SENATE AMENDED
PRIOR PRINTER'S NOS. 2332, 2968 PRINTER'S NO. 3512
No. 1813 Session of 1985
INTRODUCED BY COHEN, WOGAN, OLIVER, FATTAH, PERZEL AND HARPER,
OCTOBER 16, 1985
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 2, 1986
AN ACT
1 Authorizing and directing the Department of General Services, <--
2 with the approval of the Governor and the Department of
3 Public Welfare, to convey to the City of Philadelphia a tract
4 of land situate in the City of Philadelphia, Pennsylvania.
5 AMENDING THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), ENTITLED <--
6 "AN ACT PROVIDING FOR AND REORGANIZING THE CONDUCT OF THE
7 EXECUTIVE AND ADMINISTRATIVE WORK OF THE COMMONWEALTH BY THE
8 EXECUTIVE DEPARTMENT THEREOF AND THE ADMINISTRATIVE
9 DEPARTMENTS, BOARDS, COMMISSIONS, AND OFFICERS THEREOF,
10 INCLUDING THE BOARDS OF TRUSTEES OF STATE NORMAL SCHOOLS, OR
11 TEACHERS COLLEGES; ABOLISHING, CREATING, REORGANIZING OR
12 AUTHORIZING THE REORGANIZATION OF CERTAIN ADMINISTRATIVE
13 DEPARTMENTS, BOARDS, AND COMMISSIONS; DEFINING THE POWERS AND
14 DUTIES OF THE GOVERNOR AND OTHER EXECUTIVE AND ADMINISTRATIVE
15 OFFICERS, AND OF THE SEVERAL ADMINISTRATIVE DEPARTMENTS,
16 BOARDS, COMMISSIONS, AND OFFICERS; FIXING THE SALARIES OF THE
17 GOVERNOR, LIEUTENANT GOVERNOR, AND CERTAIN OTHER EXECUTIVE
18 AND ADMINISTRATIVE OFFICERS; PROVIDING FOR THE APPOINTMENT OF
19 CERTAIN ADMINISTRATIVE OFFICERS, AND OF ALL DEPUTIES AND
20 OTHER ASSISTANTS AND EMPLOYES IN CERTAIN DEPARTMENTS, BOARDS,
21 AND COMMISSIONS; AND PRESCRIBING THE MANNER IN WHICH THE
22 NUMBER AND COMPENSATION OF THE DEPUTIES AND ALL OTHER
23 ASSISTANTS AND EMPLOYES OF CERTAIN DEPARTMENTS, BOARDS AND
24 COMMISSIONS SHALL BE DETERMINED," PROVIDING FOR THE TRANSFER
25 OF HAZLETON STATE GENERAL HOSPITAL; AUTHORIZING CONVEYANCES
26 OF STATE-OWNED LAND; AND MAKING EDITORIAL CHANGES.
27 The General Assembly of the Commonwealth of Pennsylvania
28 hereby enacts as follows:
29 SECTION 1. AS MUCH OF SECTION 202 AS RELATES TO THE <--
1 DEPARTMENT OF PUBLIC WELFARE OF THE ACT OF APRIL 9, 1929
2 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929, IS
3 AMENDED TO READ:
4 SECTION 202. DEPARTMENTAL ADMINISTRATIVE BOARDS,
5 COMMISSIONS, AND OFFICES.--THE FOLLOWING BOARDS, COMMISSIONS,
6 AND OFFICES ARE HEREBY PLACED AND MADE DEPARTMENTAL
7 ADMINISTRATIVE BOARDS, COMMISSIONS, OR OFFICES, AS THE CASE MAY
8 BE, IN THE RESPECTIVE ADMINISTRATIVE DEPARTMENTS MENTIONED IN
9 THE PRECEDING SECTION, AS FOLLOWS:
10 * * *
11 IN THE DEPARTMENT OF PUBLIC WELFARE,
12 BOARD OF TRUSTEES OF THE WESTERN YOUTH DEVELOPMENT
13 CENTERS,
14 BOARD OF TRUSTEES OF THE CENTRAL YOUTH DEVELOPMENT
15 CENTERS,
16 BOARD OF TRUSTEES OF THE EASTERN YOUTH DEVELOPMENT
17 CENTERS,
18 BOARD OF TRUSTEES OF ALLENTOWN STATE HOSPITAL,
19 BOARD OF TRUSTEES OF CLARKS SUMMIT STATE HOSPITAL,
20 BOARD OF TRUSTEES OF DANVILLE STATE HOSPITAL,
21 BOARD OF TRUSTEES OF EMBREEVILLE [STATE HOSPITAL]
22 CENTER,
23 BOARD OF TRUSTEES OF FARVIEW STATE HOSPITAL,
24 BOARD OF TRUSTEES OF HARRISBURG STATE HOSPITAL,
25 BOARD OF TRUSTEES OF MAYVIEW STATE HOSPITAL,
26 BOARD OF TRUSTEES OF NORRISTOWN STATE HOSPITAL,
27 BOARD OF TRUSTEES OF PHILADELPHIA STATE HOSPITAL,
28 [BOARD OF TRUSTEES OF RETREAT STATE HOSPITAL,]
29 BOARD OF TRUSTEES OF SOMERSET STATE HOSPITAL,
30 BOARD OF TRUSTEES OF WARREN STATE HOSPITAL,
19850H1813B3512 - 2 -
1 BOARD OF TRUSTEES OF WERNERSVILLE STATE HOSPITAL,
2 BOARD OF TRUSTEES OF WOODVILLE STATE HOSPITAL,
3 BOARD OF TRUSTEES OF TORRANCE STATE HOSPITAL,
4 BOARD OF TRUSTEES OF HAVERFORD STATE HOSPITAL,
5 BOARD OF TRUSTEES OF ASHLAND STATE GENERAL HOSPITAL,
6 BOARD OF TRUSTEES OF COALDALE STATE GENERAL HOSPITAL,
7 [BOARD OF TRUSTEES OF DIXMONT STATE HOSPITAL,
8 BOARD OF TRUSTEES OF HAZLETON STATE GENERAL HOSPITAL,
9 BOARD OF TRUSTEES OF LOCUST MOUNTAIN STATE GENERAL
10 HOSPITAL,]
11 BOARD OF TRUSTEES OF NANTICOKE STATE GENERAL HOSPITAL,
12 BOARD OF TRUSTEES OF PHILIPSBURG STATE GENERAL HOSPITAL,
13 BOARD OF TRUSTEES OF SCRANTON STATE GENERAL HOSPITAL,
14 BOARD OF TRUSTEES OF SHAMOKIN STATE GENERAL HOSPITAL,
15 [BOARD OF TRUSTEES OF CRESSON CENTER,]
16 BOARD OF TRUSTEES OF EBENSBURG CENTER,
17 BOARD OF TRUSTEES OF EASTERN STATE SCHOOL AND HOSPITAL,
18 BOARD OF TRUSTEES OF LAURELTON CENTER,
19 BOARD OF TRUSTEES OF PENNHURST CENTER,
20 BOARD OF TRUSTEES OF POLK CENTER,
21 BOARD OF TRUSTEES OF SELINSGROVE CENTER,
22 BOARD OF TRUSTEES OF HAMBURG CENTER,
23 BOARD OF TRUSTEES OF WESTERN CENTER,
24 BOARD OF TRUSTEES OF WHITE HAVEN CENTER,
25 BOARD OF TRUSTEES OF WOODHAVEN CENTER,
26 [BOARD OF TRUSTEES OF WESTERN RESTORATION CENTER,]
27 BOARD OF TRUSTEES OF SOUTH MOUNTAIN RESTORATION CENTER.
28 * * *
29 SECTION 2. SECTION 401 OF THE ACT, AMENDED JULY 11, 1985
30 (P.L.211, NO.55), IS AMENDED TO READ:
