BRIDGES, CONSTRUCTION AND MAINTENANCE
Act of Jul. 15, 1935, P.L. 998, No. 317
AN ACT
Authorizing the Department of Highways to enter into an
agreement or agreements with the Department of Public Works
of the State of New York for the construction,
reconstruction, or maintenance, under certain terms and
conditions, of free bridges across the Delaware River;
granting certain powers to the Department of Highways in
connection with the construction, reconstruction, or
maintenance of such bridges and approaches thereto; and
making an appropriation.
Section 1. Be it enacted, &c., That the Department of
Highways, with the approval of the Joint Commission having
jurisdiction over bridges between the Commonwealth of
Pennsylvania and the State of New York, is hereby empowered and
authorized to enter into an agreement or agreements with the
Department of Public Works of the State of New York for the
construction, reconstruction, or maintenance of free bridges
across the Delaware River between the Commonwealth of
Pennsylvania and the State of New York, at such location or
locations as may be fixed and determined in any agreement or
agreements entered into pursuant to the provisions hereof.
Section 2. Said agreement or agreements shall provide that
the cost and expense of constructing, reconstructing, or
maintaining said bridges shall be borne as follows: as to the
bridges proper, fifty (50) per centum by the Commonwealth of
Pennsylvania and fifty (50) per centum by the State of New York;
as to construction, reconstruction or maintenance of bridge
approaches in Pennsylvania, the costs thereof shall be paid
entirely by the Commonwealth of Pennsylvania; if the bridge
approach is in New York, the Commonwealth shall have no
liability for payment of construction, reconstruction or
maintenance costs thereof.
(2 amended Dec. 19, 1975, P.L.600, No.170)
Section 3. Said agreement or agreements shall provide for
the making and preparation of the necessary surveys, plans, and
specifications by the highway departments of the Commonwealth of
Pennsylvania and the State of New York, either jointly or by
either, in such manner as may be agreed upon; and the letting of
the contract and supervision and inspection of the work may be
handled in the same manner: Provided, however, That said
agreement or agreements shall make an equal division of the
expense involved between the State of New York and the
Commonwealth of Pennsylvania: And provided further, That each
state shall secure, at its own cost and expense, the necessary
right-of-way within their respective limits required for the
construction of said bridges.
Section 4. In carrying out the terms of any agreement or
agreements, entered into pursuant to the provisions of this act,
for the construction, reconstruction, or maintenance of any
bridge or bridges, as well as in connection with the
construction, reconstruction, or maintenance of necessary
Cl. 36
approaches in Pennsylvania, the Department of Highways shall
have and exercise all of the rights and powers vested in it by
the laws relating to the construction, reconstruction, repair,
or maintenance of State highways and bridges.
Section 5. So much of the money, as may be necessary to
carry out the provisions of this act, is hereby specifically
appropriated to the Department of Highways out of the Motor
License Fund, and any Federal aid received on said projects from
the Federal Government, as well as any payments received from
the State of New York, shall be deposited in the Motor License
Fund.
Section 6. Upon completion, any bridge or bridges,
constructed or reconstructed, as provided herein, shall be free
from toll and shall be maintained by the Commonwealth of
Pennsylvania and the State of New York under the custody and
charge of the said Joint Commission, and the costs thereof shall
be borne and paid by the Commonwealth of Pennsylvania and the
State of New York in equal proportions, in the same way as other
bridges across the Delaware River under the custody and charge
of the said Joint Commission: Provided, however, That the
Secretary of Highways is hereby empowered and authorized to
enter into an agreement or agreements with the Department of
Public Works of the State of New York providing that the
maintenance shall be done by either of their respective highway
departments and reimbursement made to the one doing the work by
the other. So much of the money, as may be necessary from time
to time, is hereby specifically appropriated to the Department
of Highways out of the Motor License Fund for defraying the
share of the cost of maintenance, properly chargeable to the
Commonwealth of Pennsylvania.
Section 7. All expenditures made under the provisions of
this act for the construction, reconstruction, maintenance, and
repair of such bridges shall be audited and approved by the said
Joint Commission.
Section 8. This act shall become effective upon its approval
by the Governor and the enactment into law of a similar, or
substantially similar, statute by the State of New York making
moneys available for such bridge construction and maintenance
and conferring like powers upon its Department of Public Works.
Section 9. The Governor is hereby authorized to apply on
behalf of the Commonwealth of Pennsylvania to the Congress of
the United States for its consent and approval to said compact
or agreement, but, in the absence of such consent and approval,
the said highway departments or either of them, as may be agreed
upon, shall have all the powers which the Commonwealth of
Pennsylvania and the State of New York may confer upon them, or
it, without the consent and approval of Congress.