Pennsylvania Act 1941-149 — ESTABLISHING THE "RIM PARKWAY"

act-1941-0-1491941 Pa. Act 149Law

Act text
ESTABLISHING THE "RIM PARKWAY"
                 Act of Jul. 16, 1941, P.L. 386, No. 149              Cl. 36
                                  AN ACT

     Providing for the establishment, construction, operation and
        maintenance of a mountain ridge road or parkway in the Pocono
        Mountains through, bordering or accessible to the counties of
        Monroe, Northampton, Carbon, Luzerne, Lackawanna, Wayne and
        Pike, to be known as the "Pocono Mountain Memorial Parkway";
        providing for the creation of the Pennsylvania Parkway
        Commission, and conferring powers, and imposing duties on
        said commission; authorizing the issuance of parkway revenue
        bonds of the Commonwealth, payable solely from tolls, to pay
        the cost of such parkway; providing that no debt of the
        Commonwealth shall be incurred in the exercise of any of the
        powers granted by this act; providing for the collection of
        tolls for the payment of such bonds and for the cost of
        maintenance, operation and repair of the parkway; making such
        bonds exempt from taxation; constituting such bonds legal
        investments in certain instances; prescribing conditions upon
        which such parkway shall become free; providing for
        condemnation; granting certain powers and authority to
        municipal subdivisions and other agencies of the Commonwealth
        to cooperate with the commission; conferring powers and
        imposing duties on the Department of Highways and authorizing
        the issuance of parkway revenue refunding bonds. (Title
        amended May 13, 1949, P.L.1325, No.394)
        Compiler's Note:  The Pennsylvania Parkway Commission,
            referred to in this section, terminated December 31,
            1987, under the act of December 22, 1981, P.L.508,
            No.142, known as the Sunset Act.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  The Department of Highways shall as soon as
     possible after the effective date of this act make surveys,
     estimates of costs and plans for the construction of a mountain
     ridge road or parkway over the Pocono Mountains through, or
     bordering, or accessible to, the counties of Monroe,
     Northampton, Carbon, Luzerne, Lackawanna, Wayne and Pike from a
     point at or near Delaware Water Gap in Monroe County to a point
     at or near Milford in Pike County, a distance of about seventy
     miles, to be known as the "Pocono Mountain Memorial Parkway" and
     shall be dedicated as a memorial to the sons and daughters of
     Pennsylvania who served in World Wars I and II.
        (1 amended May 13, 1949, P.L.1325, No.394)
        Section 2.  It shall be the plan of the parkway to avoid
     congested areas, if possible. The highway shall have as light
     grades as possible, and shall be designed primarily for tourist
     traffic and passenger vehicles. No intersecting highways
     carrying more than three hundred vehicles per day shall enter at
     grade level, nor shall any public driveways of any sort be
     permitted to enter thereon at intervals more frequent than five
     miles apart, at such points as the Secretary of Highways shall
     designate. No advertisements of any sort shall be permitted to
     be erected along said highway or within five hundred feet
     thereof under any circumstances, and no notices, signals or
     directions, other than those erected by the Department of
     Highways. Bridle trails and pedestrian foot paths may be
     constructed and maintained as their prospective use may seem to
     warrant. Landscaping and plantings shall be so planned that the
     Commonwealth's native plant life be utilized, and in such a
     manner that trees, high shrubbery or plantings will not obstruct
     the view of the valley side of the parkway. The parkway shall be
     constructed wherever possible over and through lands now owned
     by the Commonwealth as State forest, game or fish lands.
        The commission hereinafter created may from time to time as
     it sees fit prohibit the use of the parkway by any commercial
     vehicle, and it shall so prohibit the use thereof during the
     months of June, July, August and September, by any commercial
     vehicles except for forest fire protection, local deliveries,
     maintenance or emergency work involving service lines or
     military purposes.
