or any officer thereof, including the fixing,
4 charging and collecting of tolls for the use of the turnpikes.
5 Section 20. Authority granted to the Secretary of
6 Transportation.
7 (a) Agreement with Federal Government.--The Secretary of
8 Transportation is hereby authorized and empowered to enter into
9 an agreement with the United States Department of
10 Transportation, the Federal Highway Administration and any other
11 Federal agency pursuant to section 105 of the Federal-Aid
12 Highway Act of 1978 (Public Law 95-599), in order to obtain
13 Federal funds for projects for resurfacing, restoring and
14 rehabilitating toll roads in Pennsylvania. The commission is
15 authorized to use Federal funds which may be available for toll
16 roads only pursuant to the approval of the Pennsylvania
17 Secretary of Transportation and only pursuant to the authority
18 granted in this section.
19 (b) Approval by department.--All contracts and agreements
20 relating to the construction of the turnpike and connecting
21 tunnels and bridges shall be approved by the Department of
22 Transportation.
23 Section 21. Construction of act.
24 This act shall be deemed to provide an additional and
25 alternative method for the doing of things authorized thereby,
26 and shall be regarded as supplemental and additional to powers
27 conferred by other laws, and shall not be regarded as in
28 derogation of any powers now existing and shall be liberally
29 construed to effect the purposes thereof.
30 Section 22. Repeals.
19850S0441B1141 - 31 -
1 (a) Absolute repeals.--The following acts and parts of acts
2 are repealed:
3 Section 18 of the act of May 16, 1940 (1941 Sp.Sess. P.L.949,
4 No.11), known as the Pennsylvania Turnpike Philadelphia
5 Extension Act.
6 Section 18 of the act of June 11, 1941 (P.L.101, No.53),
7 known as the Western Pennsylvania Turnpike Extension Act.
8 Section 18 of the act of May 23, 1951 (P.L.335, No.74), known
9 as the Pennsylvania Turnpike Delaware River Extension Act.
10 Section 18 of the act of September 27, 1951 (P.L.1430,
11 No.348), known as the Pennsylvania Turnpike Northeastern
12 Extension Act.
13 Section 18 of the act of May 15, 1956 (1955 P.L.1589,
14 No.534), known as the Pennsylvania Turnpike Philadelphia Loop
15 Extension Act.
16 (b) Inconsistent repeals.--The following acts and parts of
17 acts are repealed insofar as they are inconsistent with this
18 act:
19 Act of May 21, 1937 (P.L.774, No.211), entitled "An act to
20 facilitate vehicular traffic between the eastern and western
21 sections of the Commonwealth by providing for the construction,
22 operation and maintenance of a turnpike from a point at or near
23 Middlesex in Cumberland County to a point at or near Irwin in
24 Westmoreland County; providing for the creation of the
25 Pennsylvania Turnpike Commission, and conferring powers and
26 imposing duties on said commission; authorizing the issuance of
27 turnpike revenue bonds of the Commonwealth, payable solely from
28 tolls, to pay the cost of such turnpike; providing that no debt
29 of the Commonwealth shall be incurred in the exercise of any of
30 the powers granted by this act; providing for the collection of
19850S0441B1141 - 32 -
1 tolls for the payment of such bonds and for the cost of
2 maintenance, operation and repair of the turnpike; making such
3 bonds exempt from taxation; constituting such bonds legal
4 investments in certain instances; prescribing conditions upon
5 which such turnpike shall become free; providing for
6 condemnation; granting certain powers and authority to municipal
7 subdivisions and agencies of the Commonwealth to cooperate with
8 the commission; and authorizing the issuance of turnpike revenue
9 refunding bonds."
10 (c) Partial repeal.--Section 207.1(c)(2) of the act of April
11 9, 1929 (P.L.177, No.175), known as The Administrative Code of
12 1929, is repealed to the extent that it requires a vote of two-
13 thirds of the members elected to the Senate to confirm
14 appointments to the Pennsylvania Turnpike Commission and the
15 power of the Governor to appoint inconsistent with this act.
16 (d) General repeal.--All other acts and parts of acts are
17 repealed insofar as they are inconsistent with this act.