19850H1813B3512 - 3 -
1 SECTION 401. BOARDS OF TRUSTEES OF STATE INSTITUTIONS.--THE
2 BOARDS OF TRUSTEES OF EACH OF THE STATE INSTITUTIONS HEREINAFTER
3 MENTIONED SHALL CONSIST OF NINE MEMBERS, AND THE HEAD OF THE
4 DEPARTMENT HAVING SUPERVISION OVER THE INSTITUTION EX OFFICIO.
5 THE TERMS OF EACH MEMBER OF EACH SUCH BOARD SHALL BE SIX
6 YEARS, AND UNTIL HIS SUCCESSOR IS APPOINTED AND QUALIFIED.
7 [THE TERMS OF THE FIRST THREE MEMBERS OF ALL BOARDS, THE
8 MEMBERS OF WHICH NOW SERVE FOR TERMS OF FOUR YEARS, APPOINTED BY
9 THE GOVERNOR ON OR AFTER THE THIRD TUESDAY OF JANUARY, 1959,
10 SHALL EXPIRE ON THE THIRD TUESDAY OF JANUARY, 1961. THE TERMS OF
11 THE NEXT THREE MEMBERS APPOINTED SHALL EXPIRE ON THE THIRD
12 TUESDAY OF JANUARY, 1963. THE TERMS OF THE NEXT THREE MEMBERS
13 APPOINTED SHALL EXPIRE ON THE THIRD TUESDAY OF JANUARY, 1965.
14 THEIR SUCCESSORS AND ALL] ALL MEMBERS OF ALL BOARDS, APPOINTED
15 TO SUCCEED MEMBERS WHO HAVE SERVED SIX YEAR TERMS, SHALL BE
16 APPOINTED FOR TERMS OF SIX YEARS FROM THE DATE OF THE EXPIRATION
17 OF THE PRECEDING TERM. VACANCIES HAPPENING BEFORE THE EXPIRATION
18 OF A TERM SHALL BE FILLED FOR THE UNEXPIRED TERM.
19 FIVE MEMBERS OF ANY SUCH BOARD SHALL CONSTITUTE A QUORUM.
20 EACH SUCH BOARD SHALL ANNUALLY ELECT A PRESIDENT AND VICE-
21 PRESIDENT FROM AMONG ITS MEMBERS, AND A SECRETARY AND TREASURER
22 WHO NEED NOT BE MEMBERS OF THE BOARD. THE SECRETARY AND
23 TREASURER MAY BE THE SAME PERSON.
24 THIS SECTION SHALL APPLY TO:
25 BOARD OF TRUSTEES OF THADDEUS STEVENS STATE SCHOOL OF
26 TECHNOLOGY,
27 BOARD OF TRUSTEES OF SCRANTON STATE SCHOOL FOR THE DEAF,
28 BOARD OF TRUSTEES OF SCOTLAND SCHOOL FOR VETERANS' CHILDREN,
29 BOARD OF TRUSTEES OF PENNSYLVANIA SOLDIERS' AND SAILORS'
30 HOME,
19850H1813B3512 - 4 -
1 BOARD OF TRUSTEES OF STATE INDUSTRIAL HOME FOR WOMEN,
2 BOARD OF TRUSTEES OF THE WESTERN YOUTH DEVELOPMENT CENTERS,
3 BOARD OF TRUSTEES OF THE CENTRAL YOUTH DEVELOPMENT CENTERS,
4 BOARD OF TRUSTEES OF THE EASTERN YOUTH DEVELOPMENT CENTERS,
5 BOARD OF TRUSTEES OF ALLENTOWN STATE HOSPITAL,
6 BOARD OF TRUSTEES OF CLARKS SUMMIT STATE HOSPITAL,
7 BOARD OF TRUSTEES OF DANVILLE STATE HOSPITAL,
8 BOARD OF TRUSTEES OF EMBREEVILLE [STATE HOSPITAL]
9 CENTER,
10 BOARD OF TRUSTEES OF FARVIEW STATE HOSPITAL,
11 BOARD OF TRUSTEES OF HARRISBURG STATE HOSPITAL,
12 [BOARD OF TRUSTEES OF HOLLIDAYSBURG STATE HOSPITAL,]
13 BOARD OF TRUSTEES OF MAYVIEW STATE HOSPITAL,
14 BOARD OF TRUSTEES OF NORRISTOWN STATE HOSPITAL,
15 BOARD OF TRUSTEES OF PHILADELPHIA STATE HOSPITAL,
16 [BOARD OF TRUSTEES OF RETREAT STATE HOSPITAL,]
17 BOARD OF TRUSTEES OF SOMERSET STATE HOSPITAL,
18 BOARD OF TRUSTEES OF WARREN STATE HOSPITAL,
19 BOARD OF TRUSTEES OF WERNERSVILLE STATE HOSPITAL,
20 BOARD OF TRUSTEES OF WOODVILLE STATE HOSPITAL,
21 BOARD OF TRUSTEES OF TORRANCE STATE HOSPITAL,
22 BOARD OF TRUSTEES OF HAVERFORD STATE HOSPITAL,
23 BOARD OF TRUSTEES OF ASHLAND STATE GENERAL HOSPITAL,
24 BOARD OF TRUSTEES OF COALDALE STATE GENERAL HOSPITAL,
25 [BOARD OF TRUSTEES OF DIXMONT STATE HOSPITAL,
26 BOARD OF TRUSTEES OF HAZLETON STATE GENERAL HOSPITAL,
27 BOARD OF TRUSTEES OF LOCUST MOUNTAIN STATE GENERAL HOSPITAL,]
28 BOARD OF TRUSTEES OF NANTICOKE STATE GENERAL HOSPITAL,
29 BOARD OF TRUSTEES OF PHILIPSBURG STATE GENERAL HOSPITAL,
30 BOARD OF TRUSTEES OF SCRANTON STATE GENERAL HOSPITAL,
19850H1813B3512 - 5 -
1 BOARD OF TRUSTEES OF SHAMOKIN STATE GENERAL HOSPITAL,
2 [BOARD OF TRUSTEES OF CRESSON STATE SCHOOL AND HOSPITAL,]
3 BOARD OF TRUSTEES OF EBENSBURG [STATE SCHOOL AND HOSPITAL]
4 CENTER,
5 BOARD OF TRUSTEES OF EASTERN STATE SCHOOL AND HOSPITAL,
6 BOARD OF TRUSTEES OF LAURELTON [STATE SCHOOL AND HOSPITAL]
7 CENTER,
8 BOARD OF TRUSTEES OF PENNHURST [STATE SCHOOL AND HOSPITAL]
9 CENTER,
10 BOARD OF TRUSTEES OF POLK [STATE SCHOOL AND HOSPITAL] CENTER,
11 BOARD OF TRUSTEES OF SELINSGROVE [STATE SCHOOL AND HOSPITAL]
12 CENTER,
13 BOARD OF TRUSTEES OF HAMBURG [STATE SCHOOL AND HOSPITAL]
14 CENTER,
15 BOARD OF TRUSTEES OF WESTERN [STATE SCHOOL AND HOSPITAL]
16 CENTER,
17 BOARD OF TRUSTEES OF WHITE HAVEN [STATE SCHOOL AND HOSPITAL]
18 CENTER,
19 [BOARD OF TRUSTEES OF EASTERN MENTAL HEALTH CENTER,
20 BOARD OF TRUSTEES OF THE WESTERN RESTORATION CENTERS,]
21 BOARD OF TRUSTEES OF WOODHAVEN CENTER,
22 BOARD OF TRUSTEES OF THE [CENTRAL] SOUTH MOUNTAIN
23 RESTORATION CENTERS[,
24 BOARD OF TRUSTEES OF THE EASTERN RESTORATION CENTERS].
25 SECTION 3. (A) THE DEPARTMENT OF GENERAL SERVICES, THE
26 BOARD OF TRUSTEES OF HAZLETON STATE GENERAL HOSPITAL AND THE
27 GENERAL STATE AUTHORITY, WITH THE APPROVAL OF THE GOVERNOR AND
28 THE DEPARTMENT OF PUBLIC WELFARE, ARE HEREBY AUTHORIZED AND
29 DIRECTED ON BEHALF OF THE COMMONWEALTH OF PENNSYLVANIA TO GRANT
30 AND CONVEY TO NORTHEASTERN PENNSYLVANIA HEALTH CORPORATION, A
19850H1813B3512 - 6 -
1 NONPROFIT, NONSTOCK CORPORATION ORGANIZED AND OPERATING IN THIS
2 COMMONWEALTH, IN CONSIDERATION OF THE AGREEMENT OF NORTHEASTERN
3 PENNSYLVANIA HEALTH CORPORATION TO USE SUCH PROPERTIES IN THE
4 OPERATION OF A HOSPITAL, THE FOLLOWING TRACTS OF LAND SITUATE IN
5 THE CITY OF HAZLETON, LUZERNE COUNTY, TOGETHER WITH ANY AND ALL
6 BUILDINGS AND IMPROVEMENTS NOW OR HEREAFTER LOCATED ON OR AT, OR
7 USED IN CONNECTION WITH, THE PROPERTY DESCRIBED IN THIS SECTION,
8 INCLUDING, WITHOUT LIMITATION, THE FIXTURES, ATTACHMENTS,
9 APPLIANCES, EQUIPMENT, MACHINERY AND ALL OTHER ARTICLES OWNED BY
10 THE COMMONWEALTH ATTACHED TO SUCH BUILDINGS AND IMPROVEMENTS,
11 WHICH LANDS, BUILDINGS AND IMPROVEMENTS ARE PRESENTLY UTILIZED
12 IN THE OPERATION OF THE HAZLETON STATE GENERAL HOSPITAL, BOUNDED
13 AND DESCRIBED AS FOLLOWS:
14 TRACT NO. 1
15 BEGINNING AT THE SOUTHEASTERLY CORNER OF THE LANDS CONVEYED
16 BY DEED, DATED MARCH 14, 1889, FROM THE LEHIGH VALLEY RAILROAD
17 COMPANY TO THE COMMONWEALTH OF PENNSYLVANIA, BEING THE
18 SOUTHEASTERLY CORNER OF THE LANDS OCCUPIED AND FENCED IN BY THE
19 STATE HOSPITAL; THENCE (1) SOUTH 28 DEGREES EACH 225 FEET TO A
20 STAKE AND STONES; THENCE (2) SOUTH 70 DEGREES 18 MINUTES WEST
21 803.02 FEET TO STAKE AND STONES; THENCE (3) NORTH 19 DEGREES 32
22 MINUTES WEST 225 FEET TO THE SOUTHWESTERLY CORNER OF THE LAND
23 CONVEYED BY THE ABOVE MENTIONED DEED, DATED MARCH 14, 1889,
24 BEING THE SOUTHWESTERLY CORNER OF LAND OCCUPIED AND FENCED IN BY
25 THE STATE HOSPITAL; THENCE (4) ALONG THE SOUTHERLY LINE OF LANDS
26 CONVEYED BY THE ABOVE MENTIONED DEED DATED MARCH 14, 1889, NORTH
27 70 DEGREES 28 MINUTES EAST 770 FEET TO THE PLACE OF BEGINNING.