        Section 3.  The Pennsylvania Parkway Commission hereinafter
     created is hereby authorized and empowered to construct, operate
     and maintain the said parkway in accordance with the survey made
     by the Department of Highways, together with connecting tunnels
     and bridges, and to issue parkway revenue bonds of the
     Commonwealth, payable solely from tolls, to pay the cost of such
     construction.
        Parkway revenue bonds issued under the provisions of this act
     shall not be deemed to be a debt of the Commonwealth or a pledge
     of the faith and credit of the Commonwealth, but such bonds
     shall be payable exclusively from the fund herein provided
     therefor from tolls. All such bonds shall contain a statement on
     their face that the Commonwealth is not obligated to pay the
     same or the interest thereon except from tolls and that the
     faith and credit of the Commonwealth is not pledged to the
     payment of the principal or interest of such bonds. The issuance
     of parkway revenue bonds under the provisions of this act shall
     not directly or indirectly or contingently obligate the
     Commonwealth to levy or to pledge any form of taxation whatever
     therefor or to make any appropriation for their payment.
        Compiler's Note:  The Pennsylvania Parkway Commission,
            referred to in this section, terminated December 31,
            1987, under the act of December 22, 1981, P.L.508,
            No.142, known as the Sunset Act.
        Section 4.  The following words and terms shall have the
     following meanings:
        (a)  The word "commission" shall mean the Pennsylvania
     Parkway Commission hereinafter created, or, if said commission
     shall be abolished, any board, commission or officer succeeding
     to the principal functions thereof, or upon whom the powers
     given by this act to said commission shall be given by law.
        (b)  The word "owner" shall include all individuals,
     copartnerships, associations or corporations having any title or
     interest in any property rights, easements or franchises
     authorized to be acquired by this act.
        (c)  The word "parkway" shall mean the "Pocono Memorial
     Parkway" to be constructed as herein provided either bordering
     on or accessible to the Counties of Monroe, Northampton, Carbon,
     Luzerne, Lackawanna, Wayne and Pike and shall be deemed to
     include not only the road and all tunnels and bridges and
     connecting roads, not exceeding one thousand feet in length,
     connected therewith, but also all property rights, easements,
     franchises relating thereto and deemed necessary or convenient
     for the construction or operation thereof. ((c) amended May 13,
     1949, P.L.1325, No.394)
        (d)  The term "cost of the parkway" shall embrace the cost of
     constructing the parkway and all connecting tunnels and bridges
     and connecting roads not more than one thousand feet in length;
     the cost of all lands, property rights, easements and franchises
     required which are deemed necessary for such construction; the
     cost of all machinery and equipment, financing charges and
     interest; the cost of traffic estimates and of engineering and
     legal expenses, plans, specifications, surveys, estimates of
     cost and of revenues other than expenses necessary or incident
     to determining the feasibility or practicability of the
     enterprise, administrative expense and such other expenses as
     may be necessary or incident to the financing herein authorized,
     the condemnation of property necessary for such construction and
     bridges, the placing of the same in operation and the
     condemnation of property necessary for such construction and
     operation. Any obligation or expense heretofore or hereafter
     incurred by the Department of Highways of the Commonwealth for
     surveys, traffic surveys, preparation of plans and
     specifications, supervision of construction and other
     engineering services performed by the department and its agents
     and employes in connection with the construction of the parkway
     or any of the connecting tunnels and bridges shall be regarded
     as a part of the cost of the parkway and shall be reimbursed to
     the Department of Highways out of the proceeds of the tolls
     collected and hereinafter authorized.
