PRINTER'S NO. 569
No. 541 Session of 1995
INTRODUCED BY CAPPABIANCA, SCRIMENTI, MERRY, DALEY, PESCI,
CALTAGIRONE, LAUGHLIN, TRELLO, STABACK AND PRESTON,
FEBRUARY 1, 1995
REFERRED TO COMMITTEE ON URBAN AFFAIRS, FEBRUARY 1, 1995
AN ACT
1 Amending the act of December 6, 1972 (P.L.1392, No.298),
2 entitled "An act authorizing the creation of port authorities
3 in cities of the third class as bodies corporate and politic,
4 with power to plan, acquire, construct, maintain and operate
5 facilities and projects for the improvement, development and
6 operation of the port," further providing for powers of port
7 authorities.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 3 of the act of December 6, 1972
11 (P.L.1392, No.298), known as the Third Class City Port Authority
12 Act, is amended to read:
13 Section 3. (a) There are hereby authorized to be created
14 bodies corporate and politic in cities of the third class, to be
15 known as The Port Authority of (insert name of city), or other
16 name as the authority shall adopt in accordance with the act of
17 May 24, 1945 (P.L.967), relating to fictitious names. The
18 authority shall exercise the public powers of the Commonwealth
19 as an agency thereof. Each authority shall be for the purpose of
20 planning, acquiring, holding, constructing, improving,
1 maintaining and operating, owning, leasing, either as lessor or
2 lessee, port facilities and equipment.
3 (b) Each authority is hereby granted and shall have and may
4 exercise all powers necessary or convenient for the carrying out
5 of the aforesaid purposes, including but without limiting the
6 generality of the foregoing, the following rights or powers:
7 (1) To have perpetual existence.
8 (2) To sue and be sued, implead and be impleaded, complain
9 and defend in all courts, to petition the Interstate Commerce
10 Commission (or like body) or join in any proceeding before any
11 such bodies or courts in any matter affecting the operation of
12 any project of the authority.
13 (3) To adopt and use and alter at will a corporate seal.
14 (4) To establish a principal office and such other office or
15 offices as may be necessary for the carrying on of its duties.
16 (5) To acquire, purchase, hold, lease, as lessee and use any
17 franchise, property, real, personal or mixed, tangible or
18 intangible, or any interest therein, necessary or desirable for
19 carrying out the purposes of the authority, and to sell, lease
20 as lessor, transfer and dispose of any property, or interest
21 therein, at any time, required by it.
22 (6) To acquire by purchase, lease, or otherwise, and to
23 construct, improve, maintain, repair and operate facilities.
24 (7) To make bylaws for the management and regulation of its
25 affairs.
26 (8) To appoint officers, agents, employes and servants, to
27 serve at the pleasure of the board (except as may otherwise be
28 provided in collective bargaining agreements) and to prescribe
29 their duties and fix their compensation.
30 (i) The authority may bind itself by contract to employ an
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1 executive director, a general manager or a combined executive
2 director and general manager and not more than five other senior
3 executive personnel but no such contract shall be for a period
4 of more than five years.
5 (ii) Police officers may be appointed under this
6 subparagraph. They shall have the power and authority of
7 municipal police officers under Subchapter D of Chapter 89 of
8 Title 42 of the Pennsylvania Consolidated Statutes (relating to
9 municipal police jurisdiction), and their primary jurisdiction
10 shall be within the boundaries of the property owned or leased
11 by the authority.
12 (9) To fix, alter, charge and collect fares, rates, rentals
13 and other charges for its facilities by zones or otherwise at
14 reasonable rates to be determined exclusively by it, subject to
15 appeal, as hereinafter provided, for the purpose of providing
16 for the payment of the expenses of the authority, the
17 acquisition, construction, improvement, repair, maintenance and
18 operation of its facilities and properties, the payment of the
19 principal and interest on its obligations, and to comply fully
20 with the terms and provisions of any agreements made with the
21 purchasers or holders of any such obligations. The authority
22 shall determine by itself exclusively, the facilities to be
23 operated by it and the services to be available to the public.
24 Any person questioning the reasonableness of any rate or
25 services fixed by an authority may bring suit against the
26 authority in the court of common pleas of the county wherein the
27 authority is incorporated. The court shall have exclusive
28 jurisdiction to determine the reasonableness of fares, rates and
29 other charges or services fixed, altered, charged or collected
30 by an authority. The court shall make such order as to fares,
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1 rates and other charges or services as to it shall be just and
2 proper. No suit or appeal shall act as a supersedeas. The court
3 shall give priority to all such suits or appeals and no bond
4 shall be required of any party instituting such action or
5 appeal.
6 (10) To borrow money, make and issue negotiable notes,
7 bonds, refunding bonds and other evidences of indebtedness or
8 obligations of the authority, and to secure the payment of such
9 bonds, or any part thereof, by pledge or deed of trust of all or
10 any of its revenues, rentals and receipts, and to make such
11 agreements with the purchasers or holders of such bonds or with
12 others in connection with any such bonds, whether issued or to
13 be issued as the authority shall deem advisable and in general,
14 to provide for the security for said bonds and the rights of the
15 holders thereof.
16 (11) To make contracts of every name and nature, and to
17 execute all instruments necessary or convenient for the carrying
18 on of its business. Without limiting the generality of the
19 foregoing, the authority is authorized to enter into contracts
20 for the purchase, lease, operation or management of facilities
21 subject to the jurisdiction of the Interstate Commerce
22 Commission.
23 (12) Without limitation of the foregoing, to borrow money
24 and accept grants from and to enter into contracts, leases or
25 other transactions with any Federal agency, Commonwealth of
26 Pennsylvania, municipality or corporation.
27 (13) To have the power of eminent domain including the
28 taking of property of a utility not necessary or useful to the
29 primary function of the utility.
30 (14) To pledge, hypothecate, or otherwise encumber, all or
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1 any of the revenues or receipts of the authority as security for
2 all or any of the obligations of the authority.
3 (15) To do all acts and things necessary for the promotion
4 of its business, and the general welfare of the authority to
5 carry out the powers granted to it by this act or any other
6 acts.
7 (16) To enter into contracts with the Commonwealth of
8 Pennsylvania, municipalities or corporations, on such terms as
9 the authority shall deem proper for the use of any facility of
10 the authority, and fixing the amount to be paid therefor.
11 (17) To enter into contracts of group insurance for the
12 benefit of its employes, or to continue in existence any
13 existing insurance or pension or retirement system or any other
14 employe benefit arrangement covering employes of an acquired
15 existing transportation system, or to set up a retirement or
16 pension fund or any other employe benefit arrangement for such
17 employes.
18 (18) An authority shall have no power, at any time or in any
19 manner, to pledge the credit or taxing power of the Commonwealth
20 of Pennsylvania or any political subdivision, nor shall any of
21 its obligations be deemed to be obligations of the Commonwealth
22 of Pennsylvania or of any of its political subdivisions, nor
23 shall the Commonwealth of Pennsylvania or any political
24 subdivision thereof be liable for the payment of principal or
25 interest on such obligations.
26 (19) Private rights and property in the beds of existing
27 public highways vacated in order to facilitate the purposes of
28 the authority shall not be deemed destroyed or ousted by reason
29 of such vacation, but shall be acquired or relocated by the
30 authority in the same manner as other property.
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1 (20) To establish carrier routes and services, including
2 water routes and water services as it deems necessary for the
3 efficient operation of the port; provided, that the authority
4 shall not engage in the transportation of property by motor
5 vehicle outside the port terminal without the approval of, and
6 subject to regulation by, Pennsylvania Public Utility
7 Commission.
8 (21) To self insure or otherwise provide for the insurance
9 of any property or operations of the authority against any risks
10 or hazards.
11 (22) To lease property or contract for service, including
12 managerial and operating service.
13 (23) To enter into agreements with any public utility
14 operating a railroad or any other transportation facility wholly
15 or partially within the port area for the joint or exclusive use
16 of any property of the authority or the public utility or the
17 establishment of routes over the rights of way of the public
18 utility or the authority or the establishment of joint rates.
19 (24) To develop programs designed solely to advertise,
20 promote and stimulate the development and use of its port and to
21 join and to authorize its agents, employes and servants to join
22 national and local trade and professional organizations
23 organized for the purpose of promoting the betterment of port
24 facilities and the improvement of the efficiency of persons
25 connected with or employed by the port.
26 Section 2. This act shall take effect in 60 days.
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