No. 42 M.D. Misc. Docket 1984
Louis R. Martin, Kevin F. Longenbach, Harrisburg, for petitioner Pa. Turnpike Com'n.
John P. Krill, Jr., Deputy Gen. Counsel, Harrisburg, for respondents.
Carleton O. Strouss, Harrisburg, Spencer A. Manthorpe, Philadelphia, for intervenors Dept. of Trans.
Nix, C.j., and Larsen, Flaherty, McDermott, Hutchinson, Zappala and Papadakos, JJ. McDermott, J., dissents and would reach the merits.
In 1978 the legislature authorized the Turnpike Commission to undertake a number of construction projects, including the widening to six lanes of the Pennsylvania turnpike in the Philadelphia area, which work would be financed by the issuance "of bonds, notes or other obligations of the commission in an amount equal to the costs of the projects . . . ." Act of Sept. 8, 1959, P.L. 828, § 3, added 1978, Nov. 26, P.L. 1411, No. 331 § 1, imd. effective, 36 P.S.
§ 652u.1. Anticipating the need to issue revenue bonds to finance the turnpike widening, the Turnpike Commission at its May 31, 1983 meeting resolved to begin costly design, engineering and traffic flow work which was necessary before revenue bonds could be issued, and which would be paid for from its reserve maintenance fund. The reserve maintenance fund, in turn, would be repaid from the proceeds of future sales of revenue bonds.
On October 2, 1984, the commission requested the governor to provide his facsimile signature for use on revenue bonds, which it was planning to issue. The turnpike enabling act requires a facsimile of the governor's signature to appear on such bonds:
All revenue bonds, notes or other obligations hereafter issued by the commission shall bear the facsimile signatures of the Governor and the chairman of the commission and the facsimile of the official seal of the commission shall be affixed thereto and attested by the secretary and the treasurer of the commission, and any coupons attached thereto shall bear the facsimile signature of the chairman of the commission.
Act of August 14, 1951, P.L. 1232, § 4, 36 P.S. § 659.4. At the time of requesting the governor's signature, the commission had not itself approved the issuance of revenue bonds, apparently because its financial position would not, at that time, have supported such approval, but it had undertaken ...