SENATE AMENDED
PRIOR PRINTER'S NOS. 957, 1975 PRINTER'S NO. 1976
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 LINCOLN, RULES AND EXECUTIVE NOMINATIONS, IN SENATE, RE-
REPORTED AS AMENDED, MAY 27, 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 FOR THE ALLOCATION OF OIL COMPANY FRANCHISE TAX <--
2 REVENUES TO THE PENNSYLVANIA TURNPIKE COMMISSION; and making
3 a repeal.
4 THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS: <--
5 (A) FINDINGS.--
6 (1) THERE EXISTS IN THE URBAN AND SUBURBAN COMMUNITIES
7 IN METROPOLITAN AREAS, TRAFFIC CONGESTION AND SERIOUS MASS
8 TRANSPORTATION PROBLEMS BECAUSE OF UNDERDEVELOPED MASS
9 TRANSPORTATION FACILITIES RESULTING IN INADEQUATE OR
10 OVERCROWDED HIGH-COST CONDITIONS ON COMMONWEALTH HIGHWAYS AND
11 EXISTING MASS TRANSPORTATION FACILITIES.
12 (2) SUCH CONDITIONS OR A COMBINATION OF SOME OR ALL OF
13 THEM HAVE MADE AND WILL CONTINUE TO RESULT IN MAKING SUCH
14 COMMUNITIES ECONOMIC AND SOCIAL LIABILITIES HARMFUL TO THE
15 SOCIAL AND ECONOMIC WELL-BEING OF THE ENTIRE AREA,
16 DEPRECIATING VALUES THEREIN, REDUCING THE TAX REVENUES,
17 MAKING THE METROPOLITAN AREAS AND THEIR CONSTITUENT
18 COMMUNITIES LESS DESIRABLE AREAS IN WHICH TO LIVE AND WORK
19 AND THEREBY DEPRECIATING FURTHER THE GENERAL COMMUNITY WIDE
20 VALUES.
21 (3) THE FOREGOING CONDITIONS CANNOT BE EFFECTIVELY DEALT
22 WITH BY PRIVATE ENTERPRISE UNDER EXISTING LAW WITHOUT THE
23 ADDITIONAL AIDS GRANTED IN THIS ACT AND ARE BEYOND REMEDY OR
24 CONTROL BY GOVERNMENTAL REGULATORY PROCESSES.
25 (4) THE SOUND PLANNING AND DEVELOPMENT OF METROPOLITAN
26 MASS TRANSPORTATION FACILITIES IN ACCORDANCE WITH SOUND AND
27 APPROVED PLANS FOR THEIR PROMOTION, DEVELOPMENT AND GROWTH
28 WILL PROMOTE THE PUBLIC HEALTH, SAFETY, CONVENIENCE AND
29 WELFARE, AND THE PUBLIC ACQUISITION OF EXISTING MASS
30 TRANSPORTATION FACILITIES IN ACCORDANCE WITH THE SOUND PLANS
31 FOR THEIR REDEVELOPMENT AND PROMOTION WILL PROMOTE THE PUBLIC
19930H0878B1976 - 2 -
1 HEALTH, SAFETY, CONVENIENCE AND WELFARE.
2 (5) THE WELL-BEING AND ECONOMIC HEALTH OF THE COUNTIES
3 AND OTHER COMMUNITIES IN THE METROPOLITAN AREAS REQUIRE
4 INTEGRATED SYSTEMS OF MASS PASSENGER TRANSPORTATION.
5 (6) IT IS DESIRABLE THAT THE PUBLIC TRANSPORTATION
6 SYSTEMS IN THE METROPOLITAN AREAS BE IMPROVED, EXTENDED AND
7 SUPPLEMENTED BY THE CREATION OF AUTHORITIES AS PROVIDED IN
8 THIS ACT.
9 (7) THE ESTABLISHMENT OF METROPOLITAN TRANSPORTATION
10 AUTHORITIES AS AUTHORITIES OF THE COMMONWEALTH AND THE
11 CONTINUANCE OF THE EXISTING METROPOLITAN TRANSPORTATION
12 AUTHORITIES WILL PROMOTE THE PUBLIC SAFETY, CONVENIENCE AND
13 WELFARE.
14 (8) IT IS INTENDED THAT METROPOLITAN TRANSPORTATION
15 AUTHORITIES COOPERATE WITH OR ACQUIRE EXISTING TRANSPORTATION
16 OPERATORS OR FACILITIES SO THAT PRIVATE ENTERPRISE AND
17 GOVERNMENT MAY MUTUALLY PROVIDE ADEQUATE TRANSIT FACILITIES
18 FOR THE CONVENIENCE OF THE PUBLIC.
19 (9) IT IS INTENDED THAT ANY AUTHORITY CREATED OR
20 CONTINUED UNDER THIS ACT WILL COOPERATE WITH ALL
21 MUNICIPALITIES AND OTHER PUBLIC BODIES IN WHOSE TERRITORIES
22 IT OPERATES SO THAT THE TRANSPORTATION SYSTEM MAY BEST SERVE
23 THE INTERESTS OF THE RESIDENTS THEREOF.
24 (10) IT IS INTENDED THAT THE OPERATION OF A
25 TRANSPORTATION SYSTEM WILL ENHANCE THE QUALITY OF THE
26 ENVIRONMENT OF THE METROPOLITAN AREA BY RELIEVING HIGHWAY
27 CONGESTION AND PROVIDING FOR MULTIPASSENGER TRAVELING
28 PATTERNS.
29 (11) IT IS INTENDED THAT RESIDENTS OF THE METROPOLITAN
30 AREA MAY BE PROVIDED WITH ACCESS TO TRANSPORTATION FACILITIES
19930H0878B1976 - 3 -
1 AND THE ABILITY TO TRAVEL WITHIN THE METROPOLITAN AREA
2 REGARDLESS OF DISABILITY OR HANDICAP.
3 (B) DECLARATION.--THEREFORE, IT IS HEREBY DECLARED TO BE THE
4 POLICY OF THE COMMONWEALTH TO PROMOTE THE SAFETY AND WELFARE OF
5 ITS INHABITANTS BY AUTHORIZING THE CREATION OR CONTINUATION OF A
6 BODY CORPORATE AND POLITIC FOR EACH METROPOLITAN AREA, TO BE
7 KNOWN AS THE TRANSPORTATION AUTHORITY OF SUCH AREA, WHICH SHALL
8 EXIST AND OPERATE FOR THE PURPOSES CONTAINED IN THIS CHAPTER AS
9 AN AUTHORITY OF THE COMMONWEALTH. THESE PURPOSES ARE HEREBY
10 DECLARED TO BE PUBLIC USES FOR WHICH PUBLIC MONEY MAY BE SPENT
11 AND PRIVATE PROPERTY MAY BE ACQUIRED BY THE EXERCISE OF THE
12 POWER OF EMINENT DOMAIN.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Sections 1532 and 1550 of Title 75 of the <--
16 Pennsylvania Consolidated Statutes are amended by adding
17 subsections to read:
18 SECTION 1. SECTION 1311 OF TITLE 74 OF THE PENNSYLVANIA <--
19 CONSOLIDATED STATUTES IS AMENDED BY ADDING A SUBSECTION TO READ:
20 § 1311. USE OF FUNDS DISTRIBUTED.
21 * * *
22 (J) LIMIT ON CERTAIN AMOUNTS EXPENDED.--NOTWITHSTANDING ANY
23 LAW TO THE CONTRARY, LOCAL TRANSPORTATION ORGANIZATIONS AND
24 TRANSPORTATION COMPANIES ARE AUTHORIZED TO EXPEND MONEYS
25 DISTRIBUTED PURSUANT TO SECTION 1310 FOR ASSET MAINTENANCE COSTS
26 IN AN AMOUNT NOT TO EXCEED THE GREATER OF:
27 (1) THE MAXIMUM AMOUNT OF ASSET MAINTENANCE EXPENDITURES
28 WHICH COULD HAVE BEEN APPROVED BY THE DEPARTMENT FOR
29 EXPENDITURE BY THAT LOCAL TRANSPORTATION ORGANIZATION OR
30 TRANSPORTATION COMPANY FOR THE 1991-1992 FISCAL YEAR PURSUANT
19930H0878B1976 - 4 -
1 TO SECTION 17(A) OF THE ACT OF AUGUST 5, 1991 (P.L.238,
2 NO.26), ENTITLED "AN ACT AMENDING TITLES 74 (TRANSPORTATION)
3 AND 75 (VEHICLES) OF THE PENNSYLVANIA CONSOLIDATED STATUTES,
4 CODIFYING PROVISIONS RELATING TO PUBLIC TRANSPORTATION;
5 IMPOSING CERTAIN FEES AND TAXES; FURTHER PROVIDING FOR
6 CERTAIN PENNSYLVANIA TURNPIKE PROJECTS; DEFINING 'FARM
7 EQUIPMENT'; FURTHER PROVIDING FOR THE RESPONSIBILITIES OF
8 VEHICLE TRANSFEREES, FOR EXEMPTIONS FROM REGISTRATION AND
9 CERTIFICATES OF TITLE AND FOR THE USE OF DEALER PLATES,
10 MULTIPURPOSE DEALER PLATES AND FARM EQUIPMENT PLATES; FURTHER
11 PROVIDING FOR FUNERAL PROCESSIONS; FURTHER PROVIDING FOR A
12 RESTRICTED RECEIPTS FUND AND FOR REGISTRATION FOR SNOWMOBILES
13 AND ATV'S; ESTABLISHING THE SNOWMOBILE TRAIL ADVISORY
14 COMMITTEE; FURTHER PROVIDING FOR THE HIGHWAY MAINTENANCE AND
15 CONSTRUCTION TAX; AND MAKING REPEALS," BASED UPON A
16 PROJECTION OF $200,000,000 IN TOTAL DEDICATED CAPITAL
17 ASSISTANCE FUNDS; OR
18 (2) THE AMOUNT PERMITTED TO BE EXPENDED FOR SUCH
19 PURPOSES UNDER SUBSECTION (E).
20 SECTION 2. SECTIONS 1312(C) AND 1313(B) OF TITLE 74 ARE <--
21 AMENDED TO READ:
22 § 1312. COMMUNITY TRANSPORTATION PROGRAMS.
23 * * *
24 (C) [NEXT FISCAL YEAR] AVAILABILITY OF FUNDS.--FUNDS NOT
25 EXPENDED UNDER THIS SECTION IN THE FISCAL YEAR IN WHICH THEY
26 WERE MADE AVAILABLE SHALL NOT LAPSE AND SHALL BE AVAILABLE FOR
27 USE PURSUANT TO THIS SECTION IN THE NEXT [FISCAL YEAR]
28 SUCCEEDING FISCAL YEARS.
29 § 1313. ADDITIONAL PROGRAMS.
30 * * *
19930H0878B1976 - 5 -
1 (B) [NEXT FISCAL YEAR] AVAILABILITY OF FUNDS.--FUNDS NOT
2 EXPENDED UNDER THIS SECTION IN THE FISCAL YEAR IN WHICH THEY
3 WERE MADE AVAILABLE SHALL NOT LAPSE AND SHALL BE AVAILABLE FOR
4 USE PURSUANT TO THIS SECTION IN THE NEXT [FISCAL YEAR]
5 SUCCEEDING FISCAL YEARS.
6 SECTION 2 3. CHAPTER 15 OF TITLE 74 IS REPEALED. <--
7 SECTION 3 4. TITLE 74 IS AMENDED BY ADDING A CHAPTER TO <--
8 READ:
9 CHAPTER 17
10 METROPOLITAN TRANSPORTATION AUTHORITIES
11 SUBCHAPTER
12 A. GENERAL PROVISIONS
13 B. AUTHORIZATION AND ORGANIZATION OF AUTHORITIES
14 C. POWERS AND DUTIES
15 D. FUNDS AND BONDS OF AUTHORITIES
16 E. MISCELLANEOUS PROVISIONS
17 SUBCHAPTER A
18 GENERAL PROVISIONS
19 SEC.
20 1701. DEFINITIONS.
