Pennsylvania Act 1937-211 — PENNSYLVANIA TURNPIKE COMMISSION ACT

Act text

PENNSYLVANIA TURNPIKE COMMISSION ACT
                  Act of May 21, 1937, P.L. 774, No. 211              Cl. 36
                                  AN ACT

     To facilitate vehicular traffic between the eastern and western
        sections of the Commonwealth by providing for the
        construction, operation and maintenance of a turnpike from a
        point at or near Middlesex in Cumberland County to a point at
        or near Irwin in Westmoreland County; providing for the
        creation of the Pennsylvania Turnpike Commission, and
        conferring powers and imposing duties on said commission;
        authorizing the issuance of turnpike revenue bonds of the
        Commonwealth, payable solely from tolls, 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 and for the cost of
        maintenance, operation and repair of the turnpike; making
        such bonds exempt from taxation; constituting such bonds
        legal investments in certain instances; prescribing
        conditions upon which such turnpike shall become free;
        providing for 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.

        Compiler's Note:  Section 21(b) of Act 61 of 1985 provided
            that Act 211 is repealed insofar as it is inconsistent
            with Act 61.
        Section 1.  Be it enacted, &c., That, in order to facilitate
     vehicular traffic between the eastern and western sections of
     the Commonwealth, the Pennsylvania Turnpike Commission
     hereinafter created is hereby authorized and empowered to
     construct, operate and maintain a turnpike at such location as
     shall be approved by the Department of Highways, from a point at
     or near Middlesex in Cumberland County to a point at or near
     Irwin in Westmoreland County, together with connecting tunnels
     and bridges, and to issue turnpike revenue bonds of the
     Commonwealth, payable solely from tolls, to pay the costs of
     such construction.
        Section 2.  That turnpike 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 turnpike 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.
        Section 3.  That the following words and terms shall have the
     following meanings:
        (a)  The word "Commission" shall mean the Pennsylvania
     Turnpike 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 words "the turnpike" shall mean the turnpike to be
     constructed, as hereinafter provided, from a point at or near
     Middlesex in Cumberland County to a point at or near Irwin in
     Westmoreland County, and shall be deemed to include not only the
     turnpike and all 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 tunnels and
     bridges; the cost of all lands, properties rights, easements and
     franchises acquired which are deemed necessary 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 expense; and
     such other expenses as may be necessary or incident to the
     financing herein authorized; the construction of the turnpike
     and connecting 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 heretofore
     or hereafter incurred by the Department of Highways of the
     Commonwealth for traffic surveys, preparation of plans and
     specifications, supervision of construction and other
     engineering services performed by the department and its agents
     and employees in connection with the construction of the
     turnpike or any of the connecting tunnels and bridges, shall be
     regarded as a part of the cost of the turnpike, and shall be
     reimbursed to the Department of Highways out of the proceeds of
     the turnpike revenue bonds hereinafter authorized.
        Section 4.  That there is hereby created a commission to be
     known as the "Pennsylvania Turnpike 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 turnpike shall be deemed and held to be an
     essential governmental function of the Commonwealth. The
     commission shall consist of five members, and the Secretary of
     Transportation shall be a member ex officio. The Secretary of
     Transportation may authorize the Deputy Secretary for Highway
     Administration to act in his place, including the power to vote
     on any issue. The four 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 four, six,
     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. Three
     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 turnpike revenue bonds
     under the provisions of this act, each appointed member of the
     commission shall execute a bond in the penalty of $25,000, and
     the secretary and treasurer shall execute a bond in the penalty
     of $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 turnpike and
     connecting tunnels and bridges shall be approved by the
     Department of Transportation, and the turnpike and connecting
     tunnels and bridges shall be constructed under the supervision
     of the Department of Transportation. Each appointed member of
     the commission shall receive an annual salary as shall be
     provided by law 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.
        (4 amended July 3, 1974, P.L.444, No.154)
        Section 5.  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 turnpike, 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 5.1.  The commission, at its option, may authorize
     the Department of Property and Supplies to prescribe standards
     and specifications and make contracts and purchases of various
     materials and services for the commission, pursuant to the
     provisions of sections 2403, 2403.1 and 2409 of the act of April
     9, 1929 (P.L. 177), known as "The Administrative Code of 1929."
        (5.1 added June 27, 1968, P.L.274, No.130)
        Section 5.2.  (a)  The commission, in consultation with the
     Department of Health, shall establish a panel whose composition
     and size shall be determined by the commission.
        (b)  The panel shall review and monitor ambulance service
     available to travelers of the turnpike and advise the commission
     as to the following objectives:
        (1)  Achieving the capability of approximately ten-minute
     maximum response time by ambulance service to every location on
     the turnpike under ordinary driving conditions.
        (2)  Assuring that every ambulance responding to an emergency
     incident on the turnpike is staffed by at least one emergency
     medical technician.
        (3)  Assuring that every ambulance responding to an emergency
     incident on the turnpike complies with Federal Specification No.
     KKK-A-1822 as amended and updated.
