SENATE AMENDED
PRIOR PRINTER'S NO. 957 PRINTER'S NO. 1975
No. 878 Session of 1993
INTRODUCED BY McCALL, DeWEESE, CESSAR, LINTON, MIHALICH, TRELLO,
COY, B. SMITH, DeLUCA, PISTELLA, DALEY, FAJT, PRESTON, STISH,
MELIO, ROONEY, BELFANTI, CORNELL, OLASZ, WOGAN, HARLEY,
SERAFINI, CLARK, BELARDI KASUNIC, BATTISTO, CIVERA AND
TOMLINSON, MARCH 24, 1993
SENATOR FUMO, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED,
MAY 26, 1993
AN ACT
1 Amending Title TITLES 74 (TRANSPORTATION) AND 75 (Vehicles) of <--
2 the Pennsylvania Consolidated Statutes, FURTHER PROVIDING FOR <--
3 THE DISTRIBUTION OF ASSET MAINTENANCE FUNDS; AUTHORIZING THE
4 CREATION OF A TRANSPORTATION AUTHORITY TO FUNCTION IN EACH
5 METROPOLITAN AREA CONSISTING OF ANY COUNTY OF THE FIRST CLASS
6 AND ALL NEARBY COUNTIES WITHIN A RADIUS OF 20 MILES OF ANY
7 SUCH FIRST CLASS COUNTY, AS A BODY CORPORATE AND POLITIC AND
8 AS AN AGENCY AND INSTRUMENTALITY OF THE COMMONWEALTH FOR THE
9 PURPOSE OF ESTABLISHING AN INTEGRATED MASS TRANSPORTATION
10 SYSTEM WITH ALL PERTINENT POWERS, INCLUDING, BUT NOT LIMITED
11 TO, LEASING, ACQUIRING, OWNING, OPERATING AND MAINTAINING A
12 SYSTEM FOR OR OTHERWISE PROVIDING FOR THE TRANSPORTATION OF
13 PERSONS; AUTHORIZING THE BORROWING OF MONEY AND ISSUANCE OF
14 BONDS THEREFOR AND CONFERRING THE RIGHT OF EMINENT DOMAIN ON
15 SUCH AN AUTHORITY; ALTERING THE JURISDICTION OF THE
16 PENNSYLVANIA PUBLIC UTILITY COMMISSION; AUTHORIZING THE
17 ACCEPTANCE OF GRANTS FROM FEDERAL, STATE AND LOCAL
18 GOVERNMENTS; LIMITING ACTIONS AGAINST SUCH AN AUTHORITY AND
19 EXEMPTING IT FROM TAXATION; AUTHORIZING COUNTIES AND
20 MUNICIPALITIES TO ENTER INTO COMPACTS FOR THE FINANCING OF
21 EACH AUTHORITY AND TO MAKE APPROPRIATIONS IN ACCORDANCE WITH
22 SUCH COMPACTS; CREATING A CITIZEN ADVISORY COMMITTEE;
23 CONFERRING EXCLUSIVE JURISDICTION UPON CERTAIN COURTS WITH
24 RESPECT TO MATTERS RELATING TO SUCH AUTHORITY AND EMPOWERING
25 EACH AUTHORITY TO FUNCTION OUTSIDE THE METROPOLITAN AREA
26 UNDER CERTAIN TERMS AND CONDITIONS; CONTINUING THE EXISTENCE
27 OF A PRESENTLY EXISTING TRANSPORTATION AUTHORITY; providing
28 for suspensions for offenses involving controlled substances,
29 for certain out-of-State documentations and for reports by
1 courts; and making a repeal.
2 THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS: <--
3 (A) FINDINGS.--
4 (1) THERE EXISTS IN THE URBAN AND SUBURBAN COMMUNITIES
5 IN METROPOLITAN AREAS, TRAFFIC CONGESTION AND SERIOUS MASS
6 TRANSPORTATION PROBLEMS BECAUSE OF UNDERDEVELOPED MASS
7 TRANSPORTATION FACILITIES RESULTING IN INADEQUATE OR
8 OVERCROWDED HIGH-COST CONDITIONS ON COMMONWEALTH HIGHWAYS AND
9 EXISTING MASS TRANSPORTATION FACILITIES.
10 (2) SUCH CONDITIONS OR A COMBINATION OF SOME OR ALL OF
11 THEM HAVE MADE AND WILL CONTINUE TO RESULT IN MAKING SUCH
12 COMMUNITIES ECONOMIC AND SOCIAL LIABILITIES HARMFUL TO THE
13 SOCIAL AND ECONOMIC WELL-BEING OF THE ENTIRE AREA,
14 DEPRECIATING VALUES THEREIN, REDUCING THE TAX REVENUES,
15 MAKING THE METROPOLITAN AREAS AND THEIR CONSTITUENT
16 COMMUNITIES LESS DESIRABLE AREAS IN WHICH TO LIVE AND WORK
17 AND THEREBY DEPRECIATING FURTHER THE GENERAL COMMUNITY WIDE
18 VALUES.
19 (3) THE FOREGOING CONDITIONS CANNOT BE EFFECTIVELY DEALT
20 WITH BY PRIVATE ENTERPRISE UNDER EXISTING LAW WITHOUT THE
21 ADDITIONAL AIDS GRANTED IN THIS ACT AND ARE BEYOND REMEDY OR
22 CONTROL BY GOVERNMENTAL REGULATORY PROCESSES.
23 (4) THE SOUND PLANNING AND DEVELOPMENT OF METROPOLITAN
24 MASS TRANSPORTATION FACILITIES IN ACCORDANCE WITH SOUND AND
25 APPROVED PLANS FOR THEIR PROMOTION, DEVELOPMENT AND GROWTH
26 WILL PROMOTE THE PUBLIC HEALTH, SAFETY, CONVENIENCE AND
27 WELFARE, AND THE PUBLIC ACQUISITION OF EXISTING MASS
28 TRANSPORTATION FACILITIES IN ACCORDANCE WITH THE SOUND PLANS
29 FOR THEIR REDEVELOPMENT AND PROMOTION WILL PROMOTE THE PUBLIC
30 HEALTH, SAFETY, CONVENIENCE AND WELFARE.
19930H0878B1975 - 2 -
1 (5) THE WELL-BEING AND ECONOMIC HEALTH OF THE COUNTIES
2 AND OTHER COMMUNITIES IN THE METROPOLITAN AREAS REQUIRE
3 INTEGRATED SYSTEMS OF MASS PASSENGER TRANSPORTATION.
4 (6) IT IS DESIRABLE THAT THE PUBLIC TRANSPORTATION
5 SYSTEMS IN THE METROPOLITAN AREAS BE IMPROVED, EXTENDED AND
6 SUPPLEMENTED BY THE CREATION OF AUTHORITIES AS PROVIDED IN
7 THIS ACT.
8 (7) THE ESTABLISHMENT OF METROPOLITAN TRANSPORTATION
9 AUTHORITIES AS AUTHORITIES OF THE COMMONWEALTH AND THE
10 CONTINUANCE OF THE EXISTING METROPOLITAN TRANSPORTATION
11 AUTHORITIES WILL PROMOTE THE PUBLIC SAFETY, CONVENIENCE AND
12 WELFARE.
13 (8) IT IS INTENDED THAT METROPOLITAN TRANSPORTATION
14 AUTHORITIES COOPERATE WITH OR ACQUIRE EXISTING TRANSPORTATION
15 OPERATORS OR FACILITIES SO THAT PRIVATE ENTERPRISE AND
16 GOVERNMENT MAY MUTUALLY PROVIDE ADEQUATE TRANSIT FACILITIES
17 FOR THE CONVENIENCE OF THE PUBLIC.
18 (9) IT IS INTENDED THAT ANY AUTHORITY CREATED OR
19 CONTINUED UNDER THIS ACT WILL COOPERATE WITH ALL
20 MUNICIPALITIES AND OTHER PUBLIC BODIES IN WHOSE TERRITORIES
21 IT OPERATES SO THAT THE TRANSPORTATION SYSTEM MAY BEST SERVE
22 THE INTERESTS OF THE RESIDENTS THEREOF.
23 (10) IT IS INTENDED THAT THE OPERATION OF A
24 TRANSPORTATION SYSTEM WILL ENHANCE THE QUALITY OF THE
25 ENVIRONMENT OF THE METROPOLITAN AREA BY RELIEVING HIGHWAY
26 CONGESTION AND PROVIDING FOR MULTIPASSENGER TRAVELING
27 PATTERNS.
28 (11) IT IS INTENDED THAT RESIDENTS OF THE METROPOLITAN
29 AREA MAY BE PROVIDED WITH ACCESS TO TRANSPORTATION FACILITIES
30 AND THE ABILITY TO TRAVEL WITHIN THE METROPOLITAN AREA
19930H0878B1975 - 3 -
1 REGARDLESS OF DISABILITY OR HANDICAP.
2 (B) DECLARATION.--THEREFORE, IT IS HEREBY DECLARED TO BE THE
3 POLICY OF THE COMMONWEALTH TO PROMOTE THE SAFETY AND WELFARE OF
4 ITS INHABITANTS BY AUTHORIZING THE CREATION OR CONTINUATION OF A
5 BODY CORPORATE AND POLITIC FOR EACH METROPOLITAN AREA, TO BE
6 KNOWN AS THE TRANSPORTATION AUTHORITY OF SUCH AREA, WHICH SHALL
7 EXIST AND OPERATE FOR THE PURPOSES CONTAINED IN THIS CHAPTER AS
8 AN AUTHORITY OF THE COMMONWEALTH. THESE PURPOSES ARE HEREBY
9 DECLARED TO BE PUBLIC USES FOR WHICH PUBLIC MONEY MAY BE SPENT
10 AND PRIVATE PROPERTY MAY BE ACQUIRED BY THE EXERCISE OF THE
11 POWER OF EMINENT DOMAIN.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Sections 1532 and 1550 of Title 75 of the <--
15 Pennsylvania Consolidated Statutes are amended by adding
16 subsections to read:
17 SECTION 1. SECTION 1311 OF TITLE 74 OF THE PENNSYLVANIA <--
18 CONSOLIDATED STATUTES IS AMENDED BY ADDING A SUBSECTION TO READ:
19 § 1311. USE OF FUNDS DISTRIBUTED.
20 * * *
21 (J) LIMIT ON CERTAIN AMOUNTS EXPENDED.--NOTWITHSTANDING ANY
22 LAW TO THE CONTRARY, LOCAL TRANSPORTATION ORGANIZATIONS AND
23 TRANSPORTATION COMPANIES ARE AUTHORIZED TO EXPEND MONEYS
24 DISTRIBUTED PURSUANT TO SECTION 1310 FOR ASSET MAINTENANCE COSTS
25 IN AN AMOUNT NOT TO EXCEED THE GREATER OF:
26 (1) THE MAXIMUM AMOUNT OF ASSET MAINTENANCE EXPENDITURES
27 WHICH COULD HAVE BEEN APPROVED BY THE DEPARTMENT FOR
28 EXPENDITURE BY THAT LOCAL TRANSPORTATION ORGANIZATION OR
29 TRANSPORTATION COMPANY FOR THE 1991-1992 FISCAL YEAR PURSUANT
30 TO SECTION 17(A) OF THE ACT OF AUGUST 5, 1991 (P.L.238,
19930H0878B1975 - 4 -
1 NO.26), ENTITLED "AN ACT AMENDING TITLES 74 (TRANSPORTATION)
2 AND 75 (VEHICLES) OF THE PENNSYLVANIA CONSOLIDATED STATUTES,
3 CODIFYING PROVISIONS RELATING TO PUBLIC TRANSPORTATION;
4 IMPOSING CERTAIN FEES AND TAXES; FURTHER PROVIDING FOR
5 CERTAIN PENNSYLVANIA TURNPIKE PROJECTS; DEFINING 'FARM
6 EQUIPMENT'; FURTHER PROVIDING FOR THE RESPONSIBILITIES OF
7 VEHICLE TRANSFEREES, FOR EXEMPTIONS FROM REGISTRATION AND
8 CERTIFICATES OF TITLE AND FOR THE USE OF DEALER PLATES,
9 MULTIPURPOSE DEALER PLATES AND FARM EQUIPMENT PLATES; FURTHER
10 PROVIDING FOR FUNERAL PROCESSIONS; FURTHER PROVIDING FOR A
11 RESTRICTED RECEIPTS FUND AND FOR REGISTRATION FOR SNOWMOBILES
12 AND ATV'S; ESTABLISHING THE SNOWMOBILE TRAIL ADVISORY
13 COMMITTEE; FURTHER PROVIDING FOR THE HIGHWAY MAINTENANCE AND
14 CONSTRUCTION TAX; AND MAKING REPEALS," BASED UPON A
15 PROJECTION OF $200,000,000 IN TOTAL DEDICATED CAPITAL
16 ASSISTANCE FUNDS; OR
17 (2) THE AMOUNT PERMITTED TO BE EXPENDED FOR SUCH
18 PURPOSES UNDER SUBSECTION (E).
19 SECTION 2. CHAPTER 15 OF TITLE 74 IS REPEALED.
20 SECTION 3. TITLE 74 IS AMENDED BY ADDING A CHAPTER TO READ:
21 CHAPTER 17
22 METROPOLITAN TRANSPORTATION AUTHORITIES
23 SUBCHAPTER
24 A. GENERAL PROVISIONS
25 B. AUTHORIZATION AND ORGANIZATION OF AUTHORITIES
26 C. POWERS AND DUTIES
27 D. FUNDS AND BONDS OF AUTHORITIES
28 E. MISCELLANEOUS PROVISIONS
29 SUBCHAPTER A
30 GENERAL PROVISIONS
19930H0878B1975 - 5 -
1 SEC.
2 1701. DEFINITIONS.
3 § 1701. DEFINITIONS.
4 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
5 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
6 CONTEXT CLEARLY INDICATES OTHERWISE:
7 "AUTHORITY." ANY BODY CORPORATE AND POLITIC CREATED UNDER
8 THIS CHAPTER OR CREATED UNDER THE FORMER PROVISIONS OF ARTICLE
9 III OF THE ACT OF JANUARY 22, 1968 (P.L.42, NO.8), KNOWN AS THE
10 PENNSYLVANIA URBAN MASS TRANSPORTATION LAW, OR THE FORMER
11 PROVISIONS OF CHAPTER 15 (RELATING TO METROPOLITAN
12 TRANSPORTATION AUTHORITIES) AND CONTINUED UNDER THIS CHAPTER.
13 "BOARD." THE GOVERNING AND POLICYMAKING BODY OF AN
14 AUTHORITY.
15 "BONDS." NOTES, BONDS, BOND ANTICIPATION NOTES, REFUNDING
16 NOTES AND BONDS, INTERIM CERTIFICATES, DEBENTURES AND OTHER
17 EVIDENCES OF INDEBTEDNESS OR OBLIGATIONS WHICH AN AUTHORITY IS
18 AUTHORIZED TO ISSUE UNDER THIS CHAPTER.
19 "CASH FLOW DEFICIT." A CASH DEFICIT OCCURRING SOLELY BECAUSE
20 REVENUES AND EXPENDITURES, EVEN WHEN IN BALANCE ON A FISCAL YEAR
21 BASIS OR WITH RESPECT TO ANY OTHER PERIOD OF COMPUTATION, ARE
22 NOT RECEIVED AND DISBURSED AT EQUIVALENT RATES THROUGHOUT THE
23 FISCAL YEAR OR OTHER PERIOD OF COMPUTATION.
24 "COMPREHENSIVE TRANSPORTATION PLAN." A COMPREHENSIVE
25 STATEMENT, CONSISTING OF MAPS, CHARTS AND TEXTUAL MATTER, OF AN
26 AUTHORITY'S POLICIES, STRATEGIES AND OBJECTIVES FOR THE
27 DEVELOPMENT OF THE TRANSPORTATION SYSTEM CONSISTENT WITH THE
28 LEGISLATIVE FINDINGS AND DECLARED POLICY OF THIS CHAPTER AND THE
29 RIGHTS, POWERS AND DUTIES OF THE AUTHORITY.
30 "DEPARTMENT." THE DEPARTMENT OF TRANSPORTATION OF THE
19930H0878B1975 - 6 -
1 COMMONWEALTH.
2 "FEDERAL AGENCY." THE FEDERAL GOVERNMENT, THE PRESIDENT OF
3 THE UNITED STATES AND ANY DEPARTMENT OR CORPORATION, AGENCY OR
4 INSTRUMENTALITY, HERETOFORE OR HEREAFTER CREATED, DESIGNATED OR
5 ESTABLISHED BY THE FEDERAL GOVERNMENT.
6 "GOVERNMENT AGENCY." THE GOVERNOR, DEPARTMENTS, BOARDS,
7 COMMISSIONS, AUTHORITIES AND OTHER OFFICERS AND AGENCIES OF THIS
8 COMMONWEALTH, INCLUDING, BUT NOT LIMITED TO, THOSE WHICH ARE NOT
9 SUBJECT TO THE POLICY SUPERVISION AND CONTROL OF THE GOVERNOR,
10 ANY POLITICAL SUBDIVISION, MUNICIPALITY, MUNICIPAL OR OTHER
11 LOCAL AUTHORITY AND ANY OFFICER OR AGENCY OF ANY SUCH POLITICAL
12 SUBDIVISION OR LOCAL AUTHORITY. THE TERM DOES NOT INCLUDE ANY
13 COURT OR OTHER OFFICER OR AGENCY OF THE UNIFIED JUDICIAL SYSTEM
14 OR THE GENERAL ASSEMBLY OR ITS OFFICERS AND AGENCIES.
15 "GOVERNMENT OBLIGATIONS."
16 (1) DIRECT OBLIGATIONS OF, OR OBLIGATIONS THE PRINCIPAL
17 OF AND INTEREST ON WHICH ARE UNCONDITIONALLY GUARANTEED BY,
18 THE FEDERAL GOVERNMENT, INCLUDING, BUT NOT LIMITED TO,
19 EVIDENCES OF A DIRECT OWNERSHIP INTEREST IN FUTURE INTEREST
20 OR PRINCIPAL PAYMENTS ON OBLIGATIONS ISSUED OR GUARANTEED BY
21 THE FEDERAL GOVERNMENT, WHICH OBLIGATIONS ARE HELD IN A
22 CUSTODY ACCOUNT BY A CUSTODIAN UNDER THE TERMS OF A CUSTODY
23 AGREEMENT.
24 (2) THE TERM INCLUDES OBLIGATIONS ISSUED BY ANY STATE OF
25 THE UNITED STATES OR ANY POLITICAL SUBDIVISION, PUBLIC
26 INSTRUMENTALITY OR PUBLIC AUTHORITY OF ANY STATE OF THE
27 UNITED STATES, PROVISION FOR THE FULL AND TIMELY PAYMENT OF
28 THE PRINCIPAL OR PREMIUM OF AND INTEREST ON WHICH SHALL HAVE
29 BEEN MADE BY DEPOSIT WITH A TRUSTEE OR ESCROW AGENT, UNDER AN
30 IRREVOCABLE SECURITY AGREEMENT, OF OBLIGATIONS DESCRIBED IN
19930H0878B1975 - 7 -
1 PARAGRAPH (1).
2 "LEGISLATIVE BODY." THE TERM SHALL MEAN, IN COUNTIES OF THE
3 FIRST CLASS, THE CITY COUNCIL, IN THE OTHER COUNTIES, THE BOARD
4 OF COUNTY COMMISSIONERS OR THE COUNTY COUNCIL AND, IN THE OTHER
5 MUNICIPALITIES, THAT BODY AUTHORIZED BY LAW TO ENACT ORDINANCES.
6 "MAJORITY." ANY WHOLE NUMBER CONSTITUTING MORE THAN HALF OF
7 THE TOTAL NUMBER.
8 "MASTER TRUST INDENTURE." A TRUST INDENTURE, TRUST AGREEMENT
9 OR DEED OF TRUST PROVIDING FOR THE INCURRENCE OF INDEBTEDNESS
10 GUARANTEED ON A JOINT AND SEVERAL BASIS BY A GROUP OF OBLIGATED
11 ISSUERS.
12 "MAYOR." THE CHIEF EXECUTIVE OFFICER OF ANY FIRST CLASS CITY
13 IN ANY FIRST CLASS COUNTY.
14 "METROPOLITAN AREA." ALL OF THE TERRITORY WITHIN THE
15 BOUNDARIES OF ANY COUNTY OF THE FIRST CLASS AND ALL OTHER
16 COUNTIES LOCATED IN WHOLE OR IN PART WITHIN 20 MILES OF THE
17 FIRST CLASS COUNTY.
18 "MUNICIPALITY." ANY CITY, COUNTY, BOROUGH, INCORPORATED
19 TOWN, TOWNSHIP OR OTHER POLITICAL SUBDIVISION. THE TERMS
20 "MUNICIPALITY" AND "POLITICAL SUBDIVISION" SHALL HAVE THE SAME
21 MEANING WHEN USED IN THIS CHAPTER.
22 "OBLIGEE OF AN AUTHORITY." ANY HOLDER OR OWNER OF ANY BOND
23 OF AN AUTHORITY OR ANY TRUSTEE OR OTHER FIDUCIARY FOR ANY SUCH
24 HOLDER OR ANY PROVIDER OF A LETTER OF CREDIT, POLICY OF
25 MUNICIPAL BOND INSURANCE OR OTHER CREDIT ENHANCEMENT OR
26 LIQUIDITY FACILITY FOR BONDS OF AN AUTHORITY.
27 "PERSON." THE TERM SHALL MEAN AND INCLUDE CORPORATIONS,
28 PARTNERSHIPS, ASSOCIATIONS, FEDERAL AGENCIES, THE COMMONWEALTH,
29 GOVERNMENT AGENCIES AND OTHER ENTITIES, AS WELL AS NATURAL
30 PERSONS.
19930H0878B1975 - 8 -
1 "POLITICAL SUBDIVISION." ANY COUNTY, CITY, BOROUGH,
2 INCORPORATED TOWN, TOWNSHIP, SCHOOL DISTRICT, VOCATIONAL SCHOOL
3 DISTRICT AND COUNTY INSTITUTION DISTRICT.
4 "PROJECT." ANY STRUCTURE, FACILITY OR UNDERTAKING WHICH AN
5 AUTHORITY IS AUTHORIZED TO ACQUIRE, CONSTRUCT, IMPROVE, LEASE,
6 MAINTAIN, OPERATE, CONTRACT FOR OR OTHERWISE FUNCTION WITH
7 RESPECT TO, UNDER THE PROVISIONS OF THIS OR ANY OTHER ACT,
8 INCLUDING, BUT NOT LIMITED TO, ALL WORK AND MATERIAL INCIDENTAL
9 THERETO AND ALL COSTS THEREOF, INCLUDING ALL AMOUNTS NECESSARY
10 TO PLACE THE PROJECT INTO OPERATION.
11 "PUBLIC OFFICIAL." AN ELECTED OFFICIAL IN THE EXECUTIVE,
12 LEGISLATIVE OR JUDICIAL BRANCH OF THE COMMONWEALTH OR ANY
13 POLITICAL SUBDIVISION THEREOF, PROVIDED THAT IT SHALL NOT
14 INCLUDE MEMBERS OF ADVISORY BOARDS THAT HAVE NO AUTHORITY TO
15 EXPEND PUBLIC FUNDS OTHER THAN REIMBURSEMENT FOR PERSONAL
16 EXPENSES OR TO OTHERWISE EXERCISE THE POWER OF THE COMMONWEALTH
17 OR ANY POLITICAL SUBDIVISION THEREOF.
18 "QUALIFIED FINANCIAL INSTITUTION." A BANK, BANK AND TRUST
19 COMPANY, TRUST COMPANY, NATIONAL BANKING ASSOCIATION, INSURANCE
20 COMPANY OR OTHER FINANCIAL SERVICES COMPANY WHOSE UNSECURED
21 LONG-TERM DEBT OBLIGATIONS, IN THE CASE OF A BANK, TRUST
22 COMPANY, NATIONAL BANKING ASSOCIATION OR OTHER FINANCIAL
23 SERVICES COMPANY, OR WHOSE CLAIMS PAYING ABILITIES, IN THE CASE
24 OF AN INSURANCE COMPANY, ARE RATED IN ANY OF THE THREE HIGHEST
25 RATING CATEGORIES, WITHOUT REFERENCE TO SUBCATEGORIES, BY A
26 RATING AGENCY. FOR PURPOSES OF THIS DEFINITION, THE TERM
27 "FINANCIAL SERVICES COMPANY" SHALL INCLUDE ANY INVESTMENT
28 BANKING FIRM OR ANY AFFILIATE OR DIVISION THEREOF WHICH MAY BE
29 LEGALLY AUTHORIZED TO ENTER INTO THE TRANSACTIONS DESCRIBED IN
30 THIS CHAPTER PERTAINING, APPLICABLE OR LIMITED TO A QUALIFIED
19930H0878B1975 - 9 -
1 FINANCIAL INSTITUTION.
2 "QUALIFIED MAJORITY." A MAJORITY OF THE GOVERNING BODY OF AN
3 AUTHORITY WHICH INCLUDES FOUR OF THE FIVE MEMBERS APPOINTED
4 UNDER SECTION 1713(A)(1) AND (2) (RELATING TO APPOINTMENT OF
5 BOARD MEMBERS).
6 "RATING AGENCY."
7 (1) THE TERM INCLUDES THE FOLLOWING:
8 (I) STANDARD & POOR'S CORPORATION AND ANY SUCCESSOR
9 THERETO.
10 (II) MOODY'S INVESTORS SERVICE AND ANY SUCCESSOR
11 THERETO.
12 (III) FITCH INVESTORS SERVICE, INC., AND ANY
13 SUCCESSOR THERETO.
14 (2) IF THE RATING AGENCIES CITED IN PARAGRAPH (1) SHALL
15 NO LONGER PERFORM THE FUNCTIONS OF A SECURITIES RATING
16 SERVICE, THE TERM SHALL MEAN ANY OTHER NATIONALLY RECOGNIZED
17 RATING SERVICE OR SERVICES.
18 "REAL ESTATE-RELATED MATTER." A TRANSACTION OR AGREEMENT
19 WHICH INVOLVES ANY FEE, LEASEHOLD OR OTHER ESTATE OR INTEREST
20 IN, OVER OR UNDER REAL PROPERTY IN WHICH THE AUTHORITY HAS AN
21 INTEREST OR WISHES TO ACQUIRE AN INTEREST, INCLUDING, BUT NOT
22 LIMITED TO, STRUCTURES, FIXTURES AND OTHER IMPROVEMENTS AND
23 INTERESTS WHICH BY CUSTOM, USAGE OR LAW PASS WITH THE CONVEYANCE
24 OF REAL PROPERTY THOUGH NOT DESCRIBED IN THE CONTRACT OF SALE OR
25 INSTRUMENT OF CONVEYANCE. THE TERM INCLUDES PARCELS WITH OR
26 WITHOUT UPPER OR LOWER BOUNDARIES AND SPACES THAT MAY BE FILLED
27 WITH AIR OR WATER AND INCLUDES ANY CONTRACT, JOINT VENTURE,
28 MANAGEMENT OR BROKERAGE AGREEMENT WHICH IS RELATED DIRECTLY OR
29 INDIRECTLY THERETO.
30 "SUBSTANTIAL CHANGE." ANY CHANGE IN SYSTEM OPERATIONS
19930H0878B1975 - 10 -
1 DETERMINED TO BE SUBSTANTIAL BY THE BOARD.
2 "TRANSPORTATION SYSTEM." ALL PROPERTY, REAL AND PERSONAL,
3 USEFUL FOR THE TRANSPORTATION OF PASSENGERS FOR HIRE, INCLUDING,
4 BUT NOT LIMITED TO, POWER PLANTS, SUBSTATIONS, TERMINALS,
5 GARAGES, BRIDGES, TUNNELS, SUBWAYS, ELEVATED LINES, MONORAILS,
6 RAILROAD MOTIVE POWER, TRAINS, RAILROAD PASSENGER CARS AND
7 EQUIPMENT, BELT CONVEYORS, INCLINES, CAR BARNS, STREET CARS,
8 BUSES, RAILS, LINES, POLES, WIRES, STATIONS AND OFF-STREET
9 PARKING FACILITIES RIGHTS-OF-WAY, AS WELL AS THE FRANCHISES,
10 RIGHTS AND LICENSES THEREFOR, INCLUDING RIGHTS TO PROVIDE GROUP,
11 PARTY AND PARATRANSIT SERVICES. THE TERM SHALL NOT INCLUDE A
12 TAXICAB.
13 SUBCHAPTER B
14 AUTHORIZATION AND ORGANIZATION OF AUTHORITIES
15 SEC.
16 1711. CREATION OF METROPOLITAN TRANSPORTATION AUTHORITIES.
17 1712. GOVERNING AND POLICYMAKING BODY.
18 1713. APPOINTMENT OF BOARD MEMBERS.
19 1714. RESIGNATION AND VACANCIES.
20 1715. MEETINGS, QUORUM, OFFICERS AND RECORDS.
21 1716. SECRETARY, OATH, BOND.
22 1717. CONTROLLER.
23 1718. SIGNATURES.
24 1719. GENERAL MANAGER.
25 1720. TREASURER.
26 1721. COUNSEL TO THE BOARD.
27 1722. LEGAL DIVISION AND GENERAL COUNSEL.
28 1723. OTHER EMPLOYEES.
29 1724. PERSONNEL MATTERS.
30 1725. PUBLIC HEARINGS.
19930H0878B1975 - 11 -
1 1726. CITIZEN ADVISORY COMMITTEE.
2 1727. INVESTIGATIONS AND SUBPOENAS.
3 1728. CONFLICTS OF INTEREST.
4 § 1711. CREATION OF METROPOLITAN TRANSPORTATION AUTHORITIES.
