PRINTER'S NO. 988
No. 862 Session of 1985
INTRODUCED BY STEWART, HAYES, WOZNIAK, LLOYD, HALUSKA, GEIST,
PUNT, TELEK, DIETZ, JOHNSON AND FREEMAN, APRIL 15, 1985
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 15, 1985
AN ACT
1 Amending the act of August 23, 1967 (P.L.251, No.102), entitled,
2 as amended, "An act providing for the incorporation as public
3 instrumentalities of the Commonwealth and as bodies corporate
4 and politic of industrial and commercial development
5 authorities for municipalities, counties and townships;
6 prescribing the rights, powers and duties of such authorities
7 hereafter incorporated; authorizing such authorities to
8 acquire, by gift or purchase, to construct, improve and
9 maintain industrial, specialized, or commercial development
10 projects including projects for the elimination or prevention
11 of blight and the control of air and water pollution, and to
12 borrow money and issue bonds therefor; providing for the
13 payment of such bonds and giving security therefor, and
14 prescribing the rights of the holders of such bonds;
15 authorizing the lease or sale of industrial, specialized, or
16 commercial development projects to industrial, specialized,
17 or commercial enterprises; authorizing any county,
18 municipality or township to transfer or convey to such
19 authorities, any facilities or property available for
20 industrial, specialized, or commercial development projects;
21 exempting the property and securities of such authorities
22 from taxation; authorizing such authorities to enter into
23 contracts with and to accept grants from the Federal
24 Government or any agency thereof; and providing for approval
25 by the Secretary of Commerce of the proceedings relating to
26 industrial, specialized, or commercial development projects
27 of such authorities," authorizing the creation of regional
28 authorities.
29 The General Assembly of the Commonwealth of Pennsylvania
30 hereby enacts as follows:
1 Section 1. The act of August 23, 1967 (P.L.251, No.102),
2 known as the Industrial and Commercial Development Authority
3 Law, is amended by adding a section to read:
4 Section 4.1. Method of Regional Incorporation.--(a)
5 Whenever the majority of the county commissioners in each of two
6 or more contiguous counties shall desire to organize a regional
7 authority under this act, they shall each adopt a resolution or
8 ordinance signifying their intention to do so, and shall have
9 the power to select a name for the authority at their discretion
10 to identify its geographic location in this Commonwealth.
11 Thereafter, the county commissioners of each such county
12 shall cause a notice of such resolution or ordinance to be
13 published at least one time in the legal periodical of the
14 county, and at least one time in a newspaper, published and of
15 general circulation, in such county. Said notice shall contain a
16 brief statement of the substance of said resolution or
17 ordinance, including the substance of articles of incorporation
18 making reference to this act, and shall state that on a day
19 certain, not less than three days after publication of said
20 notice, articles of incorporation of the proposed authority will
21 be filed with the Secretary of the Commonwealth. The publication
22 of such notice as aforesaid shall be the only publication
23 required, any law to the contrary notwithstanding.
24 (b) On or before the day specified in said notice the county
25 commissioners shall file with the Secretary of the Commonwealth
26 articles of incorporation together with proof of publication of
27 the notice as aforesaid. Said articles of incorporation shall
28 set forth:
29 (1) The name of the authority;
30 (2) A statement that such authority is formed under this
19850H0862B0988 - 2 -
1 act;
2 (3) The names of the incorporating counties, together with
3 the names and addresses of the county commissioners;
4 (4) The names, addresses and term of office of the first
5 members of the board of said authority; and
6 (5) The term of existence of the authority which shall not
7 exceed fifty years; all of which matters shall be determined in
8 accordance with the provisions of this act. Said articles of
9 incorporation shall be executed by the county commissioners and
10 under their county seals.
11 (c) The Secretary of the Commonwealth shall forthwith, but
12 not prior to the day specified in the aforesaid notice, and when
13 all proper fees and charges have been paid, file the articles
14 and issue a certificate of incorporation, a copy of which shall
15 be delivered to the secretary. Upon the issuance of such
16 certificate of incorporation by the Secretary of the
17 Commonwealth, the corporate existence of said authority shall
18 begin. Said certificate of incorporation shall be conclusive
19 evidence of the fact that such authority has been incorporated.
20 (d) Such regional authorities shall have the power to accept
21 grants from any agency, department, corporation or
22 instrumentality heretofore or hereafter created, designated or
23 established by the Federal Government or the Commonwealth.
24 Section 2. This act shall take effect immediately.
A8L64CHF/19850H0862B0988 - 3 -