21 § 1701. DEFINITIONS.
22 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
23 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
24 CONTEXT CLEARLY INDICATES OTHERWISE:
25 "AUTHORITY." ANY BODY CORPORATE AND POLITIC CREATED UNDER
26 THIS CHAPTER OR CREATED UNDER THE FORMER PROVISIONS OF ARTICLE
27 III OF THE ACT OF JANUARY 22, 1968 (P.L.42, NO.8), KNOWN AS THE
28 PENNSYLVANIA URBAN MASS TRANSPORTATION LAW, OR THE FORMER
29 PROVISIONS OF CHAPTER 15 (RELATING TO METROPOLITAN
30 TRANSPORTATION AUTHORITIES) AND CONTINUED UNDER THIS CHAPTER.
19930H0878B1976 - 6 -
1 "BOARD." THE GOVERNING AND POLICYMAKING BODY OF AN
2 AUTHORITY.
3 "BONDS." NOTES, BONDS, BOND ANTICIPATION NOTES, REFUNDING
4 NOTES AND BONDS, INTERIM CERTIFICATES, DEBENTURES AND OTHER
5 EVIDENCES OF INDEBTEDNESS OR OBLIGATIONS WHICH AN AUTHORITY IS
6 AUTHORIZED TO ISSUE UNDER THIS CHAPTER.
7 "CASH FLOW DEFICIT." A CASH DEFICIT OCCURRING SOLELY BECAUSE
8 REVENUES AND EXPENDITURES, EVEN WHEN IN BALANCE ON A FISCAL YEAR
9 BASIS OR WITH RESPECT TO ANY OTHER PERIOD OF COMPUTATION, ARE
10 NOT RECEIVED AND DISBURSED AT EQUIVALENT RATES THROUGHOUT THE
11 FISCAL YEAR OR OTHER PERIOD OF COMPUTATION.
12 "COMPREHENSIVE TRANSPORTATION PLAN." A COMPREHENSIVE
13 STATEMENT, CONSISTING OF MAPS, CHARTS AND TEXTUAL MATTER, OF AN
14 AUTHORITY'S POLICIES, STRATEGIES AND OBJECTIVES FOR THE
15 DEVELOPMENT OF THE TRANSPORTATION SYSTEM CONSISTENT WITH THE
16 LEGISLATIVE FINDINGS AND DECLARED POLICY OF THIS CHAPTER AND THE
17 RIGHTS, POWERS AND DUTIES OF THE AUTHORITY.
18 "DEPARTMENT." THE DEPARTMENT OF TRANSPORTATION OF THE
19 COMMONWEALTH.
20 "FEDERAL AGENCY." THE FEDERAL GOVERNMENT, THE PRESIDENT OF
21 THE UNITED STATES AND ANY DEPARTMENT OR CORPORATION, AGENCY OR
22 INSTRUMENTALITY, HERETOFORE OR HEREAFTER CREATED, DESIGNATED OR
23 ESTABLISHED BY THE FEDERAL GOVERNMENT.
24 "GOVERNMENT AGENCY." THE GOVERNOR, DEPARTMENTS, BOARDS,
25 COMMISSIONS, AUTHORITIES AND OTHER OFFICERS AND AGENCIES OF THIS
26 COMMONWEALTH, INCLUDING, BUT NOT LIMITED TO, THOSE WHICH ARE NOT
27 SUBJECT TO THE POLICY SUPERVISION AND CONTROL OF THE GOVERNOR,
28 ANY POLITICAL SUBDIVISION, MUNICIPALITY, MUNICIPAL OR OTHER
29 LOCAL AUTHORITY AND ANY OFFICER OR AGENCY OF ANY SUCH POLITICAL
30 SUBDIVISION OR LOCAL AUTHORITY. THE TERM DOES NOT INCLUDE ANY
19930H0878B1976 - 7 -
1 COURT OR OTHER OFFICER OR AGENCY OF THE UNIFIED JUDICIAL SYSTEM
2 OR THE GENERAL ASSEMBLY OR ITS OFFICERS AND AGENCIES.
3 "GOVERNMENT OBLIGATIONS."
4 (1) DIRECT OBLIGATIONS OF, OR OBLIGATIONS THE PRINCIPAL
5 OF AND INTEREST ON WHICH ARE UNCONDITIONALLY GUARANTEED BY,
6 THE FEDERAL GOVERNMENT, INCLUDING, BUT NOT LIMITED TO,
7 EVIDENCES OF A DIRECT OWNERSHIP INTEREST IN FUTURE INTEREST
8 OR PRINCIPAL PAYMENTS ON OBLIGATIONS ISSUED OR GUARANTEED BY
9 THE FEDERAL GOVERNMENT, WHICH OBLIGATIONS ARE HELD IN A
10 CUSTODY ACCOUNT BY A CUSTODIAN UNDER THE TERMS OF A CUSTODY
11 AGREEMENT.
12 (2) THE TERM INCLUDES OBLIGATIONS ISSUED BY ANY STATE OF
13 THE UNITED STATES OR ANY POLITICAL SUBDIVISION, PUBLIC
14 INSTRUMENTALITY OR PUBLIC AUTHORITY OF ANY STATE OF THE
15 UNITED STATES, PROVISION FOR THE FULL AND TIMELY PAYMENT OF
16 THE PRINCIPAL OR PREMIUM OF AND INTEREST ON WHICH SHALL HAVE
17 BEEN MADE BY DEPOSIT WITH A TRUSTEE OR ESCROW AGENT, UNDER AN
18 IRREVOCABLE SECURITY AGREEMENT, OF OBLIGATIONS DESCRIBED IN
19 PARAGRAPH (1).
20 "LEGISLATIVE BODY." THE TERM SHALL MEAN, IN COUNTIES OF THE
21 FIRST CLASS, THE CITY COUNCIL, IN THE OTHER COUNTIES, THE BOARD
22 OF COUNTY COMMISSIONERS OR THE COUNTY COUNCIL AND, IN THE OTHER
23 MUNICIPALITIES, THAT BODY AUTHORIZED BY LAW TO ENACT ORDINANCES.
24 "MAJORITY." ANY WHOLE NUMBER CONSTITUTING MORE THAN HALF OF
25 THE TOTAL NUMBER.
26 "MASTER TRUST INDENTURE." A TRUST INDENTURE, TRUST AGREEMENT
27 OR DEED OF TRUST PROVIDING FOR THE INCURRENCE OF INDEBTEDNESS
28 GUARANTEED ON A JOINT AND SEVERAL BASIS BY A GROUP OF OBLIGATED
29 ISSUERS.
30 "MAYOR." THE CHIEF EXECUTIVE OFFICER OF ANY FIRST CLASS CITY
19930H0878B1976 - 8 -
1 IN ANY FIRST CLASS COUNTY.
2 "METROPOLITAN AREA." ALL OF THE TERRITORY WITHIN THE
3 BOUNDARIES OF ANY COUNTY OF THE FIRST CLASS AND ALL OTHER
4 COUNTIES LOCATED IN WHOLE OR IN PART WITHIN 20 MILES OF THE
5 FIRST CLASS COUNTY.
6 "MUNICIPALITY." ANY CITY, COUNTY, BOROUGH, INCORPORATED
7 TOWN, TOWNSHIP OR OTHER POLITICAL SUBDIVISION. THE TERMS
8 "MUNICIPALITY" AND "POLITICAL SUBDIVISION" SHALL HAVE THE SAME
9 MEANING WHEN USED IN THIS CHAPTER.
10 "OBLIGEE OF AN AUTHORITY." ANY HOLDER OR OWNER OF ANY BOND
11 OF AN AUTHORITY OR ANY TRUSTEE OR OTHER FIDUCIARY FOR ANY SUCH
12 HOLDER OR ANY PROVIDER OF A LETTER OF CREDIT, POLICY OF
13 MUNICIPAL BOND INSURANCE OR OTHER CREDIT ENHANCEMENT OR
14 LIQUIDITY FACILITY FOR BONDS OF AN AUTHORITY.
15 "PERSON." THE TERM SHALL MEAN AND INCLUDE CORPORATIONS,
16 PARTNERSHIPS, ASSOCIATIONS, FEDERAL AGENCIES, THE COMMONWEALTH,
17 GOVERNMENT AGENCIES AND OTHER ENTITIES, AS WELL AS NATURAL
18 PERSONS.
19 "POLITICAL SUBDIVISION." ANY COUNTY, CITY, BOROUGH,
20 INCORPORATED TOWN, TOWNSHIP, SCHOOL DISTRICT, VOCATIONAL SCHOOL
21 DISTRICT AND COUNTY INSTITUTION DISTRICT.
22 "PROJECT." ANY STRUCTURE, FACILITY OR UNDERTAKING WHICH AN
23 AUTHORITY IS AUTHORIZED TO ACQUIRE, CONSTRUCT, IMPROVE, LEASE,
24 MAINTAIN, OPERATE, CONTRACT FOR OR OTHERWISE FUNCTION WITH
25 RESPECT TO, UNDER THE PROVISIONS OF THIS OR ANY OTHER ACT,
26 INCLUDING, BUT NOT LIMITED TO, ALL WORK AND MATERIAL INCIDENTAL
27 THERETO AND ALL COSTS THEREOF, INCLUDING ALL AMOUNTS NECESSARY
28 TO PLACE THE PROJECT INTO OPERATION.
29 "PUBLIC OFFICIAL." AN ELECTED OFFICIAL IN THE EXECUTIVE,
30 LEGISLATIVE OR JUDICIAL BRANCH OF THE COMMONWEALTH OR ANY
19930H0878B1976 - 9 -
1 POLITICAL SUBDIVISION THEREOF, PROVIDED THAT IT SHALL NOT
2 INCLUDE MEMBERS OF ADVISORY BOARDS THAT HAVE NO AUTHORITY TO
3 EXPEND PUBLIC FUNDS OTHER THAN REIMBURSEMENT FOR PERSONAL
4 EXPENSES OR TO OTHERWISE EXERCISE THE POWER OF THE COMMONWEALTH
5 OR ANY POLITICAL SUBDIVISION THEREOF.
6 "QUALIFIED FINANCIAL INSTITUTION." A BANK, BANK AND TRUST
7 COMPANY, TRUST COMPANY, NATIONAL BANKING ASSOCIATION, INSURANCE
8 COMPANY OR OTHER FINANCIAL SERVICES COMPANY WHOSE UNSECURED
9 LONG-TERM DEBT OBLIGATIONS, IN THE CASE OF A BANK, TRUST
10 COMPANY, NATIONAL BANKING ASSOCIATION OR OTHER FINANCIAL
11 SERVICES COMPANY, OR WHOSE CLAIMS PAYING ABILITIES, IN THE CASE
12 OF AN INSURANCE COMPANY, ARE RATED IN ANY OF THE THREE HIGHEST
13 RATING CATEGORIES, WITHOUT REFERENCE TO SUBCATEGORIES, BY A
14 RATING AGENCY. FOR PURPOSES OF THIS DEFINITION, THE TERM
15 "FINANCIAL SERVICES COMPANY" SHALL INCLUDE ANY INVESTMENT
16 BANKING FIRM OR ANY AFFILIATE OR DIVISION THEREOF WHICH MAY BE
17 LEGALLY AUTHORIZED TO ENTER INTO THE TRANSACTIONS DESCRIBED IN
18 THIS CHAPTER PERTAINING, APPLICABLE OR LIMITED TO A QUALIFIED
19 FINANCIAL INSTITUTION.
20 "QUALIFIED MAJORITY." A MAJORITY OF THE GOVERNING BODY OF AN
21 AUTHORITY WHICH INCLUDES FOUR OF THE FIVE MEMBERS APPOINTED
22 UNDER SECTION 1713(A)(1) AND (2) (RELATING TO APPOINTMENT OF
23 BOARD MEMBERS).
24 "RATING AGENCY."
