Pennsylvania Act 1929-407 — HIGHWAYS, CONSTRUCTION AND IMPROVEMENT

Act text

HIGHWAYS, CONSTRUCTION AND IMPROVEMENT
                  Act of May 1, 1929, P.L. 1052, No. 407              Cl. 36
                                  AN ACT

     Adopting a program for the completion of the improvement of the
        State highways of the Commonwealth; authorizing counties,
        boroughs, towns and townships to expend moneys, and to incur
        indebtedness; and requiring certain moneys of the Motor
        License Fund to be expended as herein provided.

        Section 1.  Be it enacted, &c., That out of the moneys in the
     Motor License Fund of the Commonwealth, available in any fiscal
     biennium for the construction and improvement of State highways,
     and bridges on State highways, such sum as shall be specified by
     the General Assembly shall hereafter be apportioned by the
     Department of Highways for expenditure in the several counties
     of this Commonwealth, in the ratio that the unimproved mileage
     of State highways in any county bears to the total unimproved
     mileage of State highways in the Commonwealth; but the amount to
     be allocated for expenditure in any county shall not be more
     than six hundred thousand dollars ($600,000), or less than two
     hundred thousand dollars ($200,000), in any fiscal biennium;
     and, if the allocation above provided for allows to any county
     an amount in excess of the maximum herein permitted, then the
     amount representing the excess over the maximum shall be
     deducted in each such case, and shall be credited to the
     counties which, by the aforesaid allocation, would receive less
     than the minimum allotment, but only to the extent necessary to
     give each of such counties the minimum allotment of two hundred
     thousand dollars ($200,000). If after such deductions from the
     allotments exceeding the maximum, and credits to the counties
     below the minimum, any moneys remain unallocated, the same shall
     again be reallocated to the several counties (excepting those
     having a maximum allotment) on the ratio of unimproved mileage
     as first provided in this section.
        The moneys thus available for expenditure in any county shall
     be expended by the Department of Highways for State highway and
     bridge construction and improvement in boroughs, towns and
     townships, on any State highway, whether the same be designated
     as a primary State highway or secondary State highway, without
     any assistance whatsoever from the county or any borough, town
     or township, any law to the contrary notwithstanding.
        Section 2.  Any county, borough, town or township shall have
     power to enter into contracts with the Department of Highways,
     and therein to agree to contribute moneys to the department for
     the construction and improvement of mileage, additional to that
     which can be improved in such county from Commonwealth moneys,
     and, for such purpose, any county, borough, town or township may
     incur or increase its indebtedness within the limits permitted
     by the Constitution of the Commonwealth.
        Section 3.  Before letting contracts for the construction and
     improvement of State highways and bridges in any county, the
     Department of Highways shall consult the county commissioners,
     and ascertain their preference as to the State highways and
     bridges, or sections of State highways, which are to be
     constructed and improved by the use of the moneys allocated for
     expenditure in such county as in this act provided; and the
     county commissioners shall indicate, prior to June first of each
     year, their first, second and third choices; and the Department
     of Highways may select the State highways, bridges, or sections
     of State highways to be improved in such county from such
     choices, or, in its discretion, may select other State highways,
     bridges, or sections in such county for improvement: Provided,
     That where the Department of Highways has issued or is about to
     issue authorizations for work to be performed by department
     forces, or has heretofore prepared plans and was about to let
     contracts for the improvement of any State highway, or section
     thereof, in any county, the department may proceed with such
     improvement, but no such improvement requiring moneys in excess
     of the amount allocated to the county shall be made from moneys
     allocated to other counties under the provisions of this act.
        Section 4.  No portion of the moneys specifically required in
     any fiscal biennium to be used for the construction and
     improvement of State highways and bridges under the provisions
     of this act shall be used for reconstruction, resurfacing,
     widening, or maintenance of State highways heretofore or
     hereafter improved, but shall be devoted entirely to new
     construction.