CHAPTER 223

An Act to amend the Code of Virginia by adding in Title 33 an Article
numbered 9, containing sections numbered 83-255.1 through 33-255.22,
so as to facilitate vehicular traffic in the Commonwealth of Virginia
by providing for the construction, maintenance, repair and operation
of turnpike projects; conferring powers and imposing duties upon
the State Highway Commission in relation thereto; providing for
financing the construction of such projects by the issuance of revenue
bonds of.the Commonwealth, payable solely from tolls and other
revenues; providing that no debt of the Commonwealth shall be
incurred in the exercise of any such powers; providing for the collec-
tion of tolls and other revenues to pay such bonds and the interest
thereon and the cost of maintenance, repair and operation of such
projects; making such bonds exempt from taxation; providing for
condemnation; and authorizing the issuance of revenue refunding

bonds.
[S 229]
Approved March 8, 1952

Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia be amended by adding in Title 33 an article
numbered 9, containing sections numbered 33-255.1 through 33-255.22, as
ollows:

§ 33-255.1. Turnpike Projects.—In order to provide for the construc-
tion of modern express highways or superhighways embodying safety
devices, including center division, ample shoulder widths, longsight dis-
tances, grade separations at intersections with other highways and rail-
roads, and thereby facilitate vehiclular traffic, remove many of the
present handicaps and hazards on the congested highways in the Common-
wealth, and promote the agricultural and industrial development of the
Commonwealth, the State Highway Commission of Virginia is hereby
authorized and empowered to construct, maintain, repair and operate turn-
pike projects (as hereinafter defined), and to issue revenue bonds of the
Commonwealth, payable solely from revenues, to finance such projects.

§ 33-255.2. Credit of the Commonwealth Not Pledged.—Revenue
bonds issued under the provisions of this Act shall not be deemed to con-
stitute a debt of the Commonwealth or of any political subdivision thereof
or a pledge of the faith and credit of the Commonwealth or of any such
political subdivision, but all such bonds shall be payable solely from the
funds herein provided therefor from revenues. All such revenue bonds
shall contain on the face thereof a statement to the effect that the Common-
wealth shall not be obligated to pay the same or the interest thereon
except from revenues of the project or projects for which they are issued
and that neither the faith and credit nor the taxing power of the Common-
wealth is pledged to the payment of the principal of or the interest on
such bonds.

All expenses incurred in carrying out the provisions of this Act shall
be payable solely from funds provided under the authority of this Act
and no liability or obligation shall be incurred by the Commission here-
under beyond the extent to which moneys shall have been provided under
the provisions of this Act.
§ 33-255.3. Definitions—As used in this Act, the following words
and terms shall have the following meanings, unless the context shall
indicate another or different meaning or intent:

(a) The word “Commission” shall mean the State Highway Com-
mission or, if said Commission shall be abolished, the board, body or com-
mission succeeding to the principal functions thereof or to whom the
powers given by this Act to the Commission shall be given by law.

(b) The word “project” or the words “turnpike project” shall mean
any express highway or superhighway constructed under the provisions
of this Act by the Commission, including all bridges, tunnels, overpasses,
underpasses, interchanges, entrance plazas, approaches, toll houses, service
stations, and administration, storage and other buildings and facilities
which the Commission may deem necessary for the operation of such
project, together with all property, rights, easements and interest which
may be acquired by the Commission for the construction or the operation
of such project.

(c) The word “cost” as applied to a turnpike project shall embrace
the cost of construction, the cost of the acquisition of all land, rights of
way, property, rights, easements and interests acquired by the Commis-
sion for such construction, the cost of demolishing or removing any build-
ings or structures on land so acquired, including the cost of acquiring any
lands to which such buildings or structures may be moved, the cost of all
machinery and equipment, financing charges, interest prior to and during
construction and, if deemed advisable by the Commission, for one year
after completion of construction, cost of traffic estimates and of en-
gineering and legal expenses, plans, specifications, surveys, estimates of
cost and of revenues, other expenses necessary or incident to determining
the feasability or practicability of constructing any such project, admin-
istrative expense, and such other expense as may be necessary or incident
to the construction of the project, the financing of such construction and
the placing of the project in operation. Any obligation or expense here-
after incurred by the Commission for traffic surveys, borings, prepara-
tion of plans and specifications, and other engineering services in connec-
tion with the construction of a project shall be regarded as a part of the
cost of such project and shall be reimbursed to the Commission out of the
proceeds of turnpike revenue bonds hereinafter authorized.