        (4)  Assuring that every ambulance responding to an emergency
     incident on the turnpike carries the minimum essential equipment
     for ambulances recommended by the American College of Surgeons,
     Department of Transportation and Department of Health and light
     rescue extrication equipment recommended by the Department of
     Health.
        (c)  The panel may accomplish the objectives set forth in
     subsection (b) by reviewing the ambulance services provided by
     the commission, or that available from professional and
     volunteer service in areas adjacent to the turnpike.
        (d)  The panel may establish reasonable trial periods to
     evaluate and compare potential services in particular areas of
     the turnpike. The panel may implement off-pike services to
     completely replace existing commission services, as such off-
     pike services, in the panel's determination, meet the above
     objectives: Provided, however, That the panel shall not
     terminate existing commission services on any section of the
     turnpike unless it has entered an agreement pursuant to which
     ambulance services will be provided in that section by a
     professional or volunteer service or services in the area
     adjacent to the turnpike.
        (e)  The panel may remain convened to evaluate the changing
     availability and quality of service.
        (5.2 added Dec. 16, 1981, P.L.427, No.133)
        Section 5.3.  Emergency vehicles while on an emergency call
     and while displaying audible and visual signals as required by
     75 Pa.C.S. § 4571 (relating to visual and audible signals on
     emergency vehicles), shall be granted immediate entrance to and
     exit from any turnpike or highway under the supervision and
     control of the commission, and no such emergency vehicle shall
     be required to stop at a toll booth or for any other reason
     except on order of a member of the Pennsylvania State Police for
     a legitimate law enforcement function. The commission shall
     notify all employes of the commission who are assigned duties of
     toll booths of the provisions of this section.
        (5.3 added Dec. 16, 1981, P.L.427, No.133)
        Section 6.  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 turnpike 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.
        (6 repealed in part June 3, 1971, P.L.118, No.6)
        Section 7.  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 has 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 8.  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 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 bear the facsimile signatures of
     the Governor and of the chairman of the commission, and a
     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 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 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 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 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.
        Anything in this act to the contrary, notwithstanding 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 not only for the purpose of paying the
     cost, as hereinbefore defined, of the turnpike, but for any
     other purpose, including during the existing war emergency, the
     payment of interest and sinking fund requirements on any bonds
     issued under the provisions of this act: Provided, however, That
     if any bonds are at any time outstanding under any trust
     indenture, no additional bonds, as herein provided, shall be
     issued unless such additional bonds are issued in accordance
     with the provisions of such trust indenture, or of any amendment
     or supplement to such trust indenture, made in accordance with
     the terms thereof. The commission is further authorized to sell
     such bonds in such manner and for such price as is hereinbefore
     authorized, and the proceeds of such bonds shall be used solely
     for the purpose for which such bonds are authorized, 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 such trust indenture may provide.
     All bonds so issued and the rights of the holders thereof, shall
     otherwise in every respect be governed by the provisions of 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.
        (8 amended Feb. 26, 1947, P.L.17, No.3)
        Section 9.  All moneys received from any bonds issued
     pursuant to this act shall be applied solely to the purpose for
     which such bonds are issued, as provided in the resolution
     authorizing the issuance thereof, 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.
        (9 amended May 24, 1945, P.L.972, No.381)
        Section 10.  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 turnpike 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 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 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 a part of
     the cost of maintenance operation and repair of the turnpike.
        Section 11.  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 12.  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, toll-takers and other operating
     employes as the commission may in its discretion employ.
        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 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 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 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 13.  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 issued under the provisions of this act
     and then outstanding, either by voluntary exchange with the
     holders of such outstanding bonds, or to provide funds to redeem
     and retire such outstanding bonds with accrued interest, and any
     premium payable thereon at maturity, or at any call date. 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: Provided, however, That no turnpike revenue
     refunding bonds shall be issued and delivered under the
     provisions of this section, unless the bonds to be refunded
     thereby shall mature within three months or unless the interest
     rate of the turnpike revenue refunding bonds shall be at least
     one-fourth of one per centum less than the interest rate borne
     by the turnpike revenue bonds to be refunded.
        (13 amended May 24, 1945, P.L.972, No.381)
        Section 14.  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 turnpike.
        Section 15.  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 turnpike 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 16.  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 17.  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.