Pennsylvania Act 1919-338 — DELAWARE RIVER BRIDGE, ERECTION PROVIDED FOR

Act text

DELAWARE RIVER BRIDGE, ERECTION PROVIDED FOR
                  Act of Jul. 9, 1919, P.L. 814, No. 338              Cl. 36
                                  AN ACT

     Providing for the erection and construction by the Commonwealth
        of Pennsylvania and the State of New Jersey of a bridge over
        the Delaware River, connecting the city of Philadelphia and
        the city of Camden, and the approaches thereto; providing for
        a joint commission for that purpose, and defining its powers
        and duties; providing for an independent commission in this
        Commonwealth in relation thereto, and defining its powers and
        duties; providing for the payment of a part of the cost
        thereof by the city of Philadelphia; and providing for the
        acquiring, approaches thereof; providing for the turning over
        of said bridge upon its completion; and making an
        appropriation for the purposes of this act.

        Whereas, The State of New Jersey has expressed a willingness
     to join the Commonwealth of Pennsylvania in the construction of
     a bridge over the Delaware River between Philadelphia and Camden
     for the development of the trade and relations between the two
     States,
        Section 1.  Be it enacted, &c., That the Commonwealth of
     Pennsylvania agrees to join therein on condition that the city
     of Philadelphia will bear one-half of the cost of the land and
     approaches on the Pennsylvania side and share equally with the
     Commonwealth of Pennsylvania in the one-half cost of the
     superstructure of said bridge, it being the intention of this
     act that the Commonwealth of Pennsylvania and the city of
     Philadelphia shall contribute as their share of said bridge the
     cost of the land and approaches on the Pennsylvania side and
     one-half of the cost of the superstructure of the bridge.
        Section 2.  The word "bridge," whenever used in this act,
     shall include the actual bridge between the shore lines of the
     river and the approaches thereto, including the substructures
     and superstructures of both. The word "approaches," whenever
     used in this act, shall be construed to mean all that portion of
     the bridge extending from the beginning of the approach to the
     furthermost abutment of the bridge on the same side of the
     river, but not to include such abutment. The word
     "superstructure," whenever used in this act, shall be construed
     to mean all that portion of the bridge between the approaches.
     The term "substructure," whenever used in this act, shall
     include all that portion of the bridge not included within the
     meaning of the definition of superstructure or the approaches,
     and shall include the piers and abutments. The term "cost of
     construction," as used in this act, shall include the cost of
     constructing the superstructure and substructure of the bridge
     and the approaches thereto, and the cost of acquisition of the
     ground for the site of said bridge and the approaches thereto,
     including any franchises, easement, rights, or damages incident
     thereto or consequent upon the taking thereof. The "Pennsylvania
     Commission," as used in this act, shall be construed to mean the
     Governor, the Auditor General, and the State Treasurer of the
     Commonwealth of Pennsylvania, the Mayor of the city of
     Philadelphia, and four other citizens of the Commonwealth, to be
     appointed by the Governor. The term "inter-state bridge
     commission," as used in this act, shall be construed to mean the
     New Jersey Inter-state Bridge and Tunnel Commission. The "joint
     commission," as referred to in this act, shall mean the New
     Jersey Inter-state Bridge and Tunnel Commission and the
     Pennsylvania Commission, acting as a joint commission for and on
     behalf of the Commonwealth of Pennsylvania and the State of New
     Jersey. The term "owner," as used in this act, shall be
     construed to mean all individuals, incorporated companies, and
     religious, benevolent, literary, or other societies or
     associations, having any title or interest in lands, structures,
     rights of way, franchises, easements, or other interests in
     lands.
        (2 amended May 6, 1925, P.L.538, No.288)
        Section 3.  That the Governor, the Auditor General, and the
     State Treasurer of the Commonwealth of Pennsylvania, the Mayor
     of the city of Philadelphia, and four other citizens of the
     Commonwealth, to be appointed by the Governor, are hereby
     constituted a commission to act in conjunction with a similar
     commission of the State of New Jersey as a joint commission for
     the purpose of constructing a bridge over the Delaware River
     connecting the city of Philadelphia, in the State of
     Pennsylvania, and the city of Camden, in the State of New
     Jersey. No action of the said joint commission shall be valid
     and binding unless a majority of the Pennsylvania Commission and
     a majority of the New Jersey Commission shall vote in favor
     thereof.
