New Jersey § 32:8-11

§ 32:8-11.

ARTICLE X. (a) The commission may acquire, construct, rehabilitate, improve, maintain, repair

and operate bridges for vehicular or pedestrian traffic across the Delaware river

between the Commonwealth of Pennsylvania and the State of New Jersey at any location

north of the boundary line between Bucks county and Philadelphia county in the Commonwealth

of Pennsylvania as extended across the Delaware river to the New Jersey shore of said

river. The commission may also, subject to the approval of the State Highway Department

of the State of New Jersey and the Department of Highways of the Commonwealth of Pennsylvania,

lease such bridges as lessor to, and contract for the operation of such bridges by,

one or more public bodies, instrumentalities, commissions, or public agencies. Whenever any bridge north of the boundary line described above in this paragraph (a),

proposed to be acquired by the commission pursuant to the provisions of this Agreement,

has been constructed pursuant to consent or authorization granted by Federal law,

the acquisition of such bridge by the commission shall be by purchase or by condemnation

in accordance with the provisions of such Federal law, or the acquisition of such

bridge by the commission shall be pursuant to and in accordance with the provisions

of sections 48:5-22 and 48:5-23 of the Revised Statutes of New Jersey, and for all

the purposes of said provisions and sections the commission is hereby appointed as

the agency of the State of New Jersey and the Commonwealth of Pennsylvania exercising

the rights and powers granted or reserved by said Federal law or sections to the State

of New Jersey and Commonwealth of Pennsylvania jointly or to the State of New Jersey

acting in conjunction with the Commonwealth of Pennsylvania. The commission shall have authority to so acquire such bridge whether the same be

owned, held, operated or maintained by any private person, firm, partnership, company,

association or corporation or by any instrumentality, public body, commission, public

agency or political subdivision (including any county or municipality) of, or created

by or in, the State of New Jersey or the Commonwealth of Pennsylvania, or by any instrumentality,

public body, commission or public agency of, or created by or in, a political subdivision

(including any county or municipality) of the State of New Jersey or the Commonwealth

of Pennsylvania. In addition to other powers conferred upon it, and not in limitation thereof, the

commission may acquire all right, title and interest in and to the Tacony-Palmyra

Bridge, across the Delaware river at Palmyra, New Jersey, together with any approaches

and interests in real property necessary thereto. The acquisition of such bridge, approaches and interests by the commission shall

be by purchase or by condemnation in accordance with the provisions of the Federal

law consenting to or authorizing the construction of such bridge and approaches, or

the acquisition of such bridge, approaches or interests by the commission shall be

pursuant to and in accordance with the provisions of sections 48:5-22 and 48:5-23

of the Revised Statutes of New Jersey, and for all the purposes of said provisions

and sections the commission is hereby appointed as the agency of the State of New

Jersey and the Commonwealth of Pennsylvania exercising the rights and powers granted

or reserved by said Federal law or sections to the State of New Jersey and Commonwealth

of Pennsylvania jointly or to the State of New Jersey acting in conjunction with the

Commonwealth of Pennsylvania. The commission shall have authority to so acquire such bridge, approaches and interests,

whether the same be owned, held, operated, or maintained by any private person, firm,

partnership, company, association or corporation or by any instrumentality, public

body, commission, public agency or political subdivision (including any county or

municipality) of, or created by or in, the State of New Jersey or the Commonwealth

of Pennsylvania, or by any instrumentality, public body, commission or public agency

of, or created by or in, a political subdivision (including any county or municipality)

of the State of New Jersey or the Commonwealth of Pennsylvania. The power and authority herein granted to the commission to acquire said Tacony-Palmyra

Bridge, approaches and interests shall not be exercised unless and until the Governor

of the State of New Jersey and the Governor of the Commonwealth of Pennsylvania have

filed with the commission their written consents to such acquisition. The word “bridge” as used in this Agreement shall include such approach highways and

interests in real property necessary thereto in said Commonwealth or said State as

may be determined by the commission to be necessary to facilitate the flow of traffic

in the vicinity of any such bridge or to connect such bridge with the highway system

or other traffic facilities in said Commonwealth or said State; provided, however,

that the power and authority herein granted to the commission in connection with the

approach highways shall not be exercised unless and until the Department of Highways

of the Commonwealth of Pennsylvania shall have filed with the commission its written

approval as to approach highways to be located in said Commonwealth and the State

Highway Department of the State of New Jersey shall have filed with the commission

its written approval as to approach highways to be located in said State. Notwithstanding any other provision of this Agreement or any provision of law, State

or Federal, to the contrary, the commission may combine for financing purposes any

bridge or bridges hereafter constructed or acquired by it with any or all of the bridges

described or referred to in any trust indenture securing bridge revenue bonds of the

commission at the time outstanding, subject to any limitations or restrictions contained

in such trust indenture. Notwithstanding any provision of this Agreement, nothing herein contained shall be

construed to limit or impair any right or power granted or to be granted to the Pennsylvania