(d) The words “‘public highways” shall include all public highways,
roads and streets in the Commonwealth, whether maintained by the Com-
monwealth or by any county, city, town or other political subdivision.

(e) The word “bonds” or the words “turnpike revenue bonds” shall
mean revenue bonds of the Commonwealth authorized under the provi-
sions of this Act

(f) The word “owner” shall include all individuals, copartnerships,
associations or corporations having any title or interest in any property,
rights, easements and interests authorized to be acquired by this Act.

§ 33-255.4. General Grant of Powers.—The Commission is hereby
authorized and empowered:

(a) To construct, maintain, repair and operate turnpike projects at
such locations within the Commonwealth as may be determined by the
Commission and approved by the Governor; provided, however, the Com-
mission shall have no power to construct such projects in cities or towns
having a population of 3,500 or more according to the last preceding
United States census or to fix, charge or collect tolls for transit over any
existing free public highway;

(b) To issue turnpike revenue bonds of the Commonwealth payable
solely from the tolls and revenues pledged for their payment, for the
purpose of paying the cost of any one or more turnpike projects, all as
provided in this Act;

(c) To fix and revise from time to time and charge and collect tolls
for transit over each turnpike project constructed by it;

(d) To establish rules and regulations for the use of any such turn-
pike project;

(e) To acquire, hold and dispose of real and personal property in
the exercise of its powers and the performance of its duties under this Act;

(f) To designate the locations, and establish, limit and control such
points of ingress to and egress from each turnpike project as may be
necessary or desirable in the judgment of the Commission to insure the
proper operation and maintenance of such project, and to prohibit en-
trance to such project from any point or points not so designated;

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;

(h) To employ, in its own discretion and without further approval,
consulting engineers, attorneys, accountants, construction and financial
experts, superintendents, managers, and such other employees and agents
as may be necessary in its judgment, and to fix their compensation;

(i) To receive and accept from any federal agency grants for or in
aid of the construction of any turnpike project, and to receive and accept
aid or contributions from any source of either money, property, labor
or other things of value, to be held, used and applied only for the purposes
for which such grants and contributions may be made; and

(j) To do all acts and things necessary or convenient to carry out
the powers expressly granted in this Act.

§ 33-255.5. Acquisition of Property. — The Commission is hereby
authorized and empowered to acquire by purchase, whenever it shall deem
such purchase expedient, solely from funds provided under the authority
of this Act, such lands, structures, property, rights, rights of way, fran-
chises, easements and other interests in lands, including lands lying under
water and riparian rights, which are located within the Commonwealth,
as it may deem necessary or convenient for the construction and operation
of any project, upon such terms and at such prices as may be considered
by it to be reasonable and can be agreed upon between it and the owner
thereof, and to take title thereto in the name of the Commonwealth.

Whenever a reasonable price cannot be agreed upon, or whenever the
owner is legally incapacitated or is absent, unknown or unable to convey
valid title, the Commission is hereby authorized and empowered to acquire
by condemnation or by the exercise of the power of eminent domain any
lands, property, rights, rights of way, franchises, easements and other
property, including public lands, parks, playgrounds, reservations, high-
ways or parkways, or parts thereof or rights therein, of any person,
copartnership, association, railroad, public service, public utility or other
corporation, or municipality or political subdivision deemed necessary or
convenient for the construction or the efficient operation of any project
or necessary in the restoration of public or private property damaged or
destroyed. Such proceedings shall be in accordance with and subject to
the provisions of any and all laws applicable to condemnation of property
in the name of the State Highway Commissioner under the laws of the
State of Virginia. Title to any property acquired by the Commission shall
be taken in the name of the Commonwealth. In any condemnation proceed-
ings 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 neither
such undertaking or security nor any act or obligation of the Commission
shall impose any liability upon the Commonwealth except as may be paid
from the funds provided under the authority of this Act.