28 CONTAINING APPROXIMATELY 4.04 ACRES.
29 BEING THE SAME PREMISES CONVEYED TO THE TRUSTEES OF THE STATE
30 HOSPITAL OF THE MIDDLE COAL FIELD OF PENNSYLVANIA BY THE LEHIGH
19850H1813B3512 - 7 -
1 VALLEY COAL COMPANY, A PENNSYLVANIA CORPORATION, BY DEED DATED
2 MARCH 9, 1910 AND RECORDED MAY 10, 1910, IN LUZERNE COUNTY,
3 PENNSYLVANIA, DEED BOOK 446, PAGE 240.
4 TRACT NO. 2
5 BEING THOSE TWO CERTAIN PARCELS SITUATED IN THE CITY OF
6 HAZLETON, LUZERNE COUNTY, BOUNDED AND DESCRIBED AS FOLLOWS:
7 BEGINNING AT A CORNER, THE INTERSECTION OF THE EASTERLY SIDE
8 OF EAST STREET AND THE SOUTHERLY SIDE OF MINE STREET; THENCE
9 ALONG THE SOUTHERLY SIDE OF MINE STREET SOUTH 53 DEGREES EAST
10 150 FEET, MORE OR LESS, TO A POINT IN THE WESTERLY RIGHT-OF-WAY
11 LINE OF THE LEHIGH VALLEY RAILROAD COMPANY'S SO-CALLED "HOSPITAL
12 BRANCH"; THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 43 DEGREES 30
13 MINUTES WEST 418 FEET TO THE NORTHERLY SIDE OF A PROPOSED
14 STREET; THENCE ALONG SAID PROPOSED STREET NORTH 21 DEGREES 54
15 MINUTES WEST 30 FEET, MORE OR LESS, TO A POINT IN THE EASTERLY
16 SIDE OF EAST STREET; THENCE ALONG SAME NORTH 25 DEGREES 30
17 MINUTES EAST 406 FEET, MORE OR LESS, TO THE PLACE OF BEGINNING.
18 CONTAINING APPROXIMATELY 0.82 ACRE.
19 TRACT NO. 3
20 BEGINNING AT A POINT, THE SOUTHEASTERLY CORNER OF LAND
21 CONVEYED TO JAMES G. WALKER AND WIFE BY DEED DATED JUNE 27,
22 1950, RECORDED IN LUZERNE COUNTY IN DEED BOOK 830, PAGE 171,
23 SAID POINT BEING ALSO IN THE WESTERLY SIDE OF A PROPOSED STREET;
24 THENCE ALONG SAID PROPOSED STREET SOUTH 68 DEGREES 06 MINUTES
25 WEST 400 FEET, MORE OR LESS, TO A POINT, THE INTERSECTION OF THE
26 PROPOSED STREET AND THE EASTERLY RIGHT-OF-WAY LINE OF THE LEHIGH
27 VALLEY RAILROAD COMPANY'S SO-CALLED "HOSPITAL BRANCH"; THENCE
28 ALONG SAID RIGHT-OF-WAY LINE NORTH 43 DEGREES 30 MINUTES EAST
29 375 FEET, MORE OR LESS, TO A POINT IN LANDS CONVEYED TO JAMES G.
30 WALKER AND WIFE BY DEED DATED SEPTEMBER 18, 1951, (NOT
19850H1813B3512 - 8 -
1 RECORDED); THENCE ALONG SAID WALKER LANDS SOUTH 53 DEGREES EAST
2 127 FEET, MORE OR LESS, TO THE SOUTHWESTERLY CORNER OF SAID
3 WALKER LANDS FIRST MENTIONED; THENCE ALONG SAME SOUTH 22 DEGREES
4 30 MINUTES EAST 55 FEET, MORE OR LESS, TO THE PLACE OF
5 BEGINNING.
6 CONTAINING APPROXIMATELY 0.80 ACRE.
7 BEING THE SAME PROPERTY CONVEYED TO THE COMMONWEALTH OF
8 PENNSYLVANIA BY LEHIGH VALLEY COAL COMPANY, A PENNSYLVANIA
9 CORPORATION, BY DEED DATED JANUARY 29, 1953, AND RECORDED IN
10 LUZERNE COUNTY, PENNSYLVANIA, DEED BOOK 1191, PAGE 75.
11 TRACT NO. 4
12 BEGINNING AT A POINT IN THE SOUTHERLY LINE OF MINE STREET
13 WHERE THE SAME IS INTERSECTED BY THE NORTHWESTERLY LINE OF LANDS
14 OF LEHIGH VALLEY RAILROAD COMPANY (FORMERLY OCCUPIED BY THE
15 "HOSPITAL BRANCH" OF THE LEHIGH VALLEY RAILROAD); THENCE THE
16 FOLLOWING SEVEN COURSES: (1) SOUTH 54 DEGREES EAST ALONG THE
17 SAID SOUTHERLY LINE OF MINE STREET, A DISTANCE OF 33 FEET TO ITS
18 INTERSECTION WITH THE EASTERLY LINE OF EAST STREET; (2) NORTH 36
19 DEGREES EAST ALONG THE SAID EASTERLY LINE OF EAST STREET, A
20 DISTANCE OF 30 FEET TO A POINT; (3) SOUTH 54 DEGREES EAST
21 THROUGH LANDS OF LEHIGH VALLEY RAILROAD COMPANY, A DISTANCE OF
22 32.18 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF LANDS OF THE
23 LEHIGH VALLEY RAILROAD COMPANY; (4) SOUTH 44 DEGREES 33 MINUTES
24 WEST ALONG THE SAID SOUTHEASTERLY LINE OF LANDS OF THE LEHIGH
25 VALLEY RAILROAD COMPANY, A DISTANCE OF 394.347 FEET TO A POINT
26 IN THE NORTHERLY LINE OF A PROPOSED STREET; (5) SOUTH 69 DEGREES
27 54 MINUTES WEST ALONG THE SAID NORTHERLY LINE OF SAID PROPOSED
28 STREET, A DISTANCE OF 84.44 FEET TO A POINT IN THE EASTERLY LINE
29 OF ANOTHER PROPOSED STREET; (6) NORTH 20 DEGREES 06 MINUTES WEST
30 ALONG THE SAID EASTERLY LINE OF THE LATTER PROPOSED STREET, A
19850H1813B3512 - 9 -
1 DISTANCE OF 26.39 FEET TO A POINT IN THE AFORESAID NORTHWESTERLY
2 LINE OF LANDS OF THE LEHIGH VALLEY RAILROAD COMPANY; (7) NORTH
3 44 DEGREES 33 MINUTES EAST ALONG THE SAID NORTHWESTERLY LINE OF
4 LANDS OF THE LEHIGH VALLEY RAILROAD COMPANY, A DISTANCE OF 420
5 FEET TO THE POINT OR PLACE OF BEGINNING.
6 CONTAINING APPROXIMATELY 0.586 ACRE.
7 BEING THE SAME PREMISES CONVEYED TO THE COMMONWEALTH OF
8 PENNSYLVANIA BY LEHIGH VALLEY RAILROAD COMPANY, A PENNSYLVANIA
9 CORPORATION, BY DEED DATED APRIL 27, 1953, AND RECORDED IN
10 LUZERNE COUNTY, PENNSYLVANIA, DEED BOOK 1203, PAGE 529.
11 TRACT NO. 5
12 BEGINNING AT A POINT AT A DISTANCE OF 122.75 FEET ON A COURSE
13 OF SOUTH 40 DEGREES 47 MINUTES EAST FROM THE NORTHWEST CORNER OF
14 EAST STREET AND JUNIPER STREET; THENCE SOUTH 21 DEGREES 52
15 MINUTES EAST FOR A DISTANCE OF 450 FEET TO A POINT; THENCE NORTH
16 68 DEGREES 06 MINUTES EAST FOR A DISTANCE OF 770 FEET TO A POINT
17 ON THE WEST SIDE OF THE SUSQUEHANNA AND LEHIGH TURNPIKE; THENCE
18 BY THE WEST SIDE OF THE SUSQUEHANNA AND LEHIGH TURNPIKE NORTH 30
19 DEGREES 48 MINUTES WEST FOR A DISTANCE OF 455.41 FEET TO A
20 POINT; THENCE SOUTH 68 DEGREES 06 MINUTES WEST FOR A DISTANCE OF
21 700 FEET TO THE PLACE OF BEGINNING.