5 (A) CREATION AND PURPOSE.--THERE IS HEREBY AUTHORIZED THE
6 CREATION OF A SEPARATE BODY CORPORATE AND POLITIC IN EACH
7 METROPOLITAN AREA, TO BE KNOWN AS THE TRANSPORTATION AUTHORITY
8 OF THAT METROPOLITAN AREA, EXTENDING TO AND INCLUDING ALL OF THE
9 TERRITORY IN THE METROPOLITAN AREA. AN AUTHORITY SHALL IN NO WAY
10 BE DEEMED TO BE AN INSTRUMENTALITY OF ANY CITY OR COUNTY OR
11 OTHER MUNICIPALITY OR ENGAGED IN THE PERFORMANCE OF A MUNICIPAL
12 FUNCTION, BUT SHALL EXERCISE THE PUBLIC POWERS OF THE
13 COMMONWEALTH AS AN AGENCY AND INSTRUMENTALITY THEREOF. AN
14 AUTHORITY SHALL EXIST FOR THE PURPOSE OF PLANNING, ACQUIRING,
15 HOLDING, CONSTRUCTING, IMPROVING, MAINTAINING, OPERATING,
16 LEASING, EITHER AS LESSOR OR LESSEE, AND OTHERWISE FUNCTIONING
17 WITH RESPECT TO A TRANSPORTATION SYSTEM IN THE METROPOLITAN AREA
18 AND OUTSIDE OF SUCH AREA, WHETHER WITHIN OR BEYOND THE
19 BOUNDARIES OF THIS COMMONWEALTH, TO THE EXTENT NECESSARY FOR THE
20 OPERATION OF AN INTEGRATED TRANSPORTATION SYSTEM AND FOR THE
21 PROVISION OF ALL GROUP AND PARTY SERVICES WHICH CAN BE PROVIDED
22 BY THE EXISTING TRANSPORTATION SYSTEM OR TRANSPORTATION SYSTEMS
23 SUBJECT TO ACQUISITION UNDER THIS CHAPTER. ALL SERVICES RENDERED
24 BY AN AUTHORITY OUTSIDE THE METROPOLITAN AREA SHALL BE PURSUANT
25 TO CERTIFICATES OF PUBLIC CONVENIENCE OR OTHER APPROPRIATE
26 AUTHORIZATION ISSUED TO IT BY THE PENNSYLVANIA PUBLIC UTILITY
27 COMMISSION OR OTHER APPROPRIATE REGULATORY AGENCY OF THE FEDERAL
28 GOVERNMENT OR ANY STATE. EXCEPT AS PROVIDED IN SUBSECTION (C),
29 AN AUTHORITY SHALL TRANSACT NO BUSINESS OR OTHERWISE BECOME
30 OPERATIVE UNTIL AND UNLESS A MAJORITY OF ITS BOARD SHALL HAVE
19930H0878B1975 - 12 -
1 BEEN QUALIFIED IN ACCORDANCE WITH THIS SUBCHAPTER.
2 (B) CERTIFICATE OF INCORPORATION.--
3 (1) THE CERTIFICATION BY THE APPOINTING POWER OF EACH
4 BOARD MEMBER, AND THE CONSTITUTIONAL OATH OF OFFICE
5 SUBSCRIBED BY EACH MEMBER, SHALL BE FILED WITH THE DEPARTMENT
6 OF STATE, AND, EXCEPT AS PROVIDED IN SUBSECTION (C), UPON THE
7 RECEIPT OF INITIAL CERTIFICATIONS AND RESPECTIVE OATHS OF A
8 MAJORITY OF THE TOTAL NUMBER OF BOARD MEMBERS APPROPRIATE TO
9 ANY METROPOLITAN AREA, THE SECRETARY OF THE COMMONWEALTH
10 SHALL ISSUE A CERTIFICATE OF INCORPORATION. THIS CERTIFICATE
11 SHALL REFER TO THAT AUTHORITY BY THE NAME WHICH SHALL BE
12 DESIGNATED BY THE BOARD MEMBERS.
13 (2) IN ANY SUIT, ACTION OR PROCEEDING INVOLVING OR
14 RELATING TO THE VALIDITY OR ENFORCEMENT OF ANY CONTRACT OR
15 ACT OF AN AUTHORITY, A COPY OF THE CERTIFICATE OF
16 INCORPORATION, DULY CERTIFIED BY THE DEPARTMENT OF STATE,
17 SHALL BE ADMISSIBLE IN EVIDENCE AND SHALL BE CONCLUSIVE PROOF
18 OF THE LEGAL ESTABLISHMENT OF THE AUTHORITY.
19 (C) TRANSITION PROVISIONS.--
20 (1) ANY AUTHORITY ESTABLISHED UNDER THE FORMER
21 PROVISIONS OF ARTICLE III OF THE ACT OF JANUARY 22, 1968
22 (P.L.42, NO.8), KNOWN AS THE PENNSYLVANIA URBAN MASS
23 TRANSPORTATION LAW, OR THE FORMER PROVISIONS OF CHAPTER 15
24 (RELATING TO METROPOLITAN TRANSPORTATION AUTHORITIES) SHALL
25 BE DEEMED, FOR ALL PURPOSES, TO BE AN AUTHORITY CREATED UNDER
26 THIS CHAPTER, SHALL CONTINUE IN EFFECT UNDER THIS CHAPTER AS
27 AN AUTHORITY OF THE COMMONWEALTH AND SHALL EXERCISE THOSE
28 POWERS, FUNCTIONS AND DUTIES AND BE GOVERNED BY THOSE
29 PROVISIONS APPLICABLE TO AN AUTHORITY CREATED UNDER THIS
30 CHAPTER. SUCH AUTHORITY ESTABLISHED UNDER THE FORMER
19930H0878B1975 - 13 -
1 PROVISIONS OF ARTICLE III OF THE PENNSYLVANIA URBAN MASS
2 TRANSPORTATION LAW OR THE FORMER PROVISIONS OF CHAPTER 15
3 SHALL BE DEEMED TO HAVE SATISFIED THE REQUIREMENTS OF
4 SUBSECTIONS (A) AND (B) CONCERNING THE ORGANIZATION OF AN
5 AUTHORITY UNDER THIS CHAPTER. NOTHING IN THIS CHAPTER SHALL
6 BE CONSTRUED TO ALTER OR MODIFY IN ANY RESPECT ANY CONTRACT
7 OR OTHER OBLIGATION OF SUCH AUTHORITY ENTERED INTO PRIOR TO
8 THE EFFECTIVE DATE OF THIS CHAPTER.
9 (2) AN AUTHORITY CREATED OR EXISTING UNDER THIS CHAPTER,
10 INCLUDING ANY AUTHORITY ESTABLISHED UNDER THE FORMER
11 PROVISIONS OF ARTICLE III OF THE PENNSYLVANIA URBAN MASS
12 TRANSPORTATION LAW OR THE FORMER PROVISIONS OF CHAPTER 15,
13 SHALL, WITHOUT THE NECESSITY OF ACTION OR ASSIGNMENT BY IT OR
14 ANY OTHER PERSON:
15 (I) CONTINUE IN THE RIGHTS AND RESPONSIBILITIES OF
16 ANY AUTHORITY EXISTING UNDER THE FORMER PROVISIONS OF THE
17 PENNSYLVANIA URBAN MASS TRANSPORTATION LAW OR THE FORMER
18 PROVISIONS OF CHAPTER 15 FOR ALL PURPOSES, INCLUDING, BUT
19 NOT LIMITED TO, RECEIPT OF ALL GRANTS, GIFTS,
20 APPROPRIATIONS, SUBSIDIES OR OTHER PAYMENTS;
21 (II) CONTINUE TO BE THE OWNER OF ANY REAL OR
22 PERSONAL PROPERTY AND ENJOY AND BE SUBJECT TO ANY AND ALL
23 RIGHTS AND RESPONSIBILITIES APPURTENANT THERETO OF ANY
24 AUTHORITY EXISTING UNDER THE FORMER PROVISIONS OF THE
25 PENNSYLVANIA URBAN MASS TRANSPORTATION LAW OR THE FORMER
26 PROVISIONS OF CHAPTER 15, INCLUDING, BUT NOT LIMITED TO,
27 ALL ASSETS, PROPERTY, REAL AND PERSONAL, TANGIBLE AND
28 INTANGIBLE, ALL EASEMENTS AND ALL EVIDENCES OF OWNERSHIP
29 OR OTHER INTEREST IN PART OR IN WHOLE, AND ALL RECORDS,
30 AND OTHER EVIDENCES PERTAINING THERETO; AND
19930H0878B1975 - 14 -
1 (III) CONTINUE TO BE OBLIGATED WITH RESPECT TO ALL
2 DEBT AND OTHER CONTRACTUAL OBLIGATIONS OF ANY AUTHORITY
3 EXISTING UNDER THE FORMER PROVISIONS OF THE PENNSYLVANIA
4 URBAN MASS TRANSPORTATION LAW OR THE FORMER PROVISIONS OF
5 CHAPTER 15.
6 (3) IT IS HEREBY DECLARED TO BE THE INTENT OF THE
7 GENERAL ASSEMBLY THAT AN AUTHORITY CREATED OR EXISTING UNDER
8 THIS CHAPTER, INCLUDING ANY AUTHORITY ESTABLISHED UNDER THE
9 FORMER PROVISIONS OF ARTICLE II OF THE PENNSYLVANIA URBAN
10 MASS TRANSPORTATION LAW OR THE FORMER PROVISIONS OF CHAPTER
11 15, AND THE MEMBERS, OFFICERS, OFFICIALS AND EMPLOYEES OF ANY
12 OF THEM, SHALL CONTINUE TO ENJOY SOVEREIGN AND OFFICIAL
13 IMMUNITY, AS PROVIDED IN 1 PA.C.S. § 2310 (RELATING TO
14 SOVEREIGN IMMUNITY REAFFIRMED; SPECIFIC WAIVER), AND SHALL
15 REMAIN IMMUNE FROM SUIT EXCEPT AS PROVIDED BY AND SUBJECT TO
16 THE PROVISION OF 42 PA.C.S. §§ 8501 (RELATING TO DEFINITIONS)
17 THROUGH 8528 (RELATING TO LIMITATIONS ON DAMAGES).
18 § 1712. GOVERNING AND POLICYMAKING BODY.
19 (A) TRANSPORTATION BOARD.--THE GOVERNING AND POLICYMAKING
20 BODY OF AN AUTHORITY SHALL BE A BOARD, TO BE KNOWN AS THE
21 TRANSPORTATION BOARD OF THE METROPOLITAN AREA, CONSISTING OF
22 MEMBERS TO BE APPOINTED AS PROVIDED IN SECTION 1713 (RELATING TO
23 APPOINTMENT OF BOARD MEMBERS), WHO, EXCEPT FOR THE APPOINTEE OF
24 THE GOVERNOR, MUST BE RESIDENTS OF THE METROPOLITAN AREA. NO
25 BOARD MEMBER SHALL BE ALLOWED ANY FEES, PERQUISITES OR
26 EMOLUMENTS, REWARD OR COMPENSATION FOR HIS SERVICES AS A MEMBER
27 OR OFFICER OF AN AUTHORITY, BUT THE BOARD MEMBER SHALL BE
28 REIMBURSED FOR ACTUAL EXPENSES INCURRED IN THE PERFORMANCE OF
29 HIS DUTIES.
30 (B) LIMIT ON EXERCISE OF POWERS.--THE BOARD SHALL NOT
19930H0878B1975 - 15 -
1 INVOLVE ITSELF IN THE DAY-TO-DAY ADMINISTRATION OF THE
2 AUTHORITY'S BUSINESS. IT SHALL LIMIT ITS EXERCISE OF POWERS TO
3 SUCH AREAS OF DISCRETION OR POLICY AS THE FUNCTIONS AND PROGRAMS
4 OF THE AUTHORITY, ANY SUBSTANTIAL CHANGE IN SYSTEM OPERATIONS,
5 THE AUTHORITY'S OPERATING AND CAPITAL BUDGETS, THE AUTHORITY'S
6 STANDARD OF SERVICES, UTILIZATION OF TECHNOLOGY, THE
7 ORGANIZATIONAL STRUCTURE AND, SUBJECT TO THE PROVISIONS OF THIS
8 CHAPTER, THE SELECTION OF AND THE ESTABLISHMENT OF SALARIES FOR
9 PERSONNEL.
10 (C) PUBLIC OFFICIALS PROHIBITED.--NO MEMBER APPOINTED TO THE
11 BOARD SUBSEQUENT TO THE EFFECTIVE DATE OF THIS CHAPTER SHALL BE
12 A PUBLIC OFFICIAL. ANY PUBLIC OFFICIAL CURRENTLY SERVING AS A
13 MEMBER OF THE BOARD ON THE EFFECTIVE DATE OF THIS CHAPTER SHALL
14 BE EXEMPT FROM THIS PROHIBITION.
15 § 1713. APPOINTMENT OF BOARD MEMBERS.
16 (A) APPOINTMENT.--EXCEPT AS PROVIDED IN SUBSECTION (D) WITH
17 RESPECT TO THE CONTINUATION IN OFFICE OF MEMBERS OF THE BOARD OF
18 ANY AUTHORITY ESTABLISHED UNDER THE FORMER PROVISIONS OF ARTICLE
19 III OF THE ACT OF JANUARY 22, 1968 (P.L.42, NO.8), KNOWN AS THE
20 PENNSYLVANIA URBAN MASS TRANSPORTATION LAW, OR THE FORMER
21 PROVISIONS OF CHAPTER 15 (RELATING TO METROPOLITAN
22 TRANSPORTATION AUTHORITIES) AT ANY TIME AFTER THE EFFECTIVE DATE
23 OF THIS CHAPTER:
24 (1) GUBERNATORIAL APPOINTMENTS.--THE GOVERNOR MAY
25 APPOINT AS A MEMBER OF THE BOARD ONE PERSON, WHO MAY BE AN EX
26 OFFICIO APPOINTEE FROM AMONG THE VARIOUS OFFICIALS IN THIS
27 COMMONWEALTH AND WHOSE TERM AS A BOARD MEMBER SHALL RUN
28 CONCURRENTLY WITH THAT OF HIS COMMONWEALTH POSITION, IF ANY,
29 OR THE TERM OF THE APPOINTING GOVERNOR, WHICHEVER IS SHORTER.
30 (2) LEGISLATIVE APPOINTMENTS.--THE MAJORITY LEADER AND
19930H0878B1975 - 16 -
1 THE MINORITY LEADER OF THE SENATE AND THE MAJORITY LEADER AND
2 THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES MAY EACH
3 APPOINT ONE PERSON TO SERVE AS A BOARD MEMBER, WHOSE TERM
4 SHALL BE CONCURRENT WITH THE TERM AND WHO SHALL SERVE AT THE
5 PLEASURE OF THE APPOINTING LEGISLATIVE LEADER.
6 (3) LOCAL APPOINTMENTS.--
7 (I) THE COUNTY COMMISSIONERS OR THE COUNTY COUNCIL
8 IN EACH COUNTY AND, IN ANY COUNTY OF THE FIRST CLASS
9 CONTAINING A CITY OF THE FIRST CLASS, THE MAYOR, WITH THE
10 APPROVAL OF THE CITY COUNCIL, MAY APPOINT ONE PERSON FROM
11 EACH COUNTY TO SERVE AS BOARD MEMBERS.
12 (II) THE COUNTY COMMISSIONERS OR THE COUNTY COUNCIL
13 IN EACH COUNTY AND, IN ANY COUNTY OF THE FIRST CLASS
14 CONTAINING A CITY OF THE FIRST CLASS, THE MAYOR, WITH THE
15 APPROVAL OF CITY COUNCIL, MAY APPOINT ADDITIONAL MEMBERS
16 BASED UPON EACH COUNTY'S SHARE OF FINANCIAL ASSISTANCE TO
17 THE AUTHORITY. FOR EACH 15% SHARE OF LOCAL FUNDING
18 PURSUANT TO SECTION 1302(2)(III) (RELATING TO PROGRAM
19 AUTHORIZATIONS), ONE ADDITIONAL MEMBER MAY BE APPOINTED.
20 INITIALLY, DETERMINATION OF THESE LOCAL CONTRIBUTIONS
21 SHALL BE BASED UPON LOCAL FUNDING ATTRIBUTED TO EACH
22 COUNTY BY THE AUTHORITY FOR THE 1991-1992 FISCAL YEAR. IN
23 SUBSEQUENT YEARS, THIS DETERMINATION SHALL BE BASED UPON
24 THE AUTHORITY'S CERTIFICATION OF EACH COUNTY'S SHARE OF
25 LOCAL FUNDING PROVIDED DURING THE PRIOR FISCAL YEAR. THE
26 AUTHORITY SHALL ANNUALLY PROVIDE THIS INFORMATION WHEN
27 SUBMITTING ITS REPORT TO THE DEPARTMENT PURSUANT TO
28 SECTION 1741(A)(24) (RELATING TO GENERAL POWERS). ANY
29 CHANGE IN COUNTY FUNDING THAT WOULD RESULT IN THE
30 ADDITION OR REMOVAL OF MEMBERS FROM THE BOARD WOULD TAKE
19930H0878B1975 - 17 -
1 EFFECT IN THE FISCAL YEAR FOLLOWING THE AUTHORITY'S
2 CERTIFICATION OF THE CHANGE TO THE DEPARTMENT.
3 (B) SUCCESSOR.--AT THE EXPIRATION OF THE TERM OF ANY BOARD
4 MEMBER, HIS SUCCESSOR SHALL BE APPOINTED BY THE SAME POWER WHO
5 APPOINTED THAT BOARD MEMBER, FOR A TERM OF FIVE YEARS FROM THE
6 EXPIRATION DATE.
7 (C) CERTIFICATION AND OATH OF OFFICE.--THE APPOINTING POWERS
8 SHALL CERTIFY THEIR RESPECTIVE APPOINTMENTS TO THE SECRETARY OF
9 THE COMMONWEALTH. WITHIN 30 DAYS AFTER CERTIFICATION OF HIS
10 APPOINTMENT AND BEFORE ENTERING UPON THE DUTIES OF HIS OFFICE,
11 EACH MEMBER OF THE BOARD SHALL TAKE AND SUBSCRIBE THE
12 CONSTITUTIONAL OATH OF OFFICE AND FILE IT IN THE OFFICE OF THE
13 SECRETARY OF THE COMMONWEALTH.
14 (D) TRANSITION PROVISION.--WITH RESPECT TO THE BOARD OF ANY
15 AUTHORITY ESTABLISHED UNDER THE FORMER PROVISIONS OF ARTICLE III
16 OF THE PENNSYLVANIA URBAN MASS TRANSPORTATION LAW OR THE FORMER
17 PROVISIONS OF CHAPTER 15, ALL MEMBERS OF THE BOARD OF THE
18 AUTHORITY SHALL BE DEEMED TO BE MEMBERS OF THE BOARD OF AN
19 AUTHORITY CREATED UNDER THIS CHAPTER AND SHALL CONTINUE IN
20 OFFICE UNTIL THEIR RESPECTIVE TERMS OF OFFICE WOULD HAVE EXPIRED
21 AS PROVIDED FOR IN THE FORMER PROVISIONS OF THE PENNSYLVANIA
22 URBAN MASS TRANSPORTATION LAW OR IN SECTION 1517 (RELATING TO
23 APPOINTMENT OF BOARD MEMBERS) AND SHALL EXERCISE THE POWERS,
24 FUNCTIONS AND DUTIES OF A BOARD OF AN AUTHORITY CREATED UNDER
25 THIS CHAPTER.
26 (E) EXPIRATION OF TERMS OF CURRENT MEMBERS.--THIRTY DAYS
27 FROM THE EFFECTIVE DATE OF THIS CHAPTER, THE TERMS OF ALL BOARD
28 MEMBERS CURRENTLY SERVING UNDER SECTION 1517(A)(2) (RELATING TO
29 APPOINTMENT OF BOARD MEMBERS) SHALL EXPIRE. AFTER THAT DATE,
30 APPOINTMENTS MAY BE MADE TO THE BOARD UNDER SUBSECTION (A)(3).
19930H0878B1975 - 18 -
1 § 1714. RESIGNATION AND VACANCIES.
2 (A) REMOVAL AND VACANCY.--MEMBERS OF THE BOARD SHALL HOLD
3 OFFICE UNTIL THEIR RESPECTIVE SUCCESSORS HAVE BEEN APPOINTED AND
4 HAVE QUALIFIED. THE APPOINTING POWER MAY REMOVE ANY MEMBER OF
5 THE BOARD APPOINTED BY THAT APPOINTING POWER, BUT ONLY IN CASE
6 OF INCOMPETENCY, NEGLECT OF DUTY OR MALFEASANCE IN OFFICE. NO
7 MEMBER SHALL BE THUS REMOVED EXCEPT AFTER HAVING BEEN GIVEN A
8 COPY OF THE CHARGES AGAINST THE MEMBER AND AN OPPORTUNITY TO BE
9 PUBLICLY HEARD, AT A PLACE IN THE METROPOLITAN AREA, IN PERSON
10 OR BY COUNSEL, IN HIS OWN DEFENSE UPON NOT LESS THAN TEN DAYS'
11 WRITTEN NOTICE. IN CASE OF FAILURE TO QUALIFY WITHIN THE TIME
12 REQUIRED OR OF ABANDONMENT OF HIS OFFICE OR IN CASE OF DEATH,
13 CONVICTION OF A FELONY OR REMOVAL FROM OFFICE, THAT OFFICE SHALL
14 BECOME VACANT.
15 (B) ABANDONMENT.--A MEMBER SHALL BE DEEMED TO HAVE ABANDONED
16 HIS OFFICE UPON FAILURE TO ATTEND ANY REGULAR OR SPECIAL MEETING
17 OF THE BOARD, WITHOUT EXCUSE APPROVED BY RESOLUTION OF THE
18 BOARD, FOR A PERIOD OF FOUR MONTHS OR UPON REMOVAL OF HIS
19 RESIDENCE FROM THE METROPOLITAN AREA.
20 (C) FILLING OF VACANCY.--EACH VACANCY SHALL BE FILLED FOR
21 THE UNEXPIRED TERM BY APPOINTMENT IN LIKE MANNER AND WITH LIKE
22 REGARD AS TO THE PLACE OF RESIDENCE OF THE APPOINTEE AS IN CASE
23 OF EXPIRATION OF THE TERM OF A MEMBER OF THE BOARD.
24 (D) APPEAL.--A MEMBER REMOVED FOR INCOMPETENCY, NEGLECT OF
25 DUTY OR MALFEASANCE IN OFFICE SHALL HAVE THE RIGHT TO APPEAL
26 THAT REMOVAL TO THE COURT OF COMMON PLEAS OF THE COUNTY FOR
27 WHICH THAT MEMBER WAS APPOINTED, BUT ONLY ON THE GROUND OF ERROR
28 OF LAW OR MANIFEST AND FLAGRANT ABUSE OF DISCRETION.
29 § 1715. MEETINGS, QUORUM, OFFICERS AND RECORDS.
30 (A) MEETINGS.--REGULAR MEETINGS OF THE BOARD SHALL BE HELD
19930H0878B1975 - 19 -
1 IN THE METROPOLITAN AREA AT LEAST ONCE IN EACH CALENDAR MONTH
2 EXCEPT JULY OR AUGUST, THE TIME AND PLACE OF THE MEETINGS TO BE
3 FIXED BY THE BOARD. A MAJORITY OF THE BOARD SHALL CONSTITUTE A
4 QUORUM FOR THE TRANSACTION OF BUSINESS. ALL ACTION OF THE BOARD
5 SHALL BE BY RESOLUTION, AND THE AFFIRMATIVE VOTE OF A MAJORITY
6 OF ALL THE MEMBERS SHALL BE NECESSARY FOR THE ADOPTION OF ANY
7 RESOLUTION. NO ACTION BY THE BOARD TO WHICH AN EXPRESS OBJECTION
8 HAS BEEN MADE, UNDER THIS SECTION, BY A BOARD MEMBER OR MEMBERS
9 REPRESENTING A COUNTY OR COUNTIES HAVING ONE-THIRD OR MORE OF
10 THE POPULATION OF THE METROPOLITAN AREA, AS DETERMINED BY THE
11 MOST RECENT DECENNIAL CENSUS, SHALL BE CARRIED UNLESS SUPPORTED
12 AT A SUBSEQUENT REGULAR MEETING OF THE BOARD BY THE VOTES OF AT
13 LEAST THREE-QUARTERS OF THE MEMBERSHIP OF THE BOARD. IN CASE OF
14 DISAGREEMENT BETWEEN MEMBERS REPRESENTING THE SAME COUNTY, EACH
15 MEMBER SHALL BE DEEMED TO REPRESENT ONE-HALF OF THE POPULATION
16 OF THAT COUNTY.
17 (B) OFFICERS.--THE BOARD SHALL ELECT FROM AMONG ITS MEMBERS
18 A CHAIRMAN AND A VICE CHAIRMAN, EACH OF WHOM SHALL SERVE FOR A
19 TERM OF ONE YEAR AND UNTIL HIS SUCCESSOR SHALL HAVE BEEN ELECTED
20 AND QUALIFIED AND WHO SHALL PERFORM THOSE DUTIES AS THE BOARD
21 SHALL, BY RESOLUTION, DETERMINE.
22 (C) PUBLIC MEETINGS AND RECORDS.--
23 (1) THE BOARD SHALL BE SUBJECT TO THE ACT OF JUNE 21,
24 1957 (P.L.390, NO.212), REFERRED TO AS THE RIGHT-TO-KNOW LAW,
25 AND THE ACT OF JULY 3, 1986 (P.L.388, NO.84), KNOWN AS THE
26 SUNSHINE ACT.
27 (2) NOTWITHSTANDING THE PROVISIONS OF SECTION 4 OF THE
28 SUNSHINE ACT, ONE OR MORE PERSONS MAY PARTICIPATE IN A
29 MEETING OF THE BOARD, OR OF ANY COMMITTEE THEREOF, BY MEANS
30 OF CONFERENCE TELEPHONE OR SIMILAR COMMUNICATIONS EQUIPMENT
19930H0878B1975 - 20 -
1 BY MEANS OF WHICH ALL PERSONS PARTICIPATING IN THE MEETING
2 CAN HEAR EACH OTHER, INCLUDING, IN THE CASE OF A MEETING OPEN
3 TO THE PUBLIC, ALL OTHER PERSONS PRESENT AT THE PLACE OF
4 MEETING DESIGNATED BY PUBLIC NOTICE. PARTICIPATION BY ONE OR
5 MORE MEMBERS OF THE BOARD IN A MEETING PURSUANT TO THIS
6 SUBSECTION SHALL CONSTITUTE PRESENCE IN PERSON AT THE
7 MEETING.
8 § 1716. SECRETARY, OATH, BOND.
9 THE BOARD SHALL APPOINT A SECRETARY, WHO SHALL NOT BE A
10 MEMBER OF THE BOARD, TO HOLD OFFICE AT THE PLEASURE OF THE BOARD
11 AND SHALL FIX HIS DUTIES AND COMPENSATION. THE SECRETARY SHALL
12 NOT BE ENGAGED IN ANY OTHER BUSINESS OR EMPLOYMENT DURING HIS
13 TENURE OF OFFICE AS SECRETARY OF THE BOARD. BEFORE ENTERING UPON
14 THE DUTIES OF THE OFFICE OF SECRETARY, HE SHALL TAKE AND
15 SUBSCRIBE THE CONSTITUTIONAL OATH OF OFFICE. OFFICERS AND
16 EMPLOYEES OF THE AUTHORITY, AND THOSE MEMBERS OF THE BOARD AS
17 THE BOARD MAY DETERMINE, SHALL EXECUTE CORPORATE SURETY BONDS
18 CONDITIONED UPON THE FAITHFUL PERFORMANCE OF THEIR RESPECTIVE
19 DUTIES. A BLANKET FORM OF SURETY BOND MAY BE USED FOR THIS
20 PURPOSE IF THE BOARD DEEMS THIS PROCEDURE TO BE PRACTICAL AND
21 PRUDENT. THE OBLIGATION OF THE SURETIES SHALL NOT EXTEND TO ANY
22 LOSS SUSTAINED BY THE INSOLVENCY, FAILURE OR CLOSING OF ANY
23 NATIONAL OR STATE BANK, BANK AND TRUST COMPANY OR TRUST COMPANY
24 WHEREIN FUNDS OF THE AUTHORITY HAVE BEEN DEPOSITED IF THE BANK,
25 BANK AND TRUST COMPANY OR TRUST COMPANY HAS BEEN APPROVED BY THE
26 BOARD AS A DEPOSITORY FOR THESE FUNDS. THE OATHS OF OFFICE AND
27 THE SURETY BOND OR BONDS SHALL BE FILED IN THE PRINCIPAL OFFICE
28 OF THE AUTHORITY.
29 § 1717. CONTROLLER.
30 THE BOARD SHALL APPOINT A CONTROLLER, WHO SHALL NOT BE A
19930H0878B1975 - 21 -
1 MEMBER OF THE BOARD, TO HOLD OFFICE AT THE PLEASURE OF THE BOARD
2 AND SHALL FIX HIS COMPENSATION. THE CONTROLLER SHALL CONSULT
3 WITH, ADVISE AND ASSIST THE BOARD ON FINANCIAL AND ACCOUNTING
4 MATTERS, INCLUDING, BUT NOT LIMITED TO, THE AUTHORITY'S SYSTEM
5 OF INTERNAL CONTROLS, FINANCIAL REPORTS, CURRENT FINANCIAL
6 CONDITION AND SUCH OTHER FINANCIAL AND ACCOUNTING MATTERS WHICH
7 THE BOARD MAY DEEM APPROPRIATE. THE CONTROLLER SHALL SUBMIT AN
8 ANNUAL REPORT OF THE AUTHORITY'S FINANCIAL CONDITION WHICH SHALL
9 BE IN ADDITION TO ANY OTHER FINANCIAL REPORT REQUIRED BY THIS
10 CHAPTER TO THE BOARD, THE GENERAL MANAGER AND THE SECRETARY OF
11 TRANSPORTATION. THE CONTROLLER SHALL EXECUTE A CORPORATE SURETY
12 BOND AND, BEFORE ENTERING UPON THE DUTIES OF HIS OFFICE, SHALL
13 TAKE AND SUBSCRIBE THE CONSTITUTIONAL OATH OF OFFICE.
14 § 1718. SIGNATURES.