If the owner, lessee or occupier of any property to be condemned
shall refuse to remove his personal property therefrom or give up pos-
session thereof, the Commission may proceed to obtain possession in any
manner now or hereafter provided by law.

With respect to any railroad property or right of way upon which
railroad tracks are located, any powers of condemnation or of eminent
domain may be exercised to acquire only an easement interest therein
which shall be located either sufficiently far above or sufficiently far
below the grade of any railroad track or tracks upon such railroad prop-
erty so that neither the proposed project nor any part thereof, including
any bridges, abutments, columns, supporting structures and appurtenances,
nor any traffic upon it shall interfere in any manner with the use, opera-
tion or maintenance of the trains, tracks, works or appurtenances or other
property of the railroad nor endanger the movement of the trains or
traffic upon the tracks of the railroad. Prior to the institution of con-
demnation proceedings for such easement over or under railroad property
or right of way, plans and specifications of the proposed project showing
compliance with the above mentioned above or below grade requirements
and showing sufficient and safe plans and specifications of such overhead
or undergrade structure and appurtenances shall be submitted to the rail-
road for examination and approval. If the railroad fails or refuses within
thirty days to approve the plans and specifications so submitted, the matter
shall be submitted to the Corporation Commission, as to the sufficiency
and safety of such plans and specifications and as to such elevations or dis-
tances above or below the tracks. Said overhead or undergrade structure
and appurtenances shall be constructed only in accordance with such plans
and specifications and in accordance with such elevations or distances above
or below the tracks so approved by the railroad or the Corporation Com-
mission as the case may be. A copy of the plans and specifications approved
by the railroad or the Corporation Commission shall be filed as an exhibit
with the petition for condemnation. The cost of any such overhead or
undergrade projects and appurtenances and any expense and cost in-
curred in changing, adjusting, relocating or removing the lines and grades
of such railroad in connection with any such projects shall be paid by
the Commission as a part of the cost of such turnpike project.

§ 33-255.6. Incidental Powers.—The Commission shall have power
to construct grade separations at intersections of any turnpike project
with public highways and to change and adjust the lines and grades of
such highways so as to accommodate the same to the design of such grade
separation. The cost of such grade separations and any damage incurred
in changing and adjusting the lines and grades of such highways shall be
ascertained and paid by the Commission as a part of the cost of such
turnpike project.

If the Commission shall find it necessary to change the location of
any portion of any public highway, it shall cause the same to be recon-
structed at such location as the Commission shall deem most favorable
and of substantially the same type and in as good condition as the original
highway. The cost of such reconstruction and any damage incurred in
changing the location of any such highway shall be ascertained and paid
by the Commission as a part of the cost of such turnpike project.

Any public highway affected by the construction of any turnpike
project may be vacated or relocated by the Commission in the manner
now provided by law for the vacation or relocation of public roads, and
any damages awarded on account thereof shall be paid by the Commission
as a part of the cost of such project.

In addition to the foregoing powers, the Commission and its author-
ized agents and employees may enter upon any lands, waters and premises
in the Commonwealth for the purpose of making surveys, soundings,
drillings and examinations as they may deem necessary or convenient for
the purposes of this Act, and such entry shall not be deemed a trespass,
nor shall an entry for such purposes be deemed an entry under any con-
demnation proceedings which may be then pending. The Commission
shall make reimbursement for any actual damage resulting to such lands,
waters and premises as a result of such activities.

The Commission shall also have power to make reasonable regulations
for the installation, construction, maintenance, repair, renewal, relocation
and removal of tracks, pipes, mains, conduits, cables, wires, towers,
poles and other equipment and appliances (herein called “public utility
facilities’) of any public utility in, on, along, over or under any turnpike
project. Whenever the Commission shall determine that it is necessary
that any such public utility facilities which now are, or hereafter may
be, located in, on, along, over or under any turnpike project should be
relocated in such turnpike project, or should be removed from such turn-
pike project, the public utility owning or operating such facilities shall
relocate or remove the same in accordance with the order of the Com-
mission; provided, however, that the cost and expenses of such relocation
or removal, including the cost of installing such facilities in a new location
or new locations, and the cost of any lands, or any rights or interests in
lands, and any other rights, acquired to accomplish such relocation or
removal, shall be ascertained and paid by the Commission as a part of the
cost of such turnpike project. In case of any such relocation or removal of
facilities, the public utility owning or operating the same, its successors
or assigns, may maintain and operate such facilities, with the necessary
appurtenances, in the new location or new locations, for as long a period,
and upon the same terms and conditions, as it had the right to main-
tain and operate such facilities in their former location or locations.