22 CONTAINING APPROXIMATELY 7.592 ACRES.
23 BEING THE SAME PREMISES CONVEYED TO THE COMMONWEALTH OF
24 PENNSYLVANIA BY LEHIGH VALLEY RAILROAD COMPANY BY DEED DATED
25 MARCH 14, 1889, AND RECORDED APRIL 8, 1907 IN LUZERNE COUNTY,
26 PENNSYLVANIA, DEED BOOK 439, PAGE 474.
27 (B) THE DEED OF CONVEYANCE SHALL CONVEY ANY AND ALL
28 TENEMENTS, HEREDITAMENTS, AND APPURTENANCES BELONGING TO THE
29 PROPERTY, BUILDINGS AND IMPROVEMENTS DESCRIBED IN THIS SECTION
30 OR IN ANY WAY PERTAINING THERETO, AND ALL STREETS, ALLEYS,
19850H1813B3512 - 10 -
1 PASSAGES, WAYS, WATER COURSES, WATER RIGHTS, AND ALL LEASEHOLD
2 ESTATES, EASEMENTS, AND COVENANTS NOW EXISTING OR HEREAFTER
3 CREATED FOR THE BENEFIT OF THE OWNER OR TENANT OF THE PROPERTY
4 DESCRIBED IN THIS SECTION AND ALL RIGHTS TO ENFORCE THE
5 MAINTENANCE OF SUCH PROPERTY, AND ALL OTHER RIGHTS, LIBERTIES,
6 AND PRIVILEGES OF WHATSOEVER KIND OR CHARACTER, AND ALL THE
7 ESTATE, RIGHT, TITLE, INTEREST, PROPERTY, POSSESSION, CLAIM AND
8 DEMAND WHATSOEVER, AT LAW OR IN EQUITY, OF THE COMMONWEALTH IN
9 AND TO THE PROPERTY, BUILDINGS AND IMPROVEMENTS DESCRIBED IN
10 THIS SECTION.
11 (C) NORTHEASTERN PENNSYLVANIA HEALTH CORPORATION SHALL
12 PERFORM A LEGAL SURVEY OF ALL THE PROPERTIES AUTHORIZED TO BE
13 CONVEYED BY THIS ACT. THE LEGAL DESCRIPTION RESULTING FROM THE
14 LEGAL SURVEY SHALL BE PLACED IN THE DEED OR DEEDS OF CONVEYANCE
15 AUTHORIZED BY THIS SECTION.
16 (D) THE GENERAL ASSEMBLY HAS APPROPRIATED FUNDS FOR PAYMENT
17 OF RENTAL CHARGES ON BEHALF OF HAZLETON STATE GENERAL HOSPITAL
18 TO THE GENERAL STATE AUTHORITY TO RELEASE ALL PROPERTY
19 AUTHORIZED TO BE CONVEYED IN THIS SECTION FROM ALL LIENS AND
20 ENCUMBRANCES IN FAVOR OF THE GENERAL STATE AUTHORITY IN ORDER TO
21 COMPLETE THE TRANSFER OF HAZLETON STATE GENERAL HOSPITAL TO
22 PRIVATE OWNERSHIP.
23 (E) THE DEPARTMENT OF GENERAL SERVICES, THE BOARD OF
24 TRUSTEES OF HAZLETON STATE GENERAL HOSPITAL AND THE GENERAL
25 STATE AUTHORITY, WITH THE APPROVAL OF THE GOVERNOR AND THE
26 DEPARTMENT OF PUBLIC WELFARE, ARE HEREBY AUTHORIZED AND DIRECTED
27 ON BEHALF OF THE COMMONWEALTH OF PENNSYLVANIA TO GRANT AND
28 CONVEY TO NORTHEASTERN PENNSYLVANIA HEALTH CORPORATION, IN
29 CONSIDERATION OF THE AGREEMENT OF NORTHEASTERN PENNSYLVANIA
30 HEALTH CORPORATION TO USE SUCH PROPERTY IN THE OPERATION OF A
19850H1813B3512 - 11 -
1 HOSPITAL, ALL RIGHT, TITLE AND INTEREST OF THE COMMONWEALTH IN
2 AND TO ALL TANGIBLE AND INTANGIBLE PERSONAL PROPERTY OF ANY
3 NATURE WHATSOEVER OWNED BY THE COMMONWEALTH, PRESENTLY UTILIZED
4 IN THE OPERATION OF HAZLETON STATE GENERAL HOSPITAL, INCLUDING,
5 BUT NOT LIMITED TO, FURNISHINGS, EQUIPMENT, VEHICLES,
6 INVENTORIES, BUSINESS RECORDS AND PATIENT RECORDS, ATTACHED TO,
7 OR LOCATED IN, ON OR AT, OR USED IN CONNECTION WITH THE
8 PROPERTY, BUILDINGS AND EQUIPMENT DESCRIBED IN THIS SECTION,
9 WHETHER OR NOT SUCH PERSONAL PROPERTY IS OR SHALL BE AFFIXED TO
10 ANY SUCH PROPERTY, BUILDINGS OR IMPROVEMENTS.
11 (F) THE CONVEYANCES AUTHORIZED UNDER THIS SECTION SHALL BE
12 EXEMPT FROM TAXES, IMPOSTS OR OTHER FEES AND COSTS TO THE EXTENT
13 THAT SUCH TAXES, IMPOSTS, FEES AND COSTS ARE IMPOSED BY THE
14 COMMONWEALTH OR BY ANY LOCAL TAXING AUTHORITY.
15 (G) THE CONVEYANCES DESCRIBED IN THIS SECTION SHALL BE MADE
16 UNDER AND SUBJECT TO ALL EASEMENTS, SERVITUDES AND RIGHTS OF
17 OTHERS, INCLUDING, BUT NOT CONFINED TO, STREETS, ROADWAYS AND
18 RIGHTS OF ANY TELEPHONE, TELEGRAPH, WATER, ELECTRIC, SEWER, GAS
19 OR PIPELINE COMPANIES AS WELL AS UNDER AND SUBJECT TO INTEREST,
20 ESTATES OR TENANCIES VESTED IN THIRD PERSONS, WHETHER OR NOT
21 APPEARING OF RECORD, FOR ANY PORTION OF THE LAND OR IMPROVEMENTS
22 ERECTED THEREON.
23 (H) THE DEEDS OF CONVEYANCE OF THE PROPERTY DESCRIBED IN
24 THIS SECTION SHALL BE APPROVED AS PROVIDED BY LAW AND SHALL BE
25 EXECUTED BY THE PRESIDENT OF THE GENERAL STATE AUTHORITY AND BY
26 THE SECRETARY OF GENERAL SERVICES IN THE NAME OF THE
27 COMMONWEALTH OF PENNSYLVANIA, AND SHALL BE EXECUTED BY A DULY
28 AUTHORIZED AGENT OF THE BOARD OF TRUSTEES OF HAZLETON STATE
29 GENERAL HOSPITAL, WHO IS HEREBY AUTHORIZED AND DIRECTED TO JOIN
30 IN SUCH DEEDS FOR THE PURPOSE OF TRANSFERRING SUCH REMAINING
19850H1813B3512 - 12 -
1 INTEREST IN THE PROPERTIES DESCRIBED IN THIS SECTION AS SHALL BE
2 VESTED AS OF THE TIME OF EXECUTION OF SUCH DEEDS IN THE
3 REMAINING MEMBERS OF THE BOARD OF TRUSTEES OF HAZLETON STATE
4 GENERAL HOSPITAL.
5 (I) AS OF THE DATE OF THE CONVEYANCES OF PROPERTY AUTHORIZED
6 BY THIS SECTION, MANAGEMENT AND LEGAL CONTROL OF THE AFFAIRS OF
7 HAZLETON STATE GENERAL HOSPITAL, INCLUDING, WITHOUT LIMITATION,
8 SERVICES, ADMINISTRATION, PERSONNEL AND OTHER FUNCTIONS, SHALL
9 BE TRANSFERRED AND VESTED IN NORTHEASTERN PENNSYLVANIA HEALTH
10 CORPORATION, WHICH MAY EXERCISE BY LAW WITH RESPECT TO HAZLETON
11 STATE GENERAL HOSPITAL ALL OF THE POWERS, RIGHTS AND FRANCHISES
12 VESTED BY LAW IN NONPROFIT, NONSTOCK CORPORATIONS UNDER THE LAWS
13 OF THIS COMMONWEALTH.
14 (J) ANY GIFT, GRANT OR DONATION OF ANY KIND WHATSOEVER, OR
15 ANY BEQUEST, DEVISE, GIFT OR GRANT CONTAINED IN ANY WILL OR
16 OTHER INSTRUMENT, IN TRUST OR OTHERWISE, MADE TO OR FOR THE
17 BENEFIT OF HAZLETON STATE GENERAL HOSPITAL BEFORE OR AFTER THE
18 CONVEYANCES AUTHORIZED BY THIS ACT SHALL INURE TO THE BENEFIT OF
19 NORTHEASTERN PENNSYLVANIA HEALTH CORPORATION AND MAY BE USED BY
20 NORTHEASTERN PENNSYLVANIA HEALTH CORPORATION FOR ANY PURPOSES
21 THAT SHALL BE CONSISTENT WITH ANY CONDITIONS, RESTRICTIONS OR
22 LIMITATIONS IMPOSED BY THE MAKER OF SUCH GIFT, GRANT, DONATION,
