Pennsylvania Act 1940-11 (session 1) — "PENNSYLVANIA TURNPIKE PHILADELPHIA EXTENSION ACT" (1941 P.L.)

Act text

"PENNSYLVANIA TURNPIKE PHILADELPHIA EXTENSION ACT" (1941 P.L.)
         Act of May 16, 1940, Special Session 1, P.L. 949, No. 11     Cl. 36
                      Special Session No. 1 of 1940
                               No. 1940-11

                                  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
        the City of Philadelphia and conferring powers and imposing
        duties on the Pennsylvania Turnpike 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 turnpike bonds exempt from
        taxation; constituting such bonds legal investments in
        certain instances; requiring suits against the commission to
        be brought in Dauphin County; prescribing conditions upon
        which such turnpike shall become free; providing for grade
        separations, grade changes and relocation and restoration of
        public roads and State highways affected by the turnpike;
        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.

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

        Section 1.  Short Title.--This act shall be known and may be
     cited as the "Pennsylvania Turnpike Philadelphia Extension Act."
        Section 2.  In order to facilitate vehicular traffic between
     the eastern and western sections of the Commonwealth, the
     Pennsylvania Turnpike Commission heretofore created by virtue of
     the provisions of the act, approved the twenty-first day of May,
     1937, Pamphlet Laws, 774, 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 point at or near Middlesex in Cumberland County
     to a point at the City of Philadelphia, together with connecting
     roads, tunnels and bridges and to issue turnpike revenue bonds
     of the Commonwealth, payable solely from tolls, to pay the cost
     of such construction.
        Section 3.  The 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 4.  Definitions.--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, 1937, 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
     powers 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 hereinafter provided, from a point at or near
     Middlesex in Cumberland County to a point at the City of
     Philadelphia 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 hereinafter authorized.
        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. The plan of such changes of the
     lines and grades of public roads shall be subject to the
     approval of the supervisors of the proper township and in the
     case of State highways subject to the approval of the Department
     of Highways.
        (h)  If the commission shall find it necessary to change the
     site of any portion of any State highway or public road, it
     shall cause the same 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:
     Provided, That the damages incurred in changing the location of
     any such road or State highway 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. The
     plan of such reconstruction and restoration shall be subject to
     the approval of the supervisors of the proper township and in
     the case of a State highway subject to the approval of the
     Department of Highways.
        (i)  The commission shall 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, 1937, Pamphlet Laws, 774.
        (k)  All public or private property damaged or destroyed in
     carrying out the powers granted by this act shall be restored or
     repaired and placed in their original condition, as nearly as
     practicable, or adequate compensation made therefor out of funds
     provided under the authority of this act.
        Section 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 no liability or obligation shall be
     incurred hereunder beyond the extent to which money shall have
     been provided under the authority of this act.
        (c)  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 under the provisions of this act, which bonds shall
     be filed in the office of the Secretary of the Commonwealth.
        (d)  The chairman of the commission shall receive an annual
     salary of one thousand five hundred dollars ($1500), and the
     other appointed members of the commission shall each receive an
     annual salary of one thousand dollars ($1000), payable in
     monthly installments, solely from funds provided under the
     authority of this act, to begin when such funds shall have been
     provided. ((d) added June 20, 1947, P.L.656, No.282)
        Section 8.  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, any lands, property rights, rights of way,
     franchises, easements and other interests in lands as it may
     deem necessary or convenient 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 9.  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, in the manner hereinafter provided, any lands,
     property rights, rights of way, franchises, easements and other
     property deemed necessary or convenient for the construction or
     the efficient operation of the turnpike or necessary in the
     restoration of public or private property damaged or destroyed.
     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.
        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.
        (9 repealed in part June 3, 1971, P.L.118, No.6)
        Section 10.  Whenever the commission decides to acquire any
     lands, rights, rights of way, easements and franchises or
     interests therein by condemnation, 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 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 11.  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
     semiannually, 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 be signed by the Governor and by the chairman of
     the commission, and the official seal of the commission shall be
     affixed thereto and attested by the secretary and treasurer of
     the commission, and any coupons attached thereto shall bear the
     facsimile signature of the chairman of the commission. In case
     any officer whose signature shall appear on any bonds or coupons
     shall cease to be such officer before the delivery of such
     bonds, such signature shall nevertheless be valid and sufficient
     for all purposes the same as if he had remained in office until
     such delivery. All 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 or
     other securities or obligations are hereby made securities which
     may properly and legally be deposited with and received by any
     State or municipal officers or agency of the Commonwealth for
     any purpose for which the deposit of bonds or other obligations
     of the Commonwealth is now or may hereafter be authorized by
     law.
        Section 12.  All moneys received from any bonds 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 or the
     trustee hereinafter provided for in respect of such bonds.
        Section 13.  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 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 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 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 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 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 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 and by the following provisions:
        (a)  No turnpike revenue refunding bonds shall be delivered
     unless delivered in exchange for turnpike revenue bonds to be
     refunded thereby, except in the amount necessary to provide for
     the payment of matured or redeemable turnpike revenue bonds or
     turnpike revenue bonds maturing or redeemable within three
     months, including any redemption premium thereon.
        (b)  No turnpike revenue refunding bonds shall be issued
     unless issued to refund turnpike revenue bonds which have
     matured or will 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.
        Section 17.  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 18.  (18 repealed Sept. 30, 1985, P.L.240, No.61)
        Section 19.  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 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.