        Section 5.  There is hereby created a commission to be known
     as the "Pennsylvania Parkway Commission", and by that name the
     commission may sue and be sued, plead and be impleaded, contract
     and be contracted with, and have an official seal. The
     commission is hereby constituted an instrumentality of the
     Commonwealth, and the exercise by the commission of the powers
     conferred by this act in the construction, operation and
     maintenance of the parkway shall be deemed and held to be an
     essential governmental function of the Commonwealth. The
     commission shall consist of three members, and the Secretary of
     Highways shall be a member ex officio. The two remaining members
     shall be appointed by the Governor by and with the advice and
     consent of two-thirds of the members of the Senate, and shall be
     residents of the Commonwealth of Pennsylvania at the time of
     their appointment and qualification, and shall also at such time
     have been qualified electors therein for a period of at least
     one year next preceding their appointment. The appointed members
     of the commission shall continue in office for terms of eight
     and ten years respectively from the dates of their appointment
     and until their respective successors shall be duly appointed
     and qualified, the term of each appointed member to be
     designated by the Governor at the time of his appointment, but
     their successors shall each be appointed for a term of ten
     years, except that any person appointed to fill a vacancy shall
     serve only for the unexpired term, and any member of the
     commission shall be eligible for reappointment. Immediately
     after such appointments the members of the commission shall
     enter upon their duties. Each appointed member of the commission
     before entering upon his duties shall take the oath prescribed
     by Article VIII of the Constitution of the Commonwealth. The
     commission shall elect one of the appointed members as chairman
     of the commission and shall also elect a secretary and treasurer
     who may not be a member of the commission. Two members of the
     commission shall constitute a quorum who for all purposes must
     act unanimously. No vacancy in the commission shall impair the
     right of a quorum of the commissioners to exercise all the
     rights and perform all the duties of the commission. Before the
     issuance of any parkway revenue bonds under the provisions of
     this act, each appointed member of the commission shall execute
     a bond in the penalty of twenty-five thousand dollars ($25,000),
     and the secretary and treasurer shall execute a bond in the
     penalty of fifty thousand dollars ($50,000), each such bond to
     be approved by the Governor, and to be conditioned upon the
     faithful performance of the duties of his office, which bonds
     shall be filed in the office of the Secretary of the
     Commonwealth. The commission shall make necessary rules and
     regulations for its own government and shall have power and
     authority to acquire, own, use, hire, lease, operate and dispose
     of personal property, real property and interests in real
     property, and to make and enter into all contracts and
     agreements necessary or incidental to the performance of its
     duties and the execution of its powers under this act, and to
     employ engineering, traffic, architectural and construction
     experts and inspectors and attorneys and such other employes as
     may be necessary in its judgment, and fix their compensation:
     Provided, however, That all contracts and agreements relating to
     the construction of the parkway and connecting tunnels and
     bridges shall be approved by the Department of Highways, and the
     parkway and connecting tunnels and bridges shall be constructed
     under the supervision of the Department of Highways. Each
     appointed member of the commission shall receive an annual
     salary of five thousand dollars ($5,000) payable in monthly
     installments, and each member of the commission shall be
     reimbursed for necessary expenses incurred in the performance of
     his duties. All such compensation and salaries and all expenses
     incurred in carrying out the provisions of this act shall be
     paid solely from funds provided under the authority of this act,
     and no liability or obligation shall be incurred hereunder
     beyond the extent to which money shall have been provided under
     the authority of this act. All public or private property
     damaged or destroyed in carrying out the powers granted by this
     act shall be restored or repaired and placed in their original
     condition as nearly as practicable, or adequate compensation
     made therefor out of funds provided under the authority of this
     act.
        Section 6.  The commission with the approval of the
     Department of Highways is hereby authorized and empowered to
     acquire by purchase, whenever it shall deem such purchase
     expedient, such tunnels, whether wholly or partly constructed,
     rights of way, franchises, easements and other interests in
     lands, as it may deem necessary for the construction and
     operation of the parkway, upon such terms and at such price as
     may be considered by it to be reasonable and can be agreed upon
     between the commission and the owner thereof, and to take title
     thereto in the name of the commission.
        Section 7.  Whenever a reasonable price cannot be agreed upon
     or whenever the owner is legally incapacitated, or is absent, or
     is unable to convey valid title, or is unknown, the commission
     is hereby authorized and empowered to acquire by condemnation
     any such tunnel or tunnels, whether wholly or partly
     constructed, or interest or interests therein, and any lands,
     rights, easements, franchises and other property deemed
     necessary or convenient for the construction or the efficient
     operation of the parkway in the manner hereinafter provided.
     Title to any property condemned by the commission shall be taken
     in the name of the commission. The commission shall be under no
     obligation to accept and pay for any property condemned or any
     costs incidental to any condemnation proceedings and shall in no
     event pay for the same except from the funds provided by this
     act, and in any condemnation proceedings the court having
     jurisdiction of the suit, action or proceeding may make such
     orders as may be just to the commission and to the owners of the
     property to be condemned and may require an undertaking or other
     security to secure such owners against any loss or damage by
     reason of the failure of the commission to accept and pay for
     the property, but such undertaking or security shall impose no
     liability upon the Commonwealth, except such as may be paid from
     the funds provided under the authority of this act.
        All counties, cities, boroughs, townships and other political
     subdivisions and municipalities and all public agencies and
     commissions of the Commonwealth of Pennsylvania, notwithstanding
     any contrary provision of law, are hereby authorized and
     empowered to lease, lend, grant or convey to the commission upon
     its request upon such terms and conditions as the proper
     authorities of such counties, cities, boroughs, townships,
     political subdivisions or other municipalities may deem
     reasonable and fair and without the necessity for any
     advertisement, order of court or other action or formality,
     other than the regular and formal action of the authorities
     concerned, any real property which may be necessary or
     convenient to the effectuation of the authorized purposes of the
     commission, including real property already devoted to public
     use.
        (7 repealed in part June 3, 1971, P.L.118, No.6)
        Section 8.  Whenever the commission decides to acquire any
     such tunnel or tunnels, lands, right, easements and franchises
     or interests therein by condemnation as hereinbefore provided
     and has tendered a bond or other security in sufficient sum to
     secure the owner or owners for damages and the same has been
     accepted, or, if the acceptance of said bond has been refused
     and the same had been filed in and approved by the court in
     which such condemnation proceeding is instituted, the commission
     shall have the right to immediate possession of the property
     which is the subject matter of the condemnation proceedings and
     may enter thereon in the name of the commission. If the owner,
     lessee or occupier of any of said premises shall refuse to
     remove his personal property therefrom or give up possession
     thereof, the commission may proceed to obtain possession in the
     manner now provided by law for the obtaining possession by the
     Secretary of Highways of occupied structures.
        Section 9.  The commission is hereby authorized to provide by
     resolution at one time or from time to time for the issuance of
     parkway revenue bonds of the Commonwealth for the purpose of
     paying the cost as hereinabove defined of the parkway, which
     resolution shall recite an estimate of such cost. The principal
     and interest of such bonds shall be payable solely from the
     special fund herein provided for such payment. The bonds shall
     be dated, shall bear interest at such rate or rates, not
     exceeding six per centum per annum, payable semi-annually, shall
     mature at such time or times, not exceeding forty years from
     their date or dates, as may be determined by the commission and
     may be made redeemable before maturity at the option of the
     commission at such price or prices and under such terms and
     conditions as may be fixed by the commission prior to the
     issuance of the bonds: Provided, however, That the amount of
     premium on any bonds shall not cause the yield to be more than
     six per centum per annum from the date of such bonds to the date
     of their redemption. The bonds may be issued in series with
     varying provisions as to rates of interest, maturity and other
     provisions not inconsistent with this act, but all bonds of
     whatever series shall share ratably in the tolls hereinafter
     pledged as security therefor. The principal and interest of such
     bonds may be made payable in any lawful medium. The commission
     shall determine the form of the bonds, including any interest
