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