Pennsylvania Act 1951-547 — PENNSYLVANIA TURNPIKE GETTYSBURG EXTENSION ACT

Act text

PENNSYLVANIA TURNPIKE GETTYSBURG EXTENSION ACT
             Act of Jan. 14, (1952) 1951, P.L. 1947, No. 547          Cl. 36
                                  AN ACT

     To facilitate vehicular traffic across the Commonwealth by
        providing for the construction, operation and maintenance of
        a turnpike from a connection with the Pennsylvania Turnpike
        System, at such point west of the Susquehanna River as the
        Pennsylvania Turnpike Commission may decide is most feasible
        and practicable, to a point on or near the boundary line
        between the Commonwealth of Pennsylvania and the State of
        Maryland, in the general vicinity of Gettysburg, and
        conferring powers and imposing duties on the Pennsylvania
        Turnpike Commission; authorizing the issuance of turnpike
        revenue bonds, notes or other obligations of the
        Commonwealth, payable solely from revenues of the Commission,
        including tolls, or from such funds as may be available to
        the Commission for that purpose, to pay the cost of such
        turnpike; 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, notes or other obligations, and for the cost of
        maintenance, operation and repair of the turnpike; making
        such turnpike bonds, notes or other obligations exempt from
        taxation; constituting the same legal investments in certain
        instances; requiring suits against the Commission to be
        brought in Dauphin County; prescribing conditions on which
        such turnpike shall become free; providing for grade
        separations, grade changes, relocations, restorations and
        vacation of public roads and State highways affected by the
        turnpike; providing for the purchasing or condemnation of
        land and procedure for determining damages in condemnation;
        granting certain powers and authority to municipal
        subdivisions and agencies of the Commonwealth to cooperate
        with the Commission; and authorizing the issuance of turnpike
        revenue refunding bonds.

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

        Section 1.  This act shall be known and may be cited as the
     "Pennsylvania Turnpike Gettysburg Extension Act."
        Section 2.  In order to facilitate vehicular traffic in the
     southeastern section of the Commonwealth, the Pennsylvania
     Turnpike Commission heretofore created by virtue of the
     provisions of the act, approved the 21st day of May, 1937
     (Pamphlet Laws 774), and the supplements and amendments thereto,
     is hereby authorized and empowered to construct, operate and
     maintain a turnpike, at such location as shall be approved by
     the Governor and the Department of Highways, from a connection
     with the Pennsylvania Turnpike System, at such point west of the
     Susquehanna River as the Pennsylvania Turnpike Commission may
     decide is most feasible and practicable and thence in a
     generally southerly direction, to a point on or near the
     boundary line between the Commonwealth of Pennsylvania and the
     State of Maryland, in the general vicinity of Gettysburg, to
     connect with present traffic facilities or other traffic
     facilities to be provided by the State of Maryland or other
     governmental agencies, together with connecting roads, tunnels
     and bridges; and further, to issue turnpike revenue bonds of the
     Commonwealth, notes or other obligations, payable solely from
     revenues of the Commission, including tolls, or from such funds
     as may be available to the Commission for that purpose, to pay
     the cost of any and all construction.
        Section 3.  The turnpike revenue bonds, notes or other
     obligations 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, notes or other
     obligations shall be payable solely from revenues of the
     Commission, including tolls, or from such funds as may be
     available to the Commission for that purpose. All such bonds,
     notes or other obligations shall contain a statement on their
     face that the Commonwealth is not obligated to pay the same or
     the interest thereon except from revenues of the Commission,
     including tolls, or from such funds as may be available to the
     Commission for that purpose, and that the faith and credit of
     the Commonwealth is not pledged to the payment of the principal
     or interest of such bonds, notes or other obligations. The
     issuance of turnpike revenue bonds, notes or other obligations
     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.