15 (A) FACSIMILE SIGNATURES.--WHENEVER THE BUSINESS OF THE
16 AUTHORITY REQUIRES THE AFFIXING OF THE SIGNATURE OF ANY OFFICER
17 OR EMPLOYEE OF THE AUTHORITY, THE USE OF A FACSIMILE SIGNATURE,
18 WHEN EXPRESSLY AUTHORIZED BY RESOLUTION OF THE BOARD, SHALL HAVE
19 THE SAME FORCE AND EFFECT AS AN ORIGINAL SIGNATURE.
20 (B) SIGNATURES OF OFFICERS CEASING TO HOLD OFFICE.--IN CASE
21 ANY OFFICER WHOSE SIGNATURE APPEARS UPON ANY CHECK, DRAFT, BOND,
22 CERTIFICATE OR INTEREST COUPON ISSUED UNDER THIS CHAPTER CEASES
23 TO HOLD OFFICE BEFORE THE DELIVERY THEREOF TO THE PAYEE OR THE
24 PURCHASER OF ANY BOND OR CERTIFICATE, THE OFFICER'S SIGNATURE
25 NEVERTHELESS SHALL BE VALID AND SUFFICIENT FOR ALL PURPOSES WITH
26 THE SAME EFFECT AS IF HE HAD REMAINED IN OFFICE UNTIL DELIVERY
27 THEREOF.
28 § 1719. GENERAL MANAGER.
29 THE BOARD SHALL, UPON THE APPROVAL OF A QUALIFIED MAJORITY,
30 APPOINT A GENERAL MANAGER, WHO SHALL BE THE CHIEF OPERATIONS
19930H0878B1975 - 22 -
1 OFFICER OF THE AUTHORITY AND WHO SHALL HAVE DEMONSTRATED THAT HE
2 IS COMPETENT AND EXPERIENCED IN THE AREA OF TRANSIT MANAGEMENT,
3 AND SHALL FIX HIS COMPENSATION. THE GENERAL MANAGER SHALL HAVE
4 THE POWER AND DUTY TO:
5 (1) MANAGE THE PROPERTIES OF THE AUTHORITY.
6 (2) ATTEND TO THE DAY-TO-DAY ADMINISTRATION, FISCAL
7 MANAGEMENT AND OPERATION OF THE AUTHORITY'S BUSINESS.
8 (3) APPOINT SUCH EMPLOYEES, IN CONSULTATION WITH THE
9 BOARD, AS HE DEEMS NECESSARY TO CONDUCT THE AFFAIRS OF HIS
10 OFFICE, SUBJECT TO THE PROVISIONS OF THIS CHAPTER.
11 (4) IMPLEMENT AND ENFORCE ALL RESOLUTIONS, RULES AND
12 REGULATIONS OF THE BOARD.
13 (5) SUBMIT TO THE BOARD, ACCORDING TO A SCHEDULE
14 ESTABLISHED BY IT, PERIODIC REPORTS SHOWING THE OVERALL STATE
15 OR CONDITION OF THE TRANSPORTATION SYSTEM ACCORDING TO
16 ESTABLISHED INDUSTRY PERFORMANCE STANDARDS. THESE REPORTS
17 SHALL BE CONSIDERED PUBLIC RECORDS.
18 (6) IMPLEMENT POLICIES ESTABLISHED BY THE BOARD.
19 § 1720. TREASURER.
20 THE GENERAL MANAGER SHALL APPOINT A TREASURER TO HOLD OFFICE
21 AT HIS PLEASURE. IN ADDITION TO THE DUTIES IMPOSED ON THE
22 TREASURER BY THIS CHAPTER, THE TREASURER SHALL PERFORM SUCH
23 OTHER DUTIES AS THE GENERAL MANAGER SHALL PRESCRIBE. THE
24 TREASURER SHALL EXECUTE A CORPORATE SURETY BOND AND, BEFORE
25 ENTERING UPON THE DUTIES OF HIS OFFICE, SHALL TAKE AND SUBSCRIBE
26 THE CONSTITUTIONAL OATH OF OFFICE.
27 § 1721. COUNSEL TO THE BOARD.
28 THE BOARD SHALL APPOINT A COUNSEL TO THE BOARD, WHO SHALL BE
29 AN ATTORNEY AT LAW ADMITTED TO PRACTICE BEFORE THE SUPREME COURT
30 OF PENNSYLVANIA AND WHO SHALL BE APPOINTED BY THE BOARD TO SERVE
19930H0878B1975 - 23 -
1 AT ITS DISCRETION. THE BOARD SHALL PAY THE COUNSEL TO THE BOARD
2 REASONABLE COMPENSATION FOR SERVICES ACTUALLY PERFORMED. THE
3 COUNSEL TO THE BOARD SHALL ADVISE THE BOARD IN ALL MATTERS
4 RELATING TO ITS OFFICIAL DUTIES AND SHALL, UPON THE APPROVAL OF
5 A QUALIFIED MAJORITY AND NOTWITHSTANDING ANY OTHER PROVISION OF
6 THIS CHAPTER, APPROVE ALL MATTERS RELATING TO BONDS AND
7 INDENTURES.
8 § 1722. LEGAL DIVISION AND GENERAL COUNSEL.
9 (A) ESTABLISHMENT AND OPERATION.--THE BOARD SHALL, UPON THE
10 APPROVAL OF A QUALIFIED MAJORITY, APPOINT A GENERAL COUNSEL WHO
11 SHALL BE AN ATTORNEY ADMITTED TO PRACTICE BEFORE THE SUPREME
12 COURT OF PENNSYLVANIA. THE GENERAL MANAGER, IN CONSULTATION WITH
13 THE BOARD, SHALL ESTABLISH A LEGAL DIVISION ADMINISTERED BY A
14 FULL-TIME GENERAL COUNSEL AND CONSISTING OF SUCH ATTORNEYS AND
15 OTHER EMPLOYEES AS THE GENERAL COUNSEL FROM TIME TO TIME SHALL
16 DETERMINE TO BE NECESSARY TO ADMINISTER THE LEGAL AFFAIRS OF THE
17 AUTHORITY, EXCEPT AS PROVIDED IN SECTION 1721 (RELATING TO
18 COUNSEL TO THE BOARD). THE LEGAL DIVISION SHALL PROSECUTE AND
19 DEFEND, SETTLE OR COMPROMISE ALL SUITS OR CLAIMS FOR AND ON
20 BEHALF OF THE AUTHORITY AND SHALL ADVISE THE GENERAL MANAGER IN
21 ALL MATTERS RELATING TO HIS OFFICIAL DUTIES. THE AUTHORITY SHALL
22 NOT BE CONSIDERED EITHER AN EXECUTIVE AGENCY OR AN INDEPENDENT
23 AGENCY FOR PURPOSES OF THE ACT OF OCTOBER 15, 1980 (P.L.950,
24 NO.164), KNOWN AS THE COMMONWEALTH ATTORNEYS ACT, BUT SHALL
25 POSSESS THE SAME STATUS FOR SUCH PURPOSE AS THE AUDITOR GENERAL,
26 THE STATE TREASURER AND THE PENNSYLVANIA PUBLIC UTILITY
27 COMMISSION, EXCEPT THAT THE PROVISIONS OF SECTION 204(B) AND (F)
28 OF THE COMMONWEALTH ATTORNEYS ACT SHALL NOT APPLY TO THE
29 AUTHORITY AND, NOTWITHSTANDING THE PROVISIONS OF 42 PA.C.S. §
30 8525 (RELATING TO LEGAL ASSISTANCE), THE AUTHORITY THROUGH ITS
19930H0878B1975 - 24 -
1 COUNSEL SHALL DEFEND ACTIONS BROUGHT AGAINST THE AUTHORITY AND
2 ITS OFFICERS AND EMPLOYEES WHEN ACTING WITHIN THE SCOPE OF THEIR
3 OFFICIAL DUTIES.
4 (B) OTHER COUNSEL.--THE GENERAL COUNSEL MAY, FROM TIME TO
5 TIME, WITH THE APPROVAL OF A QUALIFIED MAJORITY, RETAIN SUCH
6 OTHER LEGAL COUNSEL ON SUCH TERMS AND FOR SUCH PURPOSES AS SHALL
7 BE DEEMED NECESSARY. NOTHING IN THIS SECTION OR IN SECTION 1721
8 SHALL BE CONSTRUED SO AS TO LIMIT THE POWER OF THE LEGAL OR
9 OTHER OFFICERS OF THE COUNTIES AND MUNICIPALITIES COMPRISING THE
10 METROPOLITAN AREA TO ACT IN BEHALF OF THE GENERAL MANAGER IN
11 THEIR OFFICIAL CAPACITIES WHEN REQUESTED TO DO SO BY THE GENERAL
12 MANAGER.
13 § 1723. OTHER EMPLOYEES.
14 (A) COLLECTIVE BARGAINING.--THE BOARD ACTING THROUGH THE
15 GENERAL MANAGER SHALL HAVE THE RIGHT TO BARGAIN COLLECTIVELY AND
16 ENTER INTO AGREEMENTS WITH LABOR ORGANIZATIONS. THE BOARD ACTING
17 THROUGH THE GENERAL MANAGER SHALL RECOGNIZE AND BE BOUND BY
18 EXISTING LABOR UNION AGREEMENTS WHERE THEY EXIST BETWEEN LABOR
19 UNIONS AND TRANSPORTATION COMPANIES THAT ARE ACQUIRED,
20 PURCHASED, CONDEMNED OR LEASED BY THE BOARD. IT SHALL DESIGNATE
21 THEIR DUTIES AND REQUIRE BONDS OF THOSE OF THEM AS THE BOARD MAY
22 DESIGNATE.
23 (B) COMPENSATION.--THE COMPENSATION OF THE GENERAL MANAGER,
24 COUNSEL TO THE BOARD, SECRETARY AND CONTROLLER SHALL BE FIXED BY
25 THE BOARD. FOR ALL OTHER OFFICERS, EMPLOYEES, ATTORNEYS,
26 ENGINEERS, CONSULTANTS AND AGENTS, THE BOARD SHALL ESTABLISH
27 SALARY SCALES. THE GENERAL MANAGER SHALL ESTABLISH, WITHIN THESE
28 SALARY SCALES, COMPENSATION LEVELS BASED UPON WRITTEN APPRAISALS
29 OF PERFORMANCE FOR ALL EMPLOYEES UNDER HIS CONTROL. THE
30 SECRETARY AND THE CONTROLLER SHALL ESTABLISH, WITHIN THESE
19930H0878B1975 - 25 -
1 SALARY SCALES, COMPENSATION LEVELS BASED UPON WRITTEN APPRAISALS
2 OF PERFORMANCE FOR ALL EMPLOYEES IN THEIR RESPECTIVE OFFICES.
3 (C) OTHER OFFICES OR EMPLOYMENT.--WITH THE EXCEPTION OF THE
4 SECRETARY, ANY OF THE OFFICERS AND EMPLOYEES DESCRIBED IN
5 SUBSECTION (B) MAY BE APPOINTED, RETAINED, HIRED OR EMPLOYED ON
6 A PART-TIME BASIS AND MAY BE ENGAGED IN OTHER BUSINESS OR
7 PROFESSIONAL ACTIVITIES. NO SALARIED EXECUTIVE OFFICER OF THE
8 AUTHORITY SHALL HOLD ANY OTHER OFFICE IN OR BE AN EMPLOYEE OF
9 THE FEDERAL, STATE OR ANY COUNTY OR MUNICIPAL GOVERNMENT EXCEPT
10 AN OFFICE OR EMPLOYMENT WITHOUT COMPENSATION OR AN OFFICE IN THE
11 MILITARY RESERVE OR NATIONAL GUARD.
12 § 1724. PERSONNEL MATTERS.
13 (A) CLASSIFICATION OF POSITION.--
14 (1) THE GENERAL MANAGER SHALL CLASSIFY ALL THE OFFICES,
15 POSITIONS AND GRADES OF REGULAR EMPLOYMENT REQUIRED WITH
16 REFERENCE TO THE DUTIES AND COMPENSATION FIXED THEREFOR AND
17 ADOPT RULES GOVERNING APPOINTMENTS TO ANY OF SUCH OFFICES OR
18 POSITIONS ON THE BASIS OF MERIT AND EFFICIENCY.
19 (2) PARAGRAPH (1) SHALL NOT APPLY TO THE CHAIRMAN OF THE
20 BOARD, SECRETARY, COUNSEL TO THE BOARD OR CONTROLLER.
21 (3) NO DISCRIMINATION SHALL BE MADE IN ANY APPOINTMENT
22 OR PROMOTION BECAUSE OF AGE, SEX, RACE, CREED, COLOR,
23 POLITICAL OR RELIGIOUS AFFILIATIONS OR DISABILITY. NO OFFICER
24 OR EMPLOYEE SHALL BE DISCHARGED OR DEMOTED EXCEPT FOR JUST
25 CAUSE.
26 (B) CHANGE IN WORK FORCE.--THE GENERAL MANAGER MAY ABOLISH
27 ANY OFFICE OR REDUCE THE FORCE OF EMPLOYEES FOR LACK OF WORK OR
28 LACK OF FUNDS, BUT, IN SO DOING, THE OFFICER OR EMPLOYEE WITH
29 THE SHORTEST SERVICE RECORD IN THE CLASSIFICATION AND GRADE TO
30 WHICH THE OFFICER OR EMPLOYEE BELONGS SHALL BE FIRST RELEASED
19930H0878B1975 - 26 -
1 FROM SERVICE AND SHALL BE REINSTATED IN ORDER OF SENIORITY WHEN
2 ADDITIONAL FORCE OF EMPLOYEES IN THAT JOB CLASSIFICATION AND
3 GRADE IS REQUIRED. NO PERSON SHALL BE RELEASED FROM SERVICE
4 UNDER THIS SUBSECTION IF THE PERSON CAN BE TRANSFERRED:
5 (1) TO ANOTHER JOB CLASSIFICATION AT A LOWER GRADE IN
6 WHICH JOB CLASSIFICATION THE PERSON HAD PREVIOUSLY SERVED,
7 FOR WHICH THAT PERSON IS QUALIFIED, AND IN WHICH THE
8 INCUMBENT IS JUNIOR IN SENIORITY; OR
9 (2) TO A VACANCY IN ANOTHER JOB CLASSIFICATION FOR WHICH
10 THAT PERSON IS QUALIFIED.
11 (C) PENSION SYSTEM.--THERE SHALL BE ESTABLISHED AND
12 MAINTAINED BY THE AUTHORITY A PENSION AND RETIREMENT SYSTEM TO
13 PROVIDE FOR PAYMENTS WHEN DUE UNDER SUCH SYSTEM OR AS MODIFIED
14 FROM TIME TO TIME BY RESOLUTION OF THE BOARD. FOR THIS PURPOSE,
15 BOTH THE BOARD AND THE PARTICIPATING EMPLOYEES SHALL MAKE SUCH
16 PERIODIC PAYMENTS TO THE ESTABLISHED SYSTEM AS MAY BE DETERMINED
17 BY RESOLUTION. THE BOARD MAY PROVIDE FOR PARTICIPATION BY ITS
18 EMPLOYEES IN THE SOCIAL SECURITY PROGRAM OR, IN LIEU OF SOCIAL
19 SECURITY PAYMENTS REQUIRED TO BE PAID BY PRIVATE CORPORATIONS
20 ENGAGED IN SIMILAR ACTIVITY, SHALL MAKE PAYMENTS INTO SUCH
21 ESTABLISHED SYSTEM AT LEAST EQUAL IN AMOUNT TO THE AMOUNT SO
22 REQUIRED TO BE PAID BY SUCH PRIVATE CORPORATIONS OR SHALL MAKE
23 SUCH OTHER ARRANGEMENTS AS WILL ACCOMPLISH THE SAME PURPOSE.
24 PROVISIONS SHALL BE MADE BY THE BOARD FOR ALL OFFICERS AND
25 EMPLOYEES OF THE AUTHORITY APPOINTED UNDER THIS CHAPTER TO
26 BECOME, SUBJECT TO PROCEDURES ADOPTED BY RESOLUTION OF THE
27 BOARD, MEMBERS AND BENEFICIARIES OF THE PENSIONS AND RETIREMENT
28 SYSTEM, WITH UNIFORM RIGHTS, PRIVILEGES, OBLIGATIONS AND STATUS
29 AS TO THE CLASS IN WHICH THE OFFICERS AND EMPLOYEES BELONG.
30 MEMBERS AND BENEFICIARIES OF ANY PENSION OR RETIREMENT SYSTEM
19930H0878B1975 - 27 -
1 ESTABLISHED BY A TRANSPORTATION SYSTEM ACQUIRED BY THE AUTHORITY
2 SHALL CONTINUE TO HAVE RIGHTS, PRIVILEGES, BENEFITS, OBLIGATIONS
3 AND STATUS WITH RESPECT TO THE PREVIOUSLY ESTABLISHED SYSTEM. TO
4 ACHIEVE THE PURPOSES SET FORTH IN THIS SUBSECTION, THE BOARD
5 SHALL, BY RESOLUTION, ADOPT APPROPRIATE PROCEDURES AND FROM TIME
6 TO TIME SHALL OBTAIN COMPETENT ACTUARIAL ADVICE.
7 § 1725. PUBLIC HEARINGS.
8 (A) CONDUCT.--ALL PUBLIC HEARINGS REQUIRED BY THIS CHAPTER
9 SHALL BE CONDUCTED SO AS TO INSURE THAT:
10 (1) MEMBERS OF THE PUBLIC ARE AFFORDED A REASONABLE
11 OPPORTUNITY TO COMMENT ORALLY OR IN WRITING OR BOTH ORALLY
12 AND IN WRITING CONCERNING ACTIONS THE AUTHORITY PROPOSES TO
13 TAKE.
14 (2) THE SITE OF THE HEARING IS A CONVENIENT, ACCESSIBLE
15 LOCATION.
16 (3) MEMBERS OF THE PUBLIC ARE ADEQUATELY INFORMED AT THE
17 OUTSET REGARDING THE PURPOSES OF THE HEARING AND THE MATTERS
18 ON THE AGENDA.
19 (4) REASONABLE AND LEGITIMATE QUESTIONS FROM MEMBERS OF
20 THE PUBLIC ARE ANSWERED.
21 (B) DECREASE IN SERVICE.--WHENEVER A DECREASE IN SERVICE IS
22 PROPOSED, A PUBLIC HEARING SHALL BE CONDUCTED IN ACCORDANCE WITH
23 THIS SECTION IN THE AREA AFFECTED BY THE PROPOSED DECREASE IN
24 SERVICE.
25 § 1726. CITIZEN ADVISORY COMMITTEE.
26 (A) ESTABLISHMENT AND COMPOSITION.--THERE IS HEREBY
27 ESTABLISHED A CITIZEN ADVISORY COMMITTEE. THE COMMITTEE SHALL
28 CONSIST OF:
29 (1) AN EVEN NUMBER OF MEMBERS OF THE GENERAL PUBLIC NOT
30 FEWER THAN 14 AND NOT GREATER THAN 24, THE EXACT NUMBER TO BE
19930H0878B1975 - 28 -
1 DETERMINED BY THE GENERAL MANAGER, WHO SHALL BE APPOINTED BY
2 THE COUNTY COMMISSIONERS OR THE COUNTY COUNCIL, AS THE CASE
3 MAY BE, OF ALL COUNTIES OF THE THIRD CLASS AND SECOND CLASS A
4 WHO ARE INVOLVED WITH ANY CITY OF THE FIRST CLASS IN THE
5 OPERATION OF A TRANSPORTATION SYSTEM AND BY THE MAYOR OF ANY
6 SUCH CITY OF THE FIRST CLASS FROM RESIDENTS OF THEIR
7 RESPECTIVE MUNICIPALITIES WHO ARE REGULAR USERS OF MASS
8 TRANSPORTATION SERVICE; AND
9 (2) FIVE MEMBERS OF THE GENERAL PUBLIC, ONE RESIDENT
10 FROM EACH OF THE COUNTIES MENTIONED IN PARAGRAPH (1) AND ONE
11 RESIDENT FROM THE CITY MENTIONED IN PARAGRAPH (1) WHO ARE
12 REGULAR USERS OF MASS TRANSPORTATION SERVICE, WHO SHALL BE
13 APPOINTED BY THE GENERAL MANAGER.
14 (B) TERMS.--THE COMPOSITION OF THE COMMITTEE SHALL REFLECT
15 THE PROPORTIONATE DISTRIBUTION OF TOTAL RIDERSHIP AMONG ALL
16 COUNTIES OF THE THIRD CLASS AND SECOND CLASS A WHO ARE INVOLVED
17 WITH ANY CITY OF THE FIRST CLASS IN THE OPERATION OF A
18 TRANSPORTATION SYSTEM AND ANY SUCH CITY OF THE FIRST CLASS. THE
19 TERMS OF THE MEMBERS SHALL BE TWO YEARS FROM THE DATE OF
20 APPOINTMENT OR UNTIL A SUCCESSOR HAS BEEN APPOINTED EXCEPT THAT
21 ONE-HALF OF THE MEMBERS FIRST APPOINTED SHALL SERVE FOR TERMS OF
22 ONE YEAR AND THE OTHER ONE-HALF SHALL SERVE FOR TERMS OF TWO
23 YEARS. NO MEMBER SHALL SERVE MORE THAN THREE CONSECUTIVE TERMS.
24 THE COMMITTEE SHALL SELECT FROM AMONG ITS NUMBER A CHAIRMAN,
25 VICE CHAIRMAN AND A SECRETARY. A MAJORITY OF THE MEMBERS OF THE
26 COMMITTEE PLUS ONE SHALL CONSTITUTE A QUORUM.
27 (C) SUBJECTS TO BE SUBMITTED.--REGARDLESS OF WHETHER PUBLIC
28 HEARINGS ARE REQUIRED ON THE MATTERS DESCRIBED IN THIS
29 SUBSECTION, THE GENERAL MANAGER SHALL SUBMIT TO THE COMMITTEE
30 PROPOSALS REGARDING THE ADOPTION OR AMENDMENT OF A COMPREHENSIVE
19930H0878B1975 - 29 -
1 TRANSPORTATION PLAN, THE ANNUAL OPERATING BUDGET, ANY CAPITAL
2 BUDGET, THE FACILITIES TO BE OPERATED, THE SERVICES TO BE
3 AVAILABLE AND THE RATES TO BE CHARGED THEREFOR OR OTHER MATTERS
4 OF A SIMILAR NATURE PRIOR TO ANY FINAL ACTION RELATING TO ANY OF
5 THE FOREGOING. THE COMMITTEE MAY THOROUGHLY CONSIDER THE
6 PROPOSALS AND MAY PREPARE AND TRANSMIT TO THE GENERAL MANAGER
7 AND TO ANY INTERESTED MEMBER OF THE PUBLIC WRITTEN COMMENTS
8 CONCERNING THE PROPOSALS PRIOR TO THE DATE WHEN FINAL ACTION IS
9 TO BE TAKEN.
10 (D) NATURE OF COMMITTEE'S COMMENTS.--ALTHOUGH THE GENERAL
11 MANAGER SHALL GIVE CAREFUL AND DUE CONSIDERATION TO THE
12 COMMITTEE'S COMMENTS PRIOR TO THE TAKING OF ANY FINAL ACTION,
13 THE COMMENTS SHALL BE CONSIDERED ONLY ADVISORY IN NATURE.
14 (E) TRANSITION PROVISION.--WITH RESPECT TO THE CITIZEN
15 ADVISORY COMMITTEE ESTABLISHED UNDER THE FORMER PROVISIONS OF
16 ARTICLE III OF THE ACT OF JANUARY 22, 1968 (P.L.42, NO.8), KNOWN
17 AS THE PENNSYLVANIA URBAN MASS TRANSPORTATION ACT, OR THE FORMER
18 PROVISIONS OF CHAPTER 15 (RELATING TO METROPOLITAN
19 TRANSPORTATION AUTHORITIES) THAT COMMITTEE SHALL CONTINUE IN
20 EFFECT AND SHALL BE DEEMED, FOR ALL PURPOSES, TO BE A COMMITTEE
21 CREATED UNDER THIS SECTION. THIS COMMITTEE SHALL BE DEEMED TO
22 HAVE SATISFIED THE REQUIREMENTS OF SUBSECTIONS (A) AND (B)
23 CONCERNING THE ESTABLISHMENT, FUNCTIONS AND DUTIES OF A CITIZENS
24 ADVISORY COMMITTEE UNDER THIS CHAPTER. ALL MEMBERS OF THE
25 COMMITTEE SHALL CONTINUE IN OFFICE AND SHALL EXERCISE THE
26 POWERS, FUNCTIONS AND DUTIES OF MEMBERS OF THE COMMITTEE UNTIL
27 THE EXPIRATION OF THEIR RESPECTIVE TERMS OF OFFICE IN EFFECT ON
28 THE EFFECTIVE DATE OF THIS CHAPTER.
29 § 1727. INVESTIGATIONS AND SUBPOENAS.
30 (A) PROCEDURE.--THE BOARD MAY INVESTIGATE ALL MEANS OF
19930H0878B1975 - 30 -
1 TRANSPORTATION AND THE MANAGEMENT THEREOF, THE ENFORCEMENT OF
2 ITS RESOLUTIONS, RULES AND REGULATIONS, AND THE ACTION, CONDUCT,
3 AND EFFICIENCY OF ALL OFFICERS, AGENTS AND EMPLOYEES OF THE
4 AUTHORITY. IN THE CONDUCT OF INVESTIGATIONS, THE BOARD MAY HOLD
5 PUBLIC HEARINGS ON ITS OWN MOTION AND SHALL DO SO ON COMPLAINT
6 OR PETITION OF ANY MUNICIPALITY IN THE METROPOLITAN AREA. EACH
7 MEMBER OF THE BOARD SHALL HAVE POWER TO ADMINISTER OATHS, AND
8 THE SECRETARY, BY ORDER OF THE BOARD, SHALL ISSUE SUBPOENAS TO
9 SECURE THE ATTENDANCE AND TESTIMONY OF WITNESSES AND THE
10 PRODUCTION OF BOOKS AND PAPERS RELEVANT TO INVESTIGATIONS AND TO
11 ANY HEARING BEFORE THE BOARD OR ANY MEMBER THEREOF, OR ANY
12 OFFICERS' COMMITTEE OR EMPLOYEES' COMMITTEE, APPOINTED BY THE
13 BOARD TO HEAR ANY COMPLAINT OF AN OFFICER OR EMPLOYEE WHO HAS
14 BEEN DISCHARGED OR DEMOTED.
15 (B) ENFORCEMENT.--ANY COURT OF RECORD OF THIS COMMONWEALTH,
16 OR ANY JUDGE THEREOF, EITHER IN TERM TIME OR VACATION, UPON
17 APPLICATION OF THE BOARD OR ANY MEMBER THEREOF, MAY, IN HIS
18 DISCRETION, COMPEL THE ATTENDANCE OF WITNESSES, THE PRODUCTION
19 OF BOOKS AND PAPERS AND GIVING OF TESTIMONY BEFORE THE BOARD OR
20 BEFORE ANY MEMBER THEREOF, OR ANY OFFICERS' COMMITTEE OR
21 EMPLOYEES' COMMITTEE APPOINTED BY THE BOARD BY ATTACHMENT FOR
22 CONTEMPT OR OTHERWISE, IN THE SAME MANNER AS THE PRODUCTION OF
23 EVIDENCE MAY BE COMPELLED BEFORE THE COURT.
24 § 1728. CONFLICTS OF INTEREST.
25 EVERY MEMBER OF THE BOARD AND EVERY EMPLOYEE OF THE AUTHORITY
26 SHALL BE SUBJECT TO THE ACT OF JULY 19, 1957 (P.L.1017, NO.451),
27 KNOWN AS THE STATE ADVERSE INTEREST ACT, AND THE ACT OF OCTOBER
28 4, 1978 (P.L.883, NO.170), REFERRED TO AS THE PUBLIC OFFICIAL
29 AND EMPLOYEE ETHICS LAW.
30 SUBCHAPTER C
19930H0878B1975 - 31 -
1 POWERS AND DUTIES
2 SEC.
3 1741. GENERAL POWERS.
4 1742. POWER TO ACQUIRE PROPERTY.
5 1743. POWER TO CONTRACT WITH PUBLIC UTILITIES.
6 1744. POWER OF EMINENT DOMAIN.
7 1745. USE OF WAYS OCCUPIED BY PASSENGER UTILITIES.
8 1746. TRANSFER OF RECORDS BY PENNSYLVANIA PUBLIC UTILITY
9 COMMISSION.
10 1747. ACQUISITION OF EQUIPMENT.
11 1748. TRANSFERS OF FACILITIES OR THINGS OF VALUE TO ANY
12 AUTHORITY.
13 1749. COMPACTS TO FINANCE OPERATIONS AND PARTICULAR PROJECTS.
14 1750. CONTRACTS, PROCUREMENT AND SALE OF PROPERTY.
15 1751. FISCAL PROVISIONS.
16 1752. FINANCIAL STATEMENTS AND AUDIT.
17 1753. AID FROM FEDERAL GOVERNMENT.
18 § 1741. GENERAL POWERS.
19 (A) POWERS ENUMERATED.--AN AUTHORITY SHALL HAVE AND MAY
20 EXERCISE ALL POWERS NECESSARY OR CONVENIENT FOR THE CARRYING OUT
21 OF THE PURPOSES OF THIS CHAPTER, INCLUDING THE FOLLOWING RIGHTS,
22 POWERS AND DUTIES:
23 (1) TO HAVE PERPETUAL EXISTENCE.
24 (2) TO SUE AND BE SUED, IMPLEAD AND BE IMPLEADED,
25 COMPLAIN AND DEFEND IN ALL COURTS, TO PETITION THE INTERSTATE
26 COMMERCE COMMISSION OR ANY OTHER FEDERAL OR STATE REGULATORY
27 BODY OR JOIN IN ANY PROCEEDING BEFORE ANY SUCH BODIES OR
28 COURTS IN ANY MATTER AFFECTING THE OPERATION OF ANY PROJECT
29 OF THE AUTHORITY.
30 (3) TO ADOPT AND USE AND ALTER AT WILL A CORPORATE SEAL.
