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Session Laws, 1941
Volume 582, Page 1553   View pdf image (33K)
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HERBERT R. O'CONOR, GOVERNOR. 1553

construction, improvement, maintenance, operation, repair and
insurance of the motorway, and the custody, safeguarding
and application of all moneys, and may also provide that any
motorway shall be established or constructed and paid for
under the supervision and approval of consulting engineers
employed or designated by the Commission and satisfactory
to the original purchasers of the bonds issued therefor, and
may also require that the security given by contractors and
by any depositary of the proceeds of the bonds or revenues
or other moneys be satisfactory to such purchasers. It shall
be lawful for any bank or trust company incorporated under
the laws of this State to act as such depositary and to furnish
such indemnifying 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 de-
bentures 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 mainte-
nance, operation, and repairs of the motorway.

122G. The Commission is hereby authorized to fix and to
revise from time to time tolls for the use of the motorway or
for 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 gas stations, garages, restaurants and ad-
vertising signs, for the sale of merchandise on said premises
only, 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, on competitive bidding, the con-
tract or contracts to be awarded to the highest responsible
bidder or bidders in each instance. Public utilities, other than
those offering facilities for the transportation of passengers,
freight, merchandise or commodities, which have franchises for
the use of the roads, streets and highways of the State, and pay
. a State gross receipts tax or other tax as a franchise tax, shall
be permitted to exercise their franchise rights over such motor-
way and the right of way adjoining the paved portion thereof,
subject to such reasonable and proper regulations as the Com-
mission may prescribe, without being subject to any rents or
charges.

Such tolls shall be so fixed and adjusted in respect of the
tolls from the motorway, as to provide a fund at least sufficient

 

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Session Laws, 1941
Volume 582, Page 1553   View pdf image (33K)   << PREVIOUS  NEXT >>


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