The Commonwealth hereby consents to the use of all lands owned
by it, including lands lying under water, which are deemed by the Com-
mission to be necessary for the construction or operation of any turnpike
project.

§ 33-255.7. Turnpike Revenue Bonds.—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 all or any part of the cost of any one or more
turnpike projects. The principal of and the interest on such bonds shall
be payable solely from the funds herein provided for such payment. The
bonds of each issue shall be dated, shall bear interest at such rate or rates
not exceeding five per centum per annum, shall mature at such time or
time not exceeding forty years from their date or dates, as may be deter-
mined 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. 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, which may be at any bank or trust
company within or without the Commonwealth. The bonds shall be signed
by the State Highway Commissioner or shall bear his facsimile signature,
and the official seal of the Commission shall be impressed thereon and
attested by the Secretary of the Commission, and any coupons attached
thereto shall bear the facsimile signature of the Chairman of the Com-
mission. In case any officer whose signature or a facsimile of whose
signature shall appear on any bonds or coupons shall cease to be such
officer before the delivery of such bonds, such signature or such facsimile
shall nevertheless be valid and sufficient for all purposes the same as if
he had remained in office until such delivery. All 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 bonds as to
principal alone and also as to both principal and interest, and for the
reconversion into coupon bonds of any bonds registered as to both principal
and interest. The Commission may sell such bonds in such manner and
for such price as it may determine will best effect the purposes of this Act.

The proceeds of the bonds of each issue shall be used solely for the
payment of the cost of the turnpike project or projects for which such
bonds shall have been issued, and shall be disbursed in such manner and
under such restrictions, if any, as the Commission may provide in the
resolution authorizing the issuance of such bonds or in the trust agreement
hereinafter mentioned securing the same. If the proceeds of the bonds of
any issue, by error of estimates or otherwise, shall be less than such cost,
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 such bonds or in the trust agreement securing the same,
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 of any issue shall exceed such cost, the surplus
shall be deposited to the credit of the sinking fund for such bonds.

Prior to the preparation of definitive bonds, the Commission may,
under like restrictions, issue interim receipts or temporary bonds, with
or without coupons, exchangeable for definitive bonds when such bonds
shall have been executed and are available for delivery. The Commission
may also provide for the replacement of any bonds which shall become
mutilated or shall be destroyed or lost. Bonds may be issued under the
provisions of this Act without obtaining the consent of any department,
division, commission, board, bureau or agency of the Commonwealth, and
without any other proceedings or the happening of any other conditions
or things than those proceedings, conditions or things which are specifically
required by this Act.

§ 33-255.8. Trust Agreement.—In the discretion of the Commission
any bonds issued under the provisions of this Act may be secured by a trust
agreement 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 without the Commonwealth. Such trust agreement or
the resolution providing for the issuance of such bonds may pledge or
assign the tolls and other revenues to be received, but shall not convey or
mortgage any turnpike project or any part thereof. Such trust agreement
or resolution providing for the issuance of such bonds 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 property and the construction, improvement,
maintenance, repair, operation and insurance of the turnpike project or
projects in connection with which such bonds shall have been authorized,
and the rates of toll to be charged, and the custody, safeguarding and ap-
plication of all moneys. It shall be lawful for any bank or trust company
incorporated under the laws of the Commonwealth which may act as de-
positary of the proceeds of bonds or of revenues to furnish them indemni-
fying bonds or to pledge such securities as may be required by the Com-
mission. Any such trust agreement may set forth the rights and remedies
of the bondholders and of the trustee, and may restrict the individual right
of action by bondholders. In addition to the foregoing, any such trust
agreement or resolution may contain such other provisions as the Com-
mission may deem reasonable and proper for the security of the bond-
holders. All expenses incurred in carrying out the provisions of such trust
agreement or resolution may be treated as a part of the cost of the opera-
tion of the turnpike project or projects. :