18 Section 23. Effective date.
19 This act shall take effect in 60 days.
20 SECTION 1. SHORT TITLE. <--
21 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE TURNPIKE
22 ORGANIZATION, EXTENSION, AND TOLL ROAD CONVERSION ACT.
23 SECTION 2. DEFINITIONS.
24 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
25 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
26 CONTEXT CLEARLY INDICATES OTHERWISE:
27 "COMMISSION." THE PENNSYLVANIA TURNPIKE COMMISSION CREATED
28 BY THE ACT OF MAY 21, 1937 (P.L.774, NO.211), REFERRED TO AS THE
29 PENNSYLVANIA TURNPIKE COMMISSION ACT, OR IF THE COMMISSION SHALL
30 BE ABOLISHED, ANY BOARD, COMMISSION OR OFFICER SUCCEEDING TO THE
19850S0441B1141 - 33 -
1 PRINCIPAL FUNCTIONS THEREOF OR UPON WHOM THE POWER AND FUNCTIONS
2 GIVEN BY THIS ACT TO THE COMMISSION SHALL BE GIVEN BY LAW.
3 "COST OF THE TURNPIKES." INCLUDES THE COST OF CONSTRUCTING
4 THE TURNPIKES AND ALL CONNECTING ROADS, STORM WATER MANAGEMENT
5 SYSTEMS, TUNNELS AND BRIDGES; THE COST OF ALL LANDS, PROPERTY
6 RIGHTS, RIGHTS-OF-WAY, EASEMENTS AND FRANCHISES ACQUIRED BY
7 PURCHASE OR OTHER MEANS, WHICH ARE DEEMED NECESSARY OR
8 CONVENIENT FOR SUCH CONSTRUCTION; THE COST OF ALL MACHINERY AND
9 EQUIPMENT, FINANCING CHARGES, INTEREST PRIOR TO AND DURING
10 CONSTRUCTION AND FOR ONE YEAR AFTER COMPLETION OF CONSTRUCTION;
11 THE COST OF TRAFFIC ESTIMATES AND OF ENGINEERING AND LEGAL
12 EXPENSES, PLANS, SPECIFICATIONS, SURVEYS, ESTIMATES OF COST AND
13 OF REVENUES, OTHER EXPENSES NECESSARY OR INCIDENT TO DETERMINING
14 THE FEASIBILITY OR PRACTICABILITY OF THE ENTERPRISE,
15 ADMINISTRATIVE AND LEGAL EXPENSE, AND SUCH OTHER EXPENSES AS MAY
16 BE NECESSARY OR INCIDENT TO THE FINANCING HEREIN AUTHORIZED; THE
17 CONSTRUCTION OF THE TURNPIKES AND CONNECTING ROADS, STORM WATER
18 MANAGEMENT SYSTEMS, TUNNELS AND BRIDGES, THE PLACING OF THE SAME
19 IN OPERATION, AND THE CONDEMNATION OR OTHER MEANS OF ACQUISITION
20 OF PROPERTY NECESSARY FOR THE CONSTRUCTION AND OPERATION. ANY
21 OBLIGATION OR EXPENSE CONTRACTED FOR BY THE COMMISSION WITH THE
22 DEPARTMENT OF TRANSPORTATION OF THIS COMMONWEALTH, OR WITH THE
23 UNITED STATES OR ANY AGENCY THEREOF, FOR TRAFFIC SURVEYS,
24 PREPARATION OF PLANS AND SPECIFICATIONS, SUPERVISION OF
25 CONSTRUCTION, AND OTHER ENGINEERING, ADMINISTRATIVE AND LEGAL
26 SERVICES AND EXPENSES IN CONNECTION WITH THE CONSTRUCTION OF THE
27 TURNPIKE OR ANY OF THE CONNECTING ROADS, STORM WATER MANAGEMENT
28 SYSTEMS, TUNNELS AND BRIDGES, AND ANY COSTS OF REIMBURSING THE
29 FEDERAL GOVERNMENT PURSUANT TO THE MANDATES OF THE FEDERAL LAW
30 FOR FEDERAL FUNDS EXPENDED FOR INTERSTATE OR OTHER HIGHWAYS
19850S0441B1141 - 34 -
1 WHICH ARE TO BE MADE PART OF THE TURNPIKE SYSTEM PURSUANT TO
2 THIS ACT, SHALL BE REGARDED AS A PART OF THE COST OF THE
3 TURNPIKES AND SHALL BE REIMBURSED OR PAID OUT OF THE PROCEEDS OF
4 THE TURNPIKE REVENUE BONDS, NOTES OR OTHER OBLIGATIONS
5 HEREINAFTER AUTHORIZED. PAYMENT OF ANY TURNPIKE REVENUE BONDS,
6 NOTES OR OTHER OBLIGATIONS SHALL BE CONSIDERED PAYMENT OF THE
7 COST OF THE TURNPIKES, PROVIDED THE TURNPIKE REVENUE BONDS,
8 NOTES OR OTHER OBLIGATIONS WERE ISSUED FOR SUCH PURPOSE.
9 "OWNER." AN INDIVIDUAL, COPARTNERSHIP, ASSOCIATION OR
10 CORPORATION HAVING ANY TITLE OR INTEREST IN ANY PROPERTY RIGHTS,
11 EASEMENTS OR FRANCHISES AUTHORIZED TO BE ACQUIRED BY THIS ACT.
12 "THE TURNPIKES." THE TURNPIKE, TURNPIKE EXTENSIONS AND
13 TURNPIKE IMPROVEMENTS TO BE CONSTRUCTED, AND THE TOLL-FREE ROADS
14 TO BE CONVERTED TO TOLL ROADS, AS DESCRIBED IN SECTION 3 AND
15 OTHERWISE PROVIDED FOR IN THIS ACT. THE PHRASE SHALL BE DEEMED
16 TO INCLUDE NOT ONLY THE TURNPIKES AND ALL CONNECTING ROADS,
17 STORM WATER MANAGEMENT SYSTEMS, TUNNELS AND BRIDGES CONNECTED
18 THEREWITH, BUT ALSO ALL PROPERTY RIGHTS, EASEMENTS AND
19 FRANCHISES RELATING THERETO AND DEEMED NECESSARY OR CONVENIENT
20 FOR THE CONSTRUCTION OR THE OPERATION THEREOF, WHICH MAY ALSO BE
21 REFERRED TO AS CONSTITUTING A PART OF THE PENNSYLVANIA TURNPIKE
22 SYSTEM.
23 "TOLL ROAD CONVERSION." THE INCLUSION WITHIN THE TURNPIKE
24 SYSTEM AND THE IMPOSITION OF TOLLS THEREON OF A HIGHWAY THAT IS
25 PRESENTLY TOLL FREE.
26 SECTION 3. AUTHORIZATION FOR TURNPIKE EXTENSIONS, TURNPIKE
27 IMPROVEMENTS AND THE CONVERSION OF TOLL-FREE
28 ROADS TO TOLL ROADS.
29 (A) IMPROVEMENT AND EXTENSION AUTHORIZATIONS.--IN ORDER TO
30 FACILITATE VEHICULAR TRAFFIC WITHIN AND ACROSS THIS
19850S0441B1141 - 35 -
1 COMMONWEALTH, THE PENNSYLVANIA TURNPIKE COMMISSION HERETOFORE
2 CREATED BY VIRTUE OF THE PROVISIONS OF THE ACT OF MAY 21, 1937