        (3 amended May 6, 1925, P.L.538, No.288)
        Section 4.  That the said joint commission is hereby
     authorized and empowered, and it shall be its duty, to have
     prepared the necessary and proper plans and specifications for
     the construction of the bridge, to select the location for the
     same, determine the size, type, and method of construction
     thereof, to plan and fix its boundaries and approaches, to make
     all necessary estimates of the probable cost of its construction
     and the acquisition of the ground for its site and approaches,
     to proceed to acquire the ground for the sites of the abutments
     and the approaches to the bridge in the manner hereinafter
     provided, to enter into the necessary contracts to build and
     equip the entire bridge and the approaches thereto, to build the
     substructure and superstructure thereof, to obtain such consent
     as may be necessary of the Government of the United States and
     the approval of the Secretary of War, and to cause a survey and
     map to be made of all lands, structures, rights of way,
     franchises, easements, or other interests in lands lying within
     the Commonwealth, including lands under water and riparian
     rights, owned by any person, corporation or municipality, the
     acquisition of which may be deemed necessary for the
     construction of such bridge, and to cause such map and survey to
     be filed in its office. The members of said joint commission, or
     the members of the Pennsylvania commission acting independently,
     its or their agents and employes, may enter upon such lands,
     structures, and lands under water, notwithstanding any interests
     in such lands or other interests, for the purpose of making such
     survey and map. There shall be annexed to the survey and map a
     certificate issued by the joint commission stating what lands,
     structures, lands under water, and other interests described in
     such survey and map are necessary for the construction of said
     bridge; and said joint commission is hereby authorized and
     empowered, and it shall be its duty, to do and perform all acts
     and things whatsoever necessary for the carrying out of the
     provisions of this act: Provided, however, That the said joint
     commission shall not proceed to exercise or carry out any
     authority or power herein or hereby given it to bind the
     Commonwealth of Pennsylvania beyond the extent to which the
     Commonwealth of Pennsylvania shall have appropriated or made
     available to said joint commission the moneys hereinbefore
     stipulated as the share of the Commonwealth of Pennsylvania.
     Said moneys, contributed or made available by the Commonwealth
     of Pennsylvania, shall be disbursed to said joint commission by
     the State Treasurer, on warrants to be drawn by the joint
     commission on the Auditor General of the Commonwealth and
     payable on vouchers submitted to him by the joint commission:
     Provided further, That the said joint commission shall not
     proceed to exercise or carry out any authority or power herein
     or hereby given until the State of New Jersey by appropriate
     legislation shall first have vested like powers herewith in said
     joint commission, and beyond the extent to which the State of
     New Jersey shall have appropriated or made available to the said
     joint commission the moneys hereinbefore stipulated as the share
     of that State for providing the cost of acquiring the land for
     the approaches to and for the erection and construction of the
     approaches and the superstructure of said bridge; said moneys,
     appropriated or made available by said State, to be payable to
     said joint commission upon warrants drawn by said joint
     commission when duly signed by the proper fiscal officer of the
     State of New Jersey: And provided further, That said joint
     commission shall not proceed to exercise or carry out any
     authority or power herein or hereby given it beyond the extent
     to which the city of Philadelphia shall have appropriated or
     made available to said joint commission the moneys hereinbefore
     stipulated as the share of the city of Philadelphia in providing
     the cost of acquiring land for the approaches to and the
     erection and construction of the approaches and the
     superstructure of said bridge; said moneys to be disbursed on
     warrants drawn by the said joint commission on the city treasury
     of the city of Philadelphia, countersigned by the city
     controller, and payable by the city treasurer to said joint
     commission on vouchers duly submitted to him by the joint
     commission; and it shall thereupon be the duty of the city
     treasurer of the city of Philadelphia to pay said warrants.
        All moneys expended or appropriated to be expended for the
     purposes of this act shall be used and expended under the
     supervision of said joint commission, and no contracts or
     agreements with any contractor or contractors for the
     construction of such bridge exceeding in amount the sum of two
     thousand dollars ($2,000.00) shall be made without advertisement
     for bids for such time and in such manner as shall be determined
     by said joint commission.