§ 33-255.9. Revenues.—The Commission is hereby authorized to fix
revise, charge and collect tolls for the use of each turnpike project and
the different parts or sections thereof, 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 and restaurants, or for any other purpose except
tracks for railroad or railway use, and to fix the terms, conditions, rents
and rates of charges for such use, provided, that a sufficient number of
the afore-mentioned facilities shall be authorized to be established in each
service area along any such turnpike project to permit reasonable competi-
tion by private business in the public interest. Such tolls shall be so fixed
and adjusted in respect of the aggregate of tolls from the turnpike project
or projects in connection with which the bonds of any issue shall have been
issued as to provide a fund sufficient with other revenues, if any, to pay (a)
the cost of maintaining, repairing and operating such turnpike project
or projects and (b) the principal of and interest on such bonds as the
same shall become due and payable, and to create reserves for such pur-
poses. Such tolls shall not be subject to supervision or regulation by
any other commission, board, bureau or agency of the Commonwealth.
The tolls and all other revenues derived from the turnpike project or
projects in connection with which the bonds of any issue shall have been
issued, except such part thereof as may be necessary to pay such cost of
maintenance, repair and operation and to provide such reserves therefor
as may be provided for in the resolution authorizing the issuance of such
bonds or in the trust agreement securing the same, shall be set aside at
such regular intervals as may be provided in such resolution or such trust
agreement in a sinking fund which is hereby pledged to, and charged with,
the payment of the principal of and the interest on such bonds as the same
shall become due, and the redemption price or the purchase price of
bonds retired by call or purchase as therein provided. Such pledge shall
be valid and binding from the time when the pledge is made; the tolls or
other revenues or other moneys so pledged and thereafter received by
the Commission shall immediately be subject to the lien of such pledge
without any physical delivery thereof or further act, and the lien of any
such pledge shall be valid and binding as against all parties having claims
of any kind in tort, contract or otherwise against the Commission, irrespec-
tive of whether such parties have notice thereof. Neither the resolution
nor any trust agreement by which a pledge is created need be filed or
recorded except in the records of the Commission. The use and disposition
of moneys to the credit of such sinking fund shall be subject to the pro-
visions of the resolution authorizing the issuance of such bonds or of such
trust agreement. Except as may otherwise be provided in such resolution
or such trust agreement, such sinking fund shall be a fund for all such
bonds without distinction or priority of one over another.

§ 33-255.10. Trust Funds.—AlJ moneys received pursuant to the au-
thority of this Act, whether as proceeds from the sale of bonds or as
revenues, shall be deemed to be trust funds to be held and applied solely
as provided in this Act. The Commission shall, in the resolution author-
izing the bonds of any issue or in the trust agreement securing such bonds,
provide for the payment of the proceeds of the sale of the bonds and the
revenues to be received into the State treasury and carried on the books
of the Comptroller in a special account and may provide for the turning
over, transfer or paying over such funds from the State treasury to any
officer, agency, bank or trust company, who shall act as trustee of funds,
and hold and apply the same to the purposes hereof, subject to such regula-
tions as this Act and such resolution or trust agreement may provide.

All moneys paid into the State treasury pursuant to the provisions of
this Act are hereby appropriated to the Commission for the purpose of
carrying out the provisions of this Act; disbursements and payments of
money so paid into the State treasury shall be made by the State Treasurer
upon warrants of the State Comptroller which he shall issue upon vouchers
signed by such person or persons as shall be designated by the Commission
for such purpose.

§ 33-255.11. Remedies.—Any holder of bonds issued under the pro-
visions of this Act or any of the coupons appertaining thereto, and the
trustee under any trust agreement, except to the extent the rights herein
given may be restricted by such trust agreement, may, either at law or in
equity, by suit, action, mandamus or other proceedings, protect and en-
force any and all rights under the laws of the Commonwealth or granted
hereunder or under such trust agreement or the resolution authorizing
the issuance of such bonds, and may enforce and compel the performance
of all duties required by this Act or by such trust agreement or resolution
to be performed by the Commission or by any officer thereof, including the
fixing, charging and collecting of tolls.