25 (1) THE TERM INCLUDES THE FOLLOWING:
26 (I) STANDARD & POOR'S CORPORATION AND ANY SUCCESSOR
27 THERETO.
28 (II) MOODY'S INVESTORS SERVICE AND ANY SUCCESSOR
29 THERETO.
30 (III) FITCH INVESTORS SERVICE, INC., AND ANY
19930H0878B1976 - 10 -
1 SUCCESSOR THERETO.
2 (2) IF THE RATING AGENCIES CITED IN PARAGRAPH (1) SHALL
3 NO LONGER PERFORM THE FUNCTIONS OF A SECURITIES RATING
4 SERVICE, THE TERM SHALL MEAN ANY OTHER NATIONALLY RECOGNIZED
5 RATING SERVICE OR SERVICES.
6 "REAL ESTATE-RELATED MATTER." A TRANSACTION OR AGREEMENT
7 WHICH INVOLVES ANY FEE, LEASEHOLD OR OTHER ESTATE OR INTEREST
8 IN, OVER OR UNDER REAL PROPERTY IN WHICH THE AUTHORITY HAS AN
9 INTEREST OR WISHES TO ACQUIRE AN INTEREST, INCLUDING, BUT NOT
10 LIMITED TO, STRUCTURES, FIXTURES AND OTHER IMPROVEMENTS AND
11 INTERESTS WHICH BY CUSTOM, USAGE OR LAW PASS WITH THE CONVEYANCE
12 OF REAL PROPERTY THOUGH NOT DESCRIBED IN THE CONTRACT OF SALE OR
13 INSTRUMENT OF CONVEYANCE. THE TERM INCLUDES PARCELS WITH OR
14 WITHOUT UPPER OR LOWER BOUNDARIES AND SPACES THAT MAY BE FILLED
15 WITH AIR OR WATER AND INCLUDES ANY CONTRACT, JOINT VENTURE,
16 MANAGEMENT OR BROKERAGE AGREEMENT WHICH IS RELATED DIRECTLY OR
17 INDIRECTLY THERETO.
18 "SUBSTANTIAL CHANGE." ANY CHANGE IN SYSTEM OPERATIONS
19 DETERMINED TO BE SUBSTANTIAL BY THE BOARD.
20 "TRANSPORTATION SYSTEM." ALL PROPERTY, REAL AND PERSONAL,
21 USEFUL FOR THE TRANSPORTATION OF PASSENGERS FOR HIRE, INCLUDING,
22 BUT NOT LIMITED TO, POWER PLANTS, SUBSTATIONS, TERMINALS,
23 GARAGES, BRIDGES, TUNNELS, SUBWAYS, ELEVATED LINES, MONORAILS,
24 RAILROAD MOTIVE POWER, TRAINS, RAILROAD PASSENGER CARS AND
25 EQUIPMENT, BELT CONVEYORS, INCLINES, CAR BARNS, STREET CARS,
26 BUSES, RAILS, LINES, POLES, WIRES, STATIONS AND OFF-STREET
27 PARKING FACILITIES RIGHTS-OF-WAY, AS WELL AS THE FRANCHISES,
28 RIGHTS AND LICENSES THEREFOR, INCLUDING RIGHTS TO PROVIDE GROUP,
29 PARTY AND PARATRANSIT SERVICES. THE TERM SHALL NOT INCLUDE A
30 TAXICAB.
19930H0878B1976 - 11 -
1 SUBCHAPTER B
2 AUTHORIZATION AND ORGANIZATION OF AUTHORITIES
3 SEC.
4 1711. CREATION OF METROPOLITAN TRANSPORTATION AUTHORITIES.
5 1712. GOVERNING AND POLICYMAKING BODY.
6 1713. APPOINTMENT OF BOARD MEMBERS.
7 1714. RESIGNATION AND VACANCIES.
8 1715. MEETINGS, QUORUM, OFFICERS AND RECORDS.
9 1716. SECRETARY, OATH, BOND.
10 1717. CONTROLLER.
11 1718. SIGNATURES.
12 1719. GENERAL MANAGER.
13 1720. TREASURER.
14 1721. COUNSEL TO THE BOARD.
15 1722. LEGAL DIVISION AND GENERAL COUNSEL.
16 1723. OTHER EMPLOYEES.
17 1724. PERSONNEL MATTERS.
18 1725. PUBLIC HEARINGS.
19 1726. CITIZEN ADVISORY COMMITTEE.
20 1727. INVESTIGATIONS AND SUBPOENAS.
21 1728. CONFLICTS OF INTEREST.
22 § 1711. CREATION OF METROPOLITAN TRANSPORTATION AUTHORITIES.