19930H0878B1975 - 32 -
1 (4) TO ESTABLISH A PRINCIPAL OFFICE WITHIN THE COUNTY OF
2 THE FIRST CLASS AND SUCH OTHER OFFICE OR OFFICES AS MAY BE
3 NECESSARY FOR THE CARRYING ON OF ITS DUTIES.
4 (5) TO MAKE AND FROM TIME TO TIME TO AMEND AND REPEAL
5 BYLAWS, RULES, REGULATIONS AND RESOLUTIONS.
6 (6) TO CONDUCT EXAMINATIONS AND INVESTIGATIONS AND TO
7 HEAR TESTIMONY AND TAKE PROOF, UNDER OATH OR AFFIRMATION AT
8 PUBLIC OR PRIVATE HEARINGS, AS PROVIDED IN THIS CHAPTER, ON
9 ANY MATTER MATERIAL TO THE PUBLIC PURPOSES SET FORTH IN THIS
10 CHAPTER.
11 (7) TO APPOINT OFFICERS, AGENTS, EMPLOYEES AND SERVANTS
12 AND TO PRESCRIBE THEIR DUTIES AND FIX THEIR COMPENSATION,
13 SUBJECT, HOWEVER, TO SPECIFIC PROVISIONS OF THIS CHAPTER.
14 MEMBERS OF THE BOARD, AS WELL AS OFFICERS AND EMPLOYEES OF
15 THE AUTHORITY, SHALL NOT BE LIABLE PERSONALLY ON ANY
16 OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, BONDS OF THE
17 AUTHORITY.
18 (8) TO ENTER INTO CONTRACTS OF GROUP INSURANCE FOR THE
19 BENEFIT OF ITS EMPLOYEES OR TO CONTINUE ANY EXISTING
20 INSURANCE AND/OR PENSION OR RETIREMENT SYSTEM AND/OR ANY
21 OTHER EMPLOYEE BENEFIT ARRANGEMENT COVERING EMPLOYEES OF AN
22 ACQUIRED EXISTING TRANSPORTATION SYSTEM, AND/OR TO SET UP A
23 RETIREMENT OR PENSION FUND OR ANY OTHER EMPLOYEE BENEFIT
24 ARRANGEMENT FOR ITS EMPLOYEES.
25 (9) TO PROCURE SUCH INSURANCE, LETTERS OF CREDIT,
26 LIQUIDITY FACILITIES, GUARANTIES AND SURETIES CONTAINING SUCH
27 COVERAGES, INCLUDING, BUT NOT LIMITED TO, CONTRACTS INSURING
28 OR GUARANTEEING THE TIMELY PAYMENT IN FULL OF PRINCIPAL OF
29 AND INTEREST ON BONDS OF THE AUTHORITY, OR PROVIDING
30 LIQUIDITY FOR PURCHASE OF BONDS OF THE AUTHORITY IN SUCH
19930H0878B1975 - 33 -
1 AMOUNTS, FROM SUCH INSURERS, SURETIES, GUARANTORS OR OTHER
2 PERSONS, AS THE AUTHORITY MAY DETERMINE TO BE NECESSARY OR
3 DESIRABLE FOR ITS PURPOSES.
4 (10) TO SELF-INSURE OR OTHERWISE PROVIDE FOR THE
5 INSURANCE OF ANY PROPERTY OR OPERATIONS OF THE AUTHORITY
6 AGAINST ANY RISKS OR HAZARDS.
7 (11) TO INVEST ANY FUNDS HELD IN RESERVE OR SINKING
8 FUNDS, OR ANY FUNDS NOT REQUIRED FOR IMMEDIATE DISBURSEMENT,
9 AS AUTHORIZED BY SECTION 1761 (RELATING TO MANAGEMENT OF
10 FUNDS).
11 (12) TO ACQUIRE BY PURCHASE, GIFT OR OTHERWISE, HOLD,
12 LEASE AS LESSEE AND USE ANY FRANCHISE, RIGHT OR PROPERTY,
13 REAL, PERSONAL OR MIXED, TANGIBLE OR INTANGIBLE, OR ANY
14 INTEREST OR RIGHT THEREIN NECESSARY, DESIRABLE OR USEFUL FOR
15 CARRYING OUT THE PURPOSES OF THE AUTHORITY; TO SELL, LEASE AS
16 LESSOR, TRANSFER, DISPOSE OF OR OTHERWISE CONVEY ANY
17 FRANCHISE, RIGHT OR PROPERTY, REAL, PERSONAL OR MIXED,
18 TANGIBLE OR INTANGIBLE, OR ANY INTEREST OR RIGHT THEREIN, AT
19 ANY TIME ACQUIRED BY IT; OR TO EXCHANGE THE SAME FOR OTHER
20 PROPERTY OR RIGHTS WHICH ARE USEFUL FOR ITS PURPOSES.
21 (13) TO ACQUIRE BY EMINENT DOMAIN ANY REAL OR PERSONAL
22 PROPERTY, INCLUDING IMPROVEMENTS, FIXTURES AND FRANCHISES OF
23 ANY KIND WHATEVER, FOR THE PUBLIC PURPOSES SET FORTH IN THIS
24 CHAPTER IN THE MANNER PROVIDED IN THIS CHAPTER.
25 (14) TO ACQUIRE BY PURCHASE, LEASE OR OTHERWISE AND TO
26 CONSTRUCT, IMPROVE, MAINTAIN, REPAIR AND OPERATE PASSENGER
27 TRANSPORTATION FACILITIES AND A TRANSPORTATION SYSTEM OR
28 SYSTEMS OR PORTIONS THEREOF, AND TO PAY ALL COSTS THEREOF,
29 INCLUDING, BUT NOT LIMITED TO, THE COSTS OF ALL WORK AND
30 MATERIALS INCIDENTAL THERETO AND ALL AMOUNTS NECESSARY TO
19930H0878B1975 - 34 -
1 PLACE ANY PROJECT INTO OPERATION.
2 (15) TO FIX, ALTER, CHARGE AND COLLECT FARES, RATES,
3 RENTALS AND OTHER CHARGES FOR ITS FACILITIES BY ZONES OR
4 OTHERWISE AT REASONABLE RATES TO BE DETERMINED EXCLUSIVELY BY
5 IT, SUBJECT TO APPEAL, AS PROVIDED IN THIS CHAPTER, FOR THE
6 PURPOSE OF PROVIDING FOR THE PAYMENT OF ALL EXPENSES AND
7 OBLIGATIONS OF THE AUTHORITY, INCLUDING THE ACQUISITION,
8 CONSTRUCTION, IMPROVEMENT, REPAIR, MAINTENANCE AND OPERATION
9 OF ITS FACILITIES AND PROPERTIES, THE MAINTENANCE AND
10 OPERATION OF A TRANSPORTATION SYSTEM, THE PAYMENT OF THE
11 PRINCIPAL AND INTEREST ON ITS OBLIGATIONS, AND TO COMPLY
12 FULLY WITH THE TERMS AND PROVISIONS OF ANY AGREEMENTS MADE
13 WITH THE PURCHASERS OF BONDS OR OBLIGEES OF THE AUTHORITY. AN
14 AUTHORITY SHALL DETERMINE BY ITSELF, EXCLUSIVELY, THE
15 FACILITIES TO BE OPERATED BY IT, THE SERVICES TO BE AVAILABLE
16 AND THE RATES TO BE CHARGED THEREFOR. PUBLIC HEARINGS SHALL
17 BE HELD PRIOR TO SUCH DETERMINATIONS WHEN CHANGES ARE
18 PROPOSED WHICH WOULD INCREASE OR DECREASE FARES, ESTABLISH
19 NEW ROUTES, ELIMINATE ROUTES, CHANGE ROUTES OR MAKE
20 SUBSTANTIAL CHANGES IN THE LEVEL OF SERVICE SCHEDULED.
21 HOWEVER, PUBLIC HEARINGS NEED NOT BE HELD FOR ROUTE CHANGES,
22 FARES OR LEVEL OF SCHEDULED SERVICE IN THE CASE OF TEMPORARY
23 CHANGES NOT EXCEEDING 90 DAYS CAUSED BY EMERGENCIES;
24 PROMOTIONAL FARES OR SERVICES, OR EXPERIMENTAL SERVICES,
25 ADOPTED TO INCREASE REVENUE AND RIDERSHIP, SUBJECT TO BOARD
26 RESOLUTION; OR SPECIAL EVENTS IN WHICH THE AUTHORITY
27 PARTICIPATES AS PROVIDED BY BOARD RESOLUTION. NOTICE OF
28 PUBLIC HEARINGS SHALL BE PUBLISHED IN TWO NEWSPAPERS OF
29 GENERAL CIRCULATION AND A PUBLICATION SPECIFICALLY DESIGNED
30 TO REACH MINORITIES NOT FEWER THAN 30 CALENDAR DAYS PRIOR TO
19930H0878B1975 - 35 -
1 SUCH HEARING. ANY PERSON AGGRIEVED BY ANY RATE OR SERVICE OR
2 CHANGE OF SERVICE FIXED BY THE AUTHORITY MAY BRING AN APPEAL
3 AGAINST THE AUTHORITY FOR THE PURPOSE OF PROTESTING AGAINST
4 ANY SUCH CHARGE, SERVICE OR CHANGE OF SERVICE. THE GROUNDS
5 FOR THE SUITS SHALL BE RESTRICTED TO A MANIFEST AND FLAGRANT
6 ABUSE OF DISCRETION OR AN ERROR OF LAW; OTHERWISE, ALL
7 ACTIONS BY THE AUTHORITY SHALL BE FINAL. UPON THE FINDING OF
8 AN ERROR OF LAW OR A MANIFEST AND FLAGRANT ABUSE OF
9 DISCRETION, THE COURT SHALL ISSUE AN ORDER SETTING FORTH THE
10 ABUSE OR ERROR AND RETURNING THE MATTER TO THE AUTHORITY FOR
11 SUCH FURTHER ACTION AS SHALL BE NOT INCONSISTENT WITH THE
12 FINDINGS OF THE COURT. NO APPEAL FROM THE ACTION OF THE
13 AUTHORITY OR FROM THE DECISION OF THE COURT OF COMMON PLEAS
14 SHALL ACT AS A SUPERSEDEAS, EXCEPT WHEN TAKEN BY THE
15 AUTHORITY OR, IN OTHER CASES, WHEN SPECIALLY GRANTED AFTER A
16 FINDING THAT IRREPARABLE AND EXTRAORDINARY HARM WILL RESULT.
17 THE COURTS SHALL GIVE PRIORITY TO ALL APPEALS, AND NO BOND
18 SHALL BE REQUIRED OF ANY PARTY INSTITUTING SUCH AN APPEAL
19 UNDER THE PROVISIONS OF THIS SECTION.
20 (16) TO FIX RATES, FARES AND CHARGES IN SUCH MANNER THAT
21 THEY SHALL BE AT ALL TIMES SUFFICIENT IN THE AGGREGATE, AND
22 IN CONJUNCTION WITH ANY GRANTS FROM FEDERAL OR OTHER SOURCES
23 AND ANY OTHER INCOME AVAILABLE TO THE AUTHORITY, TO PROVIDE
24 FUNDS FOR THE PAYMENT OF ALL OPERATING COSTS AND EXPENSES
25 WHICH SHALL BE INCURRED BY THE AUTHORITY, FOR THE PAYMENT OF
26 THE INTEREST ON AND PRINCIPAL OF ALL BONDS PAYABLE FROM THE
27 REVENUES AND TO MEET ALL OTHER CHARGES UPON SUCH REVENUES AS
28 PROVIDED BY ANY TRUST AGREEMENT EXECUTED BY THE AUTHORITY IN
29 CONNECTION WITH THE ISSUANCE OF BONDS.
30 (17) TO ENTER INTO AGREEMENTS WITH THE UNITED STATES
19930H0878B1975 - 36 -
1 POSTAL SERVICE, OR ANY SUCCESSOR ORGANIZATION, FOR THE
2 TRANSPORTATION OF MAIL AND PAYMENT OF COMPENSATION TO THE
3 AUTHORITY IN LIEU OF FARES FOR THE TRANSPORTATION OF LETTER
4 CARRIERS IN UNIFORM AT ALL TIMES. THE BOARD MAY PROVIDE FREE
5 TRANSPORTATION FOR FIREFIGHTERS IN UNIFORM AND POLICE
6 OFFICERS WHEN IN UNIFORM OR WHEN NOT IN UNIFORM, UPON
7 PRESENTATION OF IDENTIFICATION AS POLICE OFFICERS. THE BOARD
8 MAY PROVIDE FREE TRANSPORTATION FOR EMPLOYEES OF THE
9 AUTHORITY WHEN IN UNIFORM OR UPON PRESENTATION OF
10 IDENTIFICATION AS SUCH EMPLOYEES, PROVIDE FREE TRANSPORTATION
11 TO DEPENDENTS OF EMPLOYEES OF THE AUTHORITY UPON PRESENTATION
12 OF IDENTIFICATION AS PROVIDED BY THE BOARD AND ENTER INTO
13 RECIPROCAL ARRANGEMENTS TO PROVIDE FREE TRANSPORTATION TO
14 EMPLOYEES AND DEPENDENTS OF EMPLOYEES OF OTHER TRANSPORTATION
15 AGENCIES.
16 (18) TO BORROW MONEY FROM ANY PERSON FOR THE PURPOSE OF
17 PAYING THE COSTS OF ANY PROJECT OR IN ANTICIPATION OF THE
18 RECEIPT OF INCOME OF THE AUTHORITY AND TO EVIDENCE THE SAME;
19 MAKE AND ISSUE BONDS OF THE AUTHORITY; SECURE THE PAYMENT OF
20 SUCH BONDS OR ANY PART THEREOF, BY PLEDGE OF OR SECURITY
21 INTEREST, WHICH MAY BE A SENIOR, PARITY OR SUBORDINATED
22 PLEDGE OR SECURITY INTEREST, IN ALL OR ANY OF ITS REVENUES,
23 RENTALS, RECEIPTS AND CONTRACT RIGHTS AND ALL OR ANY OF ITS
24 MOVEABLE EQUIPMENT AND OTHER TANGIBLE PERSONAL PROPERTY; TO
25 SECURE THE PAYMENT OF SUCH BONDS OR ANY PART THEREOF BY A
26 MORTGAGE LIEN ON REAL PROPERTY OF THE AUTHORITY OR ANY
27 INTEREST THEREIN, PROVIDED, HOWEVER, THAT NO SUCH LIEN SHALL
28 EXTEND TO REAL PROPERTY OF THE AUTHORITY COMPRISING RIGHTS OF
29 WAY, EASEMENTS OR ANY OTHER INTERESTS IN REAL PROPERTY USED
30 OR USEFUL FOR PASSAGE OF TRANSPORTATION VEHICLES OR NECESSARY
19930H0878B1975 - 37 -
1 FOR THE SAFE AND SOUND ROUTING OR CONTROL OF TRANSPORTATION
2 VEHICLES; ISSUE BONDS ON AN UNSECURED BASIS; ISSUE BONDS ON A
3 LIMITED RECOURSE OR NONRECOURSE BASIS; ISSUE BONDS UNDER A
4 MASTER TRUST INDENTURE; MAKE AGREEMENTS WITH THE PURCHASERS
5 OR HOLDERS OF BONDS OR WITH OTHER OBLIGEES OF THE AUTHORITY
6 IN CONNECTION WITH ANY BONDS, WHETHER ISSUED OR TO BE ISSUED,
7 AS THE AUTHORITY SHALL DEEM ADVISABLE, WHICH AGREEMENTS SHALL
8 CONSTITUTE CONTRACTS WITH THE PURCHASERS OR OBLIGEES OF THE
9 AUTHORITY; OBTAIN CREDIT ENHANCEMENT OR LIQUIDITY FACILITIES
10 IN CONNECTION WITH ANY BONDS AS THE AUTHORITY SHALL DETERMINE
11 TO BE ADVANTAGEOUS; AND, IN GENERAL, PROVIDE FOR THE SECURITY
12 FOR THE BONDS AND THE RIGHTS OF THE OBLIGEES OF THE
13 AUTHORITY.
14 (19) TO ACCEPT GRANTS AND TO ENTER INTO CONTRACTS,
15 LEASES, SUBLEASES, LICENSES OR OTHER TRANSACTIONS WITH ANY
16 PERSON ON SUCH TERMS AND FOR SUCH PURPOSES AS THE AUTHORITY
17 SHALL DEEM PROPER.
18 (20) TO NEGOTIATE AND ENTER INTO ARRANGEMENTS, INCLUDING
19 FUTURES CONTRACTS, FORWARD CONTRACTS AND CAP, COLLAR,
20 CORRIDOR, FLOOR OR CEILING AGREEMENTS, WITH RESPECT TO
21 ESSENTIAL SUPPLIES AND COMMODITIES FOR AN AUTHORITY FOR THE
22 PURPOSE OF REDUCING THE RISK TO THE AUTHORITY OF PRICE
23 FLUCTUATIONS FOR THE SUPPLIES AND COMMODITIES.
24 (21) TO MAKE AND EXECUTE ALL CONTRACTS AND OTHER
25 INSTRUMENTS NECESSARY OR CONVENIENT TO THE EXERCISE OF THE
26 POWERS OF THE AUTHORITY, AND ANY CONTRACT OR INSTRUMENT WHEN
27 SIGNED BY THE CHAIRMAN OR VICE CHAIRMAN AND SECRETARY OR
28 ASSISTANT SECRETARY OR TREASURER OR ASSISTANT TREASURER OF
29 THE AUTHORITY SHALL BE HELD TO HAVE BEEN PROPERLY EXECUTED
30 FOR AND ON ITS BEHALF. WITHOUT LIMITING THE GENERALITY OF THE
19930H0878B1975 - 38 -
1 FOREGOING, THE AUTHORITY IS ALSO AUTHORIZED TO ENTER INTO
2 CONTRACTS FOR THE PURCHASE, LEASE, OPERATION OR MANAGEMENT OF
3 TRANSPORTATION FACILITIES WITHIN OR WITHOUT THE METROPOLITAN
4 AREA OR WITHIN OR WITHOUT THIS COMMONWEALTH. WHENEVER THE
5 FACILITIES ARE LOCATED OUTSIDE THE METROPOLITAN AREA, THEY
6 SHALL BE SUBJECT TO THE JURISDICTION OF THE APPROPRIATE
7 REGULATORY AGENCIES.
8 (22) TO ENTER INTO CONTRACTS WITH GOVERNMENT AGENCIES
9 AND FEDERAL AGENCIES ON SUCH TERMS AS THE AUTHORITY SHALL
10 DEEM PROPER FOR THE USE OF ANY FACILITY OR OTHER REAL OR
11 PERSONAL PROPERTY OF THE AUTHORITY, AND FIXING THE AMOUNT TO
12 BE PAID THEREFOR.
13 (23) TO AGREE WITH THE CONSTITUENT MUNICIPALITIES IN
14 WHICH IT OPERATES FOR THE LEASE OF PRESENT AND FUTURE
15 MUNICIPAL PROPERTY, WHERE SUCH A LEASE WOULD BE ADVANTAGEOUS
16 TO THE AUTHORITY IN THE FINANCING OR THE OPERATION OF
17 IMPROVED PASSENGER TRANSPORTATION SERVICE.
18 (24) TO EXPLORE ALTERNATIVE MEANS OF RAISING REVENUE OR
19 REDUCING EXPENSES, INCLUDING, BUT NOT LIMITED TO, REAL ESTATE
20 LEASES AND RENTALS, EQUIPMENT LEASES AND RENTALS, CONTRACTING
21 OF SERVICES, THE SOLICITATION OF COMPETITIVE BIDS AND THE
22 AWARDING OF CONTRACTS TO THE HIGHEST RESPONSIVE, RESPONSIBLE
23 BIDDER FOR BOTH INTERIOR AND EXTERIOR ADVERTISING ON ALL
24 AUTHORITY EQUIPMENT ON WHICH THE PUBLIC IS CHARGED A FARE FOR
25 RIDING. HOWEVER, ON RAIL PASSENGER UNITS ONLY BIDS FOR
26 INTERIOR ADVERTISING SHALL BE SOLICITED. NOTHING IN THIS
27 CHAPTER OR IN ANY OTHER LAW OF THIS COMMONWEALTH SHALL
28 PRECLUDE THE NEGOTIATION AND EXECUTION OF CONTRACTS WITH
29 RESPECT TO REAL ESTATE-RELATED MATTERS IN ACCORDANCE WITH AND
30 SUBJECT SOLELY TO THE PROVISIONS OF THIS PARAGRAPH. THE
19930H0878B1975 - 39 -
1 GENERAL MANAGER MAY RECOMMEND IN WRITING THAT THE BOARD MAKE
2 A FINDING OF SPECIAL OPPORTUNITY WITH RESPECT TO A REAL
3 ESTATE-RELATED MATTER. THE BOARD SHALL CONSIDER THE GENERAL
4 MANAGER'S RECOMMENDATION AT A PUBLIC MEETING. THE NOTICE
5 GIVEN IN ACCORDANCE WITH THE ACT OF JULY 3, 1986 (P.L.388,
6 NO.84), KNOWN AS THE SUNSHINE ACT, WITH RESPECT TO SUCH
7 MEETING SHALL STATE THAT THE BOARD WILL CONSIDER MAKING A
8 FINDING OF SPECIAL OPPORTUNITY AT SUCH MEETING AND SHALL
9 DESCRIBE THE NATURE OF THE PROPOSED FINDING OF SPECIAL
10 OPPORTUNITY. ANY FINDING OF SPECIAL OPPORTUNITY SHALL BE
11 APPROVED BY THE BOARD IN ACCORDANCE WITH THE PROVISIONS OF
12 SECTION 1715 (RELATING TO MEETINGS, QUORUM, OFFICERS AND
13 RECORDS). THE BOARD SHALL ADOPT, BY RESOLUTION, A PROCESS
14 UNDER WHICH THE AUTHORITY SHALL ENTER INTO CONTRACTS NEEDED
15 TO IMPLEMENT A FINDING OF SPECIAL OPPORTUNITY. THE PROCESS
16 ADOPTED BY THE BOARD SHALL PROVIDE A METHOD OF PREQUALIFYING
17 PROSPECTIVE CONTRACTING PARTIES, WHERE APPROPRIATE; FOR THE
18 REASONABLE NOTIFICATION OF PROSPECTIVE CONTRACTING PARTIES OF
19 THE ISSUANCE OF REQUESTS FOR PROPOSALS AND THE REASONABLE
20 OPPORTUNITY FOR QUALIFIED PROSPECTIVE CONTRACTING PARTIES TO
21 SUBMIT PROPOSALS; FOR REVIEW OF PROPOSALS FROM QUALIFIED
22 PROSPECTIVE CONTRACTING PARTIES; FOR THE NEGOTIATION OF
23 CONTRACTS WITH ONE OR MORE PROSPECTIVE CONTRACTING PARTIES;
24 FOR AWARD OF CONTRACTS ON THE BASIS OF EVALUATION OF THE
25 CHARACTERISTICS OF THE PROPOSALS; AND FOR GIVING SUCH WEIGHT
26 TO THE VARIOUS CHARACTERISTICS OF ANY PROPOSAL AS THE BOARD
27 SHALL DETERMINE IS IN THE BEST INTEREST OF THE AUTHORITY. THE
28 CHARACTERISTICS BY WHICH PROPOSALS MAY BE EVALUATED UNDER A
29 FINDING OF SPECIAL OPPORTUNITY MAY INCLUDE THE LIKELY
30 COMPLEXITY OF THE TRANSACTION; THE AMOUNT OF INVESTMENT ANY
19930H0878B1975 - 40 -
1 SELECTED CONTRACTING PARTY WILL BE REQUIRED TO MAKE OR OFFERS
2 TO MAKE IN THE REAL ESTATE-RELATED MATTER; THE EXPERIENCE AND
3 PRIOR SUCCESS OF THE PROPOSED CONTRACTING PARTY IN OTHER
4 SIMILAR DEALINGS WITH THE SAME TYPE OF REAL ESTATE-RELATED
5 MATTERS OR WITH THE AUTHORITY; THE QUALITY, FEASIBILITY AND
6 POTENTIAL FOR ECONOMIC SUCCESS OF THE PROPOSAL; ANY COST OR
7 POTENTIAL RETURN TO THE AUTHORITY; THE ECONOMIC RELIABILITY
8 AND FINANCIAL VIABILITY OF THE PROPOSED CONTRACTING PARTY;
9 THE COMPATIBILITY OF THE PROPOSAL WITH THE AUTHORITY'S BASIC
10 FUNCTION AS A PUBLIC TRANSPORTATION PROVIDER; THE DATE BY
11 WHICH THE PROPOSED CONTRACTING PARTY AGREES TO COMPLETE THE
12 REAL ESTATE-RELATED MATTER; AND OTHER FACTORS WHICH THE BOARD
13 SHALL SPECIFY. THE AUTHORITY SHALL MAKE AVAILABLE A COPY OF
14 THE PROCESS ADOPTED BY THE BOARD TO ANY PERSON REQUESTING A
15 COPY OF THE PROCESS. THE GENERAL MANAGER MAY MAKE A WRITTEN
16 RECOMMENDATION TO THE BOARD CONCERNING THE AWARD OF A
17 CONTRACT UNDER A FINDING OF SPECIAL OPPORTUNITY. THE GENERAL
18 MANAGER'S RECOMMENDATION SHALL INCLUDE THE IDENTITY OF THE
19 PROSPECTIVE CONTRACTING PARTY OR PARTIES, THE PURPOSE OF THE
20 CONTRACT, THE SUBSTANCE OF THE FINDING OF SPECIAL
21 OPPORTUNITY, THE SUBSTANCE AND TERM OF THE PROPOSED CONTRACT,
22 THE IDENTITIES OF ANY OTHER PROSPECTIVE CONTRACTING PARTIES
23 WHO SUBMITTED PROPOSALS AND THE CRITERIA UPON WHICH THE
24 GENERAL MANAGER'S RECOMMENDATION WAS MADE AND THE REASONS FOR
25 SELECTING THE PROSPECTIVE CONTRACTING PARTY. UPON THE WRITTEN
26 RECOMMENDATION OF THE GENERAL MANAGER, THE BOARD MAY AWARD
27 CONTRACTS UNDER THIS PARAGRAPH AFTER APPROVING THE AWARDING
28 OF THE CONTRACT BY A RESOLUTION ADOPTED AT A PUBLIC MEETING.
29 THE NOTICE GIVEN IN ACCORDANCE WITH THE SUNSHINE ACT WITH
30 RESPECT TO SUCH MEETING SHALL STATE THAT THE BOARD WILL
19930H0878B1975 - 41 -
1 CONSIDER AWARDING A CONTRACT UNDER A FINDING OF SPECIAL
2 OPPORTUNITY AT SUCH MEETING AND SHALL DESCRIBE THE SUBJECT
3 MATTER OF SUCH PROPOSED CONTRACT. THE AUTHORITY SHALL BY
4 APRIL 15 OF EACH YEAR SUBMIT A REPORT TO THE DEPARTMENT. THE
5 REPORT SHALL DETAIL THE ACTIONS OF THE AUTHORITY IN EXPLORING
6 ALTERNATE MEANS OF RAISING REVENUE AND REDUCING EXPENSES. THE
7 DEPARTMENT SHALL REVIEW THE REPORT AND ISSUE ITS FINDINGS AND
8 RECOMMENDATIONS TO THE APPROPRIATIONS COMMITTEE AND THE
9 TRANSPORTATION COMMITTEE OF THE SENATE AND THE APPROPRIATIONS
10 COMMITTEE AND THE TRANSPORTATION COMMITTEE OF THE HOUSE OF
11 REPRESENTATIVES NO LATER THAN 30 DAYS AFTER RECEIPT OF SUCH
12 REPORT FOR REVIEW AND CONSIDERATION OF FUTURE FUNDING BY SUCH
13 COMMITTEES. WHERE ANY ALTERNATE MEANS HAVE BEEN REJECTED, THE
14 AUTHORITY SHALL DEMONSTRATE THAT THE FEASIBILITY AND COST-
15 EFFECTIVENESS OF THAT ALTERNATE MEANS HAVE BEEN CONSIDERED.
16 AS USED IN THIS PARAGRAPH, "FINDING OF SPECIAL OPPORTUNITY"
17 SHALL MEAN A WRITTEN DETERMINATION BY THE BOARD THAT
18 EXCLUSION OF A REAL ESTATE-RELATED MATTER FROM BIDDING
19 PROCEDURES, AS PROVIDED IN THIS CHAPTER OR ANY OTHER LAW,
20 WILL BE IN THE BEST INTEREST OF THE AUTHORITY AND WILL BE
21 COMPATIBLE WITH THE AUTHORITY'S BASIC FUNCTION AS A PUBLIC
22 TRANSPORTATION PROVIDER, CONSIDERING THE NATURE OF THE REAL
23 ESTATE-RELATED MATTER WITH RESPECT TO WHICH THE AUTHORITY
24 PROPOSES TO CONTRACT. ANY FINDING OF SPECIAL OPPORTUNITY
25 SHALL INCLUDE THE BASIS ON WHICH THE FINDING OF SPECIAL
26 OPPORTUNITY IS BEING MADE.
27 (25) TO LEASE PROPERTY OR CONTRACT FOR SERVICE,
28 INCLUDING MANAGERIAL AND OPERATING SERVICE, WHENEVER IT CAN
29 MORE EFFICIENTLY AND EFFECTIVELY SERVE THE PUBLIC BY SO
30 DOING, RATHER THAN CONDUCTING ITS OWN OPERATIONS WITH ITS OWN
19930H0878B1975 - 42 -
1 PROPERTY.
2 (26) TO HAVE THE RIGHT TO USE ANY PUBLIC ROAD, STREET,
3 WAY, HIGHWAY, BRIDGE OR TUNNEL FOR THE OPERATION OF A
4 TRANSPORTATION SYSTEM WITHIN THE METROPOLITAN AREA. IN ALL
5 CASES INVOLVING THE FACILITIES OF A RAILROAD, ANY OPERATIONS
6 OF WHICH EXTEND BEYOND THE METROPOLITAN AREA, THE EXERCISE OF
7 THIS RIGHT BY THE AUTHORITY SHALL BE SUBJECT TO THE
