BRIDGES, CONSTRUCTION AND MAINTENANCE Act of Jul. 15, 1935, P.L. 998, No. 317 Cl. 36 AN ACT Authorizing the Department of Highways to enter into an agreement or agreements with the Department of Public Works of the State of New York for the construction, reconstruction, or maintenance, under certain terms and conditions, of free bridges across the Delaware River; granting certain powers to the Department of Highways in connection with the construction, reconstruction, or maintenance of such bridges and approaches thereto; and making an appropriation. Section 1. Be it enacted, &c., That the Department of Highways, with the approval of the Joint Commission having jurisdiction over bridges between the Commonwealth of Pennsylvania and the State of New York, is hereby empowered and authorized to enter into an agreement or agreements with the Department of Public Works of the State of New York for the construction, reconstruction, or maintenance of free bridges across the Delaware River between the Commonwealth of Pennsylvania and the State of New York, at such location or locations as may be fixed and determined in any agreement or agreements entered into pursuant to the provisions hereof. Section 2. Said agreement or agreements shall provide that the cost and expense of constructing, reconstructing, or maintaining said bridges shall be borne as follows: as to the bridges proper, fifty (50) per centum by the Commonwealth of Pennsylvania and fifty (50) per centum by the State of New York; as to construction, reconstruction or maintenance of bridge approaches in Pennsylvania, the costs thereof shall be paid entirely by the Commonwealth of Pennsylvania; if the bridge approach is in New York, the Commonwealth shall have no liability for payment of construction, reconstruction or maintenance costs thereof. (2 amended Dec. 19, 1975, P.L.600, No.170) Section 3. Said agreement or agreements shall provide for the making and preparation of the necessary surveys, plans, and specifications by the highway departments of the Commonwealth of Pennsylvania and the State of New York, either jointly or by either, in such manner as may be agreed upon; and the letting of the contract and supervision and inspection of the work may be handled in the same manner: Provided, however, That said agreement or agreements shall make an equal division of the expense involved between the State of New York and the Commonwealth of Pennsylvania: And provided further, That each state shall secure, at its own cost and expense, the necessary right-of-way within their respective limits required for the construction of said bridges. Section 4. In carrying out the terms of any agreement or agreements, entered into pursuant to the provisions of this act, for the construction, reconstruction, or maintenance of any bridge or bridges, as well as in connection with the construction, reconstruction, or maintenance of necessary approaches in Pennsylvania, the Department of Highways shall have and exercise all of the rights and powers vested in it by the laws relating to the construction, reconstruction, repair, or maintenance of State highways and bridges. Section 5. So much of the money, as may be necessary to carry out the provisions of this act, is hereby specifically appropriated to the Department of Highways out of the Motor License Fund, and any Federal aid received on said projects from the Federal Government, as well as any payments received from the State of New York, shall be deposited in the Motor License Fund. Section 6. Upon completion, any bridge or bridges, constructed or reconstructed, as provided herein, shall be free from toll and shall be maintained by the Commonwealth of Pennsylvania and the State of New York under the custody and charge of the said Joint Commission, and the costs thereof shall be borne and paid by the Commonwealth of Pennsylvania and the State of New York in equal proportions, in the same way as other bridges across the Delaware River under the custody and charge of the said Joint Commission: Provided, however, That the Secretary of Highways is hereby empowered and authorized to enter into an agreement or agreements with the Department of Public Works of the State of New York providing that the maintenance shall be done by either of their respective highway departments and reimbursement made to the one doing the work by the other. So much of the money, as may be necessary from time to time, is hereby specifically appropriated to the Department of Highways out of the Motor License Fund for defraying the share of the cost of maintenance, properly chargeable to the Commonwealth of Pennsylvania. Section 7. All expenditures made under the provisions of this act for the construction, reconstruction, maintenance, and repair of such bridges shall be audited and approved by the said Joint Commission. Section 8. This act shall become effective upon its approval by the Governor and the enactment into law of a similar, or substantially similar, statute by the State of New York making moneys available for such bridge construction and maintenance and conferring like powers upon its Department of Public Works. Section 9. The Governor is hereby authorized to apply on behalf of the Commonwealth of Pennsylvania to the Congress of the United States for its consent and approval to said compact or agreement, but, in the absence of such consent and approval, the said highway departments or either of them, as may be agreed upon, shall have all the powers which the Commonwealth of Pennsylvania and the State of New York may confer upon them, or it, without the consent and approval of Congress. |