     coupons to be attached thereto, and shall fix the denomination
     or denominations of the bonds and the place or places of payment
     of principal and interest thereof, which may be at any bank or
     trust company within or without the Commonwealth. The bonds
     shall be signed by the Governor and by the chairman of the
     commission, and the official seal of the commission shall be
     affixed thereto and attested by the secretary and treasurer of
     the commission, and any coupons attached thereto shall bear the
     facsimile signature of the chairman of the commission. In case
     any officer whose signature shall appear on any bonds or coupons
     shall cease to be such officer before the delivery of such
     bonds, such signature shall nevertheless be valid and sufficient
     for all purposes the same as if he had remained in office until
     such delivery. All parkway revenue bonds issued under the
     provisions of this act shall have and are hereby declared to
     have all the qualities and incidents of negotiable instruments
     under the negotiable instruments law of the Commonwealth. The
     bonds may be issued in coupon or in registered form, or both, as
     the commission may determine, and provision may be made for the
     registration of any coupon bond as to principal alone and also
     as to both principal and interest, and registered and coupon
     bonds shall be interchangeable. The commission may sell such
     bonds in such manner and for such price as it may determine to
     be for the best interests of the Commonwealth, but no such sale
     shall be made at a price so low as to require the payment of
     interest on the money received therefor at more than six per
     centum per annum computed with relation to the absolute maturity
     of the bonds in accordance with standard tables of bond values.
     The proceeds of such bonds shall be used solely for the payment
     of the cost of the parkway and shall be disbursed upon
     requisition of the chairman of the commission under such
     restrictions, if any, as the resolution authorizing the issuance
     of the bonds or the trust indenture hereinafter mentioned may
     provide. If the proceeds of such bonds, by error of calculation
     or otherwise, shall be less than the cost of the parkway,
     additional bonds may in like manner be issued to provide the
     amount of such deficit, and, unless otherwise provided in the
     resolution authorizing the issuance of the bonds or in the trust
     indenture, shall be deemed to be of the same issue and shall be
     entitled to payment from the same fund without preference or
     priority of the bonds first issued. If the proceeds of the bonds
     shall exceed the cost of the parkway, the surplus shall be paid
     into the fund hereinafter provided for the payment of principal
     and interest of such bonds. Prior to the preparation of
     definitive bonds the commission may, under like restrictions,
     issue temporary bonds, with or without coupons, exchangeable for
     definitive bonds upon the issuance of the latter. The commission
     may also provide for the replacement of any bond which shall
     become mutilated or be destroyed or lost. Such parkway revenue
     bonds may be issued without any other proceedings or the
     happening of any other conditions or things than those
     proceedings, conditions and things which are specified and
     required by this act.
        Such bonds are hereby made securities in which all State and
     municipal officers and administrative departments, boards and
     commissions of the Commonwealth, all banks, bankers, savings
     banks, trust companies, saving and loan associations, investment
     companies and other persons carrying on a banking business, all
     insurance companies, insurance associations and other persons
     carrying on an insurance business and all administrators,
     executors, guardians, trustees and other fiduciaries and all
     other persons whatsoever who now or may hereafter be authorized
     to invest in bonds or other obligations of the Commonwealth may
     properly and legally invest any funds, including capital
     belonging to them or within their control, and said bonds or
     other securities or obligations are hereby made securities which
     may properly and legally be deposited with and received by any
     State or municipal officers or agency of the Commonwealth for
     any purpose for which the deposit of bonds or other obligations
     of the Commonwealth is now or may hereafter be authorized by
     law.
        Section 10.  All moneys received from any bonds issued
     pursuant to this act shall be applied solely to the payment of
     the cost of making surveys, estimates of costs and plans for the
     construction of the parkway and the cost of the parkway or to
     the appurtenant fund, and there shall be and hereby is created
     and granted a lien upon such moneys until so applied in favor of
     holders of such bonds or the trustee hereinafter provided for in
     respect of such bonds.