8 JURISDICTION OF THE PENNSYLVANIA PUBLIC UTILITY COMMISSION
9 UNDER TITLE 66 (RELATING TO PUBLIC UTILITIES) ONLY TO THE
10 EXTENT THAT THE OPERATIONS EXTEND BEYOND THE METROPOLITAN
11 AREA.
12 (27) TO ACT AS AGENT OF ANY GOVERNMENT AGENCY OR ANY
13 FEDERAL AGENCY FOR THE PUBLIC PURPOSES SET FORTH IN THIS
14 CHAPTER.
15 (28) TO MAKE AVAILABLE TO ANY GOVERNMENT AGENCY THE
16 RECOMMENDATIONS OF THE AUTHORITY AFFECTING ANY AREA IN THE
17 AUTHORITY'S FIELD OF OPERATION OR PROPERTY THEREIN, WHICH IT
18 MAY DEEM LIKELY TO PROMOTE THE PUBLIC HEALTH, MORALS, SAFETY
19 AND WELFARE.
20 (29) TO FORM PLANS FOR THE IMPROVEMENT OF MASS
21 TRANSPORTATION AND THE OPERATION OF A TRANSPORTATION SYSTEM
22 IN ORDER TO PROMOTE THE ECONOMIC DEVELOPMENT OF THE
23 METROPOLITAN AREA IN WHICH THE TRANSPORTATION AUTHORITY
24 OPERATES, TO MAKE RECOMMENDATIONS CONCERNING MASS
25 TRANSPORTATION FACILITIES WHICH THE AUTHORITY DOES NOT OWN OR
26 OPERATE, TO MAKE RECOMMENDATIONS CONCERNING THROUGHWAYS AND
27 ARTERIAL HIGHWAY CONNECTIONS TO THE DEPARTMENT AND TO OTHER
28 APPROPRIATE GOVERNMENTAL BODIES AND OTHERWISE TO COOPERATE
29 WITH ALL SUCH GOVERNMENTAL BODIES. THE AUTHORITY SHALL GIVE
30 ADVANCE NOTICE TO THE DEPARTMENT OF ANY PLANS WHICH IT MAY
19930H0878B1975 - 43 -
1 HAVE FOR THE OCCUPATION OR USE OF ANY PART OF ANY STATE
2 HIGHWAY.
3 (30) TO REHABILITATE, RECONSTRUCT AND EXTEND AS POSSIBLE
4 ALL PORTIONS OF ANY TRANSPORTATION SYSTEM ACQUIRED BY THE
5 AUTHORITY AND TO MAINTAIN AT ALL TIMES A FAST, RELIABLE AND
6 ECONOMICAL TRANSPORTATION SYSTEM SUITABLE AND ADAPTED TO THE
7 NEEDS OF THE MUNICIPALITIES SERVED BY THE AUTHORITY AND FOR
8 SAFE, COMFORTABLE AND CONVENIENT SERVICE. TO THAT END, THE
9 BOARD SHALL MAKE EVERY EFFORT TO UTILIZE HIGH-SPEED RIGHTS-
10 OF-WAY, PRIVATE OR OTHERWISE, TO THE MAXIMUM EXTENT
11 PRACTICABLE TO AVOID AIR POLLUTION BY ITS VEHICLES, TO
12 ABANDON NO PHYSICAL PROPERTY WHICH THE AUTHORITY HAS
13 DETERMINED RETAINS CONTINUED USEFULNESS TO THE AUTHORITY AND
14 TO EXTEND ITS RAIL AND HIGHWAY SERVICES INTO AREAS WHICH HAVE
15 SUFFICIENT NEED FOR THEM TO ECONOMICALLY OR STRATEGICALLY
16 JUSTIFY SUCH EXTENSION.
17 (31) TO ADOPT, CONSISTENT WITH THE POLICIES OF THIS ACT
18 AND FROM TIME TO TIME AMEND A COMPREHENSIVE TRANSPORTATION
19 PLAN. A PUBLIC HEARING SHALL BE CONDUCTED PRIOR TO ADOPTION
20 OR AMENDMENT. NOTICE OF THE PUBLIC HEARING SHALL BE PUBLISHED
21 IN TWO NEWSPAPERS OF GENERAL CIRCULATION AND A PUBLICATION
22 SPECIFICALLY DESIGNED TO REACH MINORITIES NOT FEWER THAN 30
23 DAYS PRIOR TO THE HEARING.
24 (32) TO DO ALL ACTS AND THINGS NECESSARY FOR THE
25 PROMOTION OF ITS BUSINESS AND THE GENERAL WELFARE OF THE
26 AUTHORITY TO CARRY OUT THE POWERS GRANTED TO IT BY THIS
27 CHAPTER OR ANY OTHER STATUTE. NOTWITHSTANDING ANY OTHER
28 PROVISION OF LAW, THE BOARD SHALL ADOPT PROCEDURES AND
29 PRACTICES TO IMPLEMENT THE PROVISIONS OF THIS CHAPTER BY
30 RESOLUTION OF THE BOARD.
19930H0878B1975 - 44 -
1 (B) PUBLIC HIGHWAYS.--PRIVATE RIGHTS AND PROPERTY IN THE
2 BEDS OF EXISTING PUBLIC HIGHWAYS VACATED IN ORDER TO FACILITATE
3 THE PURPOSES OF THE AUTHORITY SHALL NOT BE DEEMED DESTROYED OR
4 OUSTED BY REASON OF THE VACATION, BUT SHALL BE ACQUIRED OR
5 RELOCATED BY THE AUTHORITY IN THE SAME MANNER AS OTHER PROPERTY.
6 (C) CERTAIN POWERS DENIED.--THE AUTHORITY SHALL HAVE NO
7 POWER, AT ANY TIME OR IN ANY MANNER, TO PLEDGE THE CREDIT OR
8 TAXING POWER OF THE COMMONWEALTH OR ANY OTHER GOVERNMENT AGENCY,
9 NOR SHALL ANY OF THE AUTHORITY'S OBLIGATIONS BE DEEMED TO BE
10 OBLIGATIONS OF THE COMMONWEALTH OR OF ANY OTHER GOVERNMENT
11 AGENCY, NOR SHALL THE COMMONWEALTH OR ANY GOVERNMENT AGENCY BE
12 LIABLE FOR THE PAYMENT OF PRINCIPAL OR INTEREST ON SUCH
13 OBLIGATIONS.
14 (D) NO POWER TO LEVY TAXES.--THE AUTHORITY SHALL NOT HAVE
15 POWER TO LEVY TAXES FOR ANY PURPOSE WHATSOEVER.
16 § 1742. POWER TO ACQUIRE PROPERTY.
17 (A) GENERAL RULE.--
18 (1) THE AUTHORITY SHALL HAVE POWER TO ACQUIRE BY
19 PURCHASE, CONDEMNATION, LEASE, GIFT OR OTHERWISE ALL OR ANY
20 PART OF THE PROPERTY OF ANY PUBLIC UTILITY OPERATING A
21 TRANSPORTATION SYSTEM WITHIN THE METROPOLITAN AREA,
22 INCLUDING, BUT NOT LIMITED TO, THE PLANT, EQUIPMENT, PROPERTY
23 RIGHTS IN PROPERTY RESERVE FUNDS, EMPLOYEES' PENSION OR
24 RETIREMENT FUNDS, SPECIAL FUNDS, FRANCHISES, LICENSES,
25 PATENTS, PERMITS, OPERATING RIGHTS AND PAPER DOCUMENTS AND
26 RECORDS, WHICH PROPERTY SHALL BE LOCATED WITHIN THE
27 METROPOLITAN AREA AND SHALL BE APPROPRIATE FOR THE PURPOSES
28 FOR WHICH THE AUTHORITY IS ESTABLISHED, AS WELL AS ALL OR ANY
29 PART OF THE RIGHT-OF-WAY, EQUIPMENT, FIXED FACILITIES AND
30 OTHER PROPERTY OF ANY KIND OF ANY UTILITY, EXTENDING BEYOND
19930H0878B1975 - 45 -
1 THE BOUNDARIES OF THE METROPOLITAN AREA AND FORMING OR
2 CAPABLE OF FORMING PART OF AN INTEGRATED SUBURBAN RAPID
3 TRANSIT OR RAIL TRANSPORTATION FACILITY, CONNECTING WITH
4 RAPID TRANSIT OR ELECTRIC RAILWAY LINES OF THE AUTHORITY IN
5 SUPERHIGHWAYS OR ELSEWHERE. NO INTEREST IN THE RIGHT-OF-WAY
6 OF A RAILROAD COMPANY THE OPERATIONS OF WHICH EXTEND BEYOND
7 THE METROPOLITAN AREA SHALL BE ACQUIRED OR OCCUPIED UNDER THE
8 POWER OF EMINENT DOMAIN UNDER THIS SECTION OR ANY OTHER
9 SECTION WITHOUT THE CONSENT OF THE RAILROAD.
10 (2) SUCH PROPERTIES, UPON ACQUISITION BY OR LEASE TO THE
11 AUTHORITY, SHALL BECOME AND BE OPERATED AS PART OF THE
12 TRANSPORTATION SYSTEM OF THE AUTHORITY, AND THE AUTHORITY
13 SHALL HAVE ALL POWERS IN CONNECTION WITH SUCH PROPERTIES AND
14 SUCH OPERATIONS AS ARE CONFERRED BY THIS CHAPTER.
15 (3) THE AUTHORITY SHALL ALSO HAVE THE POWER TO ENTER
16 INTO AGREEMENTS TO OPERATE ANY LINES LOCATED OR EXTENDING
17 BEYOND THE BOUNDARIES OF THE METROPOLITAN AREA, SUCH
18 AGREEMENTS TO BE SUBJECT TO ALL OTHER PROVISIONS OF THIS
19 CHAPTER. THE AUTHORITY SHALL HAVE POWER TO LEASE OR PURCHASE
20 ANY MUNICIPALLY OWNED LOCAL TRANSPORTATION SUBWAYS OR OTHER
21 MUNICIPALLY OWNED LOCAL TRANSPORTATION FACILITIES FOR
22 OPERATION AND MAINTENANCE BY THE AUTHORITY.
23 (B) CONDEMNATION PROCEDURE.--
24 (1) WHENEVER THE AUTHORITY SHALL CONDEMN ALL OR
25 SUBSTANTIALLY ALL OF THE PROPERTY OF A TRANSPORTATION SYSTEM,
26 IT MAY ELECT TO COMMENCE CONDEMNATION PROCEEDINGS WITHOUT
27 IMMEDIATE PASSAGE OF TITLE BY INSERTING A PROVISION TO THAT
28 EFFECT IN THE DECLARATION OF TAKING. IN THAT EVENT, THE
29 PROVISIONS OF SECTION 402 OF THE ACT OF JUNE 22, 1964
30 (SP.SESS., P.L.84, NO.6), KNOWN AS THE EMINENT DOMAIN CODE,
19930H0878B1975 - 46 -
1 SHALL NOT APPLY, AND THE TITLE SHALL NOT PASS TO THE
2 AUTHORITY AND THE AUTHORITY SHALL NOT BE ENTITLED TO
3 POSSESSION UNTIL PAYMENT TO THE CONDEMNEE OR INTO COURT OF
4 THE AMOUNT OF THE JUST COMPENSATION PAYABLE FOR THE PROPERTY
5 TAKEN, DETERMINED AS OF THE DATE OF FILING OF THE DECLARATION
6 OF TAKING, AS FINALLY DETERMINED IN ACCORDANCE WITH THE
7 PROVISIONS OF THIS ARTICLE, PROVIDED THAT SUCH PAYMENT OCCURS
8 WITHIN ONE YEAR OF THE FINAL DETERMINATION.
9 (2) FROM AND AFTER THE FILING OF THE DECLARATION OF
10 TAKING UNTIL THE PAYMENT TO THE CONDEMNEE OF JUST
11 COMPENSATION FOR THE CONDEMNED PROPERTY, THE AUTHORITY SHALL
12 HAVE THE RIGHT TO PETITION THE COURT HAVING JURISDICTION OF
13 THE PROCEEDINGS TO PREVENT WASTE, SUBSTANTIAL DISPOSITION OR
14 ANY TRANSACTION WITH RESPECT TO THE CONDEMNED PROPERTY OTHER
15 THAN IN THE ORDINARY COURSE OF BUSINESS WITHOUT OBTAINING THE
16 PRIOR WRITTEN CONSENT OF THE AUTHORITY. THE CONDEMNEE SHALL
17 HAVE NO RIGHT TO TENDER POSSESSION OF THE PROPERTY OR
18 OTHERWISE TO DEMAND PAYMENT OF ANY COMPENSATION PRIOR TO THE
19 PASSAGE OF TITLE.
20 § 1743. POWER TO CONTRACT WITH PUBLIC UTILITIES.
21 THE AUTHORITY SHALL HAVE POWER TO ENTER INTO AGREEMENTS WITH
22 ANY PUBLIC UTILITY OPERATING A RAILROAD OR ANY OTHER
23 TRANSPORTATION FACILITY, EITHER WITHIN OR WITHOUT THE
24 METROPOLITAN AREA, FOR THE JOINT USE OF ANY PROPERTY OF THE
25 AUTHORITY OR PUBLIC UTILITY OR THE ESTABLISHMENT OF THROUGH
26 ROUTES, JOINT FARES AND TRANSFER OF PASSENGERS. THE AUTHORITY
27 SHALL HAVE POWER TO ENTER INTO AGREEMENTS WITH ANY PUBLIC
28 UTILITY, EITHER WITHIN OR WITHOUT THE METROPOLITAN AREA, WHICH
29 IN THE JUDGMENT OF THE AUTHORITY ARE NECESSARY AND CONVENIENT
30 FOR CARRYING OUT THE PURPOSES OF THIS CHAPTER.
19930H0878B1975 - 47 -
1 § 1744. POWER OF EMINENT DOMAIN.
2 (A) UTILITY STRUCTURES.--
3 (1) THE AUTHORITY SHALL HAVE POWER, SUBJECT TO RELEVANT
4 PROVISIONS OF SECTION 1741(A)(26) (RELATING TO GENERAL
5 POWERS), TO REQUIRE PERSONS OR CORPORATIONS OWNING OR
6 OPERATING PUBLIC UTILITY STRUCTURES AND APPLIANCES IN, UPON,
7 UNDER, OVER, ACROSS OR ALONG THE PUBLIC ROADS, STREETS OR
8 OTHER PUBLIC WAYS IN WHICH THE AUTHORITY HAS THE RIGHT TO
9 OWN, CONSTRUCT, OPERATE OR MAINTAIN TRANSPORTATION FACILITIES
10 TO REMOVE THE PUBLIC UTILITY STRUCTURES AND APPLIANCES FROM
11 THEIR LOCATIONS. IF ANY PERSON OR CORPORATION OWNING OR
12 OPERATING PUBLIC UTILITY STRUCTURES AND APPLIANCES FAILS OR
13 REFUSES TO REMOVE OR RELOCATE THEM, THE AUTHORITY MAY REMOVE
14 OR RELOCATE THEM. THE AUTHORITY SHALL PROVIDE THE NEW
15 LOCATION WHICH THE STRUCTURES OR APPLIANCES AS RELOCATED
16 SHALL OCCUPY, AND TO THAT END THE AUTHORITY IS HEREBY
17 AUTHORIZED TO ACQUIRE BY PURCHASE OR BY THE EXERCISE OF THE
18 POWER OF EMINENT DOMAIN ANY NECESSARY LAND OR RIGHT-OF-WAY
19 FOR SUCH PURPOSE, IF THE NEW LOCATION SHALL NOT BE IN, ON OR
20 ABOVE A HIGHWAY, ROAD OR STREET. THE EXACT NEW LOCATION SHALL
21 BE CHOSEN BY AGREEMENT OF THE AUTHORITY AND THE UTILITY. UPON
22 THE COMPLETION OF THE RELOCATION, THE AUTHORITY SHALL
23 REIMBURSE THE PUBLIC UTILITY FOR THE COST OF RELOCATION WHICH
24 SHALL BE THE ENTIRE AMOUNT PAID BY THE UTILITY PROPERLY
25 ATTRIBUTABLE TO THE RELOCATION OF THE STRUCTURE OR APPLIANCE
26 AFTER DEDUCTING THE COST OF ANY INCREASE IN THE SERVICE
27 CAPACITY OF THE NEW STRUCTURE OR APPLIANCE AND ANY SALVAGE
28 VALUE DERIVED FROM THE OLD STRUCTURE OR APPLIANCE.
29 (2) IF AN ISSUE SHALL ARISE BETWEEN THE AUTHORITY AND
30 THE PUBLIC UTILITY AS TO THE AMOUNT OF THE COST OF RELOCATION
19930H0878B1975 - 48 -
1 OR THE NEW LOCATION EITHER PARTY MAY INSTITUTE A PROCEEDING
2 BY COMPLAINT BEFORE THE PENNSYLVANIA PUBLIC UTILITY
3 COMMISSION, WHICH IS HEREBY GIVEN EXCLUSIVE JURISDICTION TO
4 HEAR AND DETERMINE THE ISSUE. APPEAL FROM THE ORDER OF THE
5 COMMISSION IN ANY PROCEEDING MAY BE TAKEN IN THE SAME MANNER
6 AS IS PRESCRIBED BY LAW FOR APPEALS FROM OTHER ORDERS OF THE
7 COMMISSION.
8 (B) EMINENT DOMAIN.--
9 (1) THE AUTHORITY SHALL HAVE THE RIGHT OF EMINENT DOMAIN
10 WHICH MAY BE EXERCISED, EITHER WITHIN OR WITHOUT THE
11 METROPOLITAN AREA, TO ACQUIRE PRIVATE PROPERTY AND PROPERTY
12 DEVOTED TO ANY PUBLIC USE WHICH IS NECESSARY FOR THE PURPOSES
13 OF THE AUTHORITY, EXCEPT PROPERTY OF A PUBLIC UTILITY
14 OPERATING TRANSPORTATION FACILITIES EXTENDING BEYOND THE
15 BOUNDARIES OF THE METROPOLITAN AREA.
16 (2) THE AUTHORITY SHALL HAVE THE RIGHT OF EMINENT DOMAIN
17 TO ACQUIRE PROPERTY OF ANY RAILROAD WHICH PROPERTY IS NOT
18 USED FOR OR IN CONNECTION WITH THE TRANSPORTATION OF PERSONS
19 OR PROPERTY AND TO ACQUIRE RIGHTS AND EASEMENTS ACROSS, UNDER
20 OR OVER THE RIGHT-OF-WAY OF SUCH RAILROAD WHENEVER THE
21 AUTHORITY SHALL ACQUIRE THE PRIVATE RIGHT-OF-WAY OR OTHER
22 PROPERTY OF A PUBLIC UTILITY USED OR USEFUL IN ITS SERVICE TO
23 THE PUBLIC.
24 (3) IT SHALL, BEFORE REQUIRING THE REMOVAL OF THE
25 EXISTING STRUCTURES AND APPLIANCES, PROVIDE A NEW LOCATION
26 FOR THE STRUCTURES AND APPLIANCES AND, UPON THE COMPLETION OF
27 RELOCATION, REIMBURSE THE PUBLIC UTILITY FOR THE COST THEREOF
28 IN THE MANNER PROVIDED IN SUBSECTION (A).
29 (C) TITLE.--TITLE TO ANY PROPERTY ACQUIRED BY AN AUTHORITY
30 THROUGH EMINENT DOMAIN SHALL BE AN ABSOLUTE OWNERSHIP OR FEE
19930H0878B1975 - 49 -
1 SIMPLE TITLE UNLESS A LESSER TITLE SHALL BE DESIGNATED
2 SPECIFICALLY IN THE EMINENT DOMAIN PROCEEDINGS.
3 (D) PUBLIC UTILITIES.--REAL AND PERSONAL PROPERTY OF ANY
4 KIND WHATEVER BELONGING TO A PUBLIC UTILITY CORPORATION
5 PROVIDING TRANSPORTATION OR TRANSPORTATION-RELATED SERVICES MAY
6 BE ACQUIRED WITHOUT THE APPROVAL OF THE PENNSYLVANIA PUBLIC
7 UTILITY COMMISSION. IN ALL CASES INVOLVING THE FACILITIES OF A
8 RAILROAD, ANY OPERATIONS OF WHICH EXTEND BEYOND THE METROPOLITAN
9 AREA, THE EXERCISE OF THE POWER OF THE AUTHORITY UNDER THIS
10 SUBSECTION SHALL BE SUBJECT TO THE JURISDICTION OF THAT
11 COMMISSION UNDER TITLE 66 (RELATING TO PUBLIC UTILITIES).
12 (E) CERTAIN PROPERTY EXEMPT.--NO PROPERTY OWNED OR USED BY
13 THE UNITED STATES, THE COMMONWEALTH, ANY POLITICAL SUBDIVISION
14 THEREOF OR ANY BODY POLITIC AND CORPORATE ORGANIZED AS AN
15 AUTHORITY UNDER ANY LAW OF THIS COMMONWEALTH OR BY ANY AGENCY OF
16 ANY OF THEM, NOR PROPERTY USED FOR BURIAL PURPOSES OR PLACES OF
17 PUBLIC WORSHIP, SHALL BE TAKEN UNDER THE RIGHT OF EMINENT DOMAIN
18 WITHOUT THE CONSENT OF THE OWNER OR USER THEREOF.
19 (F) NEGOTIATION.--BEFORE EXERCISING THE POWER OF EMINENT
20 DOMAIN, REASONABLE EFFORTS SHALL BE MADE BY THE AUTHORITY TO
21 ACHIEVE THE DESIRED RESULT THROUGH NEGOTIATION.
22 § 1745. USE OF WAYS OCCUPIED BY PASSENGER UTILITIES.
23 THE AUTHORITY SHALL NOT HAVE THE RIGHT TO USE ANY STREET OR
24 PUBLIC WAY, OCCUPIED PRIOR TO JANUARY 15, 1964, BY A PUBLIC
25 UTILITY ENGAGED IN LOCAL PASSENGER TRANSPORTATION, FOR A
26 COMPETING PURPOSE, WITHOUT THE AGREEMENT OF THE PUBLIC UTILITY.
27 § 1746. TRANSFER OF RECORDS BY PENNSYLVANIA PUBLIC UTILITY
28 COMMISSION.
29 IN CASE THE AUTHORITY ACQUIRES THE PLANT, EQUIPMENT, PROPERTY
30 AND RIGHTS IN PROPERTY OF ANY PUBLIC UTILITY USED OR USEFUL IN
19930H0878B1975 - 50 -
1 THE OPERATION OF A TRANSPORTATION SYSTEM, THE PENNSYLVANIA
2 PUBLIC UTILITY COMMISSION SHALL TRANSFER AND DELIVER TO THE
3 BOARD, UPON ITS DEMAND, IN WRITING, ALL BOOKS, PAPERS AND
4 RECORDS IN CONTROL OF THE COMMISSION AFFECTING THE PUBLIC
5 UTILITY EXCLUSIVELY.
6 § 1747. ACQUISITION OF EQUIPMENT.
7 (A) GENERAL RULE.--THE AUTHORITY SHALL HAVE POWER TO
8 PURCHASE OR OTHERWISE ACQUIRE THE OWNERSHIP OR USE OF OR ACCESS
9 TO EQUIPMENT, SUCH AS CARS, TROLLEY BUSES, STREET CARS, BUSES,
10 MONORAILS, RAILROAD MOTIVE POWER, TRAINS, RAILROAD PASSENGER
11 CARS AND EQUIPMENT, SUBWAY PASSENGER CARS AND EQUIPMENT,
12 ELEVATED PASSENGER OR PASSENGER AND RAIL ROLLING STOCK, SELF-
13 PROPELLED AND GALLERY CARS, LOCOMOTIVES, RAILS, LINES, POLES AND
14 WIRES, AS WELL AS ANY EQUIPMENT NECESSARY FOR THE IMPROVEMENT OF
15 OR OVERHAUL OF ANY OF THE FOREGOING, AND ANY OTHER EQUIPMENT
16 WHICH, IN THE JUDGMENT OF THE AUTHORITY, MAY BE USEFUL IN THE
17 OPERATION OF A TRANSPORTATION SYSTEM. THE AUTHORITY SHALL HAVE
18 THE POWER TO EXECUTE AGREEMENTS, LEASES AND EQUIPMENT TRUST
19 CERTIFICATES IN A FORM SATISFACTORY TO THE AUTHORITY TO EFFECT
20 THE PURCHASE OR ACQUISITION AND MAY DISPOSE OF SUCH EQUIPMENT
21 TRUST CERTIFICATES, PROVIDED THAT THE CERTIFICATES SHALL BE
22 OFFERED FOR SALE IN A MANNER SIMILAR TO THAT PROVIDED FOR THE
23 SALE OF BONDS IN THIS CHAPTER. ALL MONEY REQUIRED TO BE PAID BY
24 THE AUTHORITY UNDER THE PROVISIONS OF THE AGREEMENTS, LEASES AND
25 EQUIPMENT TRUST CERTIFICATES SHALL BE PAYABLE SOLELY FROM THE
26 REVENUE OR INCOME TO BE DERIVED FROM THE TRANSPORTATION SYSTEM
27 AND FROM GRANTS AND LOANS AS PROVIDED ELSEWHERE IN THIS CHAPTER.
28 PAYMENT FOR THE EQUIPMENT OR RENTALS THEREFOR MAY BE MADE IN
29 INSTALLMENTS AND THE DEFERRED INSTALLMENTS MAY BE EVIDENCED BY
30 EQUIPMENT TRUST CERTIFICATES PAYABLE SOLELY FROM SUCH REVENUE,
19930H0878B1975 - 51 -
1 INCOME, GRANTS OR LOANS AND TITLE TO THE EQUIPMENT SHALL NOT
2 VEST IN THE AUTHORITY UNTIL THE EQUIPMENT TRUST CERTIFICATES ARE
3 PAID.
4 (B) TRUSTEE.--THE AGREEMENT TO PURCHASE MAY DIRECT THE
5 VENDOR TO SELL AND ASSIGN THE EQUIPMENT TO A BANK, BANK AND
6 TRUST COMPANY OR TRUST COMPANY DULY AUTHORIZED TO TRANSACT
7 BUSINESS IN THIS COMMONWEALTH AS TRUSTEE FOR THE BENEFIT AND
8 SECURITY OF THE EQUIPMENT TRUST CERTIFICATES AND MAY DIRECT THE
9 TRUSTEE TO DELIVER THE EQUIPMENT TO ONE OR MORE DESIGNATED
10 OFFICERS OF THE AUTHORITY AND MAY AUTHORIZE THE TRUSTEE
11 SIMULTANEOUSLY THEREWITH TO EXECUTE AND DELIVER A LEASE OF THE
12 EQUIPMENT TO THE AUTHORITY.
13 (C) AUTHORIZATION AND ACKNOWLEDGMENT.--THE AGREEMENTS AND
14 LEASES SHALL BE DULY ACKNOWLEDGED BEFORE SOME PERSON AUTHORIZED
15 BY LAW TO TAKE ACKNOWLEDGMENTS OF DEEDS AND IN THE FORM REQUIRED
16 FOR ACKNOWLEDGMENTS OF DEEDS, AND SUCH AGREEMENTS, LEASES AND
17 EQUIPMENT TRUST CERTIFICATES SHALL BE AUTHORIZED BY RESOLUTION
18 OF THE BOARD AND SHALL CONTAIN SUCH COVENANTS, CONDITIONS AND
19 PROVISIONS AS MAY BE DEEMED NECESSARY OR APPROPRIATE TO INSURE
20 THE PAYMENT OF THE EQUIPMENT TRUST CERTIFICATES FROM THE REVENUE
21 OR INCOME TO BE DERIVED FROM THE TRANSPORTATION SYSTEM.
22 (D) PROVISIONS OF AGREEMENTS--THE COVENANTS, CONDITIONS AND
23 PROVISIONS OF THE AGREEMENTS, LEASES AND EQUIPMENT TRUST
24 CERTIFICATES SHALL NOT CONFLICT WITH ANY OF THE PROVISIONS OF
25 ANY TRUST INDENTURE SECURING THE PAYMENT OF BONDS OF THE
26 AUTHORITY.
27 (E) FILING.--AN EXECUTED COPY OF EACH AGREEMENT AND LEASE
28 SHALL BE FILED IN THE OFFICE OF THE SECRETARY OF THE
29 COMMONWEALTH WHO SHALL BE ENTITLED TO RECEIVE $1 FOR EACH COPY
30 FILED. THIS FILING SHALL CONSTITUTE NOTICE TO ANY SUBSEQUENT
19930H0878B1975 - 52 -
1 JUDGMENT CREDITOR OR ANY SUBSEQUENT PURCHASER. EACH VEHICLE SO
2 PURCHASED AND LEASED SHALL HAVE THE NAME OF THE OWNER AND LESSOR
3 PLAINLY MARKED UPON BOTH SIDES THEREOF, FOLLOWED BY THE WORDS
4 "OWNER AND LESSOR."
5 § 1748. TRANSFERS OF FACILITIES OR THINGS OF VALUE TO ANY
6 AUTHORITY.
7 ANY PERSON MAY AND IS HEREBY AUTHORIZED TO SELL, LEASE, LEND,
8 GRANT, CONVEY, TRANSFER OR PAY OVER TO ANY AUTHORITY, WITH OR
9 WITHOUT CONSIDERATION, ANY PROJECT OR ANY PART OR PARTS THEREOF,
10 OR ANY INTEREST IN REAL OR PERSONAL PROPERTY OR ANY FUNDS
11 AVAILABLE FOR BUILDING CONSTRUCTION OR IMPROVEMENT PURPOSES,
12 INCLUDING THE PROCEEDS OF BONDS PREVIOUSLY OR HEREAFTER ISSUED
13 FOR BUILDING CONSTRUCTION OR IMPROVEMENT PURPOSES, OR ANY MONEY
14 OR THING OF VALUE, INCLUDING SERVICES, WHICH MAY BE USED BY THE
15 AUTHORITY IN THE CONSTRUCTION, ACQUISITION, IMPROVEMENT,
16 MAINTENANCE OR OPERATION OF ANY PROJECT OR FOR ANY OTHER OF ITS
17 CORPORATE PURPOSES, ANY OTHER LAW TO THE CONTRARY
18 NOTWITHSTANDING.
19 § 1749. COMPACTS TO FINANCE OPERATIONS AND PARTICULAR PROJECTS.