23 BEQUEST OR DEVISE.
24 (K) THE DEEDS OF CONVEYANCE AUTHORIZED BY THIS SECTION SHALL
25 CONTAIN CLAUSES THAT THE CONVEYANCE OF PROPERTIES SHALL BE
26 EXPRESSLY CONDITIONED UPON COMPLIANCE BY NORTHEASTERN
27 PENNSYLVANIA HEALTH CORPORATION WITH TERMS AND CONDITIONS SET
28 FORTH IN THIS SECTION. SUCH DEEDS SHALL PROVIDE THAT IF, AT ANY
29 TIME, NORTHEASTERN PENNSYLVANIA HEALTH CORPORATION, OR ITS
30 SUCCESSOR FAILS TO COMPLY WITH ANY OF THE CONDITIONS SPECIFIED
19850H1813B3512 - 13 -
1 IN THIS SECTION, THE TITLE TO SUCH PROPERTY SHALL IMMEDIATELY
2 REVERT TO AND REVEST IN THE COMMONWEALTH OF PENNSYLVANIA,
3 SUBJECT TO SUCH TERMS AND CONDITIONS AS SHALL BE MUTUALLY AGREED
4 TO BETWEEN THE DEPARTMENT OF PUBLIC WELFARE AND NORTHEASTERN
5 PENNSYLVANIA HEALTH CORPORATION:
6 (1) NORTHEASTERN PENNSYLVANIA HEALTH CORPORATION SHALL
7 PROVIDE UNCOMPENSATED CARE, INCLUDING INDIGENT CARE, IN
8 REASONABLE AMOUNTS TO PERSONS UNABLE TO PAY THE COST THEREOF,
9 AND TO THE EXTENT FINANCIALLY FEASIBLE FOR NORTHEASTERN
10 PENNSYLVANIA HEALTH CORPORATION.
11 (2) IN THE EVENT THAT UNFORESEEN EVENTS REQUIRE THAT ALL
12 OR A SUBSTANTIAL PORTION OF THE HOSPITAL FACILITIES PRESENTLY
13 OPERATED AS HAZLETON STATE GENERAL HOSPITAL BE CLOSED BY
14 NORTHEASTERN PENNSYLVANIA HEALTH CORPORATION, OR ITS
15 SUCCESSORS, MORE THAN SIX YEARS AFTER THE DATE OF THE
16 CONVEYANCES AUTHORIZED BY THIS ACT, NORTHEASTERN PENNSYLVANIA
17 HEALTH CORPORATION, OR ITS SUCCESSORS, SHALL PROVIDE NOT LESS
18 THAN 120 DAYS' WRITTEN NOTICE PRIOR TO THE PROPOSED DATE OF
19 CLOSING OF THE HOSPITAL TO THE DEPARTMENT OF PUBLIC WELFARE,
20 THE PRESIDENT PRO TEMPORE OF THE SENATE AND THE SPEAKER OF
21 THE HOUSE OF REPRESENTATIVES, AND SHALL MAKE GOOD FAITH
22 EFFORTS TO OBTAIN A SUCCESSOR OWNER AND OPERATOR FOR THE
23 HOSPITAL FACILITIES. IN THE EVENT THAT NORTHEASTERN
24 PENNSYLVANIA HEALTH CORPORATION IDENTIFIES A SUCCESSOR OWNER
25 AND OPERATOR FOR THE HOSPITAL FACILITY, NORTHEASTERN
26 PENNSYLVANIA HEALTH CORPORATION SHALL PROVIDE WRITTEN NOTICE
27 OF THE IDENTITY OF SUCH SUCCESSOR OWNER AND OPERATOR TO THE
28 DEPARTMENT OF PUBLIC WELFARE NOT LESS THAN 90 DAYS PRIOR TO
29 THE PROPOSED DATE OF TRANSFER OF OWNERSHIP AND OPERATION OF
30 THE HOSPITAL FACILITIES. THE DEPARTMENT OF PUBLIC WELFARE OR
19850H1813B3512 - 14 -
1 THE GENERAL ASSEMBLY, BY ADOPTION OF A CONCURRENT RESOLUTION
2 OF DISAPPROVAL, SHALL HAVE THE AUTHORITY TO DISAPPROVE SUCH
3 SUCCESSOR OWNER AND OPERATOR BY WRITTEN NOTICE PROVIDED TO
4 NORTHEASTERN PENNSYLVANIA HEALTH CORPORATION NOT MORE THAN 60
5 DAYS AFTER THE GIVING OF SUCH NOTICE OF DISPOSITION BY
6 NORTHEASTERN PENNSYLVANIA HEALTH CORPORATION, IN WHICH CASE
7 SUCH TRANSFERS SHALL NOT OCCUR, OR SHALL BE NULL AND VOID. IN
8 THE EVENT THAT NORTHEASTERN PENNSYLVANIA HEALTH CORPORATION
9 IS UNSUCCESSFUL IN IDENTIFYING A SUCCESSOR OWNER AND
10 OPERATOR, OR IN THE EVENT THAT THE DEPARTMENT OF PUBLIC
11 WELFARE OR THE GENERAL ASSEMBLY DISAPPROVES THE PROPOSED
12 TRANSFER TO THE SUCCESSOR OWNER AND OPERATOR, THE DEPARTMENT
13 OF PUBLIC WELFARE SHALL BE AUTHORIZED TO DESIGNATE A
14 SUCCESSOR OWNER AND OPERATOR TO WHOM NORTHEASTERN
15 PENNSYLVANIA HEALTH CORPORATION SHALL TRANSFER THE PROPERTIES
16 DESCRIBED IN THIS SECTION WITHIN 30 DAYS' WRITTEN DESIGNATION
17 OF SUCH SUCCESSOR OWNER AND OPERATOR BEING PROVIDED TO
18 NORTHEASTERN PENNSYLVANIA HEALTH CORPORATION BY THE
19 DEPARTMENT OF PUBLIC WELFARE PRIOR TO THE PROPOSED DATE OF
20 CLOSING. THE REVERTER AUTHORIZED BY THIS SECTION SHALL OCCUR
21 ONLY AFTER:
22 (I) NORTHEASTERN PENNSYLVANIA HEALTH CORPORATION
23 PROPOSES TO CLOSE ALL OR A SUBSTANTIAL PORTION OF THE
24 HOSPITAL FACILITIES AND EITHER IS:
25 (A) UNSUCCESSFUL IN IDENTIFYING A SUCCESSOR
26 OWNER AND OPERATOR FOR THE HOSPITAL FACILITIES; OR
27 (B) DESIGNATES A SUCCESSOR OWNER AND OPERATOR
28 THAT IS DISAPPROVED BY THE DEPARTMENT OF PUBLIC
29 WELFARE OR THE GENERAL ASSEMBLY; AND
30 (II) THE DEPARTMENT OF PUBLIC WELFARE DOES NOT
19850H1813B3512 - 15 -
1 DESIGNATE A SUCCESSOR OWNER AND OPERATOR PRIOR TO THE
2 PROPOSED DATE OF CLOSING.
3 (3) IN THE EVENT OF A SALE OR OTHER DISPOSITION BY
4 NORTHEASTERN PENNSYLVANIA HEALTH CORPORATION OF ALL OR
5 SUBSTANTIALLY ALL THE PROPERTIES DESCRIBED IN THIS SECTION
6 (INCLUDING, WITHOUT LIMITATION, THROUGH MERGER,
7 CONSOLIDATION, LEASE OR TRANSFER OF CORPORATE MEMBERSHIP) FOR
8 AN AMOUNT EQUALLING OR EXCEEDING FAIR MARKET VALUE AS
9 DETERMINED BY THREE OR FEWER PERSONS EXPERT IN ASSESSING THE
10 VALUE OF HEALTH CARE INSTITUTIONS, SUCH PERSON OR PERSONS TO
11 BE MUTUALLY AGREED TO BY THE DEPARTMENT OF PUBLIC WELFARE AND
12 NORTHEASTERN PENNSYLVANIA HEALTH CORPORATION, THE NET
13 PROCEEDS OF SUCH DISPOSITION SHALL BE USED AS FOLLOWS:
14 (I) IF THE SALE OR OTHER DISPOSITION OCCURS WITHIN
15 THREE YEARS OF THE DATE OF CONVEYANCE OF THE PROPERTIES
16 AUTHORIZED BY THIS SECTION, THE ENTIRE AMOUNT OF SUCH
17 PROCEEDS SHALL BE PAID OVER TO THE COMMONWEALTH BY
18 NORTHEASTERN PENNSYLVANIA HEALTH CORPORATION WITHIN 180
19 DAYS OF SUCH DISPOSITION TO BE USED EXCLUSIVELY FOR
20 CHARITABLE, EDUCATIONAL AND SCIENTIFIC PURPOSES.
21 (II) IF THE SALE OR OTHER DISPOSITION OCCURS MORE
22 THAN THREE YEARS BUT LESS THAN SIX YEARS AFTER THE DATE
23 OF THE CONVEYANCE OF PROPERTIES AUTHORIZED BY THIS
24 SECTION, ONE-HALF OF THE NET PROCEEDS SHALL BE PAID OVER
25 TO THE COMMONWEALTH BY NORTHEASTERN PENNSYLVANIA HEALTH
26 CORPORATION WITHIN 180 DAYS OF SUCH DISPOSITION TO BE
27 USED EXCLUSIVELY FOR CHARITABLE, EDUCATIONAL AND