        Section 5.  For the purpose of carrying into effect the
     provisions of this act, the joint commission is hereby
     authorized to purchase in the Commonwealth of Pennsylvania such
     lands, structures, rights of way, franchises, easements, or
     other interests in lands, including lands under water and
     riparian rights, of any person, railroad, or other public or
     private corporations or municipality, necessary for the building
     of said bridge and the approaches thereto, upon such terms,
     prices, or considerations as may be considered by it to be
     reasonable and can be agreed upon between it and the owner or
     owners. But if for any reason the said joint commission does not
     agree with the owner or owners of said lands or interests upon
     the price or consideration therefor and receive a proper
     conveyance or proper conveyances thereof, the said joint
     commission, having given to the owner or owners and the person
     or persons in possession thereof at least sixty days notice of
     its intention so to do, shall enter upon and take possession of
     said lands and interests in the name of the Commonwealth of
     Pennsylvania. Said joint commission is hereby authorized to
     accept on behalf of the Commonwealth of Pennsylvania any gifts
     of lands, rights or interests in lands, or other interests,
     contiguous or adjacent to said bridge in the Commonwealth of
     Pennsylvania or in the State of New Jersey, for the purpose of
     building the same. Such joint commission shall also have the
     power to alter or change the grade of any highway or public
     street when necessary for the purpose of carrying out the plans
     by it adopted. If it shall become necessary to change the
     location or gradient of any waterway, canal, railroad, or street
     railway, or the appurtenances thereof, the person or corporation
     owning and operating the same shall be required to so relocate
     and change the same so far as needful, and, if possible, to
     agree with said joint commission upon the details thereof; the
     costs thereof to be paid by said joint commission as part of the
     expense of said work.
        Section 6.  (6 repealed June 3, 1971, P.L.118, No.6)
        Section 7.  Whenever any liens exist upon any estate or
     interests conveyed or acquired under the provisions of this act,
     the same shall be paid and satisfied out of the purchase money
     or damages, and in case said purchase money or damages shall be
     insufficient to pay said liens or any dispute shall arise as to
     the validity of any such liens or the amount due thereon, the
     joint commission or the Pennsylvania commission, as the case may
     be, may present a petition to the court of common pleas of
     Philadelphia County, setting forth the facts, and, upon the
     proper order of said court, may pay the amount of such purchase
     money or damages into said court, to be distributed by said
     court among the parties entitled thereto in the same manner as
     moneys paid into court upon sheriff's sales are distributed, and
     upon such payment into court of such purchase money or damages,
     said liens shall be extinguished, and said court shall direct
     satisfaction of said liens to be entered of record.
        Section 8.  The said joint commission and the said
     Pennsylvania commission shall cause to be kept a full, fair and
     accurate record of all its or their proceedings, properly
     indexed and open to the inspection of the public. Copies of all
     records, documents, and papers, when duly certified by said
     joint commission or said Pennsylvania commission, shall be
     received in evidence in the several courts of this Commonwealth
     in all cases where the original records, documents, and papers
     would be admitted in evidence: Provided, however, That in any
     judicial controversy before any court of this Commonwealth
     either party may have the original records, documents, or papers
     produced on the service of proper process for that purpose.
        Section 9.  The said joint commission is hereby authorized
     and empowered to appoint a treasurer, who may or may not be a
     member of said joint commission, a secretary, an accountant, and
     real estate, engineering, architectural, and construction
     experts and inspectors, and such other employes, as in the
     opinion of said joint commission may be necessary, all of whom
     shall do such work in the premises as the joint commission shall
     direct; and said joint commission shall fix the respective
     compensations of the persons so appointed, which compensations
     shall be paid by the joint commission. The Attorney General of
     the Commonwealth of Pennsylvania and the Attorney General of the
     State of New Jersey are empowered to assign such attorneys and
     counsellors to the said joint commission as in their judgment
     shall be requisite and necessary, who shall be paid such
     compensation out of the funds in the hands of the joint
     commission as said commission shall solely fix.