Turnpike Commission or the New Jersey Turnpike Authority, acting alone or in conjunction

with each other, to provide for the financing, construction, operation and maintenance

of one bridge across the Delaware river south of the city of Trenton in the State

of New Jersey; provided, that such bridge shall not be constructed within a distance

of ten miles, measured along the boundary line between the Commonwealth of Pennsylvania

and the State of New Jersey, from the bridge being constructed across the Delaware

river by the commission between the borough of Morrisville in said Commonwealth and

the city of Trenton in said State, so long as there are any outstanding bonds or obligations

of the commission for which the tolls, rents, rates, or other revenues, or any part

thereof, of said bridge now being constructed shall have been pledged; but such bridge

may be constructed at any other location north of the boundary line described above

in this paragraph (a). Nothing contained in this Agreement shall be construed to authorize the commission

to condemn any such bridge. (b) The commission may replace any one or more existing bridges across the Delaware

river between the Commonwealth of Pennsylvania and the State of New Jersey north of

said line with one or more new bridges at such locations as the commission may determine

to be adequate and convenient for the traffic to be served thereby. (c) The commission may acquire by purchase or by the exercise of the power of eminent

domain any existing ferry or bridge the acquisition of which the commission may determine

to be necessary or advisable in connection with the construction of a new bridge,

the cost of such acquisition to be deemed to be a part of the cost of such construction. (d) The commission may enter upon, use, occupy, enlarge, construct and improve any

street, road or highway located within the limits of any municipality and deemed by

the commission to be necessary in connection with the acquisition, construction, improvement,

maintenance or operation of any bridge owned or operated by the commission or of any

bridge approaches, bridge plazas or approach highways to any such bridge, subject,

however, to the consent of the governing body of such municipality and to such reasonable

police regulations as may be established by such governing body. (e) The commission may demolish and remove any bridge now operated by it when such

bridge has been or is being replaced by a new bridge at the same or a different location

which in the determination of the commission will serve substantially the same traffic

as that served by such existing bridge, and the commission may sell or otherwise dispose

of any ferry or other property of the commission deemed by it to be no longer useful

or needed for the purposes of the commission. (f) The commission may acquire for the purposes of this article any real property

which it shall find necessary or convenient to acquire for public use in the manner

provided by Article III of this Agreement, or, in the alternative, in the Commonwealth

of Pennsylvania in the same manner and with the same right of entry as the highway

department of the Commonwealth may acquire lands by condemnation for highway purposes

and in the State of New Jersey in the same manner and with the same right of entry

as the highway department of the State may acquire lands by condemnation for highway

purposes. (g) The commission may make and enforce such rules and regulations with respect to

the use of any bridge operated by it as it shall deem proper and reasonable, including

regulations limiting the loads permitted on any such bridge and closing to traffic

any such bridge deemed by the commission to be unsafe. (h) The commission may provide, from time to time, for the issuance of its bridge

revenue bonds for any one or more of the following purposes: (1) providing funds

for the acquisition, construction, rehabilitation or improvement of any one or more

bridges the acquisition, construction, rehabilitation or improvement of which is herein

authorized; (2) providing funds for the construction or improvement of approach facilities

deemed by the commission to be necessary or desirable in connection with the acquisition,

construction, maintenance or operation of any bridge owned or operated by the commission,

including but without limitation bridge approaches, entrance plazas, overpasses, underpasses

and approach highways; and (3) refunding any bridge revenue bonds or bridge revenue

refunding bonds of the commission. The bridge or bridges (including any approach facilities) on account of which a

single issue of bonds shall be issued as herein authorized shall constitute a single

project for financing purposes. (i) The commission may fix, charge and collect tolls, rates, rents and other charges

for the use of any bridge or bridges constituting a single project, such tolls to

be fixed and adjusted, subject to any applicable Federal law, as to provide funds

at least sufficient (1) to pay the cost of maintaining, repairing and operating such

bridge or bridges, including the administrative expenses of the commission chargeable

thereto, (2) to pay the bridge revenue bonds or the bridge revenue refunding bonds

issued on account of such project and the interest on such bonds, and (3) to provide

reserves for such purposes; provided, however, that no tolls shall be charged or

collected for the use of any bridge now operated by the commission as a free bridge

but only for the use of bridges constructed or acquired by the commission under the

provisions of this compact or agreement. Subject to any applicable Federal law, the commission may pledge such tolls, rates,

rents and other revenues or any part thereof for such purposes. The commission may establish separate schedules of tolls, rates and charges for

use of any bridge on which tolls may be established hereunder by residents of areas

adjacent to or served directly by such bridge under such conditions and on such terms

as it shall determine to be proper and reasonable, including tolls, rates and charges

for unlimited use of any such bridge. No member of the commission shall be subject to any personal liability or accountability

by reason of any act or omission of the commission.