28 SCIENTIFIC PURPOSES. THE REMAINING ONE-HALF OF SUCH NET
29 PROCEEDS SHALL BE PAID OVER BY NORTHEASTERN PENNSYLVANIA
30 HEALTH CORPORATION TO ONE OR MORE CHARITABLE
19850H1813B3512 - 16 -
1 ORGANIZATIONS DESIGNATED BY NORTHEASTERN PENNSYLVANIA
2 HEALTH CORPORATION AND DESCRIBED IN SECTION 501(C)(3) OF
3 THE INTERNAL REVENUE CODE OF 1954 (68A STAT. 3, 26 U.S.C.
4 § 501(C)(3)) TO BE USED EXCLUSIVELY FOR CHARITABLE
5 PURPOSES RELATED TO THE PROVISION AND PROMOTION OF HEALTH
6 SERVICES IN HAZLETON AND SURROUNDING COMMUNITIES.
7 (III) IF THE SALE OR OTHER DISPOSITION OCCURS MORE
8 THAN SIX YEARS AFTER THE DATE OF THE CONVEYANCE OF
9 PROPERTIES AUTHORIZED BY THIS SECTION, THE ENTIRE AMOUNT
10 OF SUCH PROCEEDS SHALL BE PAID OVER BY NORTHEASTERN
11 PENNSYLVANIA HEALTH CORPORATION TO ONE OR MORE CHARITABLE
12 ORGANIZATIONS DESIGNATED BY NORTHEASTERN PENNSYLVANIA
13 HEALTH CORPORATION AND DESCRIBED IN SECTION 501(C)(3) OF
14 THE INTERNAL REVENUE CODE OF 1954, AND USED EXCLUSIVELY
15 FOR CHARITABLE PURPOSES RELATED TO THE PROVISION AND
16 PROMOTION OF HEALTH SERVICES IN HAZLETON AND SURROUNDING
17 COMMUNITIES.
18 (4) IN THE EVENT OF A SALE OR OTHER DISPOSITION BY
19 NORTHEASTERN PENNSYLVANIA HEALTH CORPORATION OF ALL OR
20 SUBSTANTIALLY ALL THE PROPERTIES DESCRIBED IN THIS SECTION
21 (INCLUDING, WITHOUT LIMITATION, THROUGH MERGER,
22 CONSOLIDATION, LEASE OR TRANSFER OF CORPORATE MEMBERSHIP) FOR
23 LESS THAN FAIR MARKET VALUE AS DETERMINED BY THREE OR FEWER
24 PERSONS EXPERT AT ASSESSING THE VALUE OF HEALTH CARE
25 INSTITUTIONS, SUCH PERSONS TO BE MUTUALLY AGREED TO BY THE
26 DEPARTMENT OF PUBLIC WELFARE AND NORTHEASTERN PENNSYLVANIA
27 HEALTH CORPORATION, NORTHEASTERN PENNSYLVANIA HEALTH
28 CORPORATION SHALL REQUIRE ANY SUCCESSOR OWNER OR OPERATOR OF
29 SUCH PROPERTY TO AGREE TO CONDITIONS SUBSTANTIALLY SIMILAR TO
30 THOSE CONTAINED IN PARAGRAPHS (1), (2) AND (3), AND TO AGREE
19850H1813B3512 - 17 -
1 THAT SUCH SUCCESSORS SHALL OBTAIN THE AGREEMENT OF ANY
2 SUBSEQUENT SUCCESSOR TO CONFORM TO THE CONDITIONS IMPOSED IN
3 THIS PARAGRAPH AND PARAGRAPHS (1), (2) AND (3), AS A
4 CONDITION OF TRANSFER OF THE PROPERTY DESCRIBED IN THIS
5 SECTION; AND, FURTHERMORE, ALL OF THE NET PROCEEDS OF SUCH
6 DISPOSITION SHALL BE PAID IN THE SAME MANNER PROVIDED IN
7 PARAGRAPHS (3)(I) THROUGH (III).
8 (5) FOR A PERIOD OF SIX YEARS AFTER THE DATE OF THE
9 CONVEYANCES AUTHORIZED BY THIS SECTION AND NOT THEREAFTER,
10 THE SECRETARY OF PUBLIC WELFARE OR THE GENERAL ASSEMBLY SHALL
11 HAVE THE AUTHORITY TO DISAPPROVE ANY PROPOSED SALE OR OTHER
12 DISPOSITION BY NORTHEASTERN PENNSYLVANIA HEALTH CORPORATION
13 OF THE KIND DESCRIBED IN THIS SECTION. DURING SUCH SIX-YEAR
14 PERIOD, NORTHEASTERN PENNSYLVANIA HEALTH CORPORATION SHALL
15 PROVIDE WRITTEN NOTICE NOT LESS THAN 90 DAYS PRIOR TO THE
16 PROPOSED DATE OF ANY SUCH DISPOSITION. THE SECRETARY OF
17 PUBLIC WELFARE, OR THE GENERAL ASSEMBLY, BY ADOPTION OF A
18 CONCURRENT RESOLUTION OF DISAPPROVAL, SHALL HAVE THE
19 AUTHORITY TO DISAPPROVE SUCH PROPOSED DISPOSITION, IN WHICH
20 CASE WRITTEN NOTICE SHALL BE PROVIDED TO NORTHEASTERN
21 PENNSYLVANIA HEALTH CORPORATION BY THE DISAPPROVING AGENCY
22 NOT MORE THAN 60 CALENDAR DAYS AFTER THE GIVING OF SUCH
23 NOTICE OF DISPOSITION BY NORTHEASTERN PENNSYLVANIA HEALTH
24 CORPORATION, IN WHICH CASE SUCH TRANSFERS SHALL NOT OCCUR OR
25 SHALL BE NULL AND VOID.
26 (6) IN ORDER TO QUALIFY TO RECEIVE PAYMENT OF ANY NET
27 PROCEEDS OF ANY DISPOSITION AUTHORIZED IN THIS SECTION, ANY
28 ORGANIZATION DESCRIBED IN SECTION 501(C)(3) OF THE INTERNAL
29 REVENUE CODE OF 1954 SHALL HAVE AS DIRECTORS AND AGREE TO
30 HAVE AS DIRECTORS AT ALL TIMES FOLLOWING SUCH PAYMENT, THE
19850H1813B3512 - 18 -
1 GOVERNOR, OR HIS OR HER DESIGNEE, AND THE SECRETARY OF PUBLIC
2 WELFARE, OR HIS OR HER DESIGNEE.
3 (7) IN THE EVENT OF A SALE OR OTHER DISPOSITION, BY
4 NORTHEASTERN PENNSYLVANIA HEALTH CORPORATION, WITHIN THREE
5 YEARS OF THE DATE OF THE CONVEYANCES AUTHORIZED BY THIS
6 SECTION OF ALL OR SUBSTANTIALLY ALL THE PROPERTIES DESCRIBED
7 IN THIS SECTION (INCLUDING, WITHOUT LIMITATION, THROUGH
8 MERGER, CONSOLIDATION, LEASE OR TRANSFER OF CORPORATE
9 MEMBERSHIP), NORTHEASTERN PENNSYLVANIA HEALTH CORPORATION
10 SHALL REQUIRE ANY SUCCESSOR OWNER OR OPERATOR OF SUCH
11 PROPERTIES AS A CONDITION OF SUCH DISPOSITION TO AGREE:
12 (I) TO ASSUME THE OBLIGATIONS OF NORTHEASTERN
13 PENNSYLVANIA HEALTH CORPORATION UNDER ANY COLLECTIVE
14 BARGAINING AGREEMENT THEN IN EFFECT BETWEEN NORTHEASTERN
15 PENNSYLVANIA HEALTH CORPORATION AND ANY CERTIFIED
16 BARGAINING UNIT REPRESENTING ANY EMPLOYEES OF
17 NORTHEASTERN PENNSYLVANIA HEALTH CORPORATION;
18 (II) TO CONFORM TO THE TERMS OF ANY SUCH AGREEMENT
19 FOR ITS REMAINING TERM; AND
20 (III) TO AGREE TO SECURE THE AGREEMENT OF ANY
21 SUBSEQUENT SUCCESSOR OWNER OR OPERATOR TO A SIMILAR
22 ASSUMPTION OF SUCH OBLIGATION OR AGREEMENT, PROVIDED THAT
23 THE TERMS OF ANY SUCH COLLECTIVE BARGAINING AGREEMENT
24 SHALL BE CONSTRUED AND CARRIED OUT IN ACCORDANCE WITH
25 APPLICABLE LAWS OF THE COMMONWEALTH AND THE UNITED STATES
26 PERTAINING TO SUCH AGREEMENTS.
27 (8) AS USED HEREIN, THE TERM "NET PROCEEDS" SHALL MEAN
28 ANY SUMS AND AMOUNTS REMAINING AFTER PROVIDING FOR THE
29 OBLIGATIONS AND LIABILITIES OF NORTHEASTERN PENNSYLVANIA
30 HEALTH CORPORATION, INCLUDING, WITHOUT LIMITATION, ANY
19850H1813B3512 - 19 -
1 AMOUNTS OWING UNDER AGREEMENTS BETWEEN NORTHEASTERN
2 PENNSYLVANIA HEALTH CORPORATION AND THE DEPARTMENT OF PUBLIC
3 WELFARE.
4 (L) ALL AGREEMENTS TO THE EXTENT ASSIGNABLE AND LEASES OF