3 (P.L.774, NO.211), REFERRED TO AS THE PENNSYLVANIA TURNPIKE
4 COMMISSION ACT, AND THE SUPPLEMENTS AND AMENDMENTS THERETO AND
5 REORGANIZED BY THIS ACT, IS HEREBY AUTHORIZED, EMPOWERED AND
6 DIRECTED TO CONSTRUCT, OPERATE AND MAINTAIN TURNPIKE EXTENSIONS
7 AND TURNPIKE IMPROVEMENTS AT SUCH SPECIFIC LOCATIONS AND
8 ACCORDING TO SUCH SCHEDULE AS SHALL BE DEEMED FEASIBLE AND
9 APPROVED BY THE COMMISSION, TOGETHER WITH CONNECTING ROADS,
10 STORM WATER MANAGEMENT SYSTEMS, TUNNELS AND BRIDGES, SUBJECT TO
11 THE WAIVER OF THE FEDERAL TOLL PROHIBITION PROVISIONS WHERE
12 APPLICABLE, AS FOLLOWS:
13 (1) WIDEN TURNPIKE TO SIX LANES BETWEEN THE NORTHEAST
14 EXTENSION AND THE DELAWARE RIVER INTERCHANGE.
15 (2) CONSTRUCT TURNPIKE INTERCHANGE WITH INTERSTATE ROUTE
16 95 IN BUCKS COUNTY.
17 (3) CONSTRUCT TURNPIKE INTERCHANGE WITH INTERSTATE ROUTE
18 476 IN MONTGOMERY COUNTY.
19 (4) CONSTRUCT TURNPIKE INTERCHANGE WITH KEYSER AVENUE IN
20 LACKAWANNA COUNTY.
21 (5) CONSTRUCT EXTENSIONS TO THE EXISTING TURNPIKE FROM A
22 POINT WESTERLY OF EXISTING INTERCHANGE 2 EXTENDING NORTHERLY
23 TO A CONNECTION WITH THE EXISTING INTERCHANGE BETWEEN U.S.
24 ROUTE 422 AND PROPOSED STATE ROUTE 60 IN LAWRENCE COUNTY AND
25 EXTENDING SOUTHERLY TO A CONNECTION WITH EXISTING STATE ROUTE
26 60 IN BEAVER COUNTY AT OR NEAR STATE ROUTE 51.
27 (6) CONSTRUCT AN EXTENSION TO THE TURNPIKE FROM A POINT
28 AT OR NEAR INTERCHANGE 8 IN WESTMORELAND COUNTY EXTENDING
29 NORTHERLY TO AN INTERCHANGE WITH STATE ROUTE 66 NORTHWEST OF
30 GREENSBURG AND CONTINUING NORTHERLY TO AN INTERCHANGE WITH
19850S0441B1141 - 36 -
1 U.S. ROUTE 22 SOUTH OF DELMONT.
2 (7) CONSTRUCT AN ADDITIONAL LEHIGH TUNNEL ON THE
3 NORTHEAST EXTENSION OF THE TURNPIKE.
4 (8) IMMEDIATELY ENTER NEGOTIATIONS WITH THE UNITED
5 STATES DEPARTMENT OF DEFENSE FOR THE CONSTRUCTION AND
6 OPERATION OF A PRIVATE TURNPIKE INTERCHANGE DIRECTLY
7 CONNECTED TO THE NEW CUMBERLAND ARMY DEPOT.
8 (9) CONSTRUCT FROM A POINT AT OR NEAR INTERSTATE ROUTE
9 80 INTERCHANGE 23 AT MILESBURG SOUTHWESTERLY GENERALLY ALONG
10 U.S. ROUTE 220 TO A CONNECTION WITH THE EXISTING U.S. ROUTE
11 220 EXPRESSWAY SOUTH OF BALD EAGLE.
12 (10) CONSTRUCT A FOUR-LANE TOLL HIGHWAY FROM A POINT AT
13 OR NEAR CROSS KEYS IN BLAIR COUNTY AND THENCE EASTWARD
14 THROUGH BLAIR, HUNTINGDON AND MIFFLIN COUNTIES AND A PORTION
15 OF JUNIATA COUNTY TO MEET WITH THE EXISTING FOUR-LANE PORTION
16 OF ROUTE 22/322 IN JUNIATA COUNTY.
17 (B) SUBSEQUENT EXTENSION AUTHORIZATION.--UPON SUBSTANTIAL
18 COMPLETION OF THE TURNPIKE EXTENSION AND IMPROVEMENTS SET FORTH
19 IN SUBSECTION (A), THE COMMISSION IS HEREBY AUTHORIZED AND
20 EMPOWERED TO CONSTRUCT, OPERATE AND MAINTAIN FURTHER EXTENSIONS
21 AND IMPROVEMENTS OF THE TURNPIKE AT SUCH SPECIFIC LOCATIONS AND
22 ACCORDING TO SUCH SCHEDULES AS SHALL BE DEEMED FEASIBLE AND
23 WHICH SHALL BE APPROVED BY THE COMMISSION, SUBJECT TO THE WAIVER
24 OF THE FEDERAL TOLL PROHIBITION PROVISIONS WHERE APPLICABLE, AS
25 FOLLOWS:
26 (1) FROM AN INTERCHANGE WITH INTERSTATE ROUTE 70 BETWEEN
27 EXISTING INTERCHANGES AT LOVER AND SPEERS EXTENDING NORTHERLY
28 TO AN INTERCHANGE WITH INTERSTATE ROUTE 376 IN PITTSBURGH AND
29 ALSO EXTENDING SOUTHERLY CONNECTING WITH THE EXISTING
30 INTERCHANGE BETWEEN U.S. ROUTE 40 AND THE MON VALLEY
19850S0441B1141 - 37 -
1 EXPRESSWAY (L.R.1125).
2 (2) FROM AN INTERCHANGE WITH THE TURNPIKE AT OR NEAR
3 INTERCHANGE 10 EXTENDING NORTHERLY GENERALLY FOLLOWING AND
4 COINCIDENT WHERE FEASIBLE WITH EXISTING U.S. ROUTE 219 TO AN
5 INTERCHANGE WITH INTERSTATE ROUTE 80 AT OR NEAR INTERCHANGE
6 16.
7 (3) CONSTRUCTION OF AN INTERCHANGE FOR ACCESS TO THE
8 INTERNATIONAL DISTRIBUTION CENTER AT WILKES-BARRE SCRANTON
9 INTERNATIONAL AIRPORT IN LUZERNE COUNTY ON THE NORTHEASTERN
10 EXTENSION OF THE PENNSYLVANIA TURNPIKE SYSTEM.
11 (C) ADDITIONAL SUBSEQUENT EXTENSION AUTHORIZATION.--UPON
12 COMPLETION OF THE TURNPIKE EXTENSIONS AND IMPROVEMENTS SET FORTH
13 IN SUBSECTIONS (A) AND (B), THE COMMISSION IS HEREBY AUTHORIZED
14 AND EMPOWERED TO CONSTRUCT, OPERATE AND MAINTAIN FURTHER
15 EXTENSIONS OF THE TURNPIKE AT SUCH SPECIFIC LOCATIONS AND
16 ACCORDING TO SUCH SCHEDULES AS SHALL BE DEEMED FEASIBLE AND
17 WHICH SHALL BE APPROVED BY THE COMMISSION, SUBJECT TO THE WAIVER
18 OF THE FEDERAL TOLL PROHIBITION PROVISIONS WHERE APPLICABLE, AS
19 FOLLOWS:
20 (1) FROM A POINT AT OR NEAR THE EXISTING INTERCHANGE
21 BETWEEN U.S. ROUTE 40 AND THE MON VALLEY EXPRESSWAY
22 (L.R.1125) IN FAYETTE COUNTY SOUTHEASTERLY ALONG U.S. ROUTE
23 40 TO UNIONTOWN AND CONTINUING SOUTHERLY ALONG STATE ROUTE
24 857 TO THE WEST VIRGINIA BORDER.