§ 33-255.12. Exemption from Taxation.—The exercise of the powers
granted by this Act will be in all respects for the benefit of the people of
the Commonwealth, for the increase of their commerce and prosperity, and
for the improvement of their health and living conditions, and as the opera-
tion and maintenance of turnpike projects by the Commission will con-
stitute the performance of essential governmental functions, the Com-
mission shall not be required to pay any taxes or assessments upon any
turnpike project or any property acquired or used by the Commission
under the provisions of this Act or upon the income therefrom, and the
bonds issued under the provisions of this Act, their transfer and the
income therefrom (including any profit made on the sale thereof) shall
at all times be free from taxation within the Commonwealth.

§ 83-255.138. Bonds Eligible for Investment.—Bonds issued by the
Commission under the provisions of this Act are hereby made securities
in which all public officers and public bodies of the Commonwealth and
its political subdivisions, all insurance companies, trust companies, bank-
ing associations, investment companies, executors, advisers, trustees and
other fiduciaries, and all other persons whatsoever who are now or may
hereafter be authorized to invest in bonds or other obligations of a similar
nature may properly and legally invest funds, including capital in their
control or belonging to them. Such bonds are hereby made securities which
may properly and legally be deposited with and received by any state or
municipal officer or any agency or political subdivision of the Common-
wealth for any purpose for which the deposit of bonds or other obliga-
tions of the Commonwealth is now or may hereafter be authorized by law.

§ 33-255.14. Miscellaneous.—Each turnpike project when constructed
and opened to traffic shall be maintained and kept in good condition and
repair by the Commission. Each such project shall also be policed and
operated by such force of police, tolltakers and other operating employees
as the Commission may in its discretion employ.

All private property damaged or destroyed in carrying out the powers

granted by this Act shall be restored or repaired and placed in its original
condition as nearly as practicable or adequate compensation made there-
for out of funds provided under the authority of this Act.
___ All counties, cities, towns and other political subdivisions and all
public agencies and commissions of the Commonwealth, notwithstanding
any contrary provision of law, are hereby authorized and empowered to
lease, lend, grant or convey to the Commission at its request upon such
terms and conditions as the proper authorites of such counties, cities,
towns, political subdivisions, agencies or commissions of the Common-
wealth 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 prop-
erty already devoted to public use.

On or before the thirtieth day of January in each year the Commis-
sion shall make an annual report of its activities for the preceding calendar
year to the Governor and to the General Assembly. Each such report shall
set forth a complete operating and financial statement covering its opera-
tion during the year. The Commission shall cause an audit of its books
and accounts to be made at least once in each year by certified public
accountants and the cost thereof may be treated as a part of the cost of
construction or operation of the project.

Any member, agent or employee of the Commission who contracts
with the Commission or is interested, either directly or indirectly, in
any contract with the Commission or in the sale of any property, either
real or personal, to the Commission shall be punished by a fine of not more
than One Thousand Dollars or by imprisonment for not more than one
year, or both.

The Commission may, in its discretion, use any part of funds avail-
able for the construction of State highways, in any construction district
in which any project is wholly or partly located, to aid in the payment of
the cost of such project and for the payment, purchase or redemption
of revenue bonds issued in connection with any such project, or in con-
nection with any such project and any one or more other projects. The
Commission may also, in its discretion, use any part of funds available for
the maintenance of State highways, in any construction district in which
any project is wholly or partly located, to provide for the operation,
maintenance and repair of any such project and for the payment of in-
terest on revenue bonds issued in connection with any such project, or
in connection with any such project and any one or more other projects.