5 EVERY NATURE OF THE COMMONWEALTH OF PENNSYLVANIA WHICH ARE USED,
6 EMPLOYED OR DISPENSED IN CONNECTION WITH THE DUTIES, POWERS OR
7 FUNCTIONS OF THIS COMMONWEALTH RELATING TO HAZLETON STATE
8 GENERAL HOSPITAL ARE HEREBY TRANSFERRED TO NORTHEASTERN
9 PENNSYLVANIA HEALTH CORPORATION AS OF THE DATE OF THE CONVEYANCE
10 OF THE PROPERTIES DESCRIBED IN THIS SECTION. ALL MONEYS RECEIVED
11 BY NORTHEASTERN PENNSYLVANIA HEALTH CORPORATION FOR SERVICES
12 RENDERED BY THIS COMMONWEALTH AT HAZLETON STATE GENERAL HOSPITAL
13 SHALL BE REMITTED TO THE COMMONWEALTH AND ALL ACCOUNTS PAYABLE
14 AND LIABILITIES ARISING FROM OPERATIONS PRIOR TO THE DATE OF
15 CONVEYANCE OF THE PROPERTIES DESCRIBED IN THIS SECTION SHALL BE
16 PAID BY THE COMMONWEALTH. NOTHING CONTAINED HEREIN SHALL IMPOSE
17 UPON NORTHEASTERN PENNSYLVANIA HEALTH CORPORATION ANY
18 OBLIGATION, CLAIM, DEMAND OR CAUSE OF ACTION AGAINST THE
19 COMMONWEALTH ARISING OUT OF OR IN CONNECTION WITH THE OPERATION
20 OF HAZLETON STATE GENERAL HOSPITAL BY THE COMMONWEALTH. THE
21 COMMONWEALTH SHALL INDEMNIFY AND HOLD HARMLESS NORTHEASTERN
22 PENNSYLVANIA HEALTH CORPORATION AGAINST ALL CLAIMS, OBLIGATIONS
23 AND LIABILITIES WHATSOEVER ARISING OR ACCRUING OUT OF THE
24 OPERATION OF HAZLETON STATE GENERAL HOSPITAL BY THE COMMONWEALTH
25 AT ANY TIME PRIOR TO THE CONVEYANCE OF THE PROPERTIES DESCRIBED
26 IN THIS SECTION.
27 (M) FOR A PERIOD OF THREE YEARS AFTER THE CONVEYANCES
28 AUTHORIZED BY THIS SECTION, THE DEPARTMENT OF PUBLIC WELFARE IS
29 AUTHORIZED TO PAY TO NORTHEASTERN PENNSYLVANIA HEALTH
30 CORPORATION SUCH AMOUNTS AS SHALL BE DEEMED APPROPRIATE BY THE
19850H1813B3512 - 20 -
1 SECRETARY OF PUBLIC WELFARE WITH THE APPROVAL OF THE GOVERNOR TO
2 BE PAID IN CONNECTION WITH THE OPERATION AND MAINTENANCE OF THE
3 FACILITIES PRESENTLY OPERATED AS HAZLETON STATE GENERAL
4 HOSPITAL. THE AMOUNTS OF SUCH PAYMENTS AND ADVANCES SHALL NOT
5 EXCEED CUMULATIVELY AMOUNTS DUE AND OWING TO THE COMMONWEALTH
6 AND THE DEPARTMENT OF PUBLIC WELFARE AS OF DECEMBER 31, 1985, IN
7 CONNECTION WITH THE RENDERING OF SERVICES AT HAZLETON STATE
8 GENERAL HOSPITAL. ANY SUCH PAYMENTS SHALL BE MADE SUBJECT TO
9 SUCH TERMS AND CONDITIONS AS SHALL BE AGREED TO BETWEEN THE
10 SECRETARY OF PUBLIC WELFARE WITH THE APPROVAL OF THE GOVERNOR
11 AND NORTHEASTERN PENNSYLVANIA HEALTH CORPORATION.
12 (N) AS A CONDITION OF THE CONVEYANCE OF PROPERTIES
13 AUTHORIZED BY THIS SECTION, NORTHEASTERN PENNSYLVANIA HEALTH
14 CORPORATION SHALL PAY TO THE COMMONWEALTH AN AMOUNT EQUAL TO THE
15 OUTSTANDING AMOUNT OF ALL GENERAL OBLIGATION DEBTS OF THE
16 COMMONWEALTH OF PENNSYLVANIA (INCLUDING PRINCIPAL AND INTEREST)
17 OUTSTANDING AS OF THE DATE OF SUCH CONVEYANCES TO THE EXTENT
18 THAT SUCH DEBTS WERE INCURRED BY THE COMMONWEALTH IN CONNECTION
19 WITH THE ACQUISITION, CONSTRUCTION OR MAINTENANCE OF THE
20 HOSPITAL FACILITIES PRESENTLY OPERATED AS HAZLETON STATE GENERAL
21 HOSPITAL. SUCH REPAYMENTS SHALL BE MADE SUBJECT TO SUCH TERMS
22 AND CONDITIONS AS SHALL BE AGREED TO BETWEEN THE SECRETARY OF
23 PUBLIC WELFARE WITH THE APPROVAL OF THE GOVERNOR AND
24 NORTHEASTERN PENNSYLVANIA HEALTH CORPORATION.
25 (O) (1) AS A CONDITION OF THE CONVEYANCE OF PROPERTIES
26 AUTHORIZED BY THIS SECTION, NORTHEASTERN PENNSYLVANIA HEALTH
27 CORPORATION SHALL AGREE THAT NONE OF ITS DIRECTORS SHALL
28 SERVE MORE THAN TWO FULL CONSECUTIVE TERMS OF THREE YEARS AS
29 A DIRECTOR, AND THAT NO DIRECTOR SHALL SERVE MORE THAN EIGHT
30 CONSECUTIVE YEARS AS A DIRECTOR, INCLUDING SHORTENED TERMS AS
19850H1813B3512 - 21 -
1 AN INITIAL DIRECTOR OR TO FILL A VACANCY. ANY DIRECTOR
2 SERVING SUCH CONSECUTIVE YEARS OR TERMS SHALL BE INELIGIBLE
3 TO SERVE AS A DIRECTOR UNTIL AS LEAST ONE YEAR FOLLOWING THE
4 EXPIRATION OF SUCH DIRECTOR'S MOST RECENT TERM OF SERVICE.
5 (2) AS A CONDITION OF THE CONVEYANCE OF PROPERTIES
6 AUTHORIZED BY THIS SECTION, NORTHEASTERN PENNSYLVANIA HEALTH
7 CORPORATION SHALL AGREE TO CREATE A MECHANISM AND PROCEDURE
8 FOR RECEIVING SUGGESTIONS FROM THE COMMUNITIES PRESENTLY
9 SERVED BY HAZLETON STATE GENERAL HOSPITAL CONCERNING THE
10 CONTINUING COMPOSITION OF THE BOARD OF DIRECTORS OF
11 NORTHEASTERN PENNSYLVANIA HEALTH CORPORATION. SUCH MECHANISM
12 AND PROCEDURE SHALL BE DESIGNED AND UTILIZED IN A MANNER
13 CONSISTENT WITH THE OBJECTIVES OF INSURING THAT THE FUTURE
14 OPERATIONS OF THE FACILITIES PRESENTLY OPERATED AS HAZLETON
15 STATE GENERAL HOSPITAL AND THE COMPOSITION OF THE BOARD OF
16 DIRECTORS OF NORTHEASTERN PENNSYLVANIA HEALTH CORPORATION
17 SHALL REFLECT A BROAD CROSS-SECTION OF THE VIEWS AND
18 INTERESTS OF THE COMMUNITIES SERVED BY HAZLETON STATE GENERAL
19 HOSPITAL.
20 (3) AS A CONDITION OF THE CONVEYANCE OF PROPERTIES
21 AUTHORIZED BY THIS SECTION, NORTHEASTERN PENNSYLVANIA HEALTH
22 CORPORATION SHALL AGREE THAT ITS BOARD OF DIRECTORS WILL BE
23 COMPRISED OF AT LEAST 15 DIRECTORS AS OF THE DATE OF SUCH
24 CONVEYANCE AND AT ALL TIMES FOLLOWING SUCH CONVEYANCE FOR A
25 PERIOD OF NOT LESS THAN EIGHT YEARS AFTER THE DATE OF SUCH
26 CONVEYANCE.
27 (4) AS A CONDITION OF THE CONVEYANCE AUTHORIZED BY THIS
28 SECTION, NORTHEASTERN PENNSYLVANIA HEALTH CORPORATION SHALL
29 BE PROHIBITED FROM ENTERING INTO ANY TRANSACTION OR
30 UNDERTAKING WITH A DIRECTOR OR OFFICER OF THE CORPORATION, OR
19850H1813B3512 - 22 -
1 WITH A MEMBER OF THE IMMEDIATE FAMILY OF A DIRECTOR OR
2 OFFICER, OR WITH ANY ENTERPRISE IN WHICH A DIRECTOR OR
3 OFFICER, OR A MEMBER OF THE IMMEDIATE FAMILY OF SUCH DIRECTOR
4 OR OFFICER, POSSESSES A MATERIAL FINANCIAL INTEREST IN SUCH
5 ENTERPRISE, WHERE THE EFFECT OF SUCH UNDERTAKING WOULD BE TO