25 (2) FROM A POINT AT OR NEAR TURNPIKE INTERCHANGE 10
26 SOUTHERLY GENERALLY ALONG U.S. ROUTE 219 TO THE MARYLAND
27 BORDER.
28 (3) FROM A POINT AT OR NEAR INTERSTATE ROUTE 80
29 INTERCHANGE 16 NORTHERLY GENERALLY ALONG U.S. ROUTE 219 TO A
30 CONNECTION WITH THE EXISTING U.S. ROUTE 219 EXPRESSWAY SOUTH
19850S0441B1141 - 38 -
1 OF BRADFORD IN MCKEAN COUNTY.
2 (D) FURTHER SUBSEQUENT AUTHORIZATIONS.--UPON COMPLETION OF
3 THE TURNPIKE EXTENSIONS AND IMPROVEMENTS SET FORTH IN
4 SUBSECTIONS (A), (B) AND (C), THE COMMISSION IS HEREBY
5 AUTHORIZED AND EMPOWERED TO CONSTRUCT, OPERATE AND MAINTAIN
6 FURTHER EXTENSIONS AND IMPROVEMENTS OF THE TURNPIKE AT SUCH
7 SPECIFIC LOCATIONS AND ACCORDING TO SUCH SCHEDULES AS SHALL BE
8 DEEMED FEASIBLE AND WHICH SHALL BE APPROVED BY THE COMMISSION,
9 SUBJECT TO THE WAIVER OF THE FEDERAL TOLL PROHIBITION PROVISIONS
10 WHERE APPLICABLE, AS FOLLOWS:
11 (1) FROM A POINT AT OR NEAR THE INTERSECTION OF STATE
12 ROUTE 65 AND CROWS RUN ROAD IN BEAVER COUNTY, IN A
13 SOUTHEASTERLY DIRECTION TO A POINT AT OR NEAR THE PERRY
14 HIGHWAY INTERCHANGE OF THE PENNSYLVANIA TURNPIKE.
15 (2) FROM A POINT AT OR NEAR EXIT 5 OF THE TURNPIKE
16 NORTHERLY TO BROOKVILLE, JEFFERSON COUNTY, TO A POINT AT THE
17 INTERSECTION WITH INTERSTATE ROUTE 80.
18 (3) FROM A POINT AT OR NEAR THE PENNSYLVANIA TURNPIKE
19 SYSTEM INTO VARIOUS AREAS OF BERKS COUNTY IN ORDER TO
20 COMPLETE THE CONSTRUCTION OF THE INNER LOOP SYSTEM AND OUTER
21 LOOP SYSTEM OF HIGHWAYS SURROUNDING THE CITY OF READING AND
22 TO COMPLETE THE MISSING LINKS ON ROUTES 222 TO 422 TO 1035.
23 (4) FROM A POINT AT OR NEAR THE INTERSECTIONS OF
24 INTERSTATE ROUTE 70, INTERSTATE ROUTE 76 AND T.R. 119 IN THE
25 BOROUGH OF YOUNGWOOD, WESTMORELAND COUNTY IN A NORTHERLY
26 DIRECTION ALONG T.R. 119 AND T.R. 66 TO THE INTERSECTION OF
27 T.R. 22 WITH A BYPASS AROUND THE CITY OF GREENSBURG,
28 WESTMORELAND COUNTY; THENCE NORTH ON T.R. 66 TO T.R. 356;
29 THENCE NORTH ON T.R. 356 TO THE INTERSECTION WITH T.R. 28.
30 (5) FROM A POINT AT OR NEAR THE INTERSECTION OF T.R. 66
19850S0441B1141 - 39 -
1 AND T.R. 22 IN SALEM TOWNSHIP, WESTMORELAND COUNTY; THENCE IN
2 A WESTERLY DIRECTION PARALLELING T.R. 22 TO EXIT 6 OF
3 INTERSTATE 76.
4 (6) RELOCATE TURNPIKE INTERCHANGE AT MORGANTOWN AND
5 CONSTRUCT ACCESS ROAD FROM RELOCATED INTERCHANGE TO
6 INTERSTATE ROUTE 176 IN BERKS COUNTY.
7 (E) CONVERSION TO TOLL ROADS.--IN ORDER TO FACILITATE
8 VEHICULAR TRAFFIC WITHIN AND ACROSS THE COMMONWEALTH, AND AFTER
9 COMPLETION OF THE TURNPIKE EXTENSIONS AND IMPROVEMENTS
10 AUTHORIZED IN SUBSECTION (A), AND SUBJECT TO PRIOR LEGISLATIVE
11 APPROVAL BY THE GENERAL ASSEMBLY AND THE UNITED STATES CONGRESS,
12 THE PENNSYLVANIA TURNPIKE COMMISSION IS HEREBY AUTHORIZED AND
13 EMPOWERED TO CONVERT TO TOLL ROADS SUCH PORTIONS OF
14 PENNSYLVANIA'S INTERSTATE HIGHWAY SYSTEM AS MAY BE REQUIRED IN
15 ORDER TO FACILITATE THE COMPLETION OF THE TURNPIKE EXTENSIONS
16 AND IMPROVEMENTS AUTHORIZED IN SUBSECTIONS (B), (C) AND (D), AND
17 TO OPERATE AND MAINTAIN SUCH CONVERTED INTERSTATES AS TOLL ROADS
18 UPON THE APPROVAL BY THE CONGRESS OF THE UNITED STATES OF
19 AMERICA AND THE GENERAL ASSEMBLY OF THIS COMMONWEALTH OF
20 LEGISLATION EXPRESSLY PERMITTING THE CONVERSION OF SUCH
21 INTERSTATES TO TOLL ROADS. SUCH CONVERSIONS SHALL TAKE PLACE AT
22 A TIME AND MANNER SET FORTH IN THE PLAN FOR THE CONVERSION
23 PREPARED BY THE PENNSYLVANIA DEPARTMENT OF TRANSPORTATION. THE
24 PROVISIONS AUTHORIZING THE COMMISSION TO CONSTRUCT, OPERATE AND
25 MAINTAIN THE TURNPIKE ROUTES IN SUBSECTIONS (B), (C) AND (D)
26 SHALL BE SUBJECT TO:
27 (1) THE PRIOR PASSAGE BY THE CONGRESS OF THE UNITED
28 STATES AND THE GENERAL ASSEMBLY OF THIS COMMONWEALTH OF
29 LEGISLATION PERMITTING THE CONVERSION OF CERTAIN INTERSTATES
30 TO TOLL ROADS; OR
19850S0441B1141 - 40 -
1 (2) THE AVAILABILITY OF SUCH OTHER FUNDS AS MIGHT BECOME
2 AVAILABLE IN AMOUNTS THAT WOULD BE SUFFICIENT TO FUND TO
3 COMPLETION ANY OF THE INDIVIDUAL TURNPIKE EXTENSIONS AND
4 IMPROVEMENTS SET FORTH IN SUBSECTIONS (B), (C) AND (D) SO
5 LONG AS NO TURNPIKE EXTENSION OR IMPROVEMENT AUTHORIZED BY
6 SUBSECTION (D) IS UNDERTAKEN UNTIL AFTER ALL THE TURNPIKE
7 EXTENSIONS AUTHORIZED BY SUBSECTION (C) ARE COMPLETED, AND NO
8 TURNPIKE EXTENSION AUTHORIZED BY SUBSECTION (C) IS UNDERTAKEN
9 UNTIL AFTER ALL THE TURNPIKE EXTENSIONS AND IMPROVEMENTS
10 AUTHORIZED BY SUBSECTION (B) ARE COMPLETED. THE COMMISSION IS
11 AUTHORIZED TO USE FEDERAL FUNDS WHICH MAY BE AVAILABLE FOR
12 TOLL ROADS ONLY PURSUANT TO THE APPROVAL OF THE SECRETARY OF
13 TRANSPORTATION AND ONLY PURSUANT TO THE AUTHORITY GRANTED IN
14 SECTION 19.
15 (F) TURNPIKE SYSTEM.--THE TURNPIKES AND THE FUTURE TOLL ROAD
16 CONVERSIONS AUTHORIZED BY THIS ACT ARE HEREBY OR SHALL BE MADE
17 PART OF THE PENNSYLVANIA TURNPIKE SYSTEM, AS PROVIDED IN THE ACT
18 OF AUGUST 14, 1951 (P.L.1232, NO.282), REFERRED TO AS THE
19 PENNSYLVANIA TURNPIKE SYSTEM FINANCING ACT.
20 SECTION 4. STATUS OF TURNPIKE REVENUE BONDS, NOTES OR OTHER
21 OBLIGATIONS.
22 THE TURNPIKE REVENUE BONDS, NOTES OR OTHER OBLIGATIONS ISSUED
23 UNDER THE PROVISIONS OF THIS ACT SHALL NOT BE DEEMED TO BE A
24 DEBT OF THE COMMONWEALTH OR A PLEDGE OF THE FAITH AND CREDIT OF
25 THE COMMONWEALTH, BUT SUCH BONDS, NOTES OR OTHER OBLIGATIONS
26 SHALL BE PAYABLE SOLELY FROM THE REVENUES OF THE COMMISSION,
27 INCLUDING TOLLS, OR FROM SUCH FUNDS AS MAY BE AVAILABLE TO THE
28 COMMISSION FOR THAT PURPOSE. ALL SUCH BONDS, NOTES OR OTHER
29 OBLIGATIONS SHALL CONTAIN A STATEMENT ON THEIR FACE THAT THE
30 COMMONWEALTH IS NOT OBLIGATED TO PAY THE SAME OR THE INTEREST
19850S0441B1141 - 41 -
1 THEREON EXCEPT FROM REVENUES OF THE COMMISSION, INCLUDING TOLLS,
2 OR FROM SUCH FUNDS AS MAY BE AVAILABLE TO THE COMMISSION FOR
3 THAT PURPOSE, AND THAT THE FAITH AND CREDIT OF THE COMMONWEALTH
4 IS NOT PLEDGED TO THE PAYMENT OF THE PRINCIPAL OR INTEREST OF
5 SUCH BONDS, NOTES OR OTHER OBLIGATIONS. THE ISSUANCE OF TURNPIKE
6 REVENUE BONDS, NOTES OR OTHER OBLIGATIONS UNDER THE PROVISIONS
7 OF THIS ACT SHALL NOT DIRECTLY OR INDIRECTLY OR CONTINGENTLY
8 OBLIGATE THE COMMONWEALTH TO LEVY OR TO PLEDGE ANY FORM OF
9 TAXATION WHATEVER THEREFOR OR TO MAKE ANY APPROPRIATION FOR
10 THEIR PAYMENT.
11 SECTION 5. PENNSYLVANIA TURNPIKE COMMISSION MEMBERSHIP, TERM OF
12 OFFICE.
13 NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, MEMBERS OF THE
14 COMMISSION HEREAFTER APPOINTED BY THE GOVERNOR, EXCEPT FOR THE
15 SECRETARY OF TRANSPORTATION WHO SHALL SERVE AS A MEMBER EX
16 OFFICIO, SHALL TAKE OFFICE UPON THE CONSENT OF A MAJORITY OF
17 MEMBERS ELECTED TO THE SENATE, AND SHALL SERVE FOR A TERM OF
18 FOUR YEARS. UPON THE EXPIRATION OF HIS TERM, AN APPOINTED MEMBER
19 MAY CONTINUE TO HOLD OFFICE FOR 90 DAYS, OR UNTIL HIS SUCCESSOR
20 SHALL BE DULY APPOINTED AND QUALIFIED, WHICHEVER PERIOD IS
21 SHORTER, BUT SHALL NOT CONTINUE TO HOLD OFFICE THEREAFTER. A
22 MAJORITY OF THE MEMBERS OF THE COMMISSION SERVING IN ACCORDANCE
23 WITH LAW SHALL CONSTITUTE A QUORUM AND SUCH MAJORITY, ACTING
24 UNANIMOUSLY, SHALL BE REQUIRED FOR ANY ACTION. NO VACANCY IN THE
25 COMMISSION SHALL IMPAIR THE RIGHT OF A QUORUM OF THE MEMBERS TO
26 EXERCISE ALL THE RIGHTS AND PERFORM ALL THE DUTIES OF THE
27 COMMISSION.
28 SECTION 6. EXERCISE OF COMMISSION POWERS DEEMED ESSENTIAL
29 GOVERNMENT FUNCTION.
30 THE EXERCISE BY THE COMMISSION OF THE POWERS CONFERRED BY
19850S0441B1141 - 42 -
1 THIS ACT IN THE CONSTRUCTION, OPERATION AND MAINTENANCE OF THE
2 TURNPIKES AND IN EFFECTING TOLL ROAD CONVERSIONS SHALL BE DEEMED
3 AND HELD TO BE AN ESSENTIAL GOVERNMENTAL FUNCTION OF THE
4 COMMONWEALTH.
5 SECTION 7. COMMISSION POWERS AND DUTIES ENUMERATED; PAYMENT OF
6 MAINTENANCE.
7 (A) POWERS AND DUTIES OF COMMISSION.--THE COMMISSION IS
8 AUTHORIZED TO:
9 (1) MAINTAIN A PRINCIPAL OFFICE AT SUCH PLACE AS SHALL
10 BE DESIGNATED BY THE COMMISSION.
11 (2) CONTRACT AND BE CONTRACTED WITHIN ITS OWN NAME.
12 (3) SUE AND BE SUED IN ITS OWN NAME, PLEAD AND BE
13 IMPLEADED. ANY AND ALL ACTIONS AT LAW OR IN EQUITY AGAINST
14 THE COMMISSION SHALL BE BROUGHT ONLY IN THE COURTS IN WHICH
15 SUCH ACTIONS MAY BE BROUGHT AGAINST THE COMMONWEALTH.
16 (4) HAVE AN OFFICIAL SEAL.