20 (A) GENERAL RULE.--THE COUNTIES AND MUNICIPALITIES IN ANY
21 METROPOLITAN AREA SHALL ENTER INTO A COMPACT OR COMPACTS AMONG
22 THEMSELVES AND/OR WITH THE AUTHORITY TO PROVIDE FOR MEETING THE
23 AUTHORITY'S CAPITAL OR OPERATING BUDGET BY APPROPRIATIONS,
24 ANNUAL OR OTHERWISE, OF SUCH SUMS AND IN SUCH PROPORTIONS AS MAY
25 BE AGREED UPON IN THE COMPACT TO BE PAID BY EACH SIGNATORY PARTY
26 THERETO. THE OBLIGATION INCURRED THEREBY SHALL BE FOR THE TERM
27 AS SET FORTH IN THE COMPACT WITHOUT REGARD TO THE PROVISIONS OF
28 ANY LAW, ORDINANCE OR REGULATION TO THE CONTRARY AND SHALL
29 CONSTITUTE A COMMITMENT AND OBLIGATION, BINDING AND ABSOLUTE, ON
30 THE PART OF EACH SIGNATORY PARTY TO APPROPRIATE AND PAY OVER THE
19930H0878B1975 - 53 -
1 NECESSARY FUNDS IN ACCORDANCE THEREWITH. THE OPERATING BUDGET
2 SHALL INCLUDE ALL SUMS OF MONEY NECESSARY FOR THE FORMATION AND
3 ORGANIZATION OF ANY AUTHORITY AND ALL ITEMS OF OPERATING
4 EXPENSES IN CONNECTION WITH THE AUTHORITY, AS WELL AS NECESSARY
5 FUNDS FOR PLANNING AND RESEARCH APPROPRIATE AND CONSISTENT WITH
6 THE PURPOSES OF THIS CHAPTER AND ANY COMPACT ENTERED INTO UNDER
7 THIS CHAPTER.
8 (B) FINANCING OF PARTICULAR PROJECTS.--A COMPACT MAY ALSO
9 PROVIDE FOR THE FINANCING OF A PARTICULAR MASS TRANSPORTATION
10 PROJECT IN SUCH MANNER AS SHALL BE PROVIDED FOR IN THE COMPACT.
11 (C) COMMITMENT OF PARTY.--WHENEVER A PARTY SIGNATORY TO A
12 COMPACT THEREBY EXPRESSES ITS APPROVAL OF THE BUDGET FOR
13 FINANCING A PARTICULAR PROJECT, THIS SHALL THEN CONSTITUTE A
14 COMMITMENT AND OBLIGATION, BINDING AND ABSOLUTE, ON THE PART OF
15 THE PARTY SIGNATORY TO APPROPRIATE THE NECESSARY FUNDS IN
16 ACCORDANCE THEREWITH.
17 (D) COMMITMENT OF COUNTY OR MUNICIPALITY.--NO COMMITMENT OR
18 OBLIGATION INVOLVING THE PAYMENT OF MONEYS TO OR ON BEHALF OF
19 THE AUTHORITY SHALL EXIST IN ANY INSTANCE ON THE PART OF ANY
20 COUNTY OR OTHER MUNICIPALITY WITHIN THE METROPOLITAN AREA UNLESS
21 AND UNTIL THE COMMITMENT OR OBLIGATION SHALL FIRST HAVE BEEN
22 EXPRESSLY AND LAWFULLY UNDERTAKEN AND ASSUMED BY THE COUNTY OR
23 OTHER MUNICIPALITY.
24 § 1750. CONTRACTS, PROCUREMENT AND SALE OF PROPERTY.
25 (A) COMPETITIVE BIDS.--EXCEPT IN THE PURCHASE OF UNIQUE
26 ARTICLES OR ARTICLES WHICH, FOR ANY OTHER REASON, CANNOT BE
27 OBTAINED IN THE OPEN MARKET AND EXCEPT AS PROVIDED IN SECTION
28 1741 (RELATING TO GENERAL POWERS) AND AS PROVIDED IN THIS
29 CHAPTER, COMPETITIVE BIDS SHALL BE SECURED BEFORE ANY PURCHASE
30 OR SALE, BY CONTRACT OR OTHERWISE, IS MADE OR BEFORE ANY
19930H0878B1975 - 54 -
1 CONTRACT IS AWARDED FOR CONSTRUCTION, ALTERATIONS, SUPPLIES,
2 EQUIPMENT, REPAIRS OR MAINTENANCE OR FOR RENDERING ANY SERVICES
3 TO THE AUTHORITY OTHER THAN PROFESSIONAL SERVICES. PURCHASES
4 SHALL BE MADE FROM OR THE CONTRACT SHALL BE AWARDED TO THE
5 LOWEST RESPONSIVE, RESPONSIBLE BIDDER. SALES SHALL BE MADE TO
6 THE HIGHEST RESPONSIVE, RESPONSIBLE BIDDER. NO PURCHASE OF ANY
7 UNIQUE ARTICLE OR OTHER ARTICLES WHICH CANNOT BE OBTAINED IN THE
8 OPEN MARKET SHALL BE MADE WITHOUT EXPRESS APPROVAL OF THE BOARD
9 WHERE THE AMOUNT INVOLVED IS IN EXCESS OF $25,000. THE AUTHORITY
10 SHALL NOT BE SUBJECT TO THE ACT OF NOVEMBER 26, 1978 (P.L.1309,
11 NO.317), ENTITLED "AN ACT REGULATING THE AWARDING AND EXECUTION
12 OF CERTAIN PUBLIC CONTRACTS; PROVIDING FOR CONTRACT PROVISIONS
13 RELATING TO THE RETENTION, INTEREST AND PAYMENT OF FUNDS PAYABLE
14 UNDER THE CONTRACTS; AND REPEALING INCONSISTENT ACTS." NOTHING
15 IN THIS SECTION OR ANY OTHER LAW OF THIS COMMONWEALTH SHALL
16 REQUIRE THE AUTHORITY TO COMPETITIVELY BID ARCHITECTURAL DESIGN,
17 ENGINEERING, CONSTRUCTION MANAGEMENT OR OTHER PROFESSIONAL
18 SERVICES REQUIRED BY THE AUTHORITY.
19 (B) PROCEDURE.--ALL PURCHASES AND SALES IN EXCESS OF $25,000
20 SHALL BE AWARDED AFTER ADVERTISING IN A LOCAL NEWSPAPER OF
21 GENERAL CIRCULATION IN THE METROPOLITAN AREA AT LEAST TWO WEEKS
22 PRIOR TO THE BID OPENING. BIDS SHALL BE PUBLICLY OPENED AND READ
23 ALOUD AT A DATE, TIME AND PLACE DESIGNATED IN THE INVITATION TO
24 BID. INVITATIONS TO BID SHALL BE SENT AT LEAST ONE WEEK PRIOR TO
25 THE BID OPENING TO AT LEAST THREE POTENTIAL BIDDERS WHO ARE
26 QUALIFIED TECHNICALLY AND FINANCIALLY TO SUBMIT BIDS, OR, IN
27 LIEU THEREOF, A MEMORANDUM SHALL BE KEPT ON FILE SHOWING THAT
28 LESS THAN THREE POTENTIAL BIDDERS SO QUALIFIED EXIST IN THE
29 MARKET AREA WITHIN WHICH IT IS PRACTICABLE TO OBTAIN BIDS.
30 (C) QUALIFIED VENDORS.--WRITTEN PRICE QUOTATIONS FROM AT
19930H0878B1975 - 55 -
1 LEAST THREE QUALIFIED AND RESPONSIBLE VENDORS SHALL BE SOLICITED
2 FOR ALL PURCHASES AND SALES UNDER $25,000 AND OVER $10,000, OR,
3 IN LIEU THEREOF, A MEMORANDUM APPROVED BY THE GENERAL MANAGER
4 SHALL BE KEPT ON FILE SHOWING THAT LESS THAN THREE VENDORS SO
5 QUALIFIED EXIST IN THE MARKET AREA WITHIN WHICH IT IS
6 PRACTICABLE TO OBTAIN QUOTATIONS, EXCEPT AS PROVIDED IN THIS
7 CHAPTER.
8 (D) SMALL PURCHASES.--PURCHASES OR SALES UNDER $10,000 MAY
9 BE NEGOTIATED WITH OR WITHOUT COMPETITIVE BIDDING UNDER SOUND
10 PROCUREMENT PROCEDURES AS PROMULGATED AND ESTABLISHED BY THE
11 GENERAL MANAGER.
12 (E) WAIVER.--COMPETITIVE BIDDING REQUIREMENTS MAY BE WAIVED
13 IF IT IS DETERMINED BY THE GENERAL MANAGER, OR IN SUCH OTHER
14 MANNER AS THE BOARD MAY PROVIDE, THAT AN EMERGENCY DIRECTLY AND
15 IMMEDIATELY AFFECTING CUSTOMER SERVICE OR PUBLIC HEALTH, SAFETY
16 OR WELFARE REQUIRES IMMEDIATE DELIVERY OF SUPPLIES, MATERIALS,
17 EQUIPMENT OR SERVICES. A RECORD OF CIRCUMSTANCES EXPLAINING THE
18 EMERGENCY SHALL BE SUBMITTED TO THE BOARD AT ITS NEXT REGULAR
19 MEETING AND THEREAFTER KEPT ON FILE.
20 (F) SALE OR LEASE OF REAL PROPERTY.--CONTRACTS FOR THE SALE
21 OR LEASE OF REAL PROPERTY OWNED BY THE AUTHORITY SHALL BE
22 AWARDED AFTER COMPETITIVE BIDDING AS SHOWN IN SUBSECTION (B),
23 EXCEPT AS PROVIDED IN SECTION 1741(22) WHERE THE CONTRACT IS
24 ENTERED INTO WITH THE COMMONWEALTH OR ANY GOVERNMENT AGENCY OR
25 WITH THE UNITED STATES GOVERNMENT OR ANY AGENCY OR
26 INSTRUMENTALITY THEREOF OR AS PROVIDED IN SECTION 1741(24).
27 (G) PROPERTY MANAGEMENT CONTRACTS.--CONTRACTS FOR THE
28 MANAGEMENT OF AUTHORITY-OWNED PROPERTY, SUCH AS BUS ROUTES OR
29 SUBWAY SYSTEMS, MAY BE NEGOTIATED AND AWARDED BY AN AFFIRMATIVE
30 VOTE OF ONE MORE THAN A MAJORITY OF ALL MEMBERS OF THE BOARD.
19930H0878B1975 - 56 -
1 (H) AVOIDANCE PROHIBITED.--REQUIREMENTS SHALL NOT BE SPLIT
2 INTO PARTS FOR THE PURPOSE OF AVOIDING THE PROVISIONS OF THIS
3 SECTION.
4 (I) REJECTION OF BIDS.--THE AUTHORITY SHALL HAVE THE RIGHT
5 TO REJECT ANY OR ALL BIDS OR PARTS OF ANY OR ALL BIDS, WHENEVER,
6 IN THE OPINION OF THE BOARD, REJECTION IS NECESSARY FOR THE
7 PROTECTION OF THE INTERESTS OF THE AUTHORITY. IN EVERY CASE, A
8 RECORD SHALL BE MADE SETTING FORTH THE REASON FOR THE REJECTION,
9 WHICH RECORD SHALL THEREAFTER BE KEPT ON FILE.
10 (J) RULES AND REGULATIONS.--THE BOARD MAY BY RESOLUTION
11 ADOPT POLICIES TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
12 (K) PROFESSIONAL SERVICES.--NOTHING IN THIS SECTION OR ANY
13 OTHER LAW OF THIS COMMONWEALTH SHALL REQUIRE THE AUTHORITY TO
14 COMPETITIVELY BID ARCHITECTURAL DESIGN, ENGINEERING,
15 CONSTRUCTION MANAGEMENT, ACCOUNTING, FINANCIAL, LEGAL OR OTHER
16 PROFESSIONAL SERVICES REQUIRED BY THE AUTHORITY. NEVERTHELESS,
17 ALL CONTRACTS NOT COMPETITIVELY BID SHALL BE SUBJECT TO THE
18 APPROVAL OF A QUALIFIED MAJORITY.
19 (L) CONCESSIONS.--ALL CONCESSIONS GRANTED BY THE AUTHORITY
20 FOR THE SALE OF PRODUCTS OR THE RENDITION OF SERVICES FOR A
21 CONSIDERATION ON AUTHORITY PROPERTY SHALL BE AWARDED ONLY UNDER
22 WRITTEN SPECIFICATIONS AFTER COMPETITIVE BIDDING AND TO THE
23 HIGHEST RESPONSIVE, RESPONSIBLE BIDDER IN A MANNER SIMILAR TO
24 THAT REQUIRED BY SUBSECTION (B) OR (C) AS APPROPRIATE. THIS
25 REQUIREMENT FOR COMPETITIVE BIDDING SHALL NOT APPLY TO ANY
26 CONCESSION WHICH HAS BEEN GRANTED BY A TRANSPORTATION SYSTEM
27 ACQUIRED BY THE AUTHORITY AND WHICH BY THE TERMS OF THE
28 AGREEMENT GRANTING IT WILL TERMINATE WITHIN ONE YEAR FROM DATE
29 OF THE ACQUISITION OF THE TRANSPORTATION SYSTEM BY THE
30 AUTHORITY, NOR TO ANY CONCESSION INVOLVING THE ESTIMATED RECEIPT
19930H0878B1975 - 57 -
1 BY THE AUTHORITY OF LESS THAN $10,000 OVER THE PERIOD FOR WHICH
2 THE CONCESSION IS GRANTED.
3 § 1751. FISCAL PROVISIONS.
4 (A) FISCAL YEAR AND BUDGET.--THE BOARD SHALL ESTABLISH A
5 FISCAL YEAR FOR OPERATIONS AND A FISCAL YEAR FOR CAPITAL
6 PROGRAMS. AT LEAST 90 DAYS PRIOR TO THE BEGINNING OF THE FIRST
7 FULL FISCAL YEAR AFTER THE CREATION OF THE AUTHORITY AND
8 ANNUALLY THEREAFTER, THE BOARD SHALL CAUSE TO BE PREPARED AND
9 SUBMITTED TO IT A TENTATIVE OPERATING BUDGET AND A TENTATIVE
10 CAPITAL BUDGET FOR THE ENSUING FISCAL YEAR. THE TENTATIVE
11 BUDGETS SHALL BE CONSIDERED BY THE BOARD AND, SUBJECT TO ANY
12 REVISION AND AMENDMENTS AS MAY BE DETERMINED, SHALL BE ADOPTED
13 PRIOR TO THE FIRST DAY OF THE ENSUING FISCAL YEAR AS THE BUDGETS
14 FOR THAT YEAR. THE BOARD SHALL ESTABLISH SUCH RULES AS ARE
15 NECESSARY FOR PROPER OBSERVANCE OF THE BUDGETS. SIMULTANEOUSLY
16 WITH THE ADOPTION OF THE CAPITAL BUDGET, THE BOARD SHALL ADOPT A
17 TENTATIVE CAPITAL PROGRAM COVERING THE ENSUING SIX YEARS.
18 (B) PROCEDURE.--A PUBLIC HEARING SHALL BE CONDUCTED PRIOR TO
19 THE ADOPTION OF THE FINAL OPERATING BUDGET AND TENTATIVE CAPITAL
20 PROGRAM. NOTICE OF THE PUBLIC HEARING SHALL BE PUBLISHED IN TWO
21 NEWSPAPERS OF GENERAL CIRCULATION AND A PUBLICATION SPECIFICALLY
22 DESIGNED TO REACH MINORITIES NOT FEWER THAN 30 DAYS PRIOR TO THE
23 HEARING.
24 § 1752. FINANCIAL STATEMENTS AND AUDIT.
25 (A) STATEMENT.--AS SOON AFTER THE END OF EACH FISCAL YEAR AS
26 IS FEASIBLE, THE BOARD SHALL CAUSE TO BE PREPARED AND PRINTED A
27 REPORT AND FINANCIAL STATEMENT OF THE AUTHORITY'S OPERATIONS FOR
28 THE PREVIOUS YEAR AND OF ITS ASSETS AND LIABILITIES PREPARED IN
29 ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES. A
30 REASONABLY SUFFICIENT NUMBER OF COPIES OF THE REPORT SHALL BE
19930H0878B1975 - 58 -
1 PRINTED FOR DISTRIBUTION TO PERSONS INTERESTED, UPON REQUEST. A
2 COPY OF THE REPORT SHALL BE FILED WITH THE SECRETARY OF THE
3 COMMONWEALTH, THE COUNTY CLERK OF EACH COUNTY IN THE
4 METROPOLITAN AREA AND THE CLERK OF EACH MUNICIPALITY WHICH HAS
5 GRANTED RIGHTS TO THE AUTHORITY BY ORDINANCE, AND A COPY OF THE
6 REPORT SHALL BE ADDRESSED TO AND MAILED TO THE MAYOR AND CITY
7 COUNCIL OR THE GOVERNING BODY OF THE MUNICIPALITY. THE BOARD
8 FROM TIME TO TIME SHALL MAIL, TO THE PERSONS AND OFFICES
9 SPECIFIED, COPIES OF THE INTERIM FINANCIAL REPORTS AS MAY BE
10 PREPARED BY THE AUTHORITY, COPIES OF ALL BYLAWS, RULES AND
11 REGULATIONS, AND AMENDMENTS THERETO, AND COPIES OF THE ANNUAL
12 FINANCIAL BUDGETS.
13 (B) AUDIT.--THE BOARD SHALL APPOINT IN DUE TIME EACH YEAR A
14 FIRM OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS AS AUDITORS WHO
15 SHALL EXAMINE THE BOOKS, RECORDS AND ACCOUNTS, OPERATIONS AND
16 ASSETS AND LIABILITIES OF THE AUTHORITY FOR THE PURPOSE OF
17 AUDITING AND REPORTING UPON ITS FINANCIAL STATEMENTS FOR SUCH
18 YEAR. THE AUDITORS SHALL AUDIT THE BOOKS, RECORDS, ACCOUNTS,
19 OPERATIONS AND ASSETS AND LIABILITIES OF THE AUTHORITY IN
20 ACCORDANCE WITH GENERALLY ACCEPTED AUDITING STANDARDS. THE
21 REPORT OF THE AUDITORS SHALL BE APPENDED TO THE FINANCIAL
22 STATEMENT.
23 § 1753. AID FROM FEDERAL GOVERNMENT.
24 IN ADDITION TO THE POWERS CONFERRED UPON ANY AUTHORITY BY
25 OTHER PROVISIONS OF THIS CHAPTER, THE AUTHORITY IS EMPOWERED TO
26 BORROW OR ACCEPT MONEY OR ACCEPT GRANTS OR OTHER FINANCIAL
27 ASSISTANCE FROM ANY FEDERAL AGENCY FOR OR IN AID OF THE
28 AUTHORITY'S OPERATIONS. IT IS THE PURPOSE AND INTENT OF THIS
29 CHAPTER TO AUTHORIZE THE AUTHORITY, AND THE AUTHORITY IS SO
30 AUTHORIZED, TO DO ANY AND ALL THINGS NECESSARY OR DESIRABLE TO
19930H0878B1975 - 59 -
1 SECURE THE FINANCIAL AID OR COOPERATION OF ANY FEDERAL AGENCY IN
2 ANY OF THE AUTHORITY'S OPERATIONS. THESE THINGS MAY INCLUDE,
3 WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE POWER TO
4 CHANGE OR REVISE RATES, FARES AND CHARGES, TO MAKE RELOCATION
5 PAYMENTS TO FAMILIES, BUSINESSES AND NONPROFIT ORGANIZATIONS, TO
6 PROVIDE AN AREAWIDE TRANSPORTATION PLAN OR PROGRAM FOR THE
7 DEVELOPMENT OF A COMPREHENSIVE AND COORDINATED MASS
8 TRANSPORTATION SYSTEM FOR THE METROPOLITAN AREA, TO CARRY OUT
9 RESEARCH, DEVELOPMENT AND DEMONSTRATION PROJECTS AND TO PROVIDE
10 A SHARE OF THE COST OF ANY PROJECT AND ALL AS MAY BE REQUIRED BY
11 ANY FEDERAL LAW OR BY THE REQUIREMENTS OF ANY FEDERAL AGENCY
12 AUTHORIZED TO ADMINISTER ANY FEDERAL PROGRAM OF AID TO ANY MASS
13 TRANSPORTATION PROGRAM.
14 SUBCHAPTER D
15 FUNDS AND BONDS OF AUTHORITIES
16 SEC.
17 1761. MANAGEMENT OF FUNDS.
18 1762. SPECIAL FUNDS.
19 1763. BONDS.
20 1764. CONTRACTS WITH OBLIGEES OF AN AUTHORITY.
21 1765. COMMONWEALTH PLEDGES.
22 1766. PROVISIONS OF BONDS AND TRUST INDENTURES.
23 1767. BONDS TO BE LEGAL INVESTMENTS.
24 1768. RIGHTS AND REMEDIES.
25 1769. ADDITIONAL REMEDIES CONFERRABLE BY AN AUTHORITY.
26 1770. VALIDITY OF PLEDGE.
27 1771. SECURITY INTEREST IN FUNDS AND ACCOUNTS.
28 1772. PAYMENT OF PROCEEDS OF TAX LEVIED FOR AUTHORITY
29 PURPOSES.
30 1773. LIMITATION ON AUTHORITY UNDER FEDERAL BANKRUPTCY CODE.
19930H0878B1975 - 60 -
1 § 1761. MANAGEMENT OF FUNDS.
2 (A) GENERAL RULE.--ALL FUNDS OF AN AUTHORITY RECEIVED FROM
3 ANY SOURCE SHALL BE DELIVERED TO THE TREASURER OF THE AUTHORITY
4 OR TO SUCH OTHER AGENT OF THE AUTHORITY AS THE BOARD MAY
5 DESIGNATE. THE FUNDS SHALL BE PROMPTLY DEPOSITED IN THE NAME OF
6 THE AUTHORITY IN A BANK OR BANKS, BANK AND TRUST COMPANY OR BANK
7 AND TRUST COMPANIES, TRUST COMPANY OR TRUST COMPANIES IN THIS
8 COMMONWEALTH CHOSEN BY THE AUTHORITY. THE MONEYS IN THE ACCOUNT
9 OR ACCOUNTS MAY BE WITHDRAWN OR PAID OUT ONLY BY CHECK OR DRAFT
10 UPON THE BANK, BANK AND TRUST COMPANY OR TRUST COMPANY, SIGNED
11 BY THE TREASURER OR OTHER DESIGNATED AGENT OF THE AUTHORITY ON
12 WARRANT OF THE TREASURER OF THE AUTHORITY AND COUNTERSIGNED BY
13 THE CHAIRMAN OF THE BOARD OR BY SUCH PERSONS AS THE BOARD MAY
14 AUTHORIZE. MONEYS IN THE ACCOUNT OR ACCOUNTS MAY BE WITHDRAWN OR
15 PAID OUT BY ELECTRONIC FUNDS TRANSFER ON INSTRUCTIONS SIGNED AND
16 COUNTERSIGNED IN THE MANNER PROVIDED FOR CHECKS OR DRAFTS. THE
17 BOARD MAY DESIGNATE ANY OF ITS MEMBERS OR ANY OFFICER OR
18 EMPLOYEE OF THE AUTHORITY TO AFFIX THE SIGNATURE OF THE CHAIRMAN
19 TO ANY CHECK OR DRAFT FOR PAYMENT OF SALARIES OR WAGES AND FOR
20 THE PAYMENT OF ANY OTHER OBLIGATION OF NOT MORE THAN $100,000.
21 THE GENERAL MANAGER MAY DESIGNATE ANY OFFICER OR EMPLOYEE OF THE
22 AUTHORITY TO AFFIX THE SIGNATURE OF THE TREASURER TO ANY CHECK
23 OR DRAFT FOR PAYMENT OF SALARIES OR WAGES AND FOR THE PAYMENT OF
24 ANY OTHER OBLIGATION OF NOT MORE THAN $100,000.
25 (B) MANAGEMENT OF FUNDS.--
26 (1) ALL BANK, BANK AND TRUST COMPANY OR TRUST COMPANY
27 BALANCES OF THE AUTHORITY, TO THE EXTENT THE SAME ARE NOT
28 INSURED, SHALL BE CONTINUOUSLY SECURED BY A PLEDGE OF DIRECT
29 OBLIGATIONS OF THE UNITED STATES, OF THE COMMONWEALTH OR OF
30 ANY MUNICIPALITY OR MUNICIPALITIES IN THE METROPOLITAN AREA
19930H0878B1975 - 61 -
1 HAVING AN AGGREGATE MARKET VALUE EXCLUSIVE OF ACCRUED
2 INTEREST AT ALL TIMES AT LEAST EQUAL TO THE BALANCE ON
3 DEPOSIT IN SUCH BANK, BANK AND TRUST COMPANY OR TRUST
4 COMPANY. THE SECURITIES SHALL EITHER BE DEPOSITED WITH THE
5 TREASURER OF THE AUTHORITY OR BE HELD BY A TRUSTEE OR AGENT
6 SATISFACTORY TO THE AUTHORITY. ALL DEPOSITORY INSTITUTIONS
7 ARE AUTHORIZED TO GIVE SECURITY FOR THE DEPOSITS.
8 (2) SUBJECT TO THE PROVISIONS OF ANY AGREEMENTS WITH
9 OBLIGEES OF THE AUTHORITY, ALL FUNDS OF THE AUTHORITY,
10 INCLUDING, BUT NOT LIMITED TO, THE PROCEEDS OF BONDS THAT ARE
11 NOT REQUIRED FOR IMMEDIATE USE MAY BE INVESTED BY THE BOARD
12 CONSISTENT WITH SOUND BUSINESS PRACTICE. THE BOARD SHALL
13 PROVIDE FOR AN INVESTMENT PROGRAM SUBJECT TO RESTRICTIONS
14 CONTAINED IN THIS ACT AND IN ANY OTHER APPLICABLE STATUTE AND
15 ANY RESOLUTIONS ON THIS SUBJECT ADOPTED BY THE BOARD.
16 (C) AUTHORIZED INVESTMENTS.--THE AUTHORIZED TYPES OF
17 INVESTMENTS FOR AUTHORITY FUNDS SHALL BE ANY OF THE FOLLOWING:
18 (1) GOVERNMENT OBLIGATIONS.