        (10 amended May 13, 1949, P.L.1325, No.394)
        Section 11.  In the discretion of the commission such bonds
     may be secured by a trust indenture by and between the
     commission and a corporate trustee which may be any trust
     company or bank having the powers of a trust company within or
     outside of the Commonwealth. Such trust indenture may pledge or
     assign tolls and revenue to be received, but shall not convey or
     mortgage the parkway or any part thereof. Either the resolution
     providing for the issuance of such bonds or such trust indenture
     may contain such provisions for protecting and enforcing the
     rights and remedies of the bondholders as may be reasonable and
     proper and not in violation of law, including covenants setting
     forth the duties of the commission in relation to the
     acquisition of properties and the construction, maintenance,
     operation and repair and insurance of the parkway and the
     custody, safeguarding and application of all moneys. It shall be
     lawful for any bank or trust company incorporated under the laws
     of this Commonwealth to act as depository of the proceeds of the
     bonds or revenues and to furnish such indemnity bonds or to
     pledge such securities as may be required by the commission.
     Such indenture may set forth the rights and remedies of the
     bondholders and of the trustee and may restrict the individual
     right of action of bondholders as is customary in trust
     indentures securing bonds and debentures of corporations. In
     addition to the foregoing such trust indenture may contain such
     other provisions as the commission may deem reasonable and
     proper for the security of bondholders. All expenses incurred in
     carrying out such trust indenture may be treated as part of the
     cost of maintenance, operation and repair of the parkway.
        Section 12.  The accomplishment by the commission of the
     authorized purposes stated in this act being for the benefit of
     the people of the Commonwealth and for the improvement of their
     commerce and prosperity, in which accomplishment the commission
     will be performing essential governmental functions, the
     commission shall not be required to pay any taxes or assessments
     on any property acquired or used by it for the purposes provided
     in this act, and the bonds or other securities and obligations
     issued by the commission, their transfer and the income
     therefrom, including any profits made on the sale thereof, shall
     at all times be free from taxation within the Commonwealth.
        Section 13.  The parkway when completed and opened to traffic
     shall be maintained and repaired by and under the control of the
     commission, through the Department of Highways of the
     Commonwealth, and all charges and costs for such maintenance and
     repairs actually expended by said Department of Highways shall
     be paid to it by the commission, upon certification thereof, out
     of tolls. Such parkway shall also be policed and operated by
     such force of police, toll-takers and other operating employes
     as the commission may in its discretion employ.
        The commission is hereby authorized to (a) fix and to revise
     from time to time tolls for the use of the parkway and the
     different parts or sections thereof and to charge and collect
     the same, except that no toll shall be collected from officers
     of the Departments of Forests and Waters, Game and Fish, or
     Highways, operating vehicles thereon, when on official business
     of the Commonwealth and (b) contract with any person,
     partnership, association or corporation desiring the use of any
     part thereof, including the right of way adjoining the paved
     portion for placing thereon telephone, telegraph, electric light
     or power lines, gas stations, garages, stores, hotels,
     restaurants and advertising signs or for any other purpose,
     except for tracts for railroad or railway use, and to fix the
     terms, conditions, rents and rates of charges for such use. Such
     tolls shall be so fixed and adjusted as to provide a fund at
     least sufficient with other revenues of the parkway, if any, to
     pay (a) the cost of maintaining, repairing and operating the
     parkway and (b) the bonds and the interest thereon and all
     sinking fund requirements and other requirements provided by the
     resolution authorizing the issuance of the bonds or by the trust
     indenture as the same shall become due. Such tolls shall not be
     subject to supervision or regulation by any other State
     commission, board, bureau or agency. The tolls and all other
     revenues derived from the parkway, except such part thereof as
     may be required to pay the cost of maintenance, repairing and
     operating the parkway and to provide such reserves therefor as
     may be provided for in the resolution authorizing the issuance
     of the bonds or in the trust indenture, shall be set aside at
     such regular intervals as may be provided in such resolution or
     such trust indenture in a sinking fund which is hereby pledged
     to and charged with the payment of (1) the interest upon such
     bonds as such interest shall fall due, (2) the principal of the
     bonds as the same shall fall due, (3) the necessary fiscal
     agency charges for paying principal and interest, and (4) any
     premium upon bonds retired by call or purchase as herein
     provided. The use and disposition of such sinking fund shall be
     subject to such regulations as may be provided in the resolution
     authorizing the issuance of bonds or in the trust indenture,
     but, except as may otherwise be provided in such resolution or
     trust indenture, such sinking fund shall be a fund for the
     benefit of all bonds issued hereunder without distinction or
     priority of one over another. Subject to the provisions of the
     resolutions authorizing the issuance of bonds or of the trust
     indenture, any moneys in such sinking fund in excess of an
     amount equal to one year's interest on all bonds then
     outstanding may be applied to the purchase or redemption of
     bonds. All bonds so purchased or redeemed shall forthwith be
     cancelled and shall not again be issued.
        Section 14.  The commission is hereby authorized to provide
     by resolution for the issuance of parkway revenue refunding
     bonds of the Commonwealth for the purpose of refunding any
     parkway revenue bonds issued under the provisions of this act
     and then outstanding. The issuance of such parkway revenue
     refunding bonds, the maturities and other details thereof, the
     rights of the holders thereof and the duties of the Commonwealth
     and of the commission in respect to the same shall be governed
     by the foregoing provisions of this act in so far as the same
     may be applicable and by the following provisions:
        (a)  No parkway revenue refunding bonds shall be delivered
     unless delivered in exchange for parkway revenue bonds to be
     refunded thereby, except in the amount necessary to provide for
     the payment of matured or redeemable parkway revenue bonds or
     parkway revenue bonds maturing or redeemable within three
     months, including any redemption premium thereon;
        (b)  No parkway revenue refunding bonds shall be issued
     unless issued to refund parkway revenue bonds which have matured
     or will mature within three months or unless the interest rate
     of the parkway revenue refunding bonds shall be at least one-
     fourth of one per centum less than the interest rate borne by
     the parkway revenue bonds to be refunded.
        Section 15.  Any holder of bonds issued under the provisions
     of this act or any of the coupons attached thereto and the
     trustee under the trust indenture, if any, except to the extent
     the rights herein given may be restricted by resolution passed
     before the issuance of the bonds or by the trust indenture, may
     either at law or in equity by suit, action, mandamus or other
     proceedings protect and enforce any and all rights granted
     hereunder or under such resolution or trust indenture and may
     enforce and compel performance of all duties required by this
     act or by such resolution or trust indenture to be performed by
     the commission or any officer thereof, including the fixing,
     charging and collecting of tolls for the use of the parkway.
        Section 16.  When all bonds and the interest thereon shall
     have been paid or a sufficient amount for the payment of all
     bonds and the interest to maturity thereon shall have been set
     aside in trust for the benefit of the bondholders and shall
     continue to be held for that purpose, the parkway and the
     connecting tunnels and bridges shall become a part of the system
     of State highways and shall be maintained by the Department of
     Highways free of tolls, and thereupon the commission shall be
     dissolved, and all funds of the commission not required for the
     payment of the bonds and all machinery, equipment and other
     property belonging to the commission shall be vested in the
     Department of Highways.
        Section 17.  The foregoing sections of this act shall be
     deemed to provide an additional and alternative method for the
     doing of the things authorized thereby and shall be regarded as
     supplemental and additional to powers conferred by other laws
     and shall not be regarded as in derogation of any powers now
     existing. Such sections being necessary for the welfare of the
     Commonwealth and its inhabitants shall be liberally construed to
     effect the purposes thereof.
        Section 18.  (18 repealed May 13, 1949, P.L.1325, No.394)
        Section 19.  This act shall become effective immediately upon
     final enactment.

Setzen Sie Ihre Recherche in ChatGPT oder Claude fort

Verbinden Sie Omnilex, um den Rechtskorpus über Ihren KI-Assistenten zu durchsuchen.