17 (5) MAKE NECESSARY RULES AND REGULATIONS FOR ITS OWN
18 GOVERNMENT.
19 (6) ACQUIRE, HOLD, ACCEPT, OWN, USE, HIRE, LEASE,
20 EXCHANGE, OPERATE AND DISPOSE OF, PERSONAL PROPERTY, REAL
21 PROPERTY AND INTERESTS IN REAL PROPERTY, AND TO MAKE AND
22 ENTER INTO ALL CONTRACTS AND AGREEMENTS NECESSARY OR
23 INCIDENTAL TO THE PERFORMANCE OF ITS DUTIES AND THE EXECUTION
24 OF ITS POWERS UNDER THIS ACT, AND TO EMPLOY ENGINEERING,
25 TRAFFIC, ARCHITECTURAL AND CONSTRUCTION EXPERTS AND
26 INSPECTORS, ATTORNEYS, AND OTHER EMPLOYEES AS MAY IN ITS
27 JUDGMENT BE NECESSARY, AND FIX THEIR COMPENSATION.
28 (7) PROVIDE GRADE SEPARATIONS, AT ITS OWN EXPENSE, WITH
29 RESPECT TO ALL PUBLIC ROADS, STATE HIGHWAYS AND INTERSTATE
30 HIGHWAYS INTERSECTED BY THE TURNPIKES AND TO CHANGE AND
19850S0441B1141 - 43 -
1 ADJUST THE LINES AND GRADES THEREOF SO AS TO ACCOMMODATE THE
2 SAME TO THE DESIGN FOR SUCH GRADE SEPARATION. THE DAMAGES
3 INCURRED IN CHANGING AND ADJUSTING THE LINES AND GRADES OF
4 PUBLIC ROADS, STATE HIGHWAYS AND INTERSTATE HIGHWAYS SHALL BE
5 ASCERTAINED AND PAID BY THE COMMISSION IN ACCORDANCE WITH THE
6 ACT OF JUNE 22, 1964 (SP.SESS., P.L.84, NO.6), KNOWN AS THE
7 EMINENT DOMAIN CODE. IF THE COMMISSION SHALL FIND IT
8 NECESSARY TO PROVIDE A GRADE SEPARATION OR CHANGE THE SITE OF
9 ANY PORTION OF ANY INTERSTATE HIGHWAY, STATE HIGHWAY OR
10 PUBLIC ROAD, OR VACATE THE SAME, IT SHALL CAUSE IT TO BE
11 RECONSTRUCTED AND RESTORED FORTHWITH, AT THE COMMISSION'S OWN
12 PROPER EXPENSE, ON THE MOST FAVORABLE LOCATION AND IN AS
13 SATISFACTORY A MANNER AS THE ORIGINAL ROAD, OR VACATE IT, AS
14 THE CASE MAY BE. THE METHOD OF ACQUIRING THE RIGHT-OF-WAY AND
15 DETERMINING DAMAGES INCURRED IN CHANGING THE LOCATION OF OR
16 VACATING SUCH ROAD, STATE HIGHWAY OR INTERSTATE HIGHWAY SHALL
17 BE ASCERTAINED AND PAID FOR IN ACCORDANCE WITH THE ACT OF
18 JUNE 22, 1964 (SP.SESS., P.L.84, NO.6), KNOWN AS THE EMINENT
19 DOMAIN CODE.
20 (8) PETITION THE COURT OF COMMON PLEAS OF THE COUNTY
21 WHEREIN IS SITUATE ANY PUBLIC ROAD OR PART THEREOF AFFECTED
22 BY THE LOCATION THEREIN OF THE TURNPIKES, FOR THE VACATION,
23 RELOCATION OR SUPPLY OF THE SAME, OR ANY PART THEREOF, WITH
24 THE SAME FORCE AND EFFECT AS IS NOW GIVEN BY EXISTING LAWS TO
25 THE INHABITANTS OF ANY TOWNSHIP OR SUCH COUNTY, AND THE
26 PROCEEDINGS UPON SUCH PETITION, WHETHER IT BE FOR THE
27 APPOINTMENT OF VIEWERS OR OTHERWISE, SHALL BE THE SAME AS
28 PROVIDED BY EXISTING LAW FOR SIMILAR PROCEEDINGS UPON THE
29 PETITIONS.
30 (9) HAVE ALL OF THE POWERS AND PERFORM ALL THE DUTIES
19850S0441B1141 - 44 -
1 PRESCRIBED BY THE ACT OF MAY 21, 1937 (P.L.774, NO.211),
2 REFERRED TO AS THE PENNSYLVANIA TURNPIKE COMMISSION ACT.
3 (B) MAINTENANCE TO BE PAID OUT OF TOLLS.--THE TURNPIKE
4 EXTENSIONS AND IMPROVEMENTS AND THE CONVERSION OF TOLL-FREE
5 ROADS TO TOLL ROADS WHEN COMPLETED AND OPEN TO TRAFFIC SHALL BE
6 MAINTAINED AND REPAIRED BY AND UNDER THE CONTROL OF THE
7 COMMISSION. ALL CHARGES AND COSTS FOR THE MAINTENANCE AND
8 REPAIRS ACTUALLY EXPENDED BY THE COMMISSION SHALL BE PAID OUT OF
9 TOLLS. THE TURNPIKE, THE TURNPIKE EXTENSIONS AND IMPROVEMENTS
10 AND THE TOLL-FREE ROADS CONVERTED TO TOLL ROADS SHALL ALSO BE
11 POLICED AND OPERATED BY A FORCE OF POLICE, TOLL TAKERS AND OTHER
12 OPERATING EMPLOYEES AS THE COMMISSION MAY, IN ITS DISCRETION,
13 EMPLOY.
14 SECTION 8. EXPENSES AND BONDING OF COMMISSION MEMBERS.
15 (A) PAYMENT OF EXPENSES.--ALL COMPENSATION AND SALARIES AND
16 ALL EXPENSES INCURRED IN CARRYING OUT THE PROVISIONS OF THIS ACT
17 SHALL BE PAID SOLELY FROM FUNDS PROVIDED UNDER THE AUTHORITY OF
18 THIS ACT AND NO LIABILITY OR OBLIGATION SHALL BE INCURRED
19 HEREUNDER BEYOND THE EXTENT TO WHICH MONEY SHALL HAVE BEEN
20 PROVIDED UNDER THE AUTHORITY OF THIS ACT.
21 (B) NO ADDITIONAL BOND REQUIRED.--THE ISSUANCE OF ANY
22 TURNPIKE REVENUE BONDS, NOTES OR OTHER OBLIGATIONS UNDER THE
23 PROVISIONS OF THIS ACT SHALL NOT CAUSE ANY MEMBER OF THE
24 COMMISSION TO BE REQUIRED TO EXECUTE A BOND THAT A MEMBER OF THE
25 COMMISSION IS NOT OTHERWISE REQUIRED TO EXECUTE.
26 SECTION 9. ACQUISITION OF PROPERTY RIGHTS BY COMMISSION.
27 (A) CONDEMNATION.--THE COMMISSION IS HEREBY AUTHORIZED AND
28 EMPOWERED TO CONDEMN, PURSUANT TO THE PROVISIONS OF THE ACT OF
29 JUNE 22, 1964 (SP.SESS., P.L.84, NO.6), KNOWN AS THE EMINENT
30 DOMAIN CODE, ANY LANDS, INTERESTS IN LANDS, PROPERTY RIGHTS,
19850S0441B1141 - 45 -
1 RIGHTS-OF-WAY, FRANCHISES, EASEMENTS AND OTHER PROPERTY DEEMED
2 NECESSARY OR CONVENIENT FOR THE CONSTRUCTION AND EFFICIENT
3 OPERATION OF THE TURNPIKES AND THE TOLL ROAD CONVERSIONS OR
4 NECESSARY IN THE RESTORATION OR RELOCATION OF PUBLIC OR PRIVATE
5 PROPERTY DAMAGED OR DESTROYED.
6 (B) PURCHASE.--THE COMMISSION IS HEREBY AUTHORIZED AND
7 EMPOWERED TO ACQUIRE BY PURCHASE, WHENEVER IT SHALL DEEM SUCH
8 PURCHASE EXPEDIENT, OR OTHERWISE ACCEPT IF DEDICATED TO IT, ANY
9 LANDS, INTERESTS IN LANDS, PROPERTY RIGHTS, RIGHTS-OF-WAY,
10 FRANCHISES, EASEMENTS AND OTHER PROPERTY DEEMED NECESSARY OR
11 CONVENIENT FOR THE CONSTRUCTION AND EFFICIENT OPERATION OF THE
12 TURNPIKES AND TOLL ROAD CONVERSIONS OR NECESSARY IN THE
13 RESTORATION OF PUBLIC OR PRIVATE PROPERTY DAMAGED OR DESTROYED,
14 WHETHER THE SAME HAD THERETOFORE BEEN CONDEMNED OR OTHERWISE,
15 UPON SUCH TERMS AND AT SUCH PRICE AS MAY BE CONSIDERED BY IT TO
16 BE REASONABLE AND CAN BE AGREED UPON BETWEEN THE COMMISSION AND
17 THE OWNER THEREOF, AND TO TAKE TITLE THERETO IN THE NAME OF THE
18 COMMISSION. THE NET PROCEEDS OF THE PURCHASE PRICE PAYABLE TO A
19 MUNICIPALITY OR THE DEPARTMENT OF TRANSPORTATION FOR ANY REAL
20 PROPERTY OR INTEREST THEREIN OBTAINED BY THE COMMISSION PURSUANT
21 TO THIS ACT, LESS THE COST OF RETIRING ANY BONDED INDEBTEDNESS
22 ON SUCH PROPERTY OR INTEREST, SHALL BE USED EXCLUSIVELY, IN THE
23 CASE OF A MUNICIPALITY, FOR ROAD AND BRIDGE RELATED EXPENSES
24 AND, IN THE CASE OF THE DEPARTMENT OF TRANSPORTATION, FOR
25 HIGHWAY AND BRIDGE CONSTRUCTION, RECONSTRUCTION AND MAINTENANCE
26 IN THE SAME ENGINEERING AND MAINTENANCE DISTRICT WHEREIN THE
27 SUBJECT PROPERTY IS LOCATED.
28 SECTION 10. PROCEDURAL REQUIREMENTS OF ACQUISITION.
29 (A) TITLE.--TITLE TO ANY PROPERTY CONDEMNED BY THE
30 COMMISSION SHALL BE TAKEN IN THE NAME OF THE COMMISSION.
19850S0441B1141 - 46 -
1 (B) ENTRY.--IN ADDITION TO THE FOREGOING POWERS, THE
2 COMMISSION AND ITS AUTHORIZED AGENTS AND EMPLOYEES MAY ENTER
3 UPON ANY LANDS, WATERS AND PREMISES IN THIS COMMONWEALTH FOR THE
4 PURPOSE OF MAKING SURVEYS, SOUNDINGS, DRILLINGS AND
5 EXAMINATIONS, AS IT MAY DEEM NECESSARY OR CONVENIENT FOR THE
6 PURPOSE OF THIS ACT, AND THE ENTRY SHALL NOT BE DEEMED A
7 TRESPASS, NOR SHALL AN ENTRY FOR SUCH PURPOSES BE DEEMED AN
8 ENTRY UNDER ANY CONDEMNATION PROCEEDINGS WHICH MAY BE THEN
9 PENDING. THE COMMISSION SHALL MAKE REIMBURSEMENT FOR ANY ACTUAL
10 DAMAGES RESULTING TO THE LANDS, WATERS AND PREMISES AS A RESULT
11 OF THE ACTIVITIES.
12 (C) RESTORATION OF PROPERTY.--ALL PUBLIC OR PRIVATE PROPERTY
13 DAMAGED OR DESTROYED IN CARRYING OUT THE POWERS GRANTED BY THIS
14 ACT SHALL BE RESTORED OR REPAIRED AND PLACED IN THEIR ORIGINAL
15 CONDITION AS NEARLY AS PRACTICABLE OR ADEQUATE COMPENSATION MADE
16 THEREFOR OUT OF FUNDS PROVIDED UNDER THE AUTHORITY OF THIS ACT.
17 (D) POWERS OF PUBLIC BODIES.--ALL POLITICAL SUBDIVISIONS AND
18 ALL PUBLIC AGENCIES AND COMMISSIONS OF THE COMMONWEALTH,
19 NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW, ARE HEREBY
20 AUTHORIZED AND EMPOWERED TO LEASE, LEND, DEDICATE, GRANT, CONVEY
21 OR OTHERWISE TRANSFER TO THE COMMISSION, UPON ITS REQUEST, UPON
22 SUCH TERMS AND CONDITIONS AS THE PROPER AUTHORITIES OF SUCH
23 POLITICAL SUBDIVISIONS OR PUBLIC AGENCIES AND COMMISSIONS OF THE
24 COMMONWEALTH MAY DEEM REASONABLE AND FAIR AND WITHOUT THE
25 NECESSITY FOR ANY ADVERTISEMENT, ORDER OF COURT OR OTHER ACTION
26 OR FORMALITY, OTHER THAN THE REGULAR AND FORMAL ACTION OF THE
27 AUTHORITIES CONCERNED, ANY REAL PROPERTY WHICH MAY BE NECESSARY
28 OR CONVENIENT TO THE EFFECTUATION OF THE AUTHORIZED PURPOSES OF
29 THE COMMISSION, INCLUDING PUBLIC ROADS AND OTHER REAL PROPERTY
30 ALREADY DEVOTED TO PUBLIC USE.
19850S0441B1141 - 47 -
1 SECTION 11. ENTRY AND POSSESSION OF PROPERTY CONDEMNED.
2 WHENEVER THE COMMISSION HAS CONDEMNED ANY LANDS, RIGHTS,
3 RIGHTS-OF-WAY, EASEMENTS AND FRANCHISES, OR INTERESTS THEREIN,
4 AS PROVIDED IN THIS ACT, THE COMMISSION MAY PROCEED TO OBTAIN
5 POSSESSION IN THE MANNER PROVIDED BY THE ACT OF JUNE 22, 1964
6 (SP.SESS., P.L.84, NO.6), KNOWN AS THE EMINENT DOMAIN CODE.