23 (A) CREATION AND PURPOSE.--THERE IS HEREBY AUTHORIZED THE
24 CREATION OF A SEPARATE BODY CORPORATE AND POLITIC IN EACH
25 METROPOLITAN AREA, TO BE KNOWN AS THE TRANSPORTATION AUTHORITY
26 OF THAT METROPOLITAN AREA, EXTENDING TO AND INCLUDING ALL OF THE
27 TERRITORY IN THE METROPOLITAN AREA. AN AUTHORITY SHALL IN NO WAY
28 BE DEEMED TO BE AN INSTRUMENTALITY OF ANY CITY OR COUNTY OR
29 OTHER MUNICIPALITY OR ENGAGED IN THE PERFORMANCE OF A MUNICIPAL
30 FUNCTION, BUT SHALL EXERCISE THE PUBLIC POWERS OF THE
19930H0878B1976 - 12 -
1 COMMONWEALTH AS AN AGENCY AND INSTRUMENTALITY THEREOF. AN
2 AUTHORITY SHALL EXIST FOR THE PURPOSE OF PLANNING, ACQUIRING,
3 HOLDING, CONSTRUCTING, IMPROVING, MAINTAINING, OPERATING,
4 LEASING, EITHER AS LESSOR OR LESSEE, AND OTHERWISE FUNCTIONING
5 WITH RESPECT TO A TRANSPORTATION SYSTEM IN THE METROPOLITAN AREA
6 AND OUTSIDE OF SUCH AREA, WHETHER WITHIN OR BEYOND THE
7 BOUNDARIES OF THIS COMMONWEALTH, TO THE EXTENT NECESSARY FOR THE
8 OPERATION OF AN INTEGRATED TRANSPORTATION SYSTEM AND FOR THE
9 PROVISION OF ALL GROUP AND PARTY SERVICES WHICH CAN BE PROVIDED
10 BY THE EXISTING TRANSPORTATION SYSTEM OR TRANSPORTATION SYSTEMS
11 SUBJECT TO ACQUISITION UNDER THIS CHAPTER. ALL SERVICES RENDERED
12 BY AN AUTHORITY OUTSIDE THE METROPOLITAN AREA SHALL BE PURSUANT
13 TO CERTIFICATES OF PUBLIC CONVENIENCE OR OTHER APPROPRIATE
14 AUTHORIZATION ISSUED TO IT BY THE PENNSYLVANIA PUBLIC UTILITY
15 COMMISSION OR OTHER APPROPRIATE REGULATORY AGENCY OF THE FEDERAL
16 GOVERNMENT OR ANY STATE. EXCEPT AS PROVIDED IN SUBSECTION (C),
17 AN AUTHORITY SHALL TRANSACT NO BUSINESS OR OTHERWISE BECOME
18 OPERATIVE UNTIL AND UNLESS A MAJORITY OF ITS BOARD SHALL HAVE
19 BEEN QUALIFIED IN ACCORDANCE WITH THIS SUBCHAPTER.
20 (B) CERTIFICATE OF INCORPORATION.--
21 (1) THE CERTIFICATION BY THE APPOINTING POWER OF EACH
22 BOARD MEMBER, AND THE CONSTITUTIONAL OATH OF OFFICE
23 SUBSCRIBED BY EACH MEMBER, SHALL BE FILED WITH THE DEPARTMENT
24 OF STATE, AND, EXCEPT AS PROVIDED IN SUBSECTION (C), UPON THE
25 RECEIPT OF INITIAL CERTIFICATIONS AND RESPECTIVE OATHS OF A
26 MAJORITY OF THE TOTAL NUMBER OF BOARD MEMBERS APPROPRIATE TO
27 ANY METROPOLITAN AREA, THE SECRETARY OF THE COMMONWEALTH
28 SHALL ISSUE A CERTIFICATE OF INCORPORATION. THIS CERTIFICATE
29 SHALL REFER TO THAT AUTHORITY BY THE NAME WHICH SHALL BE
30 DESIGNATED BY THE BOARD MEMBERS.
19930H0878B1976 - 13 -
1 (2) IN ANY SUIT, ACTION OR PROCEEDING INVOLVING OR
2 RELATING TO THE VALIDITY OR ENFORCEMENT OF ANY CONTRACT OR
3 ACT OF AN AUTHORITY, A COPY OF THE CERTIFICATE OF
4 INCORPORATION, DULY CERTIFIED BY THE DEPARTMENT OF STATE,
5 SHALL BE ADMISSIBLE IN EVIDENCE AND SHALL BE CONCLUSIVE PROOF
6 OF THE LEGAL ESTABLISHMENT OF THE AUTHORITY.
7 (C) TRANSITION PROVISIONS.--
8 (1) ANY AUTHORITY ESTABLISHED UNDER THE FORMER
9 PROVISIONS OF ARTICLE III OF THE ACT OF JANUARY 22, 1968
10 (P.L.42, NO.8), KNOWN AS THE PENNSYLVANIA URBAN MASS
11 TRANSPORTATION LAW, OR THE FORMER PROVISIONS OF CHAPTER 15
12 (RELATING TO METROPOLITAN TRANSPORTATION AUTHORITIES) SHALL
13 BE DEEMED, FOR ALL PURPOSES, TO BE AN AUTHORITY CREATED UNDER
14 THIS CHAPTER, SHALL CONTINUE IN EFFECT UNDER THIS CHAPTER AS
15 AN AUTHORITY OF THE COMMONWEALTH AND SHALL EXERCISE THOSE
16 POWERS, FUNCTIONS AND DUTIES AND BE GOVERNED BY THOSE
17 PROVISIONS APPLICABLE TO AN AUTHORITY CREATED UNDER THIS
18 CHAPTER. SUCH AUTHORITY ESTABLISHED UNDER THE FORMER
19 PROVISIONS OF ARTICLE III OF THE PENNSYLVANIA URBAN MASS
20 TRANSPORTATION LAW OR THE FORMER PROVISIONS OF CHAPTER 15
21 SHALL BE DEEMED TO HAVE SATISFIED THE REQUIREMENTS OF
22 SUBSECTIONS (A) AND (B) CONCERNING THE ORGANIZATION OF AN
23 AUTHORITY UNDER THIS CHAPTER. NOTHING IN THIS CHAPTER SHALL
24 BE CONSTRUED TO ALTER OR MODIFY IN ANY RESPECT ANY CONTRACT
25 OR OTHER OBLIGATION OF SUCH AUTHORITY ENTERED INTO PRIOR TO
26 THE EFFECTIVE DATE OF THIS CHAPTER.
27 (2) AN AUTHORITY CREATED OR EXISTING UNDER THIS CHAPTER,
28 INCLUDING ANY AUTHORITY ESTABLISHED UNDER THE FORMER
29 PROVISIONS OF ARTICLE III OF THE PENNSYLVANIA URBAN MASS
30 TRANSPORTATION LAW OR THE FORMER PROVISIONS OF CHAPTER 15,
19930H0878B1976 - 14 -
1 SHALL, WITHOUT THE NECESSITY OF ACTION OR ASSIGNMENT BY IT OR
2 ANY OTHER PERSON:
3 (I) CONTINUE IN THE RIGHTS AND RESPONSIBILITIES OF
4 ANY AUTHORITY EXISTING UNDER THE FORMER PROVISIONS OF THE
5 PENNSYLVANIA URBAN MASS TRANSPORTATION LAW OR THE FORMER
6 PROVISIONS OF CHAPTER 15 FOR ALL PURPOSES, INCLUDING, BUT
7 NOT LIMITED TO, RECEIPT OF ALL GRANTS, GIFTS,
8 APPROPRIATIONS, SUBSIDIES OR OTHER PAYMENTS;
9 (II) CONTINUE TO BE THE OWNER OF ANY REAL OR
10 PERSONAL PROPERTY AND ENJOY AND BE SUBJECT TO ANY AND ALL
11 RIGHTS AND RESPONSIBILITIES APPURTENANT THERETO OF ANY
12 AUTHORITY EXISTING UNDER THE FORMER PROVISIONS OF THE
13 PENNSYLVANIA URBAN MASS TRANSPORTATION LAW OR THE FORMER
14 PROVISIONS OF CHAPTER 15, INCLUDING, BUT NOT LIMITED TO,
15 ALL ASSETS, PROPERTY, REAL AND PERSONAL, TANGIBLE AND
16 INTANGIBLE, ALL EASEMENTS AND ALL EVIDENCES OF OWNERSHIP
17 OR OTHER INTEREST IN PART OR IN WHOLE, AND ALL RECORDS,
18 AND OTHER EVIDENCES PERTAINING THERETO; AND
19 (III) CONTINUE TO BE OBLIGATED WITH RESPECT TO ALL
20 DEBT AND OTHER CONTRACTUAL OBLIGATIONS OF ANY AUTHORITY
21 EXISTING UNDER THE FORMER PROVISIONS OF THE PENNSYLVANIA
22 URBAN MASS TRANSPORTATION LAW OR THE FORMER PROVISIONS OF
23 CHAPTER 15.
24 (3) IT IS HEREBY DECLARED TO BE THE INTENT OF THE
25 GENERAL ASSEMBLY THAT AN AUTHORITY CREATED OR EXISTING UNDER
26 THIS CHAPTER, INCLUDING ANY AUTHORITY ESTABLISHED UNDER THE
27 FORMER PROVISIONS OF ARTICLE II OF THE PENNSYLVANIA URBAN
28 MASS TRANSPORTATION LAW OR THE FORMER PROVISIONS OF CHAPTER
29 15, AND THE MEMBERS, OFFICERS, OFFICIALS AND EMPLOYEES OF ANY
30 OF THEM, SHALL CONTINUE TO ENJOY SOVEREIGN AND OFFICIAL
19930H0878B1976 - 15 -
1 IMMUNITY, AS PROVIDED IN 1 PA.C.S. § 2310 (RELATING TO
2 SOVEREIGN IMMUNITY REAFFIRMED; SPECIFIC WAIVER), AND SHALL
3 REMAIN IMMUNE FROM SUIT EXCEPT AS PROVIDED BY AND SUBJECT TO
4 THE PROVISION OF 42 PA.C.S. §§ 8501 (RELATING TO DEFINITIONS)
5 THROUGH 8528 (RELATING TO LIMITATIONS ON DAMAGES).
6 § 1712. GOVERNING AND POLICYMAKING BODY.
7 (A) TRANSPORTATION BOARD.--THE GOVERNING AND POLICYMAKING
8 BODY OF AN AUTHORITY SHALL BE A BOARD, TO BE KNOWN AS THE
9 TRANSPORTATION BOARD OF THE METROPOLITAN AREA, CONSISTING OF
10 MEMBERS TO BE APPOINTED AS PROVIDED IN SECTION 1713 (RELATING TO
11 APPOINTMENT OF BOARD MEMBERS), WHO, EXCEPT FOR THE APPOINTEE OF
12 THE GOVERNOR, MUST BE RESIDENTS OF THE METROPOLITAN AREA. NO
13 BOARD MEMBER SHALL BE ALLOWED ANY FEES, PERQUISITES OR
14 EMOLUMENTS, REWARD OR COMPENSATION FOR HIS SERVICES AS A MEMBER
15 OR OFFICER OF AN AUTHORITY, BUT THE BOARD MEMBER SHALL BE
16 REIMBURSED FOR ACTUAL EXPENSES INCURRED IN THE PERFORMANCE OF
17 HIS DUTIES.
18 (B) LIMIT ON EXERCISE OF POWERS.--THE BOARD SHALL NOT
19 INVOLVE ITSELF IN THE DAY-TO-DAY ADMINISTRATION OF THE
20 AUTHORITY'S BUSINESS. IT SHALL LIMIT ITS EXERCISE OF POWERS TO
21 SUCH AREAS OF DISCRETION OR POLICY AS THE FUNCTIONS AND PROGRAMS
22 OF THE AUTHORITY, ANY SUBSTANTIAL CHANGE IN SYSTEM OPERATIONS,
23 THE AUTHORITY'S OPERATING AND CAPITAL BUDGETS, THE AUTHORITY'S
24 STANDARD OF SERVICES, UTILIZATION OF TECHNOLOGY, THE
25 ORGANIZATIONAL STRUCTURE AND, SUBJECT TO THE PROVISIONS OF THIS
26 CHAPTER, THE SELECTION OF AND THE ESTABLISHMENT OF SALARIES FOR
27 PERSONNEL.
28 (C) PUBLIC OFFICIALS PROHIBITED.--NO MEMBER APPOINTED TO THE
29 BOARD SUBSEQUENT TO THE EFFECTIVE DATE OF THIS CHAPTER SHALL BE
30 A PUBLIC OFFICIAL. ANY PUBLIC OFFICIAL CURRENTLY SERVING AS A
19930H0878B1976 - 16 -
1 MEMBER OF THE BOARD ON THE EFFECTIVE DATE OF THIS CHAPTER SHALL
2 BE EXEMPT FROM THIS PROHIBITION.
3 § 1713. APPOINTMENT OF BOARD MEMBERS.