19 (2) DEBT OBLIGATIONS ISSUED BY ANY OF THE FOLLOWING
20 FEDERAL AGENCIES OR SUCH OTHER LIKE FEDERAL AGENCIES WHICH
21 MAY BE DESIGNATED BY THE BOARD: BANK FOR COOPERATIVES,
22 FEDERAL FARM CREDIT BANKS, FEDERAL FINANCING BANK, FEDERAL
23 HOME LOAN BANK SYSTEM, FEDERAL NATIONAL MORTGAGE ASSOCIATION,
24 EXPORT-IMPORT BANK OF THE UNITED STATES, FARMERS HOME
25 ADMINISTRATION, RESOLUTION FUNDING CORPORATION, SMALL
26 BUSINESS ADMINISTRATION, STUDENT LOAN MARKETING ASSOCIATION,
27 INTER-AMERICAN DEVELOPMENT BANK, INTERNATIONAL BANK FOR
28 RECONSTRUCTION AND DEVELOPMENT, FEDERAL LAND BANKS OR
29 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION, AND THEIR
30 PREDECESSOR OR SUCCESSOR AGENCIES.
19930H0878B1975 - 62 -
1 (3) SHORT-TERM OR LONG-TERM DEBT OBLIGATIONS OF ANY
2 STATE OR POLITICAL SUBDIVISION THEREOF OR ANY AGENCY OR
3 INSTRUMENTALITY OF SUCH A STATE OR POLITICAL SUBDIVISION OR
4 OF ANY MUNICIPAL CORPORATION, PROVIDED THAT THE OBLIGATIONS
5 ARE RATED BY A RATING AGENCY IN ANY OF THE THREE HIGHEST
6 RATING CATEGORIES (WITHOUT REFERENCE TO SUBCATEGORIES)
7 ASSIGNED BY THE RATING AGENCY.
8 (4) RIGHTS TO RECEIVE THE PRINCIPAL OF OR THE INTEREST
9 ON OBLIGATIONS OF STATES, POLITICAL SUBDIVISIONS, AGENCIES OR
10 INSTRUMENTALITIES MEETING THE REQUIREMENTS SET FORTH IN
11 PARAGRAPHS (2) AND (3), WHETHER THROUGH DIRECT OWNERSHIP AS
12 EVIDENCED BY PHYSICAL POSSESSION OF THE OBLIGATIONS OR
13 UNMATURED INTEREST COUPONS OR BY REGISTRATION AS TO OWNERSHIP
14 ON THE BOOKS OF THE ISSUER OR ITS DULY AUTHORIZED PAYING
15 AGENT OR TRANSFER AGENT OR THROUGH THE PURCHASE OF
16 CERTIFICATES OR OTHER INSTRUMENTS EVIDENCING AN UNDIVIDED
17 OWNERSHIP INTEREST IN PAYMENTS OF THE PRINCIPAL OF OR
18 INTEREST ON THE OBLIGATIONS.
19 (5) NEGOTIABLE AND NONNEGOTIABLE CERTIFICATES OF
20 DEPOSIT, TIME DEPOSITS OR OTHER SIMILAR BANKING ARRANGEMENTS
21 WHICH ARE ISSUED BY BANKS, BANK AND TRUST COMPANIES, TRUST
22 COMPANIES OR SAVINGS AND LOAN ASSOCIATIONS, PROVIDED THAT,
23 UNLESS ISSUED BY A QUALIFIED FINANCIAL INSTITUTION, ANY SUCH
24 CERTIFICATE, DEPOSIT OR OTHER ARRANGEMENT SHALL BE
25 CONTINUOUSLY SECURED AS TO PRINCIPAL IN THE MANNER AND TO THE
26 EXTENT PROVIDED IN SUBSECTION (D).
27 (6) REPURCHASE AGREEMENTS FOR INVESTMENT SECURITIES
28 DESCRIBED IN PARAGRAPH (1) OR (2) WITH A QUALIFIED FINANCIAL
29 INSTITUTION OR WITH DEALERS IN GOVERNMENT BONDS WHICH REPORT
30 TO, TRADE WITH AND ARE RECOGNIZED AS PRIMARY DEALERS BY A
19930H0878B1975 - 63 -
1 FEDERAL RESERVE BANK AND ARE MEMBERS OF THE SECURITIES
2 INVESTORS PROTECTION CORPORATION, PROVIDED THAT THE
3 REPURCHASE PRICE PAYABLE UNDER ANY AGREEMENT SHALL BE
4 CONTINUOUSLY SECURED IN THE MANNER AND TO THE EXTENT PROVIDED
5 IN SUBSECTION (D).
6 (7) INVESTMENT AGREEMENTS WITH QUALIFIED FINANCIAL
7 INSTITUTIONS.
8 (8) COMMERCIAL PAPER RATED IN THE HIGHEST RATING
9 CATEGORY (WITHOUT REFERENCE TO SUBCATEGORIES) BY A RATING
10 AGENCY.
11 (9) SHARES OR CERTIFICATES IN ANY SHORT-TERM INVESTMENT
12 FUND RATED IN THE HIGHEST RATING CATEGORY (WITHOUT REFERENCE
13 TO SUBCATEGORIES) BY A RATING AGENCY, WHICH SHORT-TERM
14 INVESTMENT FUND INVESTS SOLELY IN OBLIGATIONS DESCRIBED IN
15 PARAGRAPHS (1) AND (2).
16 (10) DEBT OBLIGATIONS OF ANY FOREIGN GOVERNMENT OR
17 POLITICAL SUBDIVISION THEREOF OR ANY AGENCY OR
18 INSTRUMENTALITY OF FOREIGN GOVERNMENT OR POLITICAL
19 SUBDIVISION, PROVIDED THAT THE OBLIGATIONS ARE RATED BY A
20 RATING AGENCY (WITHOUT REFERENCE TO SUBCATEGORIES) IN THE
21 HIGHEST RATING CATEGORY ASSIGNED BY THE RATING AGENCY.
22 (11) SUCH OTHER INVESTMENTS WHICH AT THE TIME OF THE
23 ACQUISITION THEREOF SHALL BE LISTED AS PERMISSIBLE
24 INVESTMENTS FOR TRUST FUNDS IN AN INDENTURE OR RESOLUTION
25 WITH RESPECT TO INDEBTEDNESS WHICH IS INCURRED UNDER THIS
26 CHAPTER.
27 (D) SECURITY FOR INVESTMENT SECURITIES.--ANY SECURITY
28 REQUIRED TO BE MAINTAINED AS COLLATERAL FOR INVESTMENT
29 SECURITIES IN THE FORM OF CERTIFICATES OF DEPOSIT, TIME
30 DEPOSITS, OTHER SIMILAR BANKING ARRANGEMENTS AND REPURCHASE
19930H0878B1975 - 64 -
1 AGREEMENTS DESCRIBED IN SUBSECTION (C)(5) AND (6) SHALL BE
2 SUBJECT TO THE FOLLOWING REQUIREMENTS:
3 (1) THE COLLATERAL SHALL BE IN THE FORM OF OBLIGATIONS
4 DESCRIBED IN SUBSECTION (C)(1) AND (2), EXCEPT THAT THE
5 SECURITY FOR CERTIFICATES OF DEPOSIT, TIME DEPOSITS OR OTHER
6 SIMILAR BANKING ARRANGEMENTS MAY INCLUDE OTHER MARKETABLE
7 SECURITIES WHICH ARE ELIGIBLE AS SECURITY FOR TRUST FUNDS
8 UNDER APPLICABLE REGULATIONS OF THE COMPTROLLER OF THE
9 CURRENCY OF THE UNITED STATES OF AMERICA OR UNDER APPLICABLE
10 STATE LAWS AND REGULATIONS.
11 (2) THE COLLATERAL SHALL HAVE AN AGGREGATE MARKET VALUE,
12 CALCULATED NOT LESS FREQUENTLY THAN MONTHLY, AT LEAST EQUAL
13 TO THE PRINCIPAL AMOUNT (LESS ANY PORTION INSURED BY THE
14 FEDERAL DEPOSIT INSURANCE CORPORATION OR ANY COMPARABLE
15 INSURANCE CORPORATION CHARTERED BY THE UNITED STATES OF
16 AMERICA) OR THE REPURCHASE PRICE SECURED THEREBY, AS THE CASE
17 MAY BE. THE INSTRUMENTS GOVERNING THE ISSUANCE OF AND
18 SECURITY FOR THE INVESTMENT SECURITIES SHALL DESIGNATE THE
19 PERSON RESPONSIBLE FOR MAKING THE FOREGOING CALCULATIONS.
20 (3) THE AUTHORITY SHALL HAVE A PERFECTED SECURITY
21 INTEREST IN THE COLLATERAL SECURING CERTIFICATES OF DEPOSIT,
22 TIME DEPOSITS OR OTHER SIMILAR BANKING ARRANGEMENTS, AND THE
23 COLLATERAL SHALL BE HELD FREE AND CLEAR OF THE CLAIMS OF
24 THIRD PARTIES. THE COLLATERAL SHALL BE DEPOSITED WITH THE
25 AUTHORITY, WITH A FEDERAL RESERVE BANK FOR THE ACCOUNT OF THE
26 AUTHORITY OR WITH A BANK, BANK AND TRUST COMPANY OR TRUST
27 COMPANY (OTHER THAN THE OBLIGOR) WHICH IS ACTING SOLELY AS
28 AGENT FOR THE AUTHORITY AND HAS A COMBINED NET CAPITAL AND
29 SURPLUS EQUAL TO AT LEAST $100,000,000.
30 (4) COLLATERAL FOR REPURCHASE AGREEMENTS SHALL BE HELD
19930H0878B1975 - 65 -
1 FREE AND CLEAR OF THE CLAIMS OF THIRD PARTIES BY THE
2 AUTHORITY, OR BY A FEDERAL RESERVE BANK FOR THE ACCOUNT OF
3 THE AUTHORITY, OR BY A BANK, BANK AND TRUST COMPANY OR TRUST
4 COMPANY WHICH IS ACTING SOLELY AS AGENT FOR THE AUTHORITY AND
5 HAS A COMBINED NET CAPITAL AND SURPLUS AT LEAST EQUAL TO
6 $100,000,000. A PERFECTED FIRST PRIORITY SECURITY INTEREST
7 FOR THE BENEFIT OF THE AUTHORITY SHALL BE CREATED IN THE
8 COLLATERAL UNDER TITLE 13 (RELATING TO COMMERCIAL CODE) OR
9 BOOK ENTRY PROCEDURES PRESCRIBED BY APPLICABLE FEDERAL
10 REGULATIONS.
11 § 1762. SPECIAL FUNDS.
12 AN AUTHORITY, UNDER RESOLUTIONS ADOPTED FROM TIME TO TIME BY
13 THE BOARD, MAY ESTABLISH AND CREATE SUCH SPECIAL FUNDS AS MAY BE
14 FOUND DESIRABLE BY THE BOARD AND, IN AND BY SUCH RESOLUTIONS,
15 MAY PROVIDE FOR PAYMENTS INTO ALL SPECIAL FUNDS FROM SPECIFIED
16 SOURCES WITH SUCH PREFERENCES AND PRIORITIES AS MAY BE DEEMED
17 ADVISABLE AND MAY PROVIDE FOR THE CUSTODY, DISBURSEMENT AND
18 APPLICATION OF ANY MONEYS IN ANY SUCH SPECIAL FUNDS CONSISTENT
19 WITH THE PROVISIONS OF THIS SUBCHAPTER AND CONSISTENT WITH
20 GENERALLY ACCEPTED ACCOUNTING PRINCIPLES.
21 § 1763. BONDS.
22 (A) GENERAL RULE.--
23 (1) THE BONDS OF THE AUTHORITY SHALL BE AUTHORIZED BY
24 RESOLUTION OF THE BOARD THEREOF AND SHALL BE OF SUCH SERIES,
25 BEAR SUCH DATE OR DATES, BEAR OR ACCRUE INTEREST AT SUCH RATE
26 OR RATES, FIXED OR VARIABLE, AS SHALL BE DETERMINED BY THE
27 BOARD AS NECESSARY TO ISSUE AND SELL THE AUTHORIZED BONDS, BE
28 IN SUCH DENOMINATIONS, BE IN SUCH FORM, EITHER COUPON OR
29 FULLY REGISTERED WITHOUT COUPONS, BE IN CERTIFICATED OR BOOK-
30 ENTRY-ONLY FORM, CARRY SUCH REGISTRATION AND EXCHANGEABILITY
19930H0878B1975 - 66 -
1 AND INTERCHANGEABILITY PRIVILEGES, BE PAYABLE IN SUCH MEDIUM
2 OF PAYMENT AND AT SUCH PLACE OR PLACES, BE SUBJECT TO SUCH
3 TERMS OF REDEMPTION AND BE ENTITLED TO SUCH PRIORITIES OF
4 PAYMENT IN THE REVENUES OR RECEIPTS OF THE AUTHORITY AS THE
5 RESOLUTION OR TRUST INDENTURE ADOPTED OR APPROVED BY THE
6 AUTHORITY MAY PROVIDE.
7 (2) THE BONDS SHALL BE SIGNED BY OR SHALL BEAR THE
8 FACSIMILE SIGNATURES OF SUCH OFFICERS AS THE BOARD SHALL
9 DETERMINE, AND COUPON BONDS SHALL HAVE ATTACHED THERETO
10 INTEREST COUPONS BEARING THE FACSIMILE SIGNATURE OF THE
11 TREASURER OF THE AUTHORITY, AND ALL BONDS SHALL BE
12 AUTHENTICATED BY AN AUTHENTICATING AGENT, FISCAL AGENT OR
13 TRUSTEE, ALL AS MAY BE PRESCRIBED IN THE RESOLUTION OR TRUST
14 INDENTURE.
15 (3) ANY SUCH BONDS MAY BE ISSUED AND DELIVERED
16 NOTWITHSTANDING THAT ONE OR MORE OF THE OFFICERS SIGNING
17 BONDS OR THE TREASURER WHOSE FACSIMILE SIGNATURE SHALL BE
18 UPON THE COUPON, OR ANY THEREOF, SHALL HAVE CEASED TO BE AN
19 OFFICER OR OFFICERS AT THE TIME WHEN THE BONDS SHALL ACTUALLY
20 BE DELIVERED.
21 (4) THE PROCEEDS OF AN ISSUE OF BONDS MAY BE USED TO PAY
22 THE COSTS OF A PROJECT; SUBJECT TO THE LIMITATIONS OF
23 SUBSECTION (B), TO FINANCE ANY CASH FLOW DEFICIT OF THE
24 AUTHORITY; TO REIMBURSE ANY COSTS OF A PROJECT INITIALLY PAID
25 BY THE AUTHORITY OR ANY PERSON; TO FUND ANY REQUIRED
26 RESERVES; TO CAPITALIZE INTEREST; OR TO PAY COSTS OF ISSUANCE
27 INCLUDING, BUT NOT LIMITED TO, COSTS OF OBTAINING CREDIT
28 ENHANCEMENT FOR THE BONDS.
29 (B) MATURITY.--BONDS ISSUED TO FINANCE THE COSTS OF A
30 PROJECT SHALL MATURE AT SUCH TIME OR TIMES NOT EXCEEDING 40
19930H0878B1975 - 67 -
1 YEARS FROM THEIR RESPECTIVE DATES OF ORIGINAL ISSUE AS THE
2 AUTHORITY SHALL BY RESOLUTION DETERMINE. BONDS ISSUED IN
3 ANTICIPATION OF INCOME OF THE AUTHORITY SHALL MATURE WITHIN ONE
4 FISCAL YEAR AFTER THE FISCAL YEAR OF THE DATE OF ISSUANCE
5 THEREOF, EXCEPT FOR BONDS ISSUED IN ANTICIPATION OF GRANTS WITH
6 RESPECT TO THE COST OF A PROJECT, WHICH BONDS SHALL MATURE NO
7 LATER THAN SIX MONTHS BEYOND THE TIME OF ANTICIPATED RECEIPT OF
8 THE FINAL PAYMENT OF THE GRANT.
9 (C) SALE.--BONDS MAY BE SOLD AT PUBLIC SALE OR INVITED SALE
10 FOR SUCH PRICE OR PRICES AND AT SUCH RATE OR RATES OF INTEREST
11 AS THE AUTHORITY SHALL DETERMINE. BONDS MAY BE SOLD AT PRIVATE
12 SALE BY NEGOTIATION AT SUCH PRICE OR PRICES AND AT SUCH RATE OR
13 RATES OF INTEREST AS THE AUTHORITY SHALL DETERMINE, BUT ONLY IF
14 THE AUTHORITY MAKES A WRITTEN PUBLIC EXPLANATION OF THE
15 CIRCUMSTANCES AND JUSTIFICATION FOR THE PRIVATE SALE BY
16 NEGOTIATION. PENDING THE PREPARATION OF THE DEFINITIVE BONDS,
17 INTERIM RECEIPTS MAY BE ISSUED TO THE PURCHASER OR PURCHASERS OF
18 SUCH BONDS AND MAY CONTAIN SUCH TERMS AND CONDITIONS AS THE
19 AUTHORITY MAY DETERMINE.
20 (D) NEGOTIABLE INSTRUMENTS.--BONDS OF AN AUTHORITY SHALL
21 HAVE THE QUALITIES OF NEGOTIABLE INSTRUMENTS UNDER TITLE 13
22 (RELATING TO COMMERCIAL CODE).
23 (E) REFUNDING.--
24 (1) SUBJECT TO THE PROVISIONS OF THE OUTSTANDING BONDS,
25 NOTES OR OTHER OBLIGATIONS ISSUED UNDER THIS CHAPTER OR PRIOR
26 ACTS AND SUBJECT TO THE PROVISIONS OF THIS CHAPTER, THE
27 AUTHORITY SHALL HAVE THE RIGHT AND POWER TO REFUND ANY
28 OUTSTANDING DEBT, WHETHER THE DEBT REPRESENTS PRINCIPAL OR
29 INTEREST, IN WHOLE OR IN PART, AT ANY TIME.
30 (2) AS USED IN THIS SUBSECTION, "REFUND" AND ITS
19930H0878B1975 - 68 -
1 VARIATIONS SHALL MEAN THE ISSUANCE AND SALE OF OBLIGATIONS
2 THE PROCEEDS OF WHICH ARE USED OR ARE TO BE USED FOR THE
3 PAYMENT OR REDEMPTION OF OUTSTANDING OBLIGATIONS UPON OR
4 PRIOR TO MATURITY. REFUNDING BONDS SHALL MATURE AT SUCH TIME
5 OR TIMES NOT EXCEEDING 40 YEARS FROM THEIR DATES OF ORIGINAL
6 ISSUANCE AS THE AUTHORITY SHALL DETERMINE BY RESOLUTION.
7 (F) CREDIT OF COMMONWEALTH AND POLITICAL SUBDIVISIONS NOT
8 PLEDGED.--UNDER NO CIRCUMSTANCES SHALL ANY BONDS ISSUED BY THE
9 AUTHORITY OR ANY OTHER OBLIGATION OF THE AUTHORITY BE OR BECOME
10 AN INDEBTEDNESS OR LIABILITY OF THE COMMONWEALTH OR OF ANY
11 GOVERNMENT AGENCY, PROVIDED THAT ANY GOVERNMENT AGENCY MAY
12 GUARANTEE BONDS OF AN AUTHORITY TO THE EXTENT AND FOR THE
13 PURPOSES FOR WHICH THE GOVERNMENT AGENCY MAY MAKE LOANS OR
14 GRANTS TO AN AUTHORITY.
15 (G) NONLIABILITY.--NEITHER THE BOARD MEMBERS, ANY EMPLOYEES
16 OF THE AUTHORITY NOR ANY PERSON EXECUTING THE BONDS SHALL BE
17 LIABLE PERSONALLY ON ANY BONDS BY REASON OF THE ISSUANCE
18 THEREOF. BONDS OF AN AUTHORITY SHALL CONTAIN A STATEMENT OF THE
19 LIMITATION SET FORTH IN THIS SUBSECTION.
20 (H) BONDS DEEMED VALID.--ANY BOND RECITING IN SUBSTANCE THAT
21 IT HAS BEEN ISSUED BY THE AUTHORITY TO ACCOMPLISH THE PUBLIC
22 PURPOSES OF THIS SUBCHAPTER SHALL BE CONCLUSIVELY DEEMED IN ANY
23 SUIT, ACTION OR PROCEEDING INVOLVING THE VALIDITY OR
24 ENFORCEABILITY OF THE BONDS OR SECURITY THEREFOR TO HAVE BEEN
25 ISSUED FOR SUCH PURPOSE.
26 (I) NOTICE AND CHALLENGES.--
27 (1) THE AUTHORITY MAY CAUSE A COPY OF ANY RESOLUTION
28 AUTHORIZING THE ISSUANCE OF BONDS ADOPTED BY IT TO BE FILED
29 FOR PUBLIC INSPECTION IN ITS OFFICE AND IN THE OFFICE OF THE
30 CLERK OF THE GOVERNING BODY OF EACH COUNTY AND THE GOVERNING
19930H0878B1975 - 69 -
1 BODY OF THE CITY OF THE FIRST CLASS WITHIN ITS SERVICE AREA
2 AND MAY THEREUPON CAUSE TO BE PUBLISHED IN A NEWSPAPER
3 PUBLISHED OR CIRCULATING IN ITS SERVICE AREA A NOTICE STATING
4 THE FACT AND DATE OF THE ADOPTION, THE PLACES WHERE THE
5 RESOLUTION HAS BEEN SO FILED FOR PUBLIC INSPECTION, THE DATE
6 OF PUBLICATION OF THE NOTICE AND THAT ANY ACTION OR
7 PROCEEDING OF ANY KIND OR NATURE IN ANY COURT QUESTIONING THE
8 VALIDITY OR PROPER AUTHORIZATION OF BONDS PROVIDED FOR BY THE
9 RESOLUTION, OR THE VALIDITY OF ANY COVENANTS, AGREEMENTS OR
10 CONTRACT PROVIDED FOR BY SUCH RESOLUTION, SHALL BE COMMENCED
11 WITHIN 20 DAYS AFTER THE PUBLICATION OF THE NOTICE.
12 (2) IF ANY NOTICE SHALL AT ANY TIME BE PUBLISHED AND IF
13 NO ACTION OR PROCEEDING QUESTIONING THE VALIDITY OR PROPER
14 AUTHORIZATION OF BONDS PROVIDED FOR BY THE RESOLUTION, OR THE
15 VALIDITY OF ANY COVENANTS, AGREEMENTS OR CONTRACT PROVIDED
16 FOR BY SUCH RESOLUTION, SHALL BE COMMENCED WITHIN 20 DAYS
17 AFTER THE PUBLICATION OF THE NOTICE, THEN ALL RESIDENTS,
18 TAXPAYERS AND OWNERS OF PROPERTY IN THE SERVICE AREA AND
19 USERS OF THE TRANSPORTATION SYSTEM OF THE AUTHORITY AND ALL
20 OTHER PERSONS WHATSOEVER SHALL BE FOREVER BARRED AND
21 FORECLOSED FROM INSTITUTING OR COMMENCING ANY ACTION OR
22 PROCEEDING IN ANY COURT, OR PLEADING ANY DEFENSE TO ANY
23 ACTION OR PROCEEDINGS, QUESTIONING THE VALIDITY OR PROPER
24 AUTHORIZATION OF SUCH BONDS, OR THE VALIDITY OF ANY SUCH
25 COVENANTS, AGREEMENTS OR CONTRACTS AND SAID BONDS, COVENANTS,
26 AGREEMENTS AND CONTRACTS, SHALL BE CONCLUSIVELY DEEMED TO BE
27 VALID AND BINDING OBLIGATIONS IN ACCORDANCE WITH THEIR TERMS
28 AND TENOR.
29 (3) AFTER ISSUANCE OF BONDS, ALL BONDS SHALL BE
30 CONCLUSIVELY PRESUMED TO BE FULLY AUTHORIZED AND ISSUED BY
19930H0878B1975 - 70 -
1 ALL THE LAWS OF THIS COMMONWEALTH, AND ANY PERSON SHALL BE
2 ESTOPPED FROM QUESTIONING THEIR SALE, EXECUTION OR DELIVERY
3 BY THE AUTHORITY.
4 § 1764. CONTRACTS WITH OBLIGEES OF AN AUTHORITY.
5 EXCEPT AS OTHERWISE PROVIDED IN ANY RESOLUTION OF AN
6 AUTHORITY AUTHORIZING OR AWARDING BONDS, THE TERMS THEREOF AND
7 OF THIS CHAPTER AS IN EFFECT WHEN THE BONDS WERE AUTHORIZED
8 SHALL CONSTITUTE A CONTRACT BETWEEN THE AUTHORITY AND OBLIGEES
9 OF THE AUTHORITY, SUBJECT TO MODIFICATION IN SUCH MANNER AS THE
10 RESOLUTION, THE TRUST INDENTURE SECURING SUCH BONDS OR THE BONDS
11 SHALL PROVIDE.
12 § 1765. COMMONWEALTH PLEDGES.
13 (A) LIMITATION OF POWERS.--
14 (1) THE COMMONWEALTH DOES HEREBY PLEDGE TO AND AGREE
15 WITH ANY PERSON, FIRM OR CORPORATION, GOVERNMENT AGENCY,
16 WHETHER IN THIS COMMONWEALTH OR ELSEWHERE, OR FEDERAL AGENCY
17 SUBSCRIBING TO OR ACQUIRING THE BONDS TO BE ISSUED BY THE
18 AUTHORITY THAT THE COMMONWEALTH WILL NOT LIMIT OR ALTER THE
19 RIGHTS HEREBY VESTED IN THE AUTHORITY IN ANY MANNER
20 INCONSISTENT WITH THE OBLIGATIONS OF THE AUTHORITY TO THE
21 OBLIGEES OF THE AUTHORITY UNTIL ALL BONDS AT ANY TIME ISSUED,
22 TOGETHER WITH THE INTEREST THEREON, ARE FULLY PAID OR
23 PROVIDED FOR. THE COMMONWEALTH DOES FURTHER PLEDGE TO AND
24 AGREE WITH ANY FEDERAL AGENCY THAT, IN THE EVENT THAT ANY
25 FEDERAL AGENCY SHALL CONTRIBUTE ANY FUNDS FOR THE AUTHORITY
26 OR ANY PROJECT, THE COMMONWEALTH WILL NOT ALTER OR LIMIT THE
27 RIGHTS AND POWERS OF THE AUTHORITY IN ANY MANNER WHICH WOULD
28 BE INCONSISTENT WITH THE DUE PERFORMANCE OF ANY AGREEMENTS
29 BETWEEN THE AUTHORITY AND ANY FEDERAL AGENCY.
30 (2) THE COMMONWEALTH DOES HEREBY PLEDGE TO AND AGREE
19930H0878B1975 - 71 -
1 WITH ANY PERSON WHO, AS OWNER THEREOF, LEASES OR SUBLEASES
2 PROPERTY TO OR FROM AN AUTHORITY THAT THE COMMONWEALTH WILL
3 NOT LIMIT OR ALTER THE RIGHTS AND POWERS HEREBY VESTED IN THE
4 AUTHORITY OR OTHERWISE CREATED BY THIS ACT IN ANY MANNER
5 WHICH IMPAIRS THE OBLIGATIONS OF THE AUTHORITY UNTIL ALL
6 OBLIGATIONS OF THE AUTHORITY UNDER THE LEASE OR SUBLEASE ARE
7 FULLY MET AND DISCHARGED.
8 (B) TAX PROCEEDS.--IF AND TO THE EXTENT THAT THE AUTHORITY
9 PLEDGES ITS SHARE OF THE PROCEEDS OF A TAX AUTHORIZED BY LAW TO
10 BE LEVIED FOR AUTHORITY PURPOSES OR MADE AVAILABLE FOR USE BY
11 THE AUTHORITY AS SECURITY FOR THE PAYMENT OF BONDS ISSUED BY THE
12 AUTHORITY, THE COMMONWEALTH DOES HEREBY PLEDGE TO AND AGREE WITH
13 ANY PERSON, FIRM OR CORPORATION, GOVERNMENT AGENCY, WHETHER IN
14 THIS COMMONWEALTH OR ELSEWHERE, OR FEDERAL AGENCY SUBSCRIBING TO
15 OR ACQUIRING SUCH BONDS TO BE ISSUED BY THE AUTHORITY THAT THE
16 COMMONWEALTH ITSELF WILL NOT, NOR WILL IT AUTHORIZE ANY
17 GOVERNMENT ENTITY LEVYING SUCH TAX TO, ABOLISH OR TO REDUCE THE
18 RATE OF TAX IMPOSED FOR AUTHORITY PURPOSES OR MADE AVAILABLE FOR
19 USE BY THE AUTHORITY UNTIL ALL BONDS SO SECURED BY THE PLEDGE OF
20 THE AUTHORITY, TOGETHER WITH THE INTEREST THEREON, ARE FULLY
21 PAID OR PROVIDED FOR.
22 § 1766. PROVISIONS OF BONDS AND TRUST INDENTURES.