7 SECTION 12. ISSUANCE OF TURNPIKE REVENUE BONDS, NOTES OR OTHER
8 OBLIGATIONS.
9 (A) ISSUANCE OF BONDS.--THE COMMISSION IS HEREBY AUTHORIZED
10 TO PROVIDE, BY RESOLUTION, AT ONE TIME OR FROM TIME TO TIME, FOR
11 THE ISSUANCE OF TURNPIKE REVENUE BONDS, NOTES OR OTHER
12 OBLIGATIONS OF THE COMMISSION FOR THE PURPOSE OF PAYING THE COST
13 OF THE TURNPIKES, AS DEFINED IN SECTION 2, INCLUDING THE
14 RECONSTRUCTION OF THE CONVERTED ROADS AS PROVIDED FOR IN THIS
15 ACT AND THE REPAYMENT TO THE FEDERAL TREASURY OF ANY FUNDS SO
16 REQUIRED TO BE REPAID PURSUANT TO ANY SPECIAL LEGISLATION PASSED
17 BY THE CONGRESS OF THE UNITED STATES AUTHORIZING THE CONVERSION
18 OF TOLL-FREE ROADS TO TOLL ROADS. THE PRINCIPAL AND INTEREST OF
19 THE BONDS, NOTES OR OTHER OBLIGATIONS SHALL BE PAYABLE SOLELY
20 FROM REVENUES OF THE COMMISSION, INCLUDING TOLLS COLLECTED ON
21 THE VARIOUS TURNPIKE EXTENSIONS, IMPROVEMENTS AND TOLL ROAD
22 CONVERSIONS AUTHORIZED BY THIS ACT AND THOSE TOLLS COLLECTED ON
23 THE PENNSYLVANIA TURNPIKE SYSTEM, SUBJECT TO THE TERMS OF ANY
24 TRUST INDENTURE HERETOFORE ENTERED INTO BY THE COMMISSION AND
25 ANY EXISTING BOND RESOLUTION OF THE COMMISSION OR FROM SUCH
26 FUNDS AS MAY BE AVAILABLE TO THE COMMISSION FOR THAT PURPOSE.
27 THE BONDS, NOTES OR OTHER OBLIGATIONS SHALL BE DATED, SHALL BEAR
28 INTEREST AT SUCH RATE OR RATES ACCEPTABLE TO THE COMMISSION,
29 SHALL MATURE AT SUCH TIME OR TIMES NOT EXCEEDING 40 YEARS FROM
30 THEIR DATE OR DATES, AS MAY BE DETERMINED BY THE COMMISSION, AND
19850S0441B1141 - 48 -
1 MAY BE MADE REDEEMABLE BEFORE MATURITY, AT THE OPTION OF THE
2 COMMISSION, AT SUCH PRICE OR PRICES AND UNDER SUCH TERMS AND
3 CONDITIONS AS MAY BE FIXED BY THE COMMISSION PRIOR TO THE
4 ISSUANCE OF THE BONDS, NOTES OR OTHER OBLIGATIONS. THE PRINCIPAL
5 AND INTEREST OF SUCH BONDS, NOTES OR OTHER OBLIGATIONS MAY BE
6 MADE PAYABLE IN ANY LAWFUL MEDIUM. THE COMMISSION SHALL
7 DETERMINE THE FORM OF BONDS, NOTES OR OTHER OBLIGATIONS,
8 INCLUDING ANY INTEREST COUPONS TO BE ATTACHED THERETO, AND SHALL
9 FIX THE DENOMINATION OR DENOMINATIONS OF THE BONDS, NOTES OR
10 OTHER OBLIGATIONS, AND THE PLACE OR PLACES OF PAYMENT OF
11 PRINCIPAL AND INTEREST THEREOF, WHICH MAY BE AT ANY BANK OR
12 TRUST COMPANY WITHIN OR WITHOUT THE COMMONWEALTH. THE BONDS,
13 NOTES OR OTHER OBLIGATIONS SHALL BE APPROVED BY AND SHALL BEAR
14 THE FACSIMILE SIGNATURES OF THE GOVERNOR AND OF THE CHAIRMAN OF
15 THE COMMISSION, AND THE FACSIMILE OF THE OFFICIAL SEAL OF THE
16 COMMISSION SHALL BE AFFIXED THERETO, AND ATTESTED BY THE
17 SECRETARY AND TREASURER OF THE COMMISSION, AND ANY COUPONS
18 ATTACHED THERETO SHALL BEAR THE FACSIMILE SIGNATURE OF THE
19 CHAIRMAN OF THE COMMISSION. IN CASE ANY OFFICER WHOSE SIGNATURE
20 OR A FACSIMILE OF WHOSE SIGNATURE SHALL APPEAR ON ANY BONDS,
21 NOTES OR OTHER OBLIGATIONS OR COUPONS SHALL CEASE TO BE SUCH
22 OFFICER BEFORE THE DELIVERY OF SUCH BONDS, NOTES OR OTHER
23 OBLIGATIONS, SUCH SIGNATURE OR SUCH FACSIMILE SHALL NEVERTHELESS
24 BE VALID AND SUFFICIENT FOR ALL PURPOSES, THE SAME AS IF HE HAD
25 REMAINED IN OFFICE UNTIL SUCH DELIVERY.
26 (B) FORM OF BONDS.--THE BONDS, NOTES OR OTHER OBLIGATIONS
27 AUTHORIZED HEREIN MAY BE ISSUED IN BEARER OR REGISTERED FORM,
28 WITH OR WITHOUT COUPONS ATTACHED AS THE COMMISSION MAY
29 DETERMINE, AND PROVISION MAY BE MADE FOR THE REGISTRATION OF ANY
30 COUPON BONDS AS TO PRINCIPAL ALONE AND ALSO AS TO BOTH PRINCIPAL
19850S0441B1141 - 49 -
1 AND INTEREST, AND REGISTERED AND COUPON BONDS, NOTES OR OTHER
2 OBLIGATIONS MAY BE MADE INTERCHANGEABLE. THE COMMISSION MAY SELL
3 SUCH BONDS, NOTES OR OTHER OBLIGATIONS IN SUCH MANNER AND FOR
4 SUCH PRICE AS IT MAY DETERMINE TO BE FOR THE BEST INTEREST OF
5 THE COMMONWEALTH.
6 (C) USE OF BOND PROCEEDS.--THE PROCEEDS OF SUCH BONDS, NOTES
7 OR OTHER OBLIGATIONS SHALL BE USED FOR THE PAYMENT OF THE COST
8 OF THE TURNPIKES AND THE TOLL ROAD CONVERSIONS, INCLUDING THE
9 RECONSTRUCTION OF THE CONVERTED ROADS AS PROVIDED FOR IN THIS
10 ACT AND THE REPAYMENT TO THE FEDERAL TREASURY OF ANY FUNDS SO
11 REQUIRED TO BE REPAID PURSUANT TO ANY SPECIAL LEGISLATION PASSED
12 BY THE CONGRESS OF THE UNITED STATES AUTHORIZING THE CONVERSION
13 OF TOLL-FREE ROADS TO TOLL ROADS, AND SHALL BE DISBURSED UPON
14 REQUISITION OF THE CHAIRMAN OF THE COMMISSION UNDER SUCH
15 RESTRICTIONS, IF ANY, AS THE RESOLUTION AUTHORIZING THE ISSUANCE
16 OF THE BONDS, NOTES OR OTHER OBLIGATIONS, OR ANY TRUST INDENTURE
17 OR OTHER AGREEMENT ENTERED INTO BY THE COMMISSION, MAY PROVIDE.
18 IF THE PROCEEDS OF THE BONDS, NOTES OR OTHER OBLIGATIONS SHALL
19 EXCEED THE COST OF THE TURNPIKES AND THE TOLL ROAD CONVERSIONS,
20 INCLUDING THE RECONSTRUCTION OF THE CONVERTED ROADS AS PROVIDED
21 FOR IN THIS ACT AND THE REPAYMENT TO THE FEDERAL TREASURY OF ANY
22 FUNDS SO REQUIRED TO BE REPAID PURSUANT TO ANY SPECIAL
23 LEGISLATION PASSED BY THE CONGRESS OF THE UNITED STATES
24 AUTHORIZING THE CONVERSION OF TOLL-FREE ROADS TO TOLL ROADS,
25 SUCH EXCESS PROCEEDS SHALL BE SET ASIDE AND APPLIED TO THE
26 PAYMENT OF THE PRINCIPAL AND THE INTEREST OF SUCH BONDS, NOTES
27 OR OTHER OBLIGATIONS AS ARE ISSUED PURSUANT TO THIS ACT. PRIOR
28 TO THE PREPARATION OF DEFINITIVE BONDS, NOTES OR OTHER
29 OBLIGATIONS, THE COMMISSION MAY, UNDER LIKE RESTRICTIONS, ISSUE
30 TEMPORARY BONDS, NOTES OR OTHER OBLIGATIONS WITH OR WITHOUT
19850S0441B1141 - 50 -
1 COUPONS, EXCHANGEABLE FOR DEFINITIVE BONDS, NOTES OR OTHER
2 OBLIGATIONS UPON THE ISSUANCE OF THE LATTER. THE COMMISSION MAY
3 ALSO PROVIDE FOR THE REPLACEMENT OF ANY BOND, NOTE OR OTHER
4 OBLIGATION WHICH SHALL BECOME MUTILATED OR BE DESTROYED OR LOST.
5 SUCH TURNPIKE REVENUE BONDS, NOTES OR OTHER OBLIGATIONS MAY BE
6 ISSUED WITHOUT ANY OTHER PROCEEDINGS OR THE HAPPENING OF ANY
7 OTHER CONDITIONS OR THINGS THAN THOSE PROCEEDINGS, CONDITIONS
8 AND THINGS WHICH ARE SPECIFIED AND REQUIRED BY THIS ACT.
9 (D) POWER TO BORROW.--THE COMMISSION IS HEREBY AUTHORIZED TO
10 BORROW MONEY FROM TIME TO TIME TO PROVIDE FOR PRELIMINARY OR
11 INTERIM FINANCING, UP TO, BUT NOT EXCEEDING, THE ESTIMATED TOTAL
12 COST OF THE TURNPIKES AND THE TOLL ROAD CONVERSIONS, INCLUDING
13 THE RECONSTRUCTION OF SAID CONVERTED ROADS AS PROVIDED FOR IN
14 THIS ACT AND THE REPAYMENT TO THE FEDERAL TREASURY OF ANY FUNDS
15 SO REQUIRED TO BE REPAID PURSUANT TO ANY SPECIAL LEGISLATION
16 PASSED BY THE CONGRESS OF THE UNITED STATES AUTHORIZING THE
17 CONVERSION OF TOLL-FREE ROADS TO TOLL ROADS, AND TO EVIDENCE
18 SUCH BORROWING BY THE ISSUANCE OF TURNPIKE NOTES OR OTHER
19 OBLIGATIONS OF THE COMMISSION AND, IN ITS DISCRETION, TO PLEDGE
20 AS COLLATERAL FOR SUCH NOTES OR OTHER OBLIGATIONS, TURNPIKE
21 REVENUE BONDS, NOTES OR OTHER OBLIGATIONS ISSUED UNDER THE
22 PROVISIONS OF THIS ACT, AND TO RENEW ANY SUCH NOTES OR OTHER
23 OBLIGATIONS FROM TIME TO TIME, AND THE PAYMENT OR RETIREMENT OF
24 SUCH NOTES OR OTHER OBLIGATIONS SHALL BE CONSIDERED TO BE
25 PAYMENT OF THE COST OF THE PROJECTS AUTHORIZED BY THIS ACT.