4 (A) APPOINTMENT.--EXCEPT AS PROVIDED IN SUBSECTION (D) WITH
5 RESPECT TO THE CONTINUATION IN OFFICE OF MEMBERS OF THE BOARD OF
6 ANY AUTHORITY ESTABLISHED UNDER THE FORMER PROVISIONS OF ARTICLE
7 III OF THE ACT OF JANUARY 22, 1968 (P.L.42, NO.8), KNOWN AS THE
8 PENNSYLVANIA URBAN MASS TRANSPORTATION LAW, OR THE FORMER
9 PROVISIONS OF CHAPTER 15 (RELATING TO METROPOLITAN
10 TRANSPORTATION AUTHORITIES) AT ANY TIME AFTER THE EFFECTIVE DATE
11 OF THIS CHAPTER:
12 (1) GUBERNATORIAL APPOINTMENTS.--THE GOVERNOR MAY
13 APPOINT AS A MEMBER OF THE BOARD ONE PERSON, WHO MAY BE AN EX
14 OFFICIO APPOINTEE FROM AMONG THE VARIOUS OFFICIALS IN THIS
15 COMMONWEALTH AND WHOSE TERM AS A BOARD MEMBER SHALL RUN
16 CONCURRENTLY WITH THAT OF HIS COMMONWEALTH POSITION, IF ANY,
17 OR THE TERM OF THE APPOINTING GOVERNOR, WHICHEVER IS SHORTER.
18 (2) LEGISLATIVE APPOINTMENTS.--THE MAJORITY LEADER AND
19 THE MINORITY LEADER OF THE SENATE AND THE MAJORITY LEADER AND
20 THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES MAY EACH
21 APPOINT ONE PERSON TO SERVE AS A BOARD MEMBER, WHOSE TERM
22 SHALL BE CONCURRENT WITH THE TERM AND WHO SHALL SERVE AT THE
23 PLEASURE OF THE APPOINTING LEGISLATIVE LEADER.
24 (3) LOCAL APPOINTMENTS.--
25 (I) THE COUNTY COMMISSIONERS OR THE COUNTY COUNCIL
26 IN EACH COUNTY AND, IN ANY COUNTY OF THE FIRST CLASS
27 CONTAINING A CITY OF THE FIRST CLASS, THE MAYOR, WITH THE
28 APPROVAL OF THE CITY COUNCIL, MAY APPOINT ONE PERSON FROM
29 EACH COUNTY TO SERVE AS BOARD MEMBERS.
30 (II) THE COUNTY COMMISSIONERS OR THE COUNTY COUNCIL
19930H0878B1976 - 17 -
1 IN EACH COUNTY AND, IN ANY COUNTY OF THE FIRST CLASS
2 CONTAINING A CITY OF THE FIRST CLASS, THE MAYOR, WITH THE
3 APPROVAL OF CITY COUNCIL, MAY APPOINT ADDITIONAL MEMBERS
4 BASED UPON EACH COUNTY'S SHARE OF FINANCIAL ASSISTANCE TO
5 THE AUTHORITY. FOR EACH 15% SHARE OF LOCAL FUNDING
6 PURSUANT TO SECTION 1302(2)(III) (RELATING TO PROGRAM
7 AUTHORIZATIONS), ONE ADDITIONAL MEMBER MAY BE APPOINTED.
8 INITIALLY, DETERMINATION OF THESE LOCAL CONTRIBUTIONS
9 SHALL BE BASED UPON LOCAL FUNDING ATTRIBUTED TO EACH
10 COUNTY BY THE AUTHORITY FOR THE 1991-1992 FISCAL YEAR. IN
11 SUBSEQUENT YEARS, THIS DETERMINATION SHALL BE BASED UPON
12 THE AUTHORITY'S CERTIFICATION OF EACH COUNTY'S SHARE OF
13 LOCAL FUNDING PROVIDED DURING THE PRIOR FISCAL YEAR. THE
14 AUTHORITY SHALL ANNUALLY PROVIDE THIS INFORMATION WHEN
15 SUBMITTING ITS REPORT TO THE DEPARTMENT PURSUANT TO
16 SECTION 1741(A)(24) (RELATING TO GENERAL POWERS). ANY
17 CHANGE IN COUNTY FUNDING THAT WOULD RESULT IN THE
18 ADDITION OR REMOVAL OF MEMBERS FROM THE BOARD WOULD TAKE
19 EFFECT IN THE FISCAL YEAR FOLLOWING THE AUTHORITY'S
20 CERTIFICATION OF THE CHANGE TO THE DEPARTMENT.
21 (B) SUCCESSOR.--AT THE EXPIRATION OF THE TERM OF ANY BOARD
22 MEMBER, HIS SUCCESSOR SHALL BE APPOINTED BY THE SAME POWER WHO
23 APPOINTED THAT BOARD MEMBER, FOR A TERM OF FIVE YEARS FROM THE
24 EXPIRATION DATE.
25 (C) CERTIFICATION AND OATH OF OFFICE.--THE APPOINTING POWERS
26 SHALL CERTIFY THEIR RESPECTIVE APPOINTMENTS TO THE SECRETARY OF
27 THE COMMONWEALTH. WITHIN 30 DAYS AFTER CERTIFICATION OF HIS
28 APPOINTMENT AND BEFORE ENTERING UPON THE DUTIES OF HIS OFFICE,
29 EACH MEMBER OF THE BOARD SHALL TAKE AND SUBSCRIBE THE
30 CONSTITUTIONAL OATH OF OFFICE AND FILE IT IN THE OFFICE OF THE
19930H0878B1976 - 18 -
1 SECRETARY OF THE COMMONWEALTH.
2 (D) TRANSITION PROVISION.--WITH RESPECT TO THE BOARD OF ANY
3 AUTHORITY ESTABLISHED UNDER THE FORMER PROVISIONS OF ARTICLE III
4 OF THE PENNSYLVANIA URBAN MASS TRANSPORTATION LAW OR THE FORMER
5 PROVISIONS OF CHAPTER 15, ALL MEMBERS OF THE BOARD OF THE
6 AUTHORITY SHALL BE DEEMED TO BE MEMBERS OF THE BOARD OF AN
7 AUTHORITY CREATED UNDER THIS CHAPTER AND SHALL CONTINUE IN
8 OFFICE UNTIL THEIR RESPECTIVE TERMS OF OFFICE WOULD HAVE EXPIRED
9 AS PROVIDED FOR IN THE FORMER PROVISIONS OF THE PENNSYLVANIA
10 URBAN MASS TRANSPORTATION LAW OR IN SECTION 1517 (RELATING TO
11 APPOINTMENT OF BOARD MEMBERS) AND SHALL EXERCISE THE POWERS,
12 FUNCTIONS AND DUTIES OF A BOARD OF AN AUTHORITY CREATED UNDER
13 THIS CHAPTER.
14 (E) EXPIRATION OF TERMS OF CURRENT MEMBERS.--THIRTY DAYS
15 FROM THE EFFECTIVE DATE OF THIS CHAPTER, THE TERMS OF ALL BOARD
16 MEMBERS CURRENTLY SERVING UNDER SECTION 1517(A)(2) (RELATING TO
17 APPOINTMENT OF BOARD MEMBERS) SHALL EXPIRE. AFTER THAT DATE,
18 APPOINTMENTS MAY BE MADE TO THE BOARD UNDER SUBSECTION (A)(3).
19 § 1714. RESIGNATION AND VACANCIES.
20 (A) REMOVAL AND VACANCY.--MEMBERS OF THE BOARD SHALL HOLD
21 OFFICE UNTIL THEIR RESPECTIVE SUCCESSORS HAVE BEEN APPOINTED AND
22 HAVE QUALIFIED. THE APPOINTING POWER MAY REMOVE ANY MEMBER OF
23 THE BOARD APPOINTED BY THAT APPOINTING POWER, BUT ONLY IN CASE
24 OF INCOMPETENCY, NEGLECT OF DUTY OR MALFEASANCE IN OFFICE. NO
25 MEMBER SHALL BE THUS REMOVED EXCEPT AFTER HAVING BEEN GIVEN A
26 COPY OF THE CHARGES AGAINST THE MEMBER AND AN OPPORTUNITY TO BE
27 PUBLICLY HEARD, AT A PLACE IN THE METROPOLITAN AREA, IN PERSON
28 OR BY COUNSEL, IN HIS OWN DEFENSE UPON NOT LESS THAN TEN DAYS'
29 WRITTEN NOTICE. IN CASE OF FAILURE TO QUALIFY WITHIN THE TIME
30 REQUIRED OR OF ABANDONMENT OF HIS OFFICE OR IN CASE OF DEATH,
19930H0878B1976 - 19 -
1 CONVICTION OF A FELONY OR REMOVAL FROM OFFICE, THAT OFFICE SHALL
2 BECOME VACANT.
3 (B) ABANDONMENT.--A MEMBER SHALL BE DEEMED TO HAVE ABANDONED
4 HIS OFFICE UPON FAILURE TO ATTEND ANY REGULAR OR SPECIAL MEETING
5 OF THE BOARD, WITHOUT EXCUSE APPROVED BY RESOLUTION OF THE
6 BOARD, FOR A PERIOD OF FOUR MONTHS OR UPON REMOVAL OF HIS
7 RESIDENCE FROM THE METROPOLITAN AREA.
8 (C) FILLING OF VACANCY.--EACH VACANCY SHALL BE FILLED FOR
9 THE UNEXPIRED TERM BY APPOINTMENT IN LIKE MANNER AND WITH LIKE
10 REGARD AS TO THE PLACE OF RESIDENCE OF THE APPOINTEE AS IN CASE
11 OF EXPIRATION OF THE TERM OF A MEMBER OF THE BOARD.
12 (D) APPEAL.--A MEMBER REMOVED FOR INCOMPETENCY, NEGLECT OF
13 DUTY OR MALFEASANCE IN OFFICE SHALL HAVE THE RIGHT TO APPEAL
14 THAT REMOVAL TO THE COURT OF COMMON PLEAS OF THE COUNTY FOR
15 WHICH THAT MEMBER WAS APPOINTED, BUT ONLY ON THE GROUND OF ERROR
16 OF LAW OR MANIFEST AND FLAGRANT ABUSE OF DISCRETION.
17 § 1715. MEETINGS, QUORUM, OFFICERS AND RECORDS.
18 (A) MEETINGS.--REGULAR MEETINGS OF THE BOARD SHALL BE HELD
19 IN THE METROPOLITAN AREA AT LEAST ONCE IN EACH CALENDAR MONTH
20 EXCEPT JULY OR AUGUST, THE TIME AND PLACE OF THE MEETINGS TO BE
21 FIXED BY THE BOARD. A MAJORITY OF THE BOARD SHALL CONSTITUTE A
22 QUORUM FOR THE TRANSACTION OF BUSINESS. ALL ACTION OF THE BOARD
23 SHALL BE BY RESOLUTION, AND THE AFFIRMATIVE VOTE OF A MAJORITY
24 OF ALL THE MEMBERS SHALL BE NECESSARY FOR THE ADOPTION OF ANY
25 RESOLUTION. NO ACTION BY THE BOARD TO WHICH AN EXPRESS OBJECTION
26 HAS BEEN MADE, UNDER THIS SECTION, BY A BOARD MEMBER OR MEMBERS
27 REPRESENTING A COUNTY OR COUNTIES HAVING ONE-THIRD OR MORE OF
28 THE POPULATION OF THE METROPOLITAN AREA, AS DETERMINED BY THE
29 MOST RECENT DECENNIAL CENSUS, SHALL BE CARRIED UNLESS SUPPORTED
30 AT A SUBSEQUENT REGULAR MEETING OF THE BOARD BY THE VOTES OF AT
19930H0878B1976 - 20 -
1 LEAST THREE-QUARTERS OF THE MEMBERSHIP OF THE BOARD. IN CASE OF
2 DISAGREEMENT BETWEEN MEMBERS REPRESENTING THE SAME COUNTY, EACH
3 MEMBER SHALL BE DEEMED TO REPRESENT ONE-HALF OF THE POPULATION
4 OF THAT COUNTY.
5 (B) OFFICERS.--THE BOARD SHALL ELECT FROM AMONG ITS MEMBERS
6 A CHAIRMAN AND A VICE CHAIRMAN, EACH OF WHOM SHALL SERVE FOR A
7 TERM OF ONE YEAR AND UNTIL HIS SUCCESSOR SHALL HAVE BEEN ELECTED
8 AND QUALIFIED AND WHO SHALL PERFORM THOSE DUTIES AS THE BOARD
9 SHALL, BY RESOLUTION, DETERMINE.
10 (C) PUBLIC MEETINGS AND RECORDS.--
11 (1) THE BOARD SHALL BE SUBJECT TO THE ACT OF JUNE 21,
12 1957 (P.L.390, NO.212), REFERRED TO AS THE RIGHT-TO-KNOW LAW,
13 AND THE ACT OF JULY 3, 1986 (P.L.388, NO.84), KNOWN AS THE
14 SUNSHINE ACT.
15 (2) NOTWITHSTANDING THE PROVISIONS OF SECTION 4 OF THE
16 SUNSHINE ACT, ONE OR MORE PERSONS MAY PARTICIPATE IN A
17 MEETING OF THE BOARD, OR OF ANY COMMITTEE THEREOF, BY MEANS
18 OF CONFERENCE TELEPHONE OR SIMILAR COMMUNICATIONS EQUIPMENT
19 BY MEANS OF WHICH ALL PERSONS PARTICIPATING IN THE MEETING
20 CAN HEAR EACH OTHER, INCLUDING, IN THE CASE OF A MEETING OPEN
21 TO THE PUBLIC, ALL OTHER PERSONS PRESENT AT THE PLACE OF
22 MEETING DESIGNATED BY PUBLIC NOTICE. PARTICIPATION BY ONE OR
23 MORE MEMBERS OF THE BOARD IN A MEETING PURSUANT TO THIS
24 SUBSECTION SHALL CONSTITUTE PRESENCE IN PERSON AT THE
25 MEETING.
26 § 1716. SECRETARY, OATH, BOND.
27 THE BOARD SHALL APPOINT A SECRETARY, WHO SHALL NOT BE A
28 MEMBER OF THE BOARD, TO HOLD OFFICE AT THE PLEASURE OF THE BOARD
29 AND SHALL FIX HIS DUTIES AND COMPENSATION. THE SECRETARY SHALL
30 NOT BE ENGAGED IN ANY OTHER BUSINESS OR EMPLOYMENT DURING HIS
19930H0878B1976 - 21 -
1 TENURE OF OFFICE AS SECRETARY OF THE BOARD. BEFORE ENTERING UPON
2 THE DUTIES OF THE OFFICE OF SECRETARY, HE SHALL TAKE AND
3 SUBSCRIBE THE CONSTITUTIONAL OATH OF OFFICE. OFFICERS AND
4 EMPLOYEES OF THE AUTHORITY, AND THOSE MEMBERS OF THE BOARD AS
5 THE BOARD MAY DETERMINE, SHALL EXECUTE CORPORATE SURETY BONDS
6 CONDITIONED UPON THE FAITHFUL PERFORMANCE OF THEIR RESPECTIVE
7 DUTIES. A BLANKET FORM OF SURETY BOND MAY BE USED FOR THIS
8 PURPOSE IF THE BOARD DEEMS THIS PROCEDURE TO BE PRACTICAL AND
9 PRUDENT. THE OBLIGATION OF THE SURETIES SHALL NOT EXTEND TO ANY
10 LOSS SUSTAINED BY THE INSOLVENCY, FAILURE OR CLOSING OF ANY
11 NATIONAL OR STATE BANK, BANK AND TRUST COMPANY OR TRUST COMPANY
12 WHEREIN FUNDS OF THE AUTHORITY HAVE BEEN DEPOSITED IF THE BANK,
13 BANK AND TRUST COMPANY OR TRUST COMPANY HAS BEEN APPROVED BY THE
14 BOARD AS A DEPOSITORY FOR THESE FUNDS. THE OATHS OF OFFICE AND
15 THE SURETY BOND OR BONDS SHALL BE FILED IN THE PRINCIPAL OFFICE
16 OF THE AUTHORITY.
17 § 1717. CONTROLLER.