        Compiler's Note:  Section 502 of Act 164 of 1980 provided
            that the powers and duties of the Attorney General and/or
            the Department of Justice contained in section 9 were
            transferred to the Office of General Counsel.
        Section 10.  The Pennsylvania commission is hereby authorized
     to enter into any contract or contracts with the New Jersey
     Commission, which may be deemed requisite and necessary to carry
     out the terms and provisions and intent of this act. It shall
     have the power to enter into a contract with the New Jersey
     commission for charging tolls for the use of said bridge by
     vehicles, said tolls to be at such rates as shall be agreed upon
     between the Pennsylvania Commission and the New Jersey
     Commission.
        Such agreement shall contain such provisions as to the
     Pennsylvania commission shall seem wise, but shall specifically
     provide:
        (a)  That tolls shall continue to be collected, for the use
     of the said bridge by vehicles, until such time as the State of
     New Jersey, the Commonwealth of Pennsylvania and the City of
     Philadelphia shall each have been fully reimbursed for all
     moneys expended to pay the cost of said bridge and the
     approaches thereto. For the purpose of determining the cost of
     said bridge, interest at the rate of four per cent per annum on
     the amount expended by the Commonwealth of Pennsylvania and not
     repaid to the said Commonwealth, and interest paid by the State
     of New Jersey and the City of Philadelphia, on bonds issued to
     borrow money to pay in whole or in part the respective shares of
     the said State and the said City of the cost of said bridge,
     shall be included.
        (b)  That until each of the said State of New Jersey,
     Commonwealth of Pennsylvania and City of Philadelphia shall have
     been reimbursed as hereinbefore provided, all expenses for the
     maintenance, repair and operation of said bridge shall be paid
     out of the proceeds of tolls collected under said contract.
        (c)  That from time to time the proceeds of the collection of
     tolls under said contract, in excess of the requirements for
     maintenance, repairs and operation, and also any other revenue
     derived from the operation of said bridge, including revenue
     received under leases or contracts with public service
     corporations, companies, firms or individuals for the operation
     of busses over said bridge, or the installation, maintenance,
     use and operations of railways, railroads or other
     transportation facilities, or telegraph, telephone, electric
     light or power, or other public service facilities over said
     bridge shall be distributed, one-half to the State of New
     Jersey, one-quarter to the Commonwealth of Pennsylvania and one-
     quarter to the City of Philadelphia, until such time as either
     the State of New Jersey, the Commonwealth of Pennsylvania or the
     City of Philadelphia shall have been reimbursed in full as
     hereinabove provided. Thereafter such tolls and other revenue
     shall be equally divided between the two remaining participants
     therein until one of them shall have been reimbursed in full,
     and thereafter the remaining participant shall receive all of
     such tolls and other revenue until it shall have been reimbursed
     in full.
        (d)  That as soon as the State of New Jersey, the
     Commonwealth of Pennsylvania and the City of Philadelphia shall
     have been reimbursed in full as hereinabove provided, the use of
     the said bridge shall become, and shall thereafter remain, free
     to private vehicles.
        (e)  That payments made under said contract to the
     Commonwealth of Pennsylvania shall be made into the general fund
     of the State Treasury of said Commonwealth, or into such other
     fund or funds as the General Assembly shall from time to time
     direct; and payments to the State of New Jersey and to the City
     of Philadelphia shall be made into such funds or to such persons
     as the Legislature of New Jersey and the Council of Philadelphia
     shall respectively require.