26 (E) BONDS AS SECURITIES.--THE BONDS, NOTES OR OTHER
27 OBLIGATIONS AUTHORIZED HEREIN ARE HEREBY MADE SECURITIES IN
28 WHICH ALL STATE AND MUNICIPAL OFFICERS AND ADMINISTRATIVE
29 DEPARTMENTS, BOARDS AND COMMISSIONS OF THE COMMONWEALTH; ALL
30 BANKS, BANKERS, SAVINGS BANKS, TRUST COMPANIES, SAVING AND LOAN
19850S0441B1141 - 51 -
1 ASSOCIATIONS, INVESTMENT COMPANIES AND OTHER PERSONS CARRYING ON
2 A BANKING BUSINESS; ALL INSURANCE COMPANIES, INSURANCE
3 ASSOCIATIONS AND OTHER PERSONS CARRYING ON AN INSURANCE
4 BUSINESS; AND ALL ADMINISTRATORS, EXECUTORS, GUARDIANS, TRUSTEES
5 AND OTHER FIDUCIARIES; AND ALL OTHER PERSONS WHATSOEVER WHO NOW
6 OR MAY HEREAFTER BE AUTHORIZED TO INVEST IN BONDS OR OTHER
7 OBLIGATIONS OF THE COMMONWEALTH, MAY PROPERLY AND LEGALLY INVEST
8 ANY FUNDS, INCLUDING CAPITAL, BELONGING TO THEM OR WITHIN THEIR
9 CONTROL, AND THE BONDS, NOTES OR OTHER OBLIGATIONS ARE HEREBY
10 MADE SECURITIES WHICH MAY PROPERLY AND LEGALLY BE DEPOSITED WITH
11 AND RECEIVED BY ANY STATE OR MUNICIPAL OFFICER OR AGENCY OF THE
12 COMMONWEALTH, FOR ANY PURPOSE FOR WHICH THE DEPOSIT OF BONDS,
13 NOTES OR OTHER OBLIGATIONS OF THE COMMONWEALTH IS NOW OR MAY
14 HEREAFTER BE AUTHORIZED BY LAW.
15 (F) NEGOTIABLE INSTRUMENTS.--ALL SUCH BONDS, NOTES OR OTHER
16 OBLIGATIONS AUTHORIZED HEREIN SHALL HAVE AND ARE HEREBY DECLARED
17 TO HAVE ALL THE QUALITIES AND INCIDENTS OF NEGOTIABLE
18 INSTRUMENTS UNDER THE LAWS OF THIS COMMONWEALTH.
19 SECTION 13. OBLIGATION PROCEEDS RESTRICTED AND LIEN CREATED.
20 ALL MONEYS RECEIVED FROM ANY BONDS, NOTES OR OTHER
21 OBLIGATIONS ISSUED PURSUANT TO THIS ACT SHALL BE APPLIED SOLELY
22 TO THE PAYMENT OF THE COST OF THE TURNPIKE, THE TURNPIKE
23 EXTENSIONS AND IMPROVEMENTS AND THE TOLL ROAD CONVERSIONS,
24 INCLUDING THE RECONSTRUCTION OF SAID CONVERTED ROADS AS PROVIDED
25 FOR IN THIS ACT AND THE REPAYMENT TO THE FEDERAL TREASURY OF ANY
26 FUNDS SO REQUIRED TO BE REPAID PURSUANT TO ANY SPECIAL
27 LEGISLATION PASSED BY THE CONGRESS OF THE UNITED STATES
28 AUTHORIZING THE CONVERSION OF TOLL-FREE ROADS TO TOLL ROADS OR
29 TO THE APPURTENANT FUND, AND THERE IS CREATED AND GRANTED A LIEN
30 UPON SUCH MONEYS, UNTIL SO APPLIED, IN FAVOR OF HOLDERS OF SUCH
19850S0441B1141 - 52 -
1 BONDS, NOTES OR OTHER OBLIGATIONS OR THE TRUSTEE HEREINAFTER
2 PROVIDED FOR IN RESPECT OF SUCH BONDS, NOTES OR OTHER
3 OBLIGATIONS.
4 SECTION 14. TRUST INDENTURE AUTHORIZED.
5 (A) SECURITY FOR BONDS.--IN THE DISCRETION OF THE
6 COMMISSION, SUCH BONDS, NOTES OR OTHER OBLIGATIONS MAY BE
7 SECURED BY A TRUST INDENTURE BY AND BETWEEN THE COMMISSION AND A
8 CORPORATE TRUSTEE, WHICH MAY BE ANY TRUST COMPANY OR BANK HAVING
9 THE POWERS OF A TRUST COMPANY, WITHIN THIS COMMONWEALTH. SUCH
10 TRUST INDENTURE MAY PLEDGE OR ASSIGN TOLLS AND REVENUE TO BE
11 RECEIVED BUT SHALL NOT CONVEY OR MORTGAGE THE PENNSYLVANIA
12 TURNPIKE SYSTEM INCLUDING THE TURNPIKES AND TOLL ROAD
13 CONVERSIONS PROVIDED FOR BY THIS ACT OR ANY PART THEREOF.
14 (B) RIGHTS OF BONDHOLDERS.--EITHER THE RESOLUTION PROVIDING
15 FOR THE ISSUANCE OF SUCH BONDS, NOTES OR OTHER OBLIGATIONS OR
16 SUCH TRUST INDENTURE MAY CONTAIN SUCH PROVISIONS FOR PROTECTING
17 AND ENFORCING THE RIGHTS AND REMEDIES OF THE BONDHOLDERS OR
18 HOLDERS OF NOTES OR OTHER OBLIGATIONS AS MAY BE REASONABLE AND
19 PROPER AND NOT IN VIOLATION OF LAW, INCLUDING COVENANTS SETTING
20 FORTH THE DUTIES OF THE COMMISSION IN RELATION TO THE
21 ACQUISITION OF PROPERTIES AND THE CONSTRUCTION, MAINTENANCE,
22 OPERATION AND REPAIR, AND INSURANCE OF, THE TURNPIKES, AND THE
23 CUSTODY, SAFEGUARDING AND APPLICATION OF ALL MONEYS. IT SHALL BE
24 LAWFUL FOR ANY BANK OR TRUST COMPANY INCORPORATED UNDER THE LAWS
25 OF THIS COMMONWEALTH TO ACT AS A DEPOSITORY OF THE PROCEEDS OF
26 BONDS, NOTES OR OTHER OBLIGATIONS OR REVENUES, AND TO FURNISH
27 SUCH INDEMNITY BONDS OR TO PLEDGE SUCH SECURITIES AS MAY BE
28 REQUIRED BY THE COMMISSION. THE TRUST INDENTURE MAY SET FORTH
29 THE RIGHTS AND REMEDIES OF THE BONDHOLDERS OR HOLDERS OF NOTES
30 OR OTHER OBLIGATIONS AND OF THE TRUSTEE AND MAY RESTRICT THE
19850S0441B1141 - 53 -
1 INDIVIDUAL RIGHT OF ACTION OF BONDHOLDERS OR HOLDERS OF NOTES OR
2 OTHER OBLIGATIONS AS IS CUSTOMARY IN TRUST INDENTURES SECURING
3 BONDS, DEBENTURES OF CORPORATIONS, NOTES OR OTHER OBLIGATIONS.
4 IN ADDITION TO THE FOREGOING, THE TRUST INDENTURE MAY CONTAIN
5 SUCH OTHER PROVISIONS AS THE COMMISSION MAY DEEM REASONABLE AND
6 PROPER FOR THE SECURITY OF BONDHOLDERS OR HOLDERS OF NOTES OR
7 OTHER OBLIGATIONS. ALL EXPENSES INCURRED IN CARRYING OUT THE
8 TRUST INDENTURE MAY BE TREATED AS PART OF THE COST OF
9 MAINTENANCE, OPERATION AND REPAIR OF THE TURNPIKES AND TOLL ROAD
10 CONVERSIONS PROVIDED FOR BY THIS ACT.
11 SECTION 15. COMMISSION AND OBLIGATIONS TAX EXEMPT.
12 THE ACCOMPLISHMENT BY THE COMMISSION OF THE AUTHORIZED
13 PURPOSES STATED IN THIS ACT BEING FOR THE BENEFIT OF THE PEOPLE
14 OF THE COMMONWEALTH AND FOR THE IMPROVEMENT OF THEIR COMMERCE
15 AND PROSPERITY, IN WHICH ACCOMPLISHMENT THE COMMISSION WILL BE
16 PERFORMING ESSENTIAL GOVERNMENTAL FUNCTIONS, THE COMMISSION
17 SHALL NOT BE REQUIRED TO PAY ANY TAXES OR ASSESSMENTS ON ANY
18 PROPERTY ACQUIRED OR USED BY IT FOR THE PURPOSES PROVIDED IN
19 THIS ACT, AND THE BONDS, NOTES OR OTHER OBLIGATIONS ISSUED BY
20 THE COMMISSION, THEIR TRANSFER, AND THE INCOME THEREFROM,
21 INCLUDING ANY PROFITS MADE ON THE SALE THEREOF, SHALL AT ALL
22 TIMES BE FREE FROM TAXATION WITHIN THE COMMONWEALTH.
23 SECTION 16. COLLECTION AND DISPOSITION OF TOLLS AND OTHER
24 REVENUE.
25 (A) ESTABLISHMENT AND CHANGES IN TOLL AMOUNTS.--SUBJECT TO
26 THE TERMS OF ANY TRUST INDENTURE ENTERED INTO BY THE COMMISSION
27 AND ANY RESOLUTION AUTHORIZING THE ISSUANCE OF ANY BONDS, NOTES
28 OR OTHER OBLIGATIONS OF THE COMMISSION, THE COMMISSION IS HEREBY
29 AUTHORIZED TO FIX, AND TO REVISE FROM TIME TO TIME, TOLLS FOR
30 THE USE OF THE PENNSYLVANIA TURNPIKE SYSTEM AND THE DIFFERENT
19850S0441B1141 - 54 -
1 PARTS OR SECTIONS THEREOF, INCLUDING THE TURNPIKE, THE TURNPIKE
2 EXTENSIONS AND IMPROVEMENTS AND THE TOLL ROAD CONVERSIONS
3 AUTHORIZED BY THIS ACT AND TO CHARGE AND COLLECT THE SAME, AND
4 TO CONTRACT WITH ANY PERSON, PARTNERSHIP, ASSOCIATION OR
5 CORPORATION DESIRING THE USE OF ANY PART THEREOF, INCLUDING THE
6 RIGHT-OF-WAY ADJOINING THE PAVED PORTION, FOR PLACING THEREON
7 TELEPHONE, TELEGRAPH, ELECTRIC LIGHT OR POWER LINES, GAS
8 STATIONS, GARAGES, STORES, HOTELS, RESTAURANTS AND ADVERTISING
9 SIGNS, OR FOR ANY OTHER PURPOSE, EXCEPT FOR TRACKS FOR RAILROAD
10 OR RAILWAY USE, AND TO FIX THE TERMS, CONDITIONS, RENTS AND
11 RATES OF CHARGES FOR SUCH USE. TOLLS SHALL BE SO FIXED AND
12 ADJUSTED AS TO PROVIDE FUNDS AT LEAST SUFFICIENT WITH OTHER
13 REVENUES OF THE PENNSYLVANIA TURNPIKE SYSTEM, IF ANY, TO PAY:
14 (1) THE COST OF CONSTRUCTING, MAINTAINING, REPAIRING AND
15 OPERATING THE PENNSYLVANIA TURNPIKE SYSTEM AND THE DIFFERENT
16 PARTS AND SECTIONS THEREOF; AND
17 (2) ANY BONDS, NOTES OR OTHER OBLIGATIONS AND THE