18 THE BOARD SHALL APPOINT A CONTROLLER, WHO SHALL NOT BE A
19 MEMBER OF THE BOARD, TO HOLD OFFICE AT THE PLEASURE OF THE BOARD
20 AND SHALL FIX HIS COMPENSATION. THE CONTROLLER SHALL CONSULT
21 WITH, ADVISE AND ASSIST THE BOARD ON FINANCIAL AND ACCOUNTING
22 MATTERS, INCLUDING, BUT NOT LIMITED TO, THE AUTHORITY'S SYSTEM
23 OF INTERNAL CONTROLS, FINANCIAL REPORTS, CURRENT FINANCIAL
24 CONDITION AND SUCH OTHER FINANCIAL AND ACCOUNTING MATTERS WHICH
25 THE BOARD MAY DEEM APPROPRIATE. THE CONTROLLER SHALL SUBMIT AN
26 ANNUAL REPORT OF THE AUTHORITY'S FINANCIAL CONDITION WHICH SHALL
27 BE IN ADDITION TO ANY OTHER FINANCIAL REPORT REQUIRED BY THIS
28 CHAPTER TO THE BOARD, THE GENERAL MANAGER AND THE SECRETARY OF
29 TRANSPORTATION. THE CONTROLLER SHALL EXECUTE A CORPORATE SURETY
30 BOND AND, BEFORE ENTERING UPON THE DUTIES OF HIS OFFICE, SHALL
19930H0878B1976 - 22 -
1 TAKE AND SUBSCRIBE THE CONSTITUTIONAL OATH OF OFFICE.
2 § 1718. SIGNATURES.
3 (A) FACSIMILE SIGNATURES.--WHENEVER THE BUSINESS OF THE
4 AUTHORITY REQUIRES THE AFFIXING OF THE SIGNATURE OF ANY OFFICER
5 OR EMPLOYEE OF THE AUTHORITY, THE USE OF A FACSIMILE SIGNATURE,
6 WHEN EXPRESSLY AUTHORIZED BY RESOLUTION OF THE BOARD, SHALL HAVE
7 THE SAME FORCE AND EFFECT AS AN ORIGINAL SIGNATURE.
8 (B) SIGNATURES OF OFFICERS CEASING TO HOLD OFFICE.--IN CASE
9 ANY OFFICER WHOSE SIGNATURE APPEARS UPON ANY CHECK, DRAFT, BOND,
10 CERTIFICATE OR INTEREST COUPON ISSUED UNDER THIS CHAPTER CEASES
11 TO HOLD OFFICE BEFORE THE DELIVERY THEREOF TO THE PAYEE OR THE
12 PURCHASER OF ANY BOND OR CERTIFICATE, THE OFFICER'S SIGNATURE
13 NEVERTHELESS SHALL BE VALID AND SUFFICIENT FOR ALL PURPOSES WITH
14 THE SAME EFFECT AS IF HE HAD REMAINED IN OFFICE UNTIL DELIVERY
15 THEREOF.
16 § 1719. GENERAL MANAGER.
17 THE BOARD SHALL, UPON THE APPROVAL OF A QUALIFIED MAJORITY,
18 APPOINT A GENERAL MANAGER, WHO SHALL BE THE CHIEF OPERATIONS
19 OFFICER OF THE AUTHORITY AND WHO SHALL HAVE DEMONSTRATED THAT HE
20 IS COMPETENT AND EXPERIENCED IN THE AREA OF TRANSIT MANAGEMENT,
21 AND SHALL FIX HIS COMPENSATION. THE GENERAL MANAGER SHALL HAVE
22 THE POWER AND DUTY TO:
23 (1) MANAGE THE PROPERTIES OF THE AUTHORITY.
24 (2) ATTEND TO THE DAY-TO-DAY ADMINISTRATION, FISCAL
25 MANAGEMENT AND OPERATION OF THE AUTHORITY'S BUSINESS.
26 (3) APPOINT SUCH EMPLOYEES, IN CONSULTATION WITH THE
27 BOARD, AS HE DEEMS NECESSARY TO CONDUCT THE AFFAIRS OF HIS
28 OFFICE, SUBJECT TO THE PROVISIONS OF THIS CHAPTER.
29 (4) IMPLEMENT AND ENFORCE ALL RESOLUTIONS, RULES AND
30 REGULATIONS OF THE BOARD.
19930H0878B1976 - 23 -
1 (5) SUBMIT TO THE BOARD, ACCORDING TO A SCHEDULE
2 ESTABLISHED BY IT, PERIODIC REPORTS SHOWING THE OVERALL STATE
3 OR CONDITION OF THE TRANSPORTATION SYSTEM ACCORDING TO
4 ESTABLISHED INDUSTRY PERFORMANCE STANDARDS. THESE REPORTS
5 SHALL BE CONSIDERED PUBLIC RECORDS.
6 (6) IMPLEMENT POLICIES ESTABLISHED BY THE BOARD.
7 § 1720. TREASURER.
8 THE GENERAL MANAGER SHALL APPOINT A TREASURER TO HOLD OFFICE
9 AT HIS PLEASURE. IN ADDITION TO THE DUTIES IMPOSED ON THE
10 TREASURER BY THIS CHAPTER, THE TREASURER SHALL PERFORM SUCH
11 OTHER DUTIES AS THE GENERAL MANAGER SHALL PRESCRIBE. THE
12 TREASURER SHALL EXECUTE A CORPORATE SURETY BOND AND, BEFORE
13 ENTERING UPON THE DUTIES OF HIS OFFICE, SHALL TAKE AND SUBSCRIBE
14 THE CONSTITUTIONAL OATH OF OFFICE.
15 § 1721. COUNSEL TO THE BOARD.
16 THE BOARD SHALL APPOINT A COUNSEL TO THE BOARD, WHO SHALL BE
17 AN ATTORNEY AT LAW ADMITTED TO PRACTICE BEFORE THE SUPREME COURT
18 OF PENNSYLVANIA AND WHO SHALL BE APPOINTED BY THE BOARD TO SERVE
19 AT ITS DISCRETION. THE BOARD SHALL PAY THE COUNSEL TO THE BOARD
20 REASONABLE COMPENSATION FOR SERVICES ACTUALLY PERFORMED. THE
21 COUNSEL TO THE BOARD SHALL ADVISE THE BOARD IN ALL MATTERS
22 RELATING TO ITS OFFICIAL DUTIES AND SHALL, UPON THE APPROVAL OF
23 A QUALIFIED MAJORITY AND NOTWITHSTANDING ANY OTHER PROVISION OF
24 THIS CHAPTER, APPROVE ALL MATTERS RELATING TO BONDS AND
25 INDENTURES.
26 § 1722. LEGAL DIVISION AND GENERAL COUNSEL.
27 (A) ESTABLISHMENT AND OPERATION.--THE BOARD SHALL, UPON THE
28 APPROVAL OF A QUALIFIED MAJORITY, APPOINT A GENERAL COUNSEL WHO
29 SHALL BE AN ATTORNEY ADMITTED TO PRACTICE BEFORE THE SUPREME
30 COURT OF PENNSYLVANIA. THE GENERAL MANAGER, IN CONSULTATION WITH
19930H0878B1976 - 24 -
1 THE BOARD, SHALL ESTABLISH A LEGAL DIVISION ADMINISTERED BY A
2 FULL-TIME GENERAL COUNSEL AND CONSISTING OF SUCH ATTORNEYS AND
3 OTHER EMPLOYEES AS THE GENERAL COUNSEL FROM TIME TO TIME SHALL
4 DETERMINE TO BE NECESSARY TO ADMINISTER THE LEGAL AFFAIRS OF THE
5 AUTHORITY, EXCEPT AS PROVIDED IN SECTION 1721 (RELATING TO
6 COUNSEL TO THE BOARD). THE LEGAL DIVISION SHALL PROSECUTE AND
7 DEFEND, SETTLE OR COMPROMISE ALL SUITS OR CLAIMS FOR AND ON
8 BEHALF OF THE AUTHORITY AND SHALL ADVISE THE GENERAL MANAGER IN
9 ALL MATTERS RELATING TO HIS OFFICIAL DUTIES. THE AUTHORITY SHALL
10 NOT BE CONSIDERED EITHER AN EXECUTIVE AGENCY OR AN INDEPENDENT
11 AGENCY FOR PURPOSES OF THE ACT OF OCTOBER 15, 1980 (P.L.950,
12 NO.164), KNOWN AS THE COMMONWEALTH ATTORNEYS ACT, BUT SHALL
13 POSSESS THE SAME STATUS FOR SUCH PURPOSE AS THE AUDITOR GENERAL,
14 THE STATE TREASURER AND THE PENNSYLVANIA PUBLIC UTILITY
15 COMMISSION, EXCEPT THAT THE PROVISIONS OF SECTION 204(B) AND (F)
16 OF THE COMMONWEALTH ATTORNEYS ACT SHALL NOT APPLY TO THE
17 AUTHORITY AND, NOTWITHSTANDING THE PROVISIONS OF 42 PA.C.S. §
18 8525 (RELATING TO LEGAL ASSISTANCE), THE AUTHORITY THROUGH ITS
19 COUNSEL SHALL DEFEND ACTIONS BROUGHT AGAINST THE AUTHORITY AND
20 ITS OFFICERS AND EMPLOYEES WHEN ACTING WITHIN THE SCOPE OF THEIR
21 OFFICIAL DUTIES.
22 (B) OTHER COUNSEL.--THE GENERAL COUNSEL MAY, FROM TIME TO
23 TIME, WITH THE APPROVAL OF A QUALIFIED MAJORITY, RETAIN SUCH
24 OTHER LEGAL COUNSEL ON SUCH TERMS AND FOR SUCH PURPOSES AS SHALL
25 BE DEEMED NECESSARY. NOTHING IN THIS SECTION OR IN SECTION 1721
26 SHALL BE CONSTRUED SO AS TO LIMIT THE POWER OF THE LEGAL OR
27 OTHER OFFICERS OF THE COUNTIES AND MUNICIPALITIES COMPRISING THE
28 METROPOLITAN AREA TO ACT IN BEHALF OF THE GENERAL MANAGER IN
29 THEIR OFFICIAL CAPACITIES WHEN REQUESTED TO DO SO BY THE GENERAL
30 MANAGER.
19930H0878B1976 - 25 -
1 § 1723. OTHER EMPLOYEES.