        Section 4.  The following words and terms shall have the
     following meanings:
        (a)  The word "Commission shall mean the Pennsylvania
     Turnpike Commission heretofore created by the act, approved the
     twenty-first day of May, one thousand nine hundred and thirty-
     seven (Pamphlet Laws 774), or if said Commission shall be
     abolished, any board, commission or officer succeeding to the
     principal functions thereof or upon whom the power and functions
     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 words "the turnpike" shall mean the turnpike to be
     constructed, as herein provided, from a connection with the
     Pennsylvania Turnpike System west of the Susquehanna River to a
     point on or near the boundary line between the Commonwealth of
     Pennsylvania and the State of Maryland, in the general vicinity
     of Gettysburg, and may be constructed as a whole at one time or
     in sections from time to time, as the Commission shall
     determine, and shall be deemed to include not only the turnpike
     and all connecting roads, tunnels and bridges connected
     therewith, but also all property rights, easements and
     franchises relating thereto and deemed necessary or convenient
     for the construction or the operation thereof.
        (d)  The term "cost of the turnpike" shall embrace the cost
     of constructing the turnpike and all connecting roads, tunnels
     and bridges, the cost of all lands, property rights, rights-of-
     way, easements and franchises acquired, which are deemed
     necessary or convenient for such construction, the cost of all
     machinery and equipment, financing charges, interest prior to
     and during construction and for one year after completion of
     construction, cost of traffic estimates and of engineering and
     legal expenses, plans, specifications, surveys, estimates of
     cost and of revenues, other expenses necessary or incident to
     determining the feasibility or practicability of the enterprise,
     administrative and legal expense, and such other expenses as may
     be necessary or incident to the financing herein authorized, the
     construction of the turnpike and connecting roads, tunnels and
     bridges, the placing of the same in operation, and the
     condemnation of property necessary for such construction and
     operation. Any obligation or expense contracted for by the
     Commission with the Department of Highways of the Commonwealth
     of Pennsylvania, or with the United States or any agency
     thereof, for traffic surveys, preparation of plans and
     specifications, supervision of construction, and other
     engineering, administrative and legal services and expenses in
     connection with the construction of the turnpike or any of the
     connecting roads, tunnels and bridges, shall be regarded as a
     part of the cost of the turnpike, and shall be reimbursed or
     paid out of the proceeds of the turnpike revenue bonds, notes or
     other obligations hereinafter authorized. Payment of any notes
     or other obligations shall be considered payment of the cost of
     the turnpike, provided such notes or other obligations were
     issued for such purpose.
        Section 5.  The exercise by the Commission of the powers
     conferred by this act in the construction, operation and
     maintenance of the turnpike shall be deemed and held to be an
     essential governmental function of the Commonwealth.
        Section 6.  The Commission shall have the following powers
     and duties:
        (a)  It shall maintain a principal office at such place as
     shall be designated by the Commission.
        (b)  The Commission may contract and be contracted with in
     its own name.
        (c)  The Commission may sue and be sued in its own name,
     plead and be impleaded: Provided, however, That any and all
     actions at law or in equity against the Commission shall be
     brought only in the proper courts at the County of Dauphin.
        (d)  The Commission shall have an official seal.
        (e)  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 in its judgment be necessary, and fix their compensation:
     Provided, however, That all contracts and agreements relating to
     the construction of the turnpike and connecting roads, tunnels
     and bridges shall be approved by the Department of Highways, and
     the turnpike and connecting roads, tunnels and bridges shall be
     constructed under the supervision of the Department of Highways.
        (f)  The turnpike 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 turnpike shall also be policed and operated by
     such force of police, tolltakers and other operating employes as
     the Commission may, in its discretion, employ.
        (g)  The Commission shall have authority, at its own cost, to
     provide grade separations with respect to all public roads and
     State highways intersected by the turnpike and to change and
     adjust the lines and grades thereof so as to accommodate the
     same to the design of such grade separation: Provided, however,
     That the damages incurred in changing and adjusting the lines
     and grades of such public roads and State highways shall be
     ascertained and paid by the Commission in the same manner as is
     provided for by this act in regard to the location and
     construction of the turnpike.
        (h)  If the Commission shall find it necessary to provide a
     grade separation or change the site of any portion of any State
     highway or public road, or vacate the same, it shall cause it to
     be reconstructed and restored forthwith, at the Commission's own
     proper expense, on the most favorable location and in as
     satisfactory a manner as the original road, or vacate it, as the
     case may be: Provided, That the method of acquiring the right-
     of-way and determining damages incurred in changing the location
     of or vacating such road or State highway shall be ascertained
     and paid for by the Commission in the same manner as is provided
     for by this act in regard to the location and construction of
     the turnpike. In such cases, the plan of such reconstruction and
     restoration or vacation shall be submitted to the supervisors of
     the proper township for approval, and in the event of failure of
     the supervisors to approve the plan, then it shall be submitted
     to the Department of Highways for final approval. In the case of
     State highways, the plan shall be submitted to the Department of
     Highways for its approval.
        (i)  The Commission shall also have authority to petition the
     court of quarter sessions of the county wherein is situate any
     public road or part thereof affected by the location therein of
     the turnpike, for the vacation, relocation, or supply of the
     same, or any part thereof, with the same force and effect as is
     now given by existing laws to the inhabitants of any township of
     such county, and the proceedings upon such petition, whether it
     be for the appointment of viewers or otherwise, shall be the
     same as provided by existing law for similar proceedings upon
     such petitions.
        (j)  The Commission shall otherwise have all of the powers
     and perform all of the duties prescribed by the act, approved
     the twenty-first day of May, one thousand nine hundred and
     thirty-seven (Pamphlet Laws 774), and any supplements or
     amendments thereto.
        (k)  Adequate compensation shall be made by the Commission
     out of funds provided under the authority of this act for
     damages to all public or private property taken, injured or
     destroyed in carrying out the powers granted by this act, or
     such property may be restored or repaired and placed in its
     original condition as nearly as practicable, as the Commission
     may deem it expedient in any particular case.
        Section 7.  (a)  Each member of the Commission shall be
     reimbursed for the necessary expenses incurred in the
     performance of the duties performed under the provisions of this
     act.
        (b)  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 sufficient funds shall be provided
     under the authority of this act to meet any liability or
     obligation incurred in carrying out the provisions of this act.
        (c)  Before the issuance of any turnpike revenue bonds, notes
     or other obligations 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 under the provisions of
     this act, which bonds shall be filed in the office of the
     Secretary of the Commonwealth: Provided, however, That if the
     turnpike, as defined in this act, shall be designated by the
     Commission as part of the Pennsylvania Turnpike System, as
     provided in the act, approved the fourteenth day of August, one
     thousand nine hundred and fifty-one (Act No.282), the bonds
     provided for under this section shall no longer be required, and
     if previously delivered may be cancelled.
        Section 8.  (a)  The Commission is hereby authorized and
     empowered to condemn, by resolution, any lands, interests in
     lands, property rights, rights-of-way, franchises, easements and
     other property deemed necessary or convenient for the
     construction and efficient operation of the turnpike or
     necessary in the restoration or relocation of public or private
     property damaged or destroyed, and the date of such resolution
     shall be the effective date of condemnation.
        (b)  The Commission is hereby authorized and empowered to
     acquire by purchase, whenever it shall deem such purchase
     expedient, any lands, interests in lands, property rights,
     rights-of-way, franchises, easements and other property deemed
     necessary or convenient for the construction and efficient
     operation of the turnpike or necessary in the restoration or
     relocation of public or private property damaged or destroyed,
     whether the same had theretofore been condemned or otherwise,
     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 9.  (a)  Title to any property condemned by the
     Commission shall be taken in the name of the Commission. Prior
     to physical entry upon the land, the Commission shall be under
     no obligation to accept and pay for any property condemned or
     any costs incidental to any condemnation proceedings: Provided,
     however, That 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 enter upon, accept
     and pay for the property, but neither such undertaking or
     security nor any act or obligation of the Commission shall
     impose any liability upon the Commonwealth except such as may be
     paid from the funds provided under the authority of this act.
     (Par. repealed in part June 3, 1971, P.L.118, No.6)
        The Commission, in its discretion, may vacate any portion or
     all of the land condemned either prior to or after physical
     entry upon the land or any part thereof and prior to final
     determination of damages. In such cases, the Commission shall be
     under no obligation to accept and pay for any property condemned
     and subsequently vacated: Provided, however, That in any such
     case, 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, and may require an
     undertaking or other security to secure such owners against any
     and all loss or damages occasioned to the owner from the time of
     the original condemnation to the time of the modification
     thereof, but neither such undertaking or security nor any act or
     obligation of the Commission shall impose any liability upon the
     Commonwealth except such as may be paid from the funds provided
     under the authority of this act.
        (b)  In addition to the foregoing powers, the Commission and
     its authorized agents and employes may enter upon any lands,
     waters and premises in the State for the purpose of making
     surveys, soundings, drillings and examinations, as it may deem
     necessary or convenient for the purpose of this act, and such
     entry shall not be deemed a trespass, nor shall an entry for
     such purposes be deemed an entry under any condemnation
     proceedings which may be then pending: Provided, however, That
     the Commission shall make reimbursement for any actual damages
     resulting to such lands, waters and premises as a result of such
     activities.
        (c)  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, other political subdivisions and municipalities, or
     public agencies and commissions of the Commonwealth of
     Pennsylvania 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 public roads and other real property
     already devoted to public use.
        Section 10.  Whenever the Commission has condemned any lands,
     rights, rights-of-way, easements and franchises, or interests
     therein, as hereinbefore provided, and has tendered a bond or
     other security 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 has been filed in and approved by the
     court of common pleas of the county in which the property is
     located, or, in the case of property located in two or more
     counties, then in any one of such counties, the Commission shall
     have the right to immediate possession of the property covered
     by the bond and may enter thereon in the name of the Commission.
     If the owner, lessee or occupier of any of said premises or any
     building or structure thereon 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 11.  (a)  The Commission is hereby authorized to
     provide, by resolution, at one time or from time to time, for
     the issuance of turnpike revenue bonds of the Commonwealth for
     the purpose of paying the cost, as hereinabove defined, of the
     turnpike, which resolution shall recite an estimate of such
     cost. The principal and interest of such bonds shall be payable
     solely from revenues of the Commission, including tolls, or from
     such funds as may be available to the Commission for that
     purpose. 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 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 bear the facsimile signatures of
     the Governor and of the chairman of the Commission, and the
     facsimile of the official seal of the Commission shall be
     affixed thereto, 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 or a facsimile of whose signature
     shall appear on any bonds or coupons shall cease to be such
     officer before the delivery of such bonds, such signature or
     such facsimile shall nevertheless be valid and sufficient for
     all purposes, the same as if he had remained in office until
     such delivery. All turnpike 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 interest 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 turnpike, 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 turnpike,
     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 turnpike, 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 turnpike 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 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.
        The commission is hereby authorized to borrow money from time
     to time, at an interest rate not exceeding six per centum per
     annum, to provide for preliminary or interim financing, up to
     but not exceeding the estimated total cost of the turnpike, and
     to evidence such borrowing by the issuance of turnpike revenue
     notes or other revenue obligations of the Commonwealth, and, in
     its discretion, to pledge as collateral for such notes or other
     obligations, turnpike revenue bonds issued under the provisions
     of this act, and to renew any such notes or other obligations
     from time to time, and the payment or retirement of such notes
     or other obligations shall be considered to be payment of the
     cost of such project. All such notes or other obligations shall
     be executed by the same persons in the same manner and with the
     same effect as provided herein for the execution of revenue
     bonds. All such notes or other obligations shall contain a
     statement on their face that the Commonwealth is not obligated
     to pay the same or interest thereon, except from revenues of the
     Commission, including tolls, or from such funds as may be
     available to the Commission for that purpose, and that the faith
     and credit of the Commonwealth is not pledged to the payment of
     the principal or interest of such notes or other obligations.
     The issuance of turnpike notes or other obligations 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 therefor or make any appropriation for their
     payment.
        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, may properly and legally invest any funds, including
     capital, belonging to them or within their control, in such
     notes or other obligations, or loan any such funds and accept as
     evidence of the same such notes or other obligations.
        All such notes or other obligations shall have and are hereby
     declared to have all the qualities and incidents of negotiable
     instruments under the negotiable instruments law of the
     Commonwealth.
        Section 12.  All moneys received from any bonds, notes or
     other obligations issued pursuant to this act shall be applied
     solely to the payment of the cost of the turnpike 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, notes or other obligations or the trustee
     hereinafter provided for in respect of such bonds, notes or
     other obligations.
        Section 13.  In the discretion of the Commission, such bonds,
     notes or other obligations 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 turnpike or any part
     thereof. Either the resolution providing for the issuance of
     such bonds, notes or other obligations or such trust indenture
     may contain such provisions for protecting and enforcing the
     rights and remedies of the bondholders or holders of notes or
     other obligations 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 turnpike, 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 bonds, notes or other
     obligations 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 or holders of notes or other obligations and of the
     trustee, and may restrict the individual right of action of
     bondholders or holders of notes or other obligations as is
     customary in trust indentures securing bonds, debentures of
     corporations, notes or other obligations. 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 or holders of notes or other
     obligations. All expenses incurred in carrying out such trust
     indenture may be treated as part of the cost of maintenance,
     operation and repair of the turnpike.
        Section 14.  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, notes or other 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 15.  The Commission is hereby authorized to fix, and
     to revise from time to time, tolls for the use of the turnpike
     and the different parts or sections thereof, and to charge and
     collect the same, and to 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 tracks
     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 turnpike, if any, to pay (a) the cost of
     maintaining, repairing and operating the turnpike, and (b) the
     bonds, notes or other obligations and the interest thereon, and
     all sinking fund requirements, and other requirements provided
     by the resolution authorizing the issuance of the bonds, notes
     or other obligations, 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
     turnpike, except such part thereof as may be required to pay the
     cost of maintaining, repairing and operating the turnpike and to
     provide such reserves therefor as may be provided for in the
     resolution authorizing the issuance of the bonds, notes or other
     obligations, 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, notes or other obligations, as such interest shall fall
     due, (2) the principal of the bonds, notes or other obligations,
     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, notes or other obligations,
     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, notes or
     other obligations issued hereunder, without distinction or
     priority of one over another. Subject to the provisions of the
     resolutions authorizing the issuance of bonds, notes or other
     obligations, 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, notes or other obligations then outstanding may be
     applied to the purchase or redemption of bonds, notes or other
     obligations. All bonds, notes or other obligations so purchased
     or redeemed shall forthwith be cancelled and shall not again be
     issued.
        Section 16.  The Commission is hereby authorized to provide,
     by resolution, for the issuance of turnpike revenue refunding
     bonds of the Commonwealth for the purpose of refunding any
     turnpike revenue bonds, notes or other obligations issued under
     the provisions of this act and then outstanding. The issuance of
     such turnpike 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.
        Section 17.  Any holder of bonds, notes or other obligations
     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, notes or other obligations, 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
     turnpike.
        Section 18.  When all bonds, notes or other obligations and
     the interest thereon shall have been paid, or sufficient amount
     for the payment of all bonds, notes or other obligations and the
     interest to maturity thereon shall have been set aside in trust
     for the benefit of the holders of such bonds, notes or other
     obligations and shall continue to be held for that purpose, the
     turnpike and the connecting roads, 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, notes
     or other obligations, and all machinery, equipment and other
     property belonging to the Commission, shall be vested in the
     Department of Highways.
        Section 19.  The foregoing sections of this act shall be
     deemed to provide an additional and alternative method for the
     doing of 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 20.  The provisions of this act are severable, and if
     any of its provisions shall be held unconstitutional by any
     court of competent jurisdiction, the decision of such court
     shall not affect or impair any of the remaining provisions. It
     is hereby declared to be the legislative intent that this act
     would have been adopted had such unconstitutional provisions not
     been included therein.
        Section 21.  All acts and parts of acts inconsistent with
     this act are hereby repealed.
        Section 22.  This act shall become effective immediately upon
     its final enactment.