18 INTEREST THEREON OF THE COMMISSION, AND ALL SINKING FUND
19 REQUIREMENTS OF THE COMMISSION, AND OTHER REQUIREMENTS
20 PROVIDED FOR BY ANY RESOLUTION AUTHORIZING THE ISSUANCE OF
21 THE BONDS, NOTES OR OTHER OBLIGATIONS BY THE COMMISSION, OR
22 BY ANY TRUST INDENTURE TO WHICH THE COMMISSION IS A PARTY, AS
23 THE SAME SHALL BECOME DUE.
24 (B) RESTRICTIONS ON TOLL REVENUE.--TOLLS SHALL NOT BE
25 SUBJECT TO SUPERVISION OR REGULATION BY ANY OTHER STATE
26 COMMISSION, BOARD, BUREAU OR AGENCY. SUBJECT TO THE TERMS OF ANY
27 PRESENTLY EXISTING TRUST INDENTURE ENTERED INTO BY THE
28 COMMISSION AND ANY PRESENTLY EXISTING RESOLUTION AUTHORIZING THE
29 ISSUANCE OF ANY BONDS, NOTES OR OTHER OBLIGATIONS OF THE
30 COMMISSION, THE TOLLS AND ALL OTHER REVENUE DERIVED FROM THE
19850S0441B1141 - 55 -
1 PENNSYLVANIA TURNPIKE SYSTEM SHALL BE SET ASIDE AND PLEDGED AS
2 MAY BE PROVIDED IN ANY RESOLUTIONS, TRUST INDENTURES OR ANY
3 OTHER AGREEMENTS THAT THE COMMISSION MAY HEREAFTER ADOPT OR
4 HEREAFTER ENTER INTO WITH RESPECT TO THE ISSUANCE OF BONDS,
5 NOTES OR OTHER OBLIGATIONS OF THE COMMISSION.
6 SECTION 17. REFUNDING BONDS.
7 THE COMMISSION IS HEREBY AUTHORIZED TO PROVIDE, BY
8 RESOLUTION, FOR THE ISSUANCE OF TURNPIKE REVENUE REFUNDING BONDS
9 FOR THE PURPOSE OF REFUNDING ANY TURNPIKE REVENUE BONDS, NOTES
10 OR OTHER OBLIGATIONS ISSUED AND THEN OUTSTANDING. THE ISSUANCE
11 OF SUCH TURNPIKE REVENUE REFUNDING BONDS, THE MATURITIES AND
12 OTHER DETAILS THEREOF, THE RIGHTS OF THE HOLDERS THEREOF, AND
13 THE DUTIES OF THE COMMONWEALTH AND OF THE COMMISSION IN RESPECT
14 TO THE SAME, SHALL BE GOVERNED BY THE PROVISIONS OF THIS ACT
15 INSOFAR AS THE SAME MAY BE APPLICABLE.
16 SECTION 18. RIGHTS OF OBLIGATION HOLDERS AND TRUSTEES.
17 ANY HOLDER OF BONDS, NOTES OR OTHER OBLIGATIONS ISSUED UNDER
18 THE PROVISIONS OF THIS ACT, OR ANY OF THE COUPONS ATTACHED
19 THERETO, AND THE TRUSTEE UNDER THE TRUST INDENTURE, IF ANY,
20 EXCEPT TO THE EXTENT THE RIGHTS HEREIN GIVEN, MAY BE RESTRICTED
21 BY RESOLUTION PASSED BEFORE THE ISSUANCE OF THE BONDS, NOTES OR
22 OTHER OBLIGATIONS, OR BY THE TRUST INDENTURE, MAY, EITHER AT LAW
23 OR IN EQUITY, BY SUIT, ACTION, MANDAMUS OR OTHER PROCEEDINGS,
24 PROTECT AND ENFORCE ANY AND ALL RIGHTS GRANTED HEREUNDER OR
25 UNDER SUCH RESOLUTION OR TRUST INDENTURE, AND MAY ENFORCE AND
26 COMPEL PERFORMANCE OF ALL DUTIES REQUIRED BY THIS ACT OR BY SUCH
27 RESOLUTION OR TRUST INDENTURE TO BE PERFORMED BY THE COMMISSION
28 OR ANY OFFICER THEREOF, INCLUDING THE FIXING, CHARGING AND
29 COLLECTING OF TOLLS FOR THE USE OF THE TURNPIKES.
30 SECTION 19. AUTHORITY GRANTED TO THE SECRETARY OF
19850S0441B1141 - 56 -
1 TRANSPORTATION.
2 (A) AGREEMENT WITH FEDERAL GOVERNMENT.--THE SECRETARY OF
3 TRANSPORTATION IS HEREBY AUTHORIZED AND EMPOWERED TO ENTER INTO
4 AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF
5 TRANSPORTATION, THE FEDERAL HIGHWAY ADMINISTRATION AND ANY OTHER
6 FEDERAL AGENCY PURSUANT TO SECTION 105 OF THE FEDERAL-AID
7 HIGHWAY ACT OF 1978 (PUBLIC LAW 95-599), IN ORDER TO OBTAIN
8 FEDERAL FUNDS FOR PROJECTS FOR RESURFACING, RESTORING AND
9 REHABILITATING TOLL ROADS IN PENNSYLVANIA. THE COMMISSION IS
10 AUTHORIZED TO USE FEDERAL FUNDS WHICH MAY BE AVAILABLE FOR TOLL
11 ROADS ONLY PURSUANT TO THE APPROVAL OF THE PENNSYLVANIA
12 SECRETARY OF TRANSPORTATION AND ONLY PURSUANT TO THE AUTHORITY
13 GRANTED IN THIS SECTION.
14 (B) APPROVAL BY DEPARTMENT.--ALL CONTRACTS AND AGREEMENTS
15 RELATING TO THE CONSTRUCTION OF THE TURNPIKES AND CONNECTING
16 TUNNELS AND BRIDGES SHALL BE APPROVED BY THE DEPARTMENT OF
17 TRANSPORTATION.
18 SECTION 20. CONSTRUCTION OF ACT.
19 THIS ACT SHALL BE DEEMED TO PROVIDE AN ADDITIONAL AND
20 ALTERNATIVE METHOD FOR THE DOING OF THINGS AUTHORIZED THEREBY,
21 AND SHALL BE REGARDED AS SUPPLEMENTAL AND ADDITIONAL TO POWERS
22 CONFERRED BY OTHER LAWS, AND SHALL NOT BE REGARDED AS IN
23 DEROGATION OF ANY POWERS NOW EXISTING AND SHALL BE LIBERALLY
24 CONSTRUED TO EFFECT THE PURPOSES THEREOF.
25 SECTION 21. REPEALS.
26 (A) ABSOLUTE REPEALS.--THE FOLLOWING ACTS AND PARTS OF ACTS
27 ARE REPEALED:
28 SECTION 18 OF THE ACT OF MAY 16, 1940 (1941 SP.SESS. P.L.949,
29 NO.11), KNOWN AS THE PENNSYLVANIA TURNPIKE PHILADELPHIA
30 EXTENSION ACT.
19850S0441B1141 - 57 -
1 SECTION 18 OF THE ACT OF JUNE 11, 1941 (P.L.101, NO.53),
2 KNOWN AS THE WESTERN PENNSYLVANIA TURNPIKE EXTENSION ACT.
3 SECTION 18 OF THE ACT OF MAY 23, 1951 (P.L.335, NO.74), KNOWN
4 AS THE PENNSYLVANIA TURNPIKE DELAWARE RIVER EXTENSION ACT.
5 SECTION 18 OF THE ACT OF SEPTEMBER 27, 1951 (P.L.1430,
6 NO.348), KNOWN AS THE PENNSYLVANIA TURNPIKE NORTHEASTERN
7 EXTENSION ACT.
8 SECTION 18 OF THE ACT OF MAY 15, 1956 (1955 P.L.1589,
9 NO.534), KNOWN AS THE PENNSYLVANIA TURNPIKE PHILADELPHIA LOOP
10 EXTENSION ACT.
11 (B) INCONSISTENT REPEALS.--THE FOLLOWING ACTS AND PARTS OF
12 ACTS ARE REPEALED INSOFAR AS THEY ARE INCONSISTENT WITH THIS
13 ACT:
14 ACT OF MAY 21, 1937 (P.L.774, NO.211), ENTITLED "AN ACT TO
15 FACILITATE VEHICULAR TRAFFIC BETWEEN THE EASTERN AND WESTERN
16 SECTIONS OF THE COMMONWEALTH BY PROVIDING FOR THE CONSTRUCTION,
17 OPERATION AND MAINTENANCE OF A TURNPIKE FROM A POINT AT OR NEAR
18 MIDDLESEX IN CUMBERLAND COUNTY TO A POINT AT OR NEAR IRWIN IN
19 WESTMORELAND COUNTY; PROVIDING FOR THE CREATION OF THE
20 PENNSYLVANIA TURNPIKE COMMISSION, AND CONFERRING POWERS AND
21 IMPOSING DUTIES ON SAID COMMISSION; AUTHORIZING THE ISSUANCE OF
22 TURNPIKE REVENUE BONDS OF THE COMMONWEALTH, PAYABLE SOLELY FROM
23 TOLLS, TO PAY THE COST OF SUCH TURNPIKE; PROVIDING THAT NO DEBT
24 OF THE COMMONWEALTH SHALL BE INCURRED IN THE EXERCISE OF ANY OF
25 THE POWERS GRANTED BY THIS ACT; PROVIDING FOR THE COLLECTION OF
26 TOLLS FOR THE PAYMENT OF SUCH BONDS AND FOR THE COST OF
27 MAINTENANCE, OPERATION AND REPAIR OF THE TURNPIKE; MAKING SUCH
28 BONDS EXEMPT FROM TAXATION; CONSTITUTING SUCH BONDS LEGAL
29 INVESTMENTS IN CERTAIN INSTANCES; PRESCRIBING CONDITIONS UPON
30 WHICH SUCH TURNPIKE SHALL BECOME FREE; PROVIDING FOR
19850S0441B1141 - 58 -
1 CONDEMNATION; GRANTING CERTAIN POWERS AND AUTHORITY TO MUNICIPAL
2 SUBDIVISIONS AND AGENCIES OF THE COMMONWEALTH TO COOPERATE WITH
3 THE COMMISSION; AND AUTHORIZING THE ISSUANCE OF TURNPIKE REVENUE
4 REFUNDING BONDS."
5 (C) PARTIAL REPEAL.--SECTION 207.1(C)(2) OF THE ACT OF APRIL
6 9, 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF
7 1929, TO THE EXTENT THAT IT REQUIRES A VOTE OF TWO-THIRDS OF THE
8 MEMBERS ELECTED TO THE SENATE TO CONFIRM APPOINTMENTS TO THE
9 PENNSYLVANIA TURNPIKE COMMISSION.
10 (D) GENERAL REPEAL.--ALL OTHER ACTS AND PARTS OF ACTS ARE
11 REPEALED INSOFAR AS THEY ARE INCONSISTENT WITH THIS ACT.
12 SECTION 22. EFFECTIVE DATE.
13 EXCEPT FOR SECTIONS 5 AND 21(C) WHICH SHALL TAKE EFFECT
14 IMMEDIATELY, THIS ACT SHALL TAKE EFFECT 30 DAYS FOLLOWING THE
15 COMMISSIONING OF MEMBERS TO FILL ALL VACANCIES EXISTING IN
16 COMMISSION MEMBERSHIP AT THE TIME OF ENACTMENT OF THIS ACT.
B20L36WMB/19850S0441B1141 - 59 -