2 (A) COLLECTIVE BARGAINING.--THE BOARD ACTING THROUGH THE
3 GENERAL MANAGER SHALL HAVE THE RIGHT TO BARGAIN COLLECTIVELY AND
4 ENTER INTO AGREEMENTS WITH LABOR ORGANIZATIONS. THE BOARD ACTING
5 THROUGH THE GENERAL MANAGER SHALL RECOGNIZE AND BE BOUND BY
6 EXISTING LABOR UNION AGREEMENTS WHERE THEY EXIST BETWEEN LABOR
7 UNIONS AND TRANSPORTATION COMPANIES THAT ARE ACQUIRED,
8 PURCHASED, CONDEMNED OR LEASED BY THE BOARD. IT SHALL DESIGNATE
9 THEIR DUTIES AND REQUIRE BONDS OF THOSE OF THEM AS THE BOARD MAY
10 DESIGNATE.
11 (B) COMPENSATION.--THE COMPENSATION OF THE GENERAL MANAGER,
12 COUNSEL TO THE BOARD, SECRETARY AND CONTROLLER SHALL BE FIXED BY
13 THE BOARD. FOR ALL OTHER OFFICERS, EMPLOYEES, ATTORNEYS,
14 ENGINEERS, CONSULTANTS AND AGENTS, THE BOARD SHALL ESTABLISH
15 SALARY SCALES. THE GENERAL MANAGER SHALL ESTABLISH, WITHIN THESE
16 SALARY SCALES, COMPENSATION LEVELS BASED UPON WRITTEN APPRAISALS
17 OF PERFORMANCE FOR ALL EMPLOYEES UNDER HIS CONTROL. THE
18 SECRETARY AND THE CONTROLLER SHALL ESTABLISH, WITHIN THESE
19 SALARY SCALES, COMPENSATION LEVELS BASED UPON WRITTEN APPRAISALS
20 OF PERFORMANCE FOR ALL EMPLOYEES IN THEIR RESPECTIVE OFFICES.
21 (C) OTHER OFFICES OR EMPLOYMENT.--WITH THE EXCEPTION OF THE
22 SECRETARY, ANY OF THE OFFICERS AND EMPLOYEES DESCRIBED IN
23 SUBSECTION (B) MAY BE APPOINTED, RETAINED, HIRED OR EMPLOYED ON
24 A PART-TIME BASIS AND MAY BE ENGAGED IN OTHER BUSINESS OR
25 PROFESSIONAL ACTIVITIES. NO SALARIED EXECUTIVE OFFICER OF THE
26 AUTHORITY SHALL HOLD ANY OTHER OFFICE IN OR BE AN EMPLOYEE OF
27 THE FEDERAL, STATE OR ANY COUNTY OR MUNICIPAL GOVERNMENT EXCEPT
28 AN OFFICE OR EMPLOYMENT WITHOUT COMPENSATION OR AN OFFICE IN THE
29 MILITARY RESERVE OR NATIONAL GUARD.
30 § 1724. PERSONNEL MATTERS.
19930H0878B1976 - 26 -
1 (A) CLASSIFICATION OF POSITION.--
2 (1) THE GENERAL MANAGER SHALL CLASSIFY ALL THE OFFICES,
3 POSITIONS AND GRADES OF REGULAR EMPLOYMENT REQUIRED WITH
4 REFERENCE TO THE DUTIES AND COMPENSATION FIXED THEREFOR AND
5 ADOPT RULES GOVERNING APPOINTMENTS TO ANY OF SUCH OFFICES OR
6 POSITIONS ON THE BASIS OF MERIT AND EFFICIENCY.
7 (2) PARAGRAPH (1) SHALL NOT APPLY TO THE CHAIRMAN OF THE
8 BOARD, SECRETARY, COUNSEL TO THE BOARD OR CONTROLLER.
9 (3) NO DISCRIMINATION SHALL BE MADE IN ANY APPOINTMENT
10 OR PROMOTION BECAUSE OF AGE, SEX, RACE, CREED, COLOR,
11 POLITICAL OR RELIGIOUS AFFILIATIONS OR DISABILITY. NO OFFICER
12 OR EMPLOYEE SHALL BE DISCHARGED OR DEMOTED EXCEPT FOR JUST
13 CAUSE.
14 (B) CHANGE IN WORK FORCE.--THE GENERAL MANAGER MAY ABOLISH
15 ANY OFFICE OR REDUCE THE FORCE OF EMPLOYEES FOR LACK OF WORK OR
16 LACK OF FUNDS, BUT, IN SO DOING, THE OFFICER OR EMPLOYEE WITH
17 THE SHORTEST SERVICE RECORD IN THE CLASSIFICATION AND GRADE TO
18 WHICH THE OFFICER OR EMPLOYEE BELONGS SHALL BE FIRST RELEASED
19 FROM SERVICE AND SHALL BE REINSTATED IN ORDER OF SENIORITY WHEN
20 ADDITIONAL FORCE OF EMPLOYEES IN THAT JOB CLASSIFICATION AND
21 GRADE IS REQUIRED. NO PERSON SHALL BE RELEASED FROM SERVICE
22 UNDER THIS SUBSECTION IF THE PERSON CAN BE TRANSFERRED:
23 (1) TO ANOTHER JOB CLASSIFICATION AT A LOWER GRADE IN
24 WHICH JOB CLASSIFICATION THE PERSON HAD PREVIOUSLY SERVED,
25 FOR WHICH THAT PERSON IS QUALIFIED, AND IN WHICH THE
26 INCUMBENT IS JUNIOR IN SENIORITY; OR
27 (2) TO A VACANCY IN ANOTHER JOB CLASSIFICATION FOR WHICH
28 THAT PERSON IS QUALIFIED.
29 (C) PENSION SYSTEM.--THERE SHALL BE ESTABLISHED AND
30 MAINTAINED BY THE AUTHORITY A PENSION AND RETIREMENT SYSTEM TO
19930H0878B1976 - 27 -
1 PROVIDE FOR PAYMENTS WHEN DUE UNDER SUCH SYSTEM OR AS MODIFIED
2 FROM TIME TO TIME BY RESOLUTION OF THE BOARD. FOR THIS PURPOSE,
3 BOTH THE BOARD AND THE PARTICIPATING EMPLOYEES SHALL MAKE SUCH
4 PERIODIC PAYMENTS TO THE ESTABLISHED SYSTEM AS MAY BE DETERMINED
5 BY RESOLUTION. THE BOARD MAY PROVIDE FOR PARTICIPATION BY ITS
6 EMPLOYEES IN THE SOCIAL SECURITY PROGRAM OR, IN LIEU OF SOCIAL
7 SECURITY PAYMENTS REQUIRED TO BE PAID BY PRIVATE CORPORATIONS
8 ENGAGED IN SIMILAR ACTIVITY, SHALL MAKE PAYMENTS INTO SUCH
9 ESTABLISHED SYSTEM AT LEAST EQUAL IN AMOUNT TO THE AMOUNT SO
10 REQUIRED TO BE PAID BY SUCH PRIVATE CORPORATIONS OR SHALL MAKE
11 SUCH OTHER ARRANGEMENTS AS WILL ACCOMPLISH THE SAME PURPOSE.
12 PROVISIONS SHALL BE MADE BY THE BOARD FOR ALL OFFICERS AND
13 EMPLOYEES OF THE AUTHORITY APPOINTED UNDER THIS CHAPTER TO
14 BECOME, SUBJECT TO PROCEDURES ADOPTED BY RESOLUTION OF THE
15 BOARD, MEMBERS AND BENEFICIARIES OF THE PENSIONS AND RETIREMENT
16 SYSTEM, WITH UNIFORM RIGHTS, PRIVILEGES, OBLIGATIONS AND STATUS
17 AS TO THE CLASS IN WHICH THE OFFICERS AND EMPLOYEES BELONG.
18 MEMBERS AND BENEFICIARIES OF ANY PENSION OR RETIREMENT SYSTEM
19 ESTABLISHED BY A TRANSPORTATION SYSTEM ACQUIRED BY THE AUTHORITY
20 SHALL CONTINUE TO HAVE RIGHTS, PRIVILEGES, BENEFITS, OBLIGATIONS
21 AND STATUS WITH RESPECT TO THE PREVIOUSLY ESTABLISHED SYSTEM. TO
22 ACHIEVE THE PURPOSES SET FORTH IN THIS SUBSECTION, THE BOARD
23 SHALL, BY RESOLUTION, ADOPT APPROPRIATE PROCEDURES AND FROM TIME
24 TO TIME SHALL OBTAIN COMPETENT ACTUARIAL ADVICE.
25 § 1725. PUBLIC HEARINGS.
26 (A) CONDUCT.--ALL PUBLIC HEARINGS REQUIRED BY THIS CHAPTER
27 SHALL BE CONDUCTED SO AS TO INSURE THAT:
28 (1) MEMBERS OF THE PUBLIC ARE AFFORDED A REASONABLE
29 OPPORTUNITY TO COMMENT ORALLY OR IN WRITING OR BOTH ORALLY
30 AND IN WRITING CONCERNING ACTIONS THE AUTHORITY PROPOSES TO
19930H0878B1976 - 28 -
1 TAKE.
2 (2) THE SITE OF THE HEARING IS A CONVENIENT, ACCESSIBLE
3 LOCATION.
4 (3) MEMBERS OF THE PUBLIC ARE ADEQUATELY INFORMED AT THE
5 OUTSET REGARDING THE PURPOSES OF THE HEARING AND THE MATTERS
6 ON THE AGENDA.
7 (4) REASONABLE AND LEGITIMATE QUESTIONS FROM MEMBERS OF
8 THE PUBLIC ARE ANSWERED.
9 (B) DECREASE IN SERVICE.--WHENEVER A DECREASE IN SERVICE IS
10 PROPOSED, A PUBLIC HEARING SHALL BE CONDUCTED IN ACCORDANCE WITH
11 THIS SECTION IN THE AREA AFFECTED BY THE PROPOSED DECREASE IN
12 SERVICE.
13 § 1726. CITIZEN ADVISORY COMMITTEE.