6 CONFER A MATERIAL FINANCIAL BENEFIT UPON SUCH DIRECTOR OR
7 OFFICER, OR UPON SUCH A MEMBER OF THE IMMEDIATE FAMILY, OR
8 UPON SUCH ENTERPRISE. THIS PROHIBITION SHALL APPLY, WITHOUT
9 LIMITATION, TO CONTRACTS OF EMPLOYMENT EXCEPT TO THE EXTENT
10 THAT A SIMILAR CONTRACT OF EMPLOYMENT WAS IN EFFECT PRIOR TO
11 OR AS OF THE DATE OF CONVEYANCE BETWEEN THE INDIVIDUAL IN
12 QUESTION AND HAZLETON STATE GENERAL HOSPITAL. THE FOREGOING
13 PROHIBITION SHALL NOT APPLY TO ANY CONTRACT OF EMPLOYMENT FOR
14 FULL-TIME EMPLOYMENT AS AN OFFICER ENTERED INTO BETWEEN
15 NORTHEASTERN PENNSYLVANIA HEALTH CORPORATION AND ANY PERSON
16 WHO IS NOT AND HAS NOT BEEN A DIRECTOR OR OFFICER OF
17 NORTHEASTERN PENNSYLVANIA HEALTH CORPORATION AT OR PRIOR TO
18 THE TIME OF SUCH CONTRACT NOR SHALL THE FOREGOING PROHIBITION
19 APPLY TO ANY CONTRACT OF EMPLOYMENT FOR FULL-TIME EMPLOYMENT
20 ENTERED INTO BETWEEN NORTHEASTERN PENNSYLVANIA HEALTH
21 CORPORATION AND ANY PERSON SERVING AS A DIRECTOR AND OFFICER
22 OF THE CORPORATION TO THE EXTENT THAT THE STATUS OF SUCH
23 PERSON AS A DIRECTOR IS DERIVED SOLELY FROM SUCH PERSON'S
24 STATUS AS AN OFFICER. FOR PURPOSES OF THIS SUBSECTION, THE
25 TERM "IMMEDIATE FAMILY" SHALL INCLUDE ANY PARENT, ISSUE,
26 SPOUSE OR SIBLING OF A DIRECTOR, OR ANY PERSON STANDING IN
27 SUCH RELATIONSHIP TO A MEMBER OF THE IMMEDIATE FAMILY OF A
28 DIRECTOR. SUCH PROHIBITION SHALL BE DEFINED IN TERMS AGREED
29 TO BETWEEN THE DEPARTMENT OF PUBLIC WELFARE AND NORTHEASTERN
30 PENNSYLVANIA HEALTH CORPORATION PRIOR TO THE DATE OF THE
19850H1813B3512 - 23 -
1 CONVEYANCE AUTHORIZED BY THIS SECTION.
2 Section 1. 4. (A) The Department of General Services, with <--
3 the approval of the Governor and the Department of Public
4 Welfare, is hereby authorized and directed on behalf of the
5 Commonwealth of Pennsylvania to grant and convey for a
6 consideration equal to one-half of the fair market value as
7 determined by an appraisal by the Department of General Services
8 to the City of Philadelphia, the following tracts of land
9 situate in the City of Philadelphia, Pennsylvania, bounded and
10 described as follows:
11 TRACT 1.--All that certain lot or piece of ground, situate in
12 the Seventeenth Ward of the City of Philadelphia, beginning at a
13 point on the northeasterly side of Ogontz Avenue (100 feet wide)
14 at the distance of 170 feet northwestwardly from the northerly
15 side of Olney Avenue (80 feet wide); thence north 33 degrees 8
16 minutes west, along the northeasterly side Ogontz Avenue, the
17 distance of 80 feet to a point; thence north 56 degrees 52
18 minutes east, the distance of 44 feet 3 3/8 inches to a point;
19 thence south 48 degrees 11 minutes east, the distance of 82 feet
20 10 1/8 inches to a point; thence south 56 degrees 52 minutes
21 west, the distance of 65 feet 9 1/2 inches to a point on the
22 northeasterly side of Ogontz Avenue, the first mentioned point
23 and place of beginning.
24 TRACT 2.--All that certain lot or piece of ground, situate in
25 the Seventeenth Ward of the City of Philadelphia, beginning at
26 the point of intersection of the northerly side of Olney Avenue
27 (80 feet wide) with the northeasterly side of Ogontz Avenue (100
28 feet wide); thence north 33 degrees 8 minutes west, along the
29 northeasterly side of Ogontz Avenue, the distance of 170 feet to
30 a point; thence north 56 degrees 52 minutes east the distance of
19850H1813B3512 - 24 -
1 65 feet 9 1/2 inches to a point; thence south 48 degrees 11
2 minutes east the distance of 271 feet 3 1/8 inches to a point on
3 the northerly side of Olney Avenue; thence south 89 degrees 56
4 minutes west, along the northerly side of Olney Avenue, the
5 distance of 58 feet two inches to a point of curve; thence
6 westwardly on a curve to the right with a radius of 2,061 1/4
7 inches the arc distance of 106 feet 2 1/2 inches to the point of
8 intersection of the northerly side of Olney Avenue with the
9 northeasterly side of Ogontz Avenue, the first mentioned point
10 and place of beginning.
11 Section 2. (B) The conveyance shall be made under and <--
12 subject to all easements, servitudes and rights of others,
13 including, but not confined to, streets, roadways and rights of
14 any telephone, telegraph, water, electric, sewer, gas or
15 pipeline companies, as well as under and subject to any
16 interest, estates or tenancies vested in third persons, whether
17 or not appearing of record.
18 Section 3. (C) The deed of conveyance shall contain a clause <--
19 that the land conveyed shall be used for the expansion of the
20 Fanny Kemble Abolitionist Memorial Park and, if at any time the
21 City of Philadelphia or its successor in function conveys the
22 land or permits the land to be used for any purpose other than
23 those aforementioned, the title thereto shall immediately revert
24 to and revest in the Commonwealth of Pennsylvania.
25 Section 4. (D) The deed of conveyance shall be approved as <--
26 provided by law and shall be executed by the Secretary of
27 General Services in the name of the Commonwealth of
28 Pennsylvania.
29 Section 5. (E) Costs and fees incidental to this conveyance <--
30 shall be borne by the grantee.
19850H1813B3512 - 25 -
1 Section 6. This act shall take effect in 60 days. <--
2 SECTION 5. (A) SECTIONS 1 AND 2 SHALL TAKE EFFECT UPON THE <--
3 CONVEYANCE OF THE PROPERTY AUTHORIZED IN SECTION 3 OF THIS ACT.
4 (B) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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