23 IN CONNECTION WITH THE ISSUANCE OF BONDS OR THE INCURRING OF
24 OBLIGATIONS UNDER LEASES, AND IN ORDER TO SECURE THE PAYMENT OF
25 THE BONDS AND OBLIGATIONS, THE AUTHORITY, IN ADDITION TO ITS
26 OTHER POWERS, SHALL HAVE THE POWER TO:
27 (1) PLEDGE OR GRANT A SECURITY INTEREST, SENIOR, PARITY
28 OR SUBORDINATED, IN ALL OR ANY PART OF ITS REVENUES,
29 INCLUDING, BUT NOT LIMITED TO, THE PROCEEDS OF ANY TAX LEVIED
30 FOR THE PURPOSES OF OR MADE AVAILABLE FOR USE BY THE
19930H0878B1975 - 72 -
1 AUTHORITY, TO WHICH ITS RIGHT THEN EXISTS OR MAY THEREAFTER
2 COME INTO EXISTENCE.
3 (2) GRANT A LIEN ON OR A SECURITY INTEREST IN, SENIOR,
4 PARITY OR SUBORDINATED, IN ALL OR ANY PART OF ITS REAL OR
5 PERSONAL PROPERTY THEN OWNED OR THEREAFTER ACQUIRED,
6 PROVIDED, HOWEVER, THAT NO SUCH LIEN SHALL EXTEND TO REAL
7 PROPERTY OF AN AUTHORITY COMPRISING RIGHTS-OF-WAY, EASEMENTS
8 OR ANY OTHER INTERESTS IN REAL PROPERTY USED OR USEFUL FOR
9 PASSAGE OF TRANSPORTATION VEHICLES OR NECESSARY FOR THE SAFE
10 AND SOUND ROUTING OR CONTROL OF TRANSPORTATION VEHICLES.
11 (3) PROVIDE FOR THE ISSUANCE OF UNSECURED BONDS, LIMITED
12 RECOURSE BONDS OR NONRECOURSE BONDS.
13 (4) ENTER INTO TRUST INDENTURES SECURING BONDS,
14 INCLUDING, BUT NOT LIMITED TO, MASTER TRUST INDENTURES.
15 (5) COVENANT AGAINST PLEDGING OR GRANTING A LIEN ON OR
16 SECURITY INTEREST IN ALL OR ANY PART OF ITS REVENUES OR ALL
17 OR ANY PART OF ITS REAL OR PERSONAL PROPERTY TO WHICH ITS
18 RIGHT OR TITLE EXISTS OR MAY THEREAFTER COME INTO EXISTENCE,
19 OR AGAINST PERMITTING OR SUFFERING ANY LIEN ON THE REVENUES
20 OR PROPERTY, COVENANT WITH RESPECT TO LIMITATIONS ON ITS
21 RIGHT TO SELL, LEASE OR OTHERWISE DISPOSE OF ANY OF ITS REAL
22 PROPERTY AND COVENANT AS TO WHICH OTHER OR ADDITIONAL DEBTS
23 OR OBLIGATIONS MAY BE INCURRED BY IT.
24 (6) COVENANT AS TO THE BONDS TO BE ISSUED AND AS TO THE
25 ISSUANCE OF SUCH BONDS, IN ESCROW OR OTHERWISE, AND AS TO THE
26 USE AND DISPOSITION OF THE PROCEEDS THEREOF, PROVIDE FOR THE
27 REPLACEMENT OF LOST, DESTROYED OR MUTILATED BONDS, COVENANT
28 AGAINST EXTENDING THE TIME FOR THE PAYMENT OF ITS BONDS OR
29 INTEREST THEREON AND COVENANT FOR THE REDEMPTION OF BONDS AND
30 PROVIDE THE TERMS AND CONDITIONS THEREOF.
19930H0878B1975 - 73 -
1 (7) COVENANT AS TO THE AMOUNT OF REVENUES TO BE RAISED
2 IN EACH FISCAL YEAR OR OTHER PERIOD OF TIME BY THE AUTHORITY,
3 AS WELL AS TO THE USE AND DISPOSITION TO BE MADE THEREOF,
4 CREATE OR AUTHORIZE THE CREATION OF SPECIAL FUNDS FOR DEBT
5 SERVICE OR OTHER PURPOSES AND COVENANT AS TO THE USE AND
6 DISPOSITION OF THE MONEYS HELD IN SUCH FUNDS.
7 (8) PRESCRIBE THE PROCEDURE, IF ANY, BY WHICH THE TERMS
8 OF ANY CONTRACT WITH OBLIGEES OF THE AUTHORITY MAY BE
9 SUPPLEMENTED, AMENDED OR ABROGATED, PRESCRIBE WHICH
10 SUPPLEMENTS OR AMENDMENTS WILL REQUIRE THE CONSENT OF
11 OBLIGEES OF THE AUTHORITY AND THE AMOUNT OF BONDS TO BE HELD
12 BY OBLIGEES TO EFFECT SUCH CONSENT AND PRESCRIBE THE MANNER
13 IN WHICH SUCH CONSENT MAY BE GIVEN.
14 (9) COVENANT AS TO THE USE OF ANY OR ALL OF ITS REAL OR
15 PERSONAL PROPERTY, WARRANT ITS TITLE AND COVENANT AS TO THE
16 MAINTENANCE OF ITS REAL AND PERSONAL PROPERTY, THE
17 REPLACEMENT THEREOF, THE INSURANCE TO BE CARRIED THEREON AND
18 THE USE AND DISPOSITION OF INSURANCE PROCEEDS.
19 (10) COVENANT AS TO THE RIGHTS, LIABILITIES, POWERS AND
20 DUTIES ARISING UPON THE BREACH BY IT OF ANY COVENANT,
21 CONDITION OR OBLIGATION, PROVIDED THAT THE AUTHORITY SHALL
22 NOT BE PERMITTED TO COVENANT THAT UPON SUCH BREACH ANY OR ALL
23 OF ITS BONDS OR OBLIGATIONS THE PAYMENT OF WHICH IS SECURED
24 SOLELY BY A PLEDGE OF OR SECURITY INTEREST IN THE PROCEEDS OF
25 A TAX AUTHORIZED BY LAW TO BE LEVIED FOR AUTHORITY PURPOSES
26 OR MADE AVAILABLE BY AN AUTHORITY SHALL BECOME OR MAY BE
27 DECLARED DUE BEFORE THE STATED MATURITY THEREOF.
28 (11) VEST IN THE OBLIGEES OF THE AUTHORITY, OR ANY
29 PROPORTION OF THEM, THE RIGHT TO ENFORCE THE PAYMENT OF THE
30 BONDS OR ANY COVENANTS SECURING OR RELATING TO THE BONDS;
19930H0878B1975 - 74 -
1 VEST IN A TRUSTEE THE RIGHT, IN THE EVENT OF DEFAULT BY THE
2 AUTHORITY, TO TAKE POSSESSION AND USE, OPERATE AND MANAGE ANY
3 REAL OR PERSONAL PROPERTY AND TO COLLECT THE RENTS AND
4 REVENUES ARISING THEREFROM AND TO DISPOSE OF SUCH MONEYS IN
5 ACCORDANCE WITH THE AGREEMENT OF THE AUTHORITY WITH SUCH
6 TRUSTEE; PROVIDE FOR THE POWERS AND DUTIES OF A TRUSTEE AND
7 TO LIMIT LIABILITIES THEREOF; AND PROVIDE THE TERMS AND
8 CONDITIONS UPON WHICH THE TRUSTEE OR THE OBLIGEES OF THE
9 AUTHORITY, OR ANY PROPORTION OF THEM, MAY ENFORCE ANY
10 COVENANT OR RIGHTS SECURING OR RELATING TO THE BONDS.
11 (12) NEGOTIATE AND ENTER INTO INTEREST RATE EXCHANGE
12 AGREEMENTS, INTEREST RATE CAP, COLLAR, CORRIDOR, CEILING AND
13 FLOOR AGREEMENTS, FORWARD AGREEMENTS, FLOAT AGREEMENTS AND
14 OTHER SIMILAR ARRANGEMENTS WHICH, IN THE JUDGMENT OF THE
15 AUTHORITY, WILL ASSIST THE AUTHORITY IN MANAGING THE INTEREST
16 COSTS OF THE AUTHORITY.
17 (13) OBTAIN LETTERS OF CREDIT, BOND INSURANCE AND OTHER
18 FACILITIES FOR CREDIT ENHANCEMENT AND LIQUIDITY.
19 (14) EXERCISE ALL OR ANY PART OR COMBINATION OF THE
20 POWERS GRANTED IN THIS SECTION TO MAKE COVENANTS OTHER THAN
21 AND IN ADDITION TO THE COVENANTS EXPRESSLY AUTHORIZED IN THIS
22 SECTION, TO MAKE SUCH COVENANTS AND TO DO ANY AND ALL SUCH
23 ACTS AND THINGS AS MAY BE NECESSARY OR CONVENIENT OR
24 DESIRABLE IN ORDER TO SECURE ITS BONDS, OR, IN THE ABSOLUTE
25 DISCRETION OF THE AUTHORITY, AS WILL TEND TO ACCOMPLISH THE
26 PURPOSES OF THIS CHAPTER, BY MAKING THE BONDS MORE MARKETABLE
27 NOTWITHSTANDING THAT SUCH COVENANTS, ACTS OR THINGS MAY NOT
28 BE SPECIFICALLY ENUMERATED IN THIS SECTION.
29 (15) EXCEPT AS SPECIFICALLY AUTHORIZED BY THIS CHAPTER,
30 THE REAL PROPERTY OF THE AUTHORITY SHALL NOT BE MORTGAGED AND
19930H0878B1975 - 75 -
1 SHALL NOT BE SUBJECT TO ATTACHMENT NOR LEVIED UPON BY
2 EXECUTION OR OTHERWISE. THE REVENUES OF THE AUTHORITY AND
3 THE REAL AND TANGIBLE PERSONAL PROPERTY OF THE AUTHORITY
4 SHALL BE PLEDGED OR OTHERWISE ENCUMBERED ONLY AS EXPRESSLY
5 PROVIDED IN THIS SECTION AND, EXCEPT TO THE EXTENT NECESSARY
6 TO EFFECTUATE SUCH PLEDGE OR ENCUMBRANCE, SHALL NOT BE
7 SUBJECT TO ATTACHMENT NOR LEVIED UPON BY EXECUTION OR
8 OTHERWISE.
9 § 1767. BONDS TO BE LEGAL INVESTMENTS.
10 BONDS ISSUED UNDER THIS CHAPTER ARE HEREBY MADE SECURITIES IN
11 WHICH ALL PUBLIC OFFICERS AND THE INSTRUMENTALITIES AND AGENCIES
12 OF THE COMMONWEALTH AND ITS POLITICAL SUBDIVISIONS, ALL
13 INSURANCE COMPANIES, BANKS, BANK AND TRUST COMPANIES, TRUST
14 COMPANIES, BANKING ASSOCIATIONS, BANKING CORPORATIONS, SAVINGS
15 BANKS, INVESTMENT COMPANIES, EXECUTORS, TRUSTEES, THE TRUSTEES
16 OF ANY RETIREMENT, PENSION OR ANNUITY FUND OR SYSTEM OF THE
17 COMMONWEALTH AND OTHER FIDUCIARIES MAY PROPERLY AND LEGALLY
18 INVEST FUNDS, INCLUDING CAPITAL, DEPOSITS OR OTHER FUNDS IN
19 THEIR CONTROL OR BELONGING TO THEM. THESE BONDS ARE HEREBY MADE
20 SECURITIES WHICH MAY PROPERLY AND LEGALLY BE DEPOSITED WITH AND
21 RECEIVED BY ANY COMMONWEALTH OR MUNICIPAL OFFICER OR ANY AGENCY
22 OR INSTRUMENTALITY OR POLITICAL SUBDIVISION OF THE COMMONWEALTH
23 FOR ANY PURPOSE FOR WHICH THE DEPOSIT OF BONDS OR OTHER
24 OBLIGATIONS OF THE COMMONWEALTH NOW OR MAY HEREAFTER BE
25 AUTHORIZED BY LAW.
26 § 1768. RIGHTS AND REMEDIES.
27 (A) ADDITIONAL RIGHTS.--AN OBLIGEE OF AN AUTHORITY SHALL
28 HAVE THE RIGHT, IN ADDITION TO ALL OTHER RIGHTS WHICH MAY BE
29 CONFERRED ON THE OBLIGEE, SUBJECT ONLY TO ANY CONTRACTUAL
30 RESTRICTIONS BINDING UPON THE OBLIGEE:
19930H0878B1975 - 76 -
1 (1) BY MANDAMUS, SUIT, ACTION OR PROCEEDING AT LAW OR IN
2 EQUITY, TO COMPEL THE AUTHORITY AND THE MEMBERS, OFFICERS,
3 AGENTS OR EMPLOYEES THEREOF TO PERFORM EACH AND EVERY TERM,
4 PROVISION AND COVENANT CONTAINED IN ANY BOND OR CONTRACT OF
5 THE AUTHORITY WITH OR FOR THE BENEFIT OF THE OBLIGEE AND TO
6 REQUIRE THE CARRYING OUT OF ANY OR ALL COVENANTS AND
7 AGREEMENTS OF THE AUTHORITY AND THE FULFILLMENT OF ALL DUTIES
8 IMPOSED UPON THE AUTHORITY BY THIS CHAPTER.
9 (2) BY PROCEEDING IN EQUITY, TO OBTAIN AN INJUNCTION
10 AGAINST ANY ACTS OR THINGS WHICH MAY BE UNLAWFUL OR THE
11 VIOLATION OF ANY OF THE RIGHTS OF THE OBLIGEE OF THE
12 AUTHORITY.
13 (3) TO REQUIRE THE AUTHORITY TO ACCOUNT AS IF IT WERE
14 THE TRUSTEE OF AN EXPRESS TRUST FOR THE OBLIGEES OF THE
15 AUTHORITY FOR ANY PLEDGED REVENUES RECEIVED.
16 (4) TO ENFORCE A PLEDGE OF OR SECURITY INTEREST IN
17 REVENUES OF THE AUTHORITY SECURING PAYMENT OF THE BONDS
18 AGAINST ALL COMMONWEALTH AND LOCAL PUBLIC OFFICIALS IN
19 POSSESSION OF ANY REVENUES AT ANY TIME, WHICH REVENUES MAY BE
20 COLLECTED DIRECTLY FROM SUCH OFFICIALS UPON NOTICE BY THE
21 OBLIGEE OF THE AUTHORITY OR A TRUSTEE FOR APPLICATION TO THE
22 PAYMENT OF THE BONDS AS AND WHEN DUE FOR DEPOSITS IN ANY
23 SINKING, BOND OR DEBT SERVICE FUND ESTABLISHED WITH THE
24 TRUSTEE AT THE TIMES AND IN THE AMOUNTS SPECIFIED IN THE
25 BONDS OR THE RESOLUTION OR INDENTURE OR TRUST AGREEMENT
26 SECURING THE BONDS. ANY COMMONWEALTH OR LOCAL PUBLIC OFFICIAL
27 IN POSSESSION OF ANY REVENUES SHALL MAKE PAYMENT AGAINST
28 RECEIPT AND SHALL THEREBY BE DISCHARGED FROM ANY FURTHER
29 LIABILITY OR RESPONSIBILITY FOR THE REVENUES. IF THE PAYMENT
30 SHALL BE TO AN OBLIGEE OF THE AUTHORITY, IT SHALL BE MADE
19930H0878B1975 - 77 -
1 AGAINST SURRENDER OF THE BONDS TO THE PAYOR FOR DELIVERY TO
2 THE AUTHORITY IN THE CASE OF PAYMENT IN FULL; OTHERWISE, IT
3 SHALL BE MADE AGAINST PRODUCTION OF THE BONDS FOR NOTATION
4 THEREON OF THE AMOUNT OF THE PAYMENT. THE PROVISIONS OF THIS
5 SECTION WITH RESPECT TO THE ENFORCEABILITY AND COLLECTION OF
6 REVENUES WHICH SECURE BONDS OF THE AUTHORITY SHALL SUPERSEDE
7 ANY CONTRARY OR INCONSISTENT STATUTORY PROVISION OR RULE OF
8 LAW.
9 (B) APPLICATION OF SECTION.--THIS SECTION SHALL BE CONSTRUED
10 AND APPLIED TO FULFILL THE LEGISLATIVE PURPOSE OF CLARIFYING AND
11 FACILITATING THE FINANCING OF THE AUTHORITY OF THE COSTS OF ITS
12 TRANSPORTATION SYSTEM BY ASSURING TO THE OBLIGEES OF THE
13 AUTHORITY THE FULL AND IMMEDIATE BENEFIT OF THE SECURITY
14 THEREFOR WITHOUT DELAY, DIMINUTION OR INTERFERENCE BASED ON ANY
15 STATUTE, DECISION, ORDINANCE OR ADMINISTRATIVE RULE OR PRACTICE.
16 § 1769. ADDITIONAL REMEDIES CONFERRABLE BY AN AUTHORITY.
17 AN AUTHORITY SHALL HAVE POWER, BY ITS RESOLUTION, TRUST
18 INDENTURE OR LOAN OR LEASE AGREEMENT, TO CONFER UPON ANY
19 OBLIGEES HOLDING OR REPRESENTING A SPECIFIED PERCENTAGE OF
20 BONDS, OR UPON ANY BOND INSURER OR PROVIDER OF A LETTER OF
21 CREDIT OR OTHER CREDIT OR LIQUIDITY FACILITY, THE RIGHT, IN
22 ADDITION TO ALL RIGHTS THAT MAY OTHERWISE BE CONFERRED, UPON THE
23 HAPPENING OF AN EVENT OF DEFAULT OR SUCH PARTICULAR EVENTS OF
24 DEFAULT AS MAY BE SPECIFIED IN SUCH RESOLUTION OR INSTRUMENT, BY
25 SUIT, ACTION OR PROCEEDING IN ANY COURT OF COMPETENT
26 JURISDICTION TO OBTAIN THE APPOINTMENT OF A RECEIVER OF ANY REAL
27 PROPERTY OR PERSONAL PROPERTY OR LEASEHOLD INTEREST OF THE
28 AUTHORITY AND OF THE RENTS AND PROFITS THEREFROM. IF A RECEIVER
29 IS APPOINTED, THE RECEIVER MAY ENTER AND TAKE POSSESSION OF SUCH
30 REAL PROPERTY OR ANY LEASEHOLD INTEREST, OPERATE THE SAME AND
19930H0878B1975 - 78 -
1 COLLECT AND RECEIVE ALL REVENUES OR OTHER INCOME THEREAFTER
2 ARISING THEREFROM AND SHALL KEEP SUCH MONEYS IN A SEPARATE
3 ACCOUNT AND APPLY THE SAME IN ACCORDANCE WITH THE OBLIGATIONS OF
4 THE AUTHORITY AS THE COURT SHALL DIRECT. NOTHING IN THIS SECTION
5 OR ANY OTHER SECTION OF THIS CHAPTER SHALL AUTHORIZE ANY
6 RECEIVER APPOINTED UNDER THIS CHAPTER FOR THE PURPOSE OF
7 OPERATING AND MAINTAINING ANY FACILITIES OF THE AUTHORITY TO
8 SELL, ASSIGN, MORTGAGE OR OTHERWISE DISPOSE OF ANY OF THE
9 ASSETS, OF WHATEVER KIND OR CHARACTER, BELONGING TO THE
10 AUTHORITY, EXCEPT FOR THE SALE OR OTHER DISPOSITION OF MOVEABLE
11 EQUIPMENT OR OTHER TANGIBLE PERSONAL PROPERTY IN THE ORDINARY
12 COURSE OF BUSINESS OR THE SALE OR DISPOSITION OF REAL OR
13 PERSONAL PROPERTY TO THE EXTENT IT IS PLEDGED TO SECURE THE
14 AUTHORITY'S BONDS. IT IS THE INTENTION OF THIS CHAPTER TO LIMIT
15 THE POWERS OF THE RECEIVER TO THE OPERATION AND MAINTENANCE OF
16 THE FACILITIES OF THE AUTHORITY AS THE COURT SHALL DIRECT, AND
17 NO OBLIGEE OF THE AUTHORITY SHALL EVER HAVE THE RIGHT IN ANY
18 SUIT, ACTION OR PROCEEDING, AT LAW OR IN EQUITY, TO COMPEL A
19 RECEIVER, NOR SHALL ANY RECEIVER EVER BE AUTHORIZED OR ANY COURT
20 BE EMPOWERED TO DIRECT THE RECEIVER, TO SELL, ASSIGN, MORTGAGE
21 OR OTHERWISE DISPOSE OF ANY ASSETS, OF WHATEVER KIND OR
22 CHARACTER, BELONGING TO THE AUTHORITY, EXCEPT FOR THE
23 EXPENDITURE OF FUNDS AND THE SALE OR OTHER DISPOSITION OF
24 MOVEABLE EQUIPMENT OR OTHER TANGIBLE PERSONAL PROPERTY IN THE
25 ORDINARY COURSE OF BUSINESS OR THE SALE OR DISPOSITION OF REAL
26 OR PERSONAL PROPERTY TO THE EXTENT IT IS PLEDGED TO SECURE THE
27 AUTHORITY'S BONDS.
28 § 1770. VALIDITY OF PLEDGE.
29 ANY PLEDGE OF OR GRANT OF A LIEN ON OR SECURITY INTEREST IN
30 REVENUES OF AN AUTHORITY OR REAL OR PERSONAL PROPERTY OF AN
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1 AUTHORITY MADE BY AN AUTHORITY SHALL BE VALID AND BINDING FROM
2 THE TIME WHEN THE PLEDGE IS MADE, THE REVENUES OR OTHER PROPERTY
3 SO PLEDGED AND THEREAFTER RECEIVED BY THE AUTHORITY MAKING SUCH
4 PLEDGE SHALL IMMEDIATELY BE SUBJECT TO THE LIEN OF ANY SUCH
5 PLEDGE, LIEN OR SECURITY INTEREST WITHOUT ANY PHYSICAL DELIVERY
6 THEREOF OR FURTHER ACT, AND THE LIEN OF ANY SUCH PLEDGE OR
7 SECURITY INTEREST SHALL BE VALID AND BINDING AS AGAINST ALL
8 PARTIES HAVING CLAIMS OF ANY KIND IN TORT, CONTRACT OR OTHERWISE
9 AGAINST THE AUTHORITY IRRESPECTIVE OF WHETHER THE PARTIES HAVE
10 NOTICE THEREOF. NEITHER THE RESOLUTION NOR ANY OTHER INSTRUMENT
11 OF THE AUTHORITY BY WHICH A PLEDGE, LIEN OR SECURITY INTEREST IS
12 CREATED NEED BE RECORDED OR FILED TO PERFECT SUCH PLEDGE OR
13 SECURITY INTEREST.
14 § 1771. SECURITY INTEREST IN FUNDS AND ACCOUNTS.
15 ANY MONEYS DEPOSITED IN ANY FUND CREATED BY THE AUTHORITY
16 PLEDGED TO BE USED TO PAY DEBT SERVICE ON BONDS OF THE
17 AUTHORITY, INCLUDING ANY SINKING FUND OR DEBT SERVICE RESERVE
18 FUND, AND ALL INVESTMENTS AND PROCEEDS OF INVESTMENTS THEREOF,
19 SHALL, WITHOUT FURTHER ACTION OR FILING, BE SUBJECTED TO A
20 PERFECTED SECURITY INTEREST FOR THE OBLIGEES OF THE AUTHORITY
21 WITH RESPECT TO THE BONDS UNTIL SUCH MONEYS OR INVESTMENTS SHALL
22 BE PROPERLY DISBURSED IN ACCORDANCE WITH THIS CHAPTER AND
23 SUBJECT TO THE TERMS OF ANY TRUST INDENTURE OR OTHER CONTRACT
24 BETWEEN THE AUTHORITY AND THE OBLIGEES OF THE AUTHORITY WITH
25 RESPECT TO THE BONDS.
26 § 1772. PAYMENT OF PROCEEDS OF TAX LEVIED FOR AUTHORITY
27 PURPOSES.
28 THE PROCEEDS OF ANY TAX LEVIED FOR AUTHORITY PURPOSES OR MADE
29 AVAILABLE FOR USE BY THE AUTHORITY AND COLLECTED BY THE
30 DEPARTMENT OF REVENUE, WHICH TAX PROCEEDS SHALL HAVE BEEN
19930H0878B1975 - 80 -
1 PLEDGED BY AN AUTHORITY TO SECURE ITS BONDS, SHALL BE
2 TRANSFERRED BY THE STATE TREASURER TO OR UPON THE ORDER OF THE
3 AUTHORITY AT THE TIMES PROVIDED BY LAW, SUBJECT TO ANY
4 LIMITATIONS SET FORTH IN THE RESOLUTION OF THE AUTHORITY
5 AUTHORIZING THE BONDS.
6 § 1773. LIMITATION ON AUTHORITY UNDER FEDERAL BANKRUPTCY CODE.
7 SO LONG AS AN AUTHORITY SHALL HAVE OUTSTANDING ANY BONDS
8 ISSUED UNDER THIS CHAPTER, THE AUTHORITY SHALL NOT BE AUTHORIZED
9 TO FILE A PETITION FOR RELIEF UNDER 11 U.S.C. CHAPTER 9
10 (RELATING TO ADJUSTMENT OF DEBTS OF A MUNICIPALITY), AND NO
11 PUBLIC OFFICER OR AGENCY OR INSTRUMENTALITY OF THE COMMONWEALTH
12 SHALL AUTHORIZE THE AUTHORITY TO BECOME A DEBTOR UNDER 11 U.S.C.
13 CHAPTER 9 SO LONG AS ANY BONDS ISSUED UNDER THIS CHAPTER ARE
14 OUTSTANDING.
15 SUBCHAPTER E
16 MISCELLANEOUS PROVISIONS
17 SEC.
18 1781. EXEMPTION FROM TAXATION.
19 1782. RIGHTS AND REMEDIES PRESERVED.
20 1783. OFFICERS AND EMPLOYEES CONTINUED.
21 1784. CONTINUANCE OF BONDS.
22 1785. REPEAL.
23 § 1781. EXEMPTION FROM TAXATION.
24 THE EFFECTUATION OF THE AUTHORIZED PURPOSES OF AN AUTHORITY
25 CREATED OR CONTINUED UNDER THIS CHAPTER SHALL AND WILL BE IN ALL
26 RESPECTS FOR THE BENEFIT OF THE PEOPLE OF THIS COMMONWEALTH, FOR
27 THE INCREASE OF THEIR COMMERCE AND PROSPERITY AND FOR THE
28 IMPROVEMENTS OF THEIR HEALTH AND LIVING CONDITIONS, AND, SINCE
29 AN AUTHORITY WILL, AS A PUBLIC INSTRUMENTALITY OF THE
30 COMMONWEALTH, BE PERFORMING ESSENTIAL GOVERNMENTAL FUNCTIONS IN
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1 EFFECTUATING SUCH PURPOSES, SUCH AN AUTHORITY SHALL NOT BE
2 REQUIRED TO PAY ANY TAXES OR ASSESSMENTS OF ANY KIND OR NATURE
3 WHATSOEVER, NOW IN EXISTENCE OR TO BE ENACTED IN THE FUTURE,
4 WHETHER IMPOSED BY THE COMMONWEALTH OR BY ANY GOVERNMENT AGENCY
5 UPON ANY PROPERTY OR THE INCOME THEREFROM ACQUIRED OR USED OR
6 PERMITTED TO BE USED BY AN AUTHORITY FOR SUCH PURPOSES, AND THE
7 BONDS ISSUED BY ANY AUTHORITY, THEIR TRANSFER AND THE INCOME
8 THEREFROM, INCLUDING ANY PROFITS MADE ON THE SALE THEREOF, SHALL
9 AT ALL TIMES BE FREE FROM STATE AND LOCAL TAXATION WITHIN THIS
10 COMMONWEALTH. THIS EXEMPTION SHALL NOT EXTEND TO GIFT, ESTATE,
11 SUCCESSION OR INHERITANCE TAXES OR ANY OTHER TAXES NOT LEVIED
12 DIRECTLY ON THE BONDS, THE TRANSFER THEREOF, THE INCOME
13 THEREFROM OR THE REALIZATION OF PROFITS ON THE SALE THEREOF.
14 § 1782. RIGHTS AND REMEDIES PRESERVED.
15 THE PROVISIONS OF THIS CHAPTER SHALL NOT IN ANY WAY IMPAIR OR
16 IN ANY MANNER AFFECT THE RIGHTS AND REMEDIES OF OBLIGEES OF A
17 CONTINUED AUTHORITY, AND, NOTWITHSTANDING ANY OTHER PROVISION OF
18 THIS CHAPTER, ALL SUCH RIGHTS AND REMEDIES SHALL BE PRESERVED BY
19 THIS CHAPTER AND SHALL BE AND SHALL REMAIN VALID, BINDING AND
20 ENFORCEABLE IN ALL RESPECTS. AS USED IN THIS SECTION, "OBLIGEES
21 OF A CONTINUED AUTHORITY" SHALL MEAN THE HOLDERS OF ANY NOTES,
22 BONDS, REFUNDING NOTES AND BONDS, INTERIM CERTIFICATES,
23 DEBENTURES AND OTHER EVIDENCES OF INDEBTEDNESS, OBLIGEES OF
24 CONTRACTS OR OTHER OBLIGATIONS OF AN AUTHORITY ESTABLISHED UNDER
25 THE FORMER PROVISIONS OF ARTICLE III OF THE ACT OF JANUARY 22,
26 1968 (P.L.42, NO.8), KNOWN AS THE PENNSYLVANIA URBAN MASS
27 TRANSPORTATION LAW, OR THE FORMER PROVISIONS OF CHAPTER 15
28 (RELATING TO METROPOLITAN TRANSPORTATION AUTHORITIES) AND
29 CONTINUED UNDER SECTION 1711 (RELATING TO CREATION OF
30 METROPOLITAN TRANSPORTATION AUTHORITIES).
19930H0878B1975 - 82 -
1 § 1783. OFFICERS AND EMPLOYEES CONTINUED.
2 WITH RESPECT TO THE OFFICERS AND EMPLOYEES OF ANY AUTHORITY
3 ESTABLISHED UNDER THE FORMER PROVISIONS OF ARTICLE III OF THE
4 ACT OF JANUARY 22, 1968 (P.L.42, NO.8), KNOWN AS THE
5 PENNSYLVANIA URBAN MASS TRANSPORTATION LAW OR THE FORMER
6 PROVISIONS OF CHAPTER 15 (RELATING TO METROPOLITAN
7 TRANSPORTATION AUTHORITIES) ALL SUCH OFFICERS SHALL CONTINUE IN
8 OFFICE UNTIL THE EXPIRATION OF THEIR RESPECTIVE TERMS OF OFFICE,
9 AND ALL EMPLOYEES SHALL CONTINUE IN EMPLOYMENT UNDER THE TERMS
10 AND CONDITIONS OF THEIR RESPECTIVE CONTRACTS OR AGREEMENTS OF
11 EMPLOYMENT; AND ALL OFFICERS AND EMPLOYEES SHALL EXERCISE THE
12 POWERS, FUNCTIONS AND DUTIES OF THEIR RESPECTIVE OFFICES OR
13 EMPLOYMENT UNDER THIS CHAPTER.
14 § 1784. CONTINUANCE OF BONDS.
15 BONDS, CONTRACTS AND OBLIGATIONS OF AN AUTHORITY CONTINUED
16 UNDER THIS CHAPTER WHICH CONTRACTS AND OBLIGATIONS ARE IN EFFECT
17 OR OUTSTANDING ON THE EFFECTIVE DATE OF THIS ACT SHALL CONTINUE
18 IN FULL FORCE AND EFFECT.
19 § 1785. REPEAL.
20 ALL ACTS AND PARTS OF ACTS ARE REPEALED INSOFAR AS THEY ARE
21 INCONSISTENT WITH THIS ACT.
22 SECTION 4. SECTIONS 1532 AND 1550 OF TITLE 75 ARE AMENDED BY
23 ADDING SUBSECTIONS TO READ:
24 § 1532. Revocation or suspension of operating privilege.
25 * * *
26 (c) Suspension.--The department shall suspend the operating
27 privilege of any person upon receiving a certified record of the
28 person's conviction of any offense involving the possession,
29 sale, delivery, offering for sale, holding for sale or giving
30 away of any controlled substance under the laws of the United
19930H0878B1975 - 83 -
1 States, this Commonwealth or any other state.
2 (1) The period of suspension shall be as follows:
3 (i) For a first offense, a period of six months from
4 the date of the suspension.
5 (ii) For a second offense, a period of one year from
6 the date of the suspension.
7 (iii) For a third and any subsequent offense
8 thereafter, a period of two years from the date of the
9 suspension.
10 (2) For the purposes of this subsection, the term
11 "conviction" shall include any conviction or adjudication of
12 delinquency for any of the offenses listed in paragraph (1),
13 whether in this Commonwealth or any other Federal or state
14 court.
15 § 1550. Judicial review.
16 * * *
17 (d) Out-of-State documentation.--In any proceeding under
18 this section, documents received by the department from the
19 courts or administrative bodies of other states or the Federal
20 Government shall be admissible into evidence to support the
21 department's case. In addition, the department may treat the
22 received documents as documents of the department and use any of
23 the methods of storage permitted under the provisions of 42
24 Pa.C.S. § 6109 (relating to photographic copies of business and
25 public records), and may reproduce such documents in accordance
26 with the provisions of 42 Pa.C.S. § 6103 (relating to proof of
27 official records). In addition, if the department receives
28 information from courts or administrative bodies of other states
29 or the Federal Government by means of electronic transmission,
30 it may certify that it has received the information by means of
19930H0878B1975 - 84 -
1 electronic transmission and that certification shall be prima
2 facie proof of the adjudication and facts contained in such an
3 electronic transmission.
4 Section 2 5. Section 6323(1) of Title 75 is amended to read: <--
5 § 6323. Reports by courts.
6 Subject to any inconsistent procedures and standards relating
7 to reports and transmission of funds prescribed pursuant to
8 Title 42 (relating to judiciary and judicial procedure):
9 (1) The clerk of any court of this Commonwealth, within
10 ten days after final judgment of conviction or acquittal or
11 other disposition of charges under any of the provisions of
12 this title or under section 13 of the act of April 14, 1972
13 (P.L.233, No.64), known as The Controlled Substance, Drug,
14 Device and Cosmetic Act, including an adjudication of
15 delinquency or the granting of a consent decree, shall send
16 to the department a record of the judgment of conviction,
17 acquittal or other disposition.
18 * * *
19 Section 3 6. Section 13(m) of the act of April 14, 1972 <--
20 (P.L.233, No.64), known as The Controlled Substance, Drug,
21 Device and Cosmetic Act, is repealed.
22 Section 4 7. The provisions of 75 Pa.C.S. §§ 1532(c) and <--
23 1550(d) and the repeal of the provisions of section 13(m) of the
24 act of April 14, 1972 (P.L.233, No.64), known as The Controlled
25 Substance, Drug, Device and Cosmetic Act, by the act shall not
26 affect any act done, liability incurred or right accrued or
27 vested, or affect any suit or prosecution pending or be
28 instituted to enforce any right or penalty, or to punish any
29 offense, under the authority of any statute repealed by this
30 act.
19930H0878B1975 - 85 -
1 Section 5. This act shall take effect in 60 days. <--
2 SECTION 8. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <--
3 (1) THE AMENDMENTS OF TITLE 74 SHALL TAKE EFFECT
4 IMMEDIATELY.
5 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
6 DAYS.
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