14 (A) ESTABLISHMENT AND COMPOSITION.--THERE IS HEREBY
15 ESTABLISHED A CITIZEN ADVISORY COMMITTEE. THE COMMITTEE SHALL
16 CONSIST OF:
17 (1) AN EVEN NUMBER OF MEMBERS OF THE GENERAL PUBLIC NOT
18 FEWER THAN 14 AND NOT GREATER THAN 24, THE EXACT NUMBER TO BE
19 DETERMINED BY THE GENERAL MANAGER, WHO SHALL BE APPOINTED BY
20 THE COUNTY COMMISSIONERS OR THE COUNTY COUNCIL, AS THE CASE
21 MAY BE, OF ALL COUNTIES OF THE THIRD CLASS AND SECOND CLASS A
22 WHO ARE INVOLVED WITH ANY CITY OF THE FIRST CLASS IN THE
23 OPERATION OF A TRANSPORTATION SYSTEM AND BY THE MAYOR OF ANY
24 SUCH CITY OF THE FIRST CLASS FROM RESIDENTS OF THEIR
25 RESPECTIVE MUNICIPALITIES WHO ARE REGULAR USERS OF MASS
26 TRANSPORTATION SERVICE; AND
27 (2) FIVE MEMBERS OF THE GENERAL PUBLIC, ONE RESIDENT
28 FROM EACH OF THE COUNTIES MENTIONED IN PARAGRAPH (1) AND ONE
29 RESIDENT FROM THE CITY MENTIONED IN PARAGRAPH (1) WHO ARE
30 REGULAR USERS OF MASS TRANSPORTATION SERVICE, WHO SHALL BE
19930H0878B1976 - 29 -
1 APPOINTED BY THE GENERAL MANAGER.
2 (B) TERMS.--THE COMPOSITION OF THE COMMITTEE SHALL REFLECT
3 THE PROPORTIONATE DISTRIBUTION OF TOTAL RIDERSHIP AMONG ALL
4 COUNTIES OF THE THIRD CLASS AND SECOND CLASS A WHO ARE INVOLVED
5 WITH ANY CITY OF THE FIRST CLASS IN THE OPERATION OF A
6 TRANSPORTATION SYSTEM AND ANY SUCH CITY OF THE FIRST CLASS. THE
7 TERMS OF THE MEMBERS SHALL BE TWO YEARS FROM THE DATE OF
8 APPOINTMENT OR UNTIL A SUCCESSOR HAS BEEN APPOINTED EXCEPT THAT
9 ONE-HALF OF THE MEMBERS FIRST APPOINTED SHALL SERVE FOR TERMS OF
10 ONE YEAR AND THE OTHER ONE-HALF SHALL SERVE FOR TERMS OF TWO
11 YEARS. NO MEMBER SHALL SERVE MORE THAN THREE CONSECUTIVE TERMS.
12 THE COMMITTEE SHALL SELECT FROM AMONG ITS NUMBER A CHAIRMAN,
13 VICE CHAIRMAN AND A SECRETARY. A MAJORITY OF THE MEMBERS OF THE
14 COMMITTEE PLUS ONE SHALL CONSTITUTE A QUORUM.
15 (C) SUBJECTS TO BE SUBMITTED.--REGARDLESS OF WHETHER PUBLIC
16 HEARINGS ARE REQUIRED ON THE MATTERS DESCRIBED IN THIS
17 SUBSECTION, THE GENERAL MANAGER SHALL SUBMIT TO THE COMMITTEE
18 PROPOSALS REGARDING THE ADOPTION OR AMENDMENT OF A COMPREHENSIVE
19 TRANSPORTATION PLAN, THE ANNUAL OPERATING BUDGET, ANY CAPITAL
20 BUDGET, THE FACILITIES TO BE OPERATED, THE SERVICES TO BE
21 AVAILABLE AND THE RATES TO BE CHARGED THEREFOR OR OTHER MATTERS
22 OF A SIMILAR NATURE PRIOR TO ANY FINAL ACTION RELATING TO ANY OF
23 THE FOREGOING. THE COMMITTEE MAY THOROUGHLY CONSIDER THE
24 PROPOSALS AND MAY PREPARE AND TRANSMIT TO THE GENERAL MANAGER
25 AND TO ANY INTERESTED MEMBER OF THE PUBLIC WRITTEN COMMENTS
26 CONCERNING THE PROPOSALS PRIOR TO THE DATE WHEN FINAL ACTION IS
27 TO BE TAKEN.
28 (D) NATURE OF COMMITTEE'S COMMENTS.--ALTHOUGH THE GENERAL
29 MANAGER SHALL GIVE CAREFUL AND DUE CONSIDERATION TO THE
30 COMMITTEE'S COMMENTS PRIOR TO THE TAKING OF ANY FINAL ACTION,
19930H0878B1976 - 30 -
1 THE COMMENTS SHALL BE CONSIDERED ONLY ADVISORY IN NATURE.
2 (E) TRANSITION PROVISION.--WITH RESPECT TO THE CITIZEN
3 ADVISORY COMMITTEE ESTABLISHED UNDER THE FORMER PROVISIONS OF
4 ARTICLE III OF THE ACT OF JANUARY 22, 1968 (P.L.42, NO.8), KNOWN
5 AS THE PENNSYLVANIA URBAN MASS TRANSPORTATION ACT, OR THE FORMER
6 PROVISIONS OF CHAPTER 15 (RELATING TO METROPOLITAN
7 TRANSPORTATION AUTHORITIES) THAT COMMITTEE SHALL CONTINUE IN
8 EFFECT AND SHALL BE DEEMED, FOR ALL PURPOSES, TO BE A COMMITTEE
9 CREATED UNDER THIS SECTION. THIS COMMITTEE SHALL BE DEEMED TO
10 HAVE SATISFIED THE REQUIREMENTS OF SUBSECTIONS (A) AND (B)
11 CONCERNING THE ESTABLISHMENT, FUNCTIONS AND DUTIES OF A CITIZENS
12 ADVISORY COMMITTEE UNDER THIS CHAPTER. ALL MEMBERS OF THE
13 COMMITTEE SHALL CONTINUE IN OFFICE AND SHALL EXERCISE THE
14 POWERS, FUNCTIONS AND DUTIES OF MEMBERS OF THE COMMITTEE UNTIL
15 THE EXPIRATION OF THEIR RESPECTIVE TERMS OF OFFICE IN EFFECT ON
16 THE EFFECTIVE DATE OF THIS CHAPTER.
17 § 1727. INVESTIGATIONS AND SUBPOENAS.
18 (A) PROCEDURE.--THE BOARD MAY INVESTIGATE ALL MEANS OF
19 TRANSPORTATION AND THE MANAGEMENT THEREOF, THE ENFORCEMENT OF
20 ITS RESOLUTIONS, RULES AND REGULATIONS, AND THE ACTION, CONDUCT,
21 AND EFFICIENCY OF ALL OFFICERS, AGENTS AND EMPLOYEES OF THE
22 AUTHORITY. IN THE CONDUCT OF INVESTIGATIONS, THE BOARD MAY HOLD
23 PUBLIC HEARINGS ON ITS OWN MOTION AND SHALL DO SO ON COMPLAINT
24 OR PETITION OF ANY MUNICIPALITY IN THE METROPOLITAN AREA. EACH
25 MEMBER OF THE BOARD SHALL HAVE POWER TO ADMINISTER OATHS, AND
26 THE SECRETARY, BY ORDER OF THE BOARD, SHALL ISSUE SUBPOENAS TO
27 SECURE THE ATTENDANCE AND TESTIMONY OF WITNESSES AND THE
28 PRODUCTION OF BOOKS AND PAPERS RELEVANT TO INVESTIGATIONS AND TO
29 ANY HEARING BEFORE THE BOARD OR ANY MEMBER THEREOF, OR ANY
30 OFFICERS' COMMITTEE OR EMPLOYEES' COMMITTEE, APPOINTED BY THE
19930H0878B1976 - 31 -
1 BOARD TO HEAR ANY COMPLAINT OF AN OFFICER OR EMPLOYEE WHO HAS
2 BEEN DISCHARGED OR DEMOTED.
3 (B) ENFORCEMENT.--ANY COURT OF RECORD OF THIS COMMONWEALTH,
4 OR ANY JUDGE THEREOF, EITHER IN TERM TIME OR VACATION, UPON
5 APPLICATION OF THE BOARD OR ANY MEMBER THEREOF, MAY, IN HIS
6 DISCRETION, COMPEL THE ATTENDANCE OF WITNESSES, THE PRODUCTION
7 OF BOOKS AND PAPERS AND GIVING OF TESTIMONY BEFORE THE BOARD OR
8 BEFORE ANY MEMBER THEREOF, OR ANY OFFICERS' COMMITTEE OR
9 EMPLOYEES' COMMITTEE APPOINTED BY THE BOARD BY ATTACHMENT FOR
10 CONTEMPT OR OTHERWISE, IN THE SAME MANNER AS THE PRODUCTION OF
11 EVIDENCE MAY BE COMPELLED BEFORE THE COURT.
12 § 1728. CONFLICTS OF INTEREST.
13 EVERY MEMBER OF THE BOARD AND EVERY EMPLOYEE OF THE AUTHORITY
14 SHALL BE SUBJECT TO THE ACT OF JULY 19, 1957 (P.L.1017, NO.451),
15 KNOWN AS THE STATE ADVERSE INTEREST ACT, AND THE ACT OF OCTOBER
16 4, 1978 (P.L.883, NO.170), REFERRED TO AS THE PUBLIC OFFICIAL
17 AND EMPLOYEE ETHICS LAW.
18 SUBCHAPTER C
19 POWERS AND DUTIES
20 SEC.
21 1741. GENERAL POWERS.
22 1742. POWER TO ACQUIRE PROPERTY.
23 1743. POWER TO CONTRACT WITH PUBLIC UTILITIES.
24 1744. POWER OF EMINENT DOMAIN.
25 1745. USE OF WAYS OCCUPIED BY PASSENGER UTILITIES.
26 1746. TRANSFER OF RECORDS BY PENNSYLVANIA PUBLIC UTILITY
27 COMMISSION.
28 1747. ACQUISITION OF EQUIPMENT.
29 1748. TRANSFERS OF FACILITIES OR THINGS OF VALUE TO ANY
30 AUTHORITY.
19930H0878B1976 - 32 -
1 1749. COMPACTS TO FINANCE OPERATIONS AND PARTICULAR PROJECTS.
2 1750. CONTRACTS, PROCUREMENT AND SALE OF PROPERTY.
3 1751. FISCAL PROVISIONS.
4 1752. FINANCIAL STATEMENTS AND AUDIT.
5 1753. AID FROM FEDERAL GOVERNMENT.
6 § 1741. GENERAL POWERS.
7 (A) POWERS ENUMERATED.--AN AUTHORITY SHALL HAVE AND MAY
8 EXERCISE ALL POWERS NECESSARY OR CONVENIENT FOR THE CARRYING OUT
9 OF THE PURPOSES OF THIS CHAPTER, INCLUDING THE FOLLOWING RIGHTS,
10 POWERS AND DUTIES:
11 (1) TO HAVE PERPETUAL EXISTENCE.
12 (2) TO SUE AND BE SUED, IMPLEAD AND BE IMPLEADED,
13 COMPLAIN AND DEFEND IN ALL COURTS, TO PETITION THE INTERSTATE
14 COMMERCE COMMISSION OR ANY OTHER FEDERAL OR STATE REGULATORY
15 BODY OR JOIN IN ANY PROCEEDING BEFORE ANY SUCH BODIES OR
16 COURTS IN ANY MATTER AFFECTING THE OPERATION OF ANY PROJECT
17 OF THE AUTHORITY.
18 (3) TO ADOPT AND USE AND ALTER AT WILL A CORPORATE SEAL.
19 (4) TO ESTABLISH A PRINCIPAL OFFICE WITHIN THE COUNTY OF
20 THE FIRST CLASS AND SUCH OTHER OFFICE OR OFFICES AS MAY BE
21 NECESSARY FOR THE CARRYING ON OF ITS DUTIES.
22 (5) TO MAKE AND FROM TIME TO TIME TO AMEND AND REPEAL
23 BYLAWS, RULES, REGULATIONS AND RESOLUTIONS.
24 (6) TO CONDUCT EXAMINATIONS AND INVESTIGATIONS AND TO
25 HEAR TESTIMONY AND TAKE PROOF, UNDER OATH OR AFFIRMATION AT
26 PUBLIC OR PRIVATE HEARINGS, AS PROVIDED IN THIS CHAPTER, ON
27 ANY MATTER MATERIAL TO THE PUBLIC PURPOSES SET FORTH IN THIS
28 CHAPTER.
29 (7) TO APPOINT OFFICERS, AGENTS, EMPLOYEES AND SERVANTS
30 AND TO PRESCRIBE THEIR DUTIES AND FIX THEIR COMPENSATION,
19930H0878B1976 - 33 -
1 SUBJECT, HOWEVER, TO SPECIFIC PROVISIONS OF THIS CHAPTER.
2 MEMBERS OF THE BOARD, AS WELL AS OFFICERS AND EMPLOYEES OF
3 THE AUTHORITY, SHALL NOT BE LIABLE PERSONALLY ON ANY
4 OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, BONDS OF THE
5 AUTHORITY.
6 (8) TO ENTER INTO CONTRACTS OF GROUP INSURANCE FOR THE
7 BENEFIT OF ITS EMPLOYEES OR TO CONTINUE ANY EXISTING
8 INSURANCE AND/OR PENSION OR RETIREMENT SYSTEM AND/OR ANY
9 OTHER EMPLOYEE BENEFIT ