PRIOR PRINTER'S NO. 661 PRINTER'S NO. 1240
No. 592 Session of 1975
INTRODUCED BY MESSRS, LAUDADIO, W. W. WILT, MRS. CRAWFORD,
MESSRS. O'CONNELL, VALICENTI, MRS. GILLETTE, MESSRS. HASKELL,
FISHER, CAPUTO, MANMILLER, M. E. MILLER AND YAHNER,
FEBRUARY 26, 1975
AS REPORTED FROM COMMITTEE ON CONSERVATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 22, 1975
AN ACT
1 Amending the act of May 2, 1945 (P.L.382, No.164), entitled "An
2 act providing for the incorporation as bodies corporate and
3 politic of 'Authorities' for municipalities, counties and
4 townships; prescribing the rights, powers and duties of such
5 Authorities heretofore or hereafter incorporated; authorizing
6 such Authorities to acquire, construct, improve, maintain and
7 operate projects, and to borrow money and issue bonds
8 therefor; providing for the payment of such bonds, and
9 prescribing the rights of the holders thereof; conferring the
10 right of eminent domain on such Authorities; authorizing such
11 Authorities to enter into contracts with and to accept grants
12 from the Federal Government or any agency thereof; and
13 conferring exclusive jurisdiction on certain courts over
14 rates," further providing for general purposes.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Subsection A of section 4, act of May 2, 1945
18 (P.L.382, No.164), known as the "Municipality Authorities Act of
19 1945," amended June 1, 1972 (P.L.330, No.92), is amended to
20 read:
21 Section 4. Purposes and Powers; General.--A. Every
22 Authority incorporated under this act shall be a body corporate
1 and politic, and shall be for the purpose of acquiring, holding,
2 constructing, improving, maintaining and operating, owning,
3 leasing, either in the capacity of lessor or lessee, projects of
4 the following kind and character, buildings to be devoted wholly
5 or partially for public uses, including public school buildings,
6 and facilities for the conduct of judicial proceedings, and for
7 revenue-producing purposes; transportation, marketing, shopping,
8 terminals, bridges, tunnels, flood control projects, highways,
9 parkways, traffic distribution centers, parking spaces,
10 airports, and all facilities necessary or incident thereto,
11 parks, recreation grounds and facilities, sewers, sewer systems
12 or parts thereof, sewage treatment works, including works for
13 treating and disposing of industrial waste, facilities and
14 equipment for the collection, removal or disposal of ashes,
15 garbage, rubbish and other refuse materials by incineration,
16 land fill or other methods, steam heating plants and
17 distribution systems, incinerator plants, waterworks, water
18 supply works, water distribution systems, swimming pools,
19 playgrounds, lakes, low head dams, hospitals, health centers,
20 motor buses for public use, when such motor buses are to be used
21 within any municipality, subways and industrial development
22 projects, including but not limited to projects to retain or
23 develop existing industries and the development of new
24 industries: Provided, That an Authority created by a school
25 district or school districts shall have the power only to
26 acquire, hold, construct, improve, maintain, operate and lease
27 public school buildings and other school projects acquired,
28 constructed or improved for public school purposes. The purpose
29 and intent of this act being to benefit the people of the
30 Commonwealth by, among other things, increasing their commerce,
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1 health, safety and prosperity, and not to unnecessarily burden
2 or interfere with existing business by the establishment of
3 competitive enterprises, none of the powers granted by this act
4 shall be exercised in the construction, improvement,
5 maintenance, extension or operation of any project or projects
6 which in whole or in part shall duplicate or compete with
7 existing enterprises serving substantially the same purposes.
8 [This limitation shall not apply to the exercise of the powers <--
9 granted hereunder for facilities and equipment for the
10 [collection, removal or disposal of ashes, garbage, rubbish and <--
11 other refuse materials by incineration, land fill or other
12 methods, if each municipality organizing or intending to use the
13 facilities of an Authority having such powers shall declare by
14 resolution or ordinance that it is desirable for the health and
15 safety of the people of such municipality that it use the
16 facilities of the Authority, and if any contract between such
17 municipality and any other person, firm or corporation for the
18 collection, removal or disposal of ashes, garbage, rubbish and
19 other refuse material has by its terms expired or is terminable
20 at the option of the municipality or will expire within six
21 months from the date such ordinance becomes effective.]
22 RECYCLING OF SOLID WASTE. This limitation shall not apply to the <--
23 exercise of the powers granted hereunder for industrial
24 development projects if the Authority does not develop
25 industrial projects which will compete with existing industries.
26 This limitation shall also not apply to hospital projects to be
27 leased to public hospitals or nonprofit hospital corporations
28 serving the public if each municipality organizing an Authority
29 for such a project shall declare by resolution or ordinance that
30 it is desirable for the health and safety of the people in the
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1 area served by such hospital to have such facilities provided by
2 an Authority. The municipality or municipalities organizing such
3 an Authority may, in the resolution or ordinance signifying
4 their intention so to do, or from time to time by subsequent
5 resolution or ordinance, specify the project or projects to be
6 undertaken by the said Authority, and no other projects shall be
7 undertaken by the said Authority than those so specified. If the
8 municipal authorities organizing an Authority fail to specify
9 the project or projects to be undertaken, then the Authority
10 shall be deemed to have all the powers granted by this act.
11 * * *
12 Section 2. This act shall take effect in 60 days.
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