§ 33-255.15. Turnpike Revenue Refunding Bonds.—The Commis-
sion is hereby authorized to provide by resolution for the issuance of
turnpike revenue refunding bonds of the Commonwealth for the purpose
of refunding any bonds then outstanding which shall have been issued
under the provisions of this Act, including the payment of any redemption
premium thereon and any interest accrued or to accrue to the date of
redemption of such bonds, and, if deemed advisable by the Commission,
for the additional purpose of constructing improvements, extensions, or
enlargements of the turnpike project or projects in connection with which
the bonds to be refunded shall have been issued. The Commission is
further authorized to provide by resolution for the issuance of its turnpike
revenue bonds for the combined purpose of (a) refunding any bonds
then outstanding which shall have been issued under the provisions of this
Act, including the payment of any redemption premium thereon and any
interest accrued or to accrue fo the date of redemption of such bonds,
and (b) paying all or any part of the cost of any additional turnpike
project or projects. The issuance of such bonds, the maturities and other
details thereof, the rights of the holders thereof, and the rights, duties
and obligations of the Commission in respect of the same, shall be gov-
erned by the provisions of this Act insofar as the same may be applicable.

§ 33-255.16. Transfer to Commonwealth.—When all bonds issued
under the provisions of this Act in connection with any turnpike project
or projects and the interest thereon shall have been paid or a sufficient
amount for the payment of all such bonds and the interest thereon to the
maturity thereof shall have been set aside in trust for the benefit of the
bondholders, such project or projects, if then in good condition and repair,
shall become part of the State Highway System and shall thereafter be
maintained by the Commission free of tolls; provided, however, that the
Commission may thereafter charge tolls for the use of any such project
and pledge such tolls to the payment of bonds issued under the provisions
of this Act in connection with another turnpike project or projects, but
any such pledge of tolls of a turnpike project to the payment of bonds
issued in connection with another project or projects shall not be effectual
until the principal of and the interest on the bonds issued in connection
with the first mentioned project shall have been paid or provision made
for their payment.

§ 33-255.17. Competing Turnpikes and Toll Roads.—In the event
bonds shall be issued and outstanding under the provisions of this Act
to finance the construction of any turnpike project, no bonds shall
thereafter be issued under the authority of this Act to finance any addi-
tional turnpike project, except as permitted by any resolution or trust
indenture authorizing or securing any such outstanding bonds, unless and
until the Commission shall have determined that the construction of such
additional turnpike project will not adversely affect the revenues of any
turnpike project theretofore financed under the provisions of this Act.
No permit or franchise for the construction of a toll turnpike by any
other public body, authority, person, copartnership, association or cor-
poration shall be granted until after hearing by the Commission, on such
notice and under such rules as the Commission may prescribe, and a finding
by the Commission that the operation of such toll turnpike will not ad-
versely affect the revenues of any turnpike project theretofore financed
by the Commission under the provisions of this Act and on account of
which bonds may then be outstanding.

§ 33-255.18. Preliminary Expenses.—The Commission is hereby
authorized in its discretion to expend out of any funds available for the
purpose such moneys as may be necessary for the study of any turnpike
project or projects and to use its engineering and other forces and
employ consulting engineers, traffic engineers and legal counsel for the
purpose of effecting such study, and to pay for such additional engineering
and traffic, legal and other expert studies as it may deem expedient. All
such expenses incurred by the Commission prior to the issuance of
turnpike revenue bonds under the provisions of this Act shall be paid by
the Commission and charged to the appropriate turnpike project or
projects, and the Commission shall keep proper records and accounts
showing each amount so charged. Upon the sale of turnpike revenue
bonds for any turnpike project or projects, the funds so expended by the
Commission in connection with such project or projects shall be reim-
bursed to the Commission from the proceeds of such bonds.

§ 33-255.19. Additional Method.—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; pro-
vided, however, that the issuance of turnpike revenue bonds or turnpike
revenue refunding bonds under the provisions of this Act need not comply
with the requirements of any other law applicable to the issuance of bonds.

§ 33-255.20. Act Liberally Construed.—This Act, being necessary
for the welfare of the Commonwealth and its inhabitants, shall be liberally
construed to effect the purposes thereof.

§ 33-255.21. Constitutional Construction.—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.

§ 33-255.22. Inconsistent Laws Inapplicable-—All other general or
special laws, or parts thereof, inconsistent herewith are hereby declared
to be inapplicable to the provisions of this Act.