        (10 amended Feb. 18, 1926 (Ex. Sess.), P.L.10, No.2)
        Section 11.  Said bridge, upon its completion, shall be
     maintained, repaired, and operated by the Pennsylvania
     commission, acting in conjunction with such agency as may be or
     may have been authorized by the State of New Jersey to cooperate
     with the Pennsylvania commission for these purposes, until such
     time as the State of New Jersey, the Commonwealth of
     Pennsylvania, and the city of Philadelphia shall have been
     reimbursed in full as provided in section ten of this act as
     amended. Thereafter said Pennsylvania commission and such agency
     of the State of New Jersey shall make such disposition of said
     bridge as shall hereafter be provided by the laws of the
     Commonwealth of Pennsylvania and the State of New Jersey. In
     connection with the operation of said bridge, said Pennsylvania
     Commission and such agency of the State of New Jersey may enter
     into leases or contracts upon such terms as they may deem
     advisable, for the use by individuals, copartnerships or
     corporations of such parts of said bridge and the property
     appurtenant thereto as may not be required for the accommodation
     of traffic: Provided, That no such lease or contract shall be
     entered into unless it provides for the payment of reasonable
     compensation for the privileges thereby conferred. For the
     purpose of maintaining, repairing, and operating said bridge,
     said Pennsylvania commission, acting in conjunction with said
     agency authorized by the State of New Jersey, may employ such
     workmen, policemen, collectors of tolls, and other employes as
     they may deem necessary and advisable, and fix their
     compensation, and may incur such other expenses as they deem
     necessary for the proper maintenance, repair, and operation of
     said bridge. The said Pennsylvania commission, acting in
     conjunction with such agency as may be or may have been
     authorized by the State of New Jersey to cooperate with the
     Pennsylvania commission, shall have power, and authority is
     hereby conferred upon the Pennsylvania commission acting in
     conjunction as aforesaid with said agency of the State of New
     Jersey, to appoint such number of policemen as may be found
     necessary to keep in safety and preserve order upon said bridge;
     to administer to such policemen an oath or affirmation
     faithfully to perform the duties of their respective positions
     or offices; and to provide for the payment of such policemen
     from the tolls and other revenue derived from the said bridge.
     The policemen so appointed shall have power and authority to
     make arrests for crimes, misdemeanors, and offenses of any
     character committed upon said bridge, for disorder or breach of
     the peace, and for violations of any lawful regulation which may
     be or may heretofore have been adopted by the said Pennsylvania
     commission acting in conjunction with the said agency of the
     State of New Jersey. Such policemen shall be further authorized
     and empowered to make arrests for evasion or attempts to evade
     the payment of tolls which may be fixed or may have been fixed
     for passage over the said bridge. To pass over any part of said
     bridge in any vehicle for which tolls shall be collectible,
     without passing through the toll gates or paying such toll,
     shall constitute such evasion and shall subject the person so
     evading or attempting to evade such payment to arrest as
     aforesaid. Upon the apprehension or arrest of any person or
     persons for any of the foregoing reasons, the offender may be
     taken before any magistrate of the city and county of
     Philadelphia, or any proper judicial officer of the State of New
     Jersey, without respect to the portion of the bridge upon which
     such offense may have been committed or attempted or such
     offender arrested, and thereupon such magistrate of the city and
     county of Philadelphia or such judicial officer of the State of
     New Jersey shall have power and authority to punish such
     offender as hereinafter provided. The Pennsylvania commission,
     acting in conjunction with the aforesaid agency authorized by
     the State of New Jersey, shall have power to adopt such rules
     and regulations as they may deem expedient for the proper
     government of the said bridge and for the preservation of good
     order, safe traffic, and proper conduct thereon. For any
     violation of any of the foregoing provisions of this act, or of
     any rule or regulation adopted by the Pennsylvania commission in
     conjunction with the said agency of the State of New Jersey, or
     for any evasion or attempt to evade payment of tolls, the
     offender or offenders shall be subject to a fine or penalty of
     not less than ten dollars ($10) or more than twenty-five dollars
     ($25) together with costs, to be adjudged by the magistrate of
     the city and county of Philadelphia or the judicial officer of
     the State of New Jersey before whom such offender or offenders
     may be brought, and, on default of payment of such fine or
     penalty, then to imprisonment of not less than ten days or more
     than thirty days in the county prison of the county of
     Philadelphia or in . . . . . . of the State of New Jersey; and,
     upon conviction of any subsequent offense, shall be subject to a
     fine or penalty of not less than twenty-five dollars ($25) or
     more than fifty dollars ($50), together with costs, or to
     imprisonment of not less than thirty days or more than sixty
     days or both or either at the discretion of the magistrate of
     the city and county of Philadelphia or the judicial officer of
     the State of New Jersey as aforesaid: Provided, That this act
     shall not take effect until a similar, or substantially similar,
     statute shall become a law of the State of New Jersey.
        (11 amended Apr. 7, 1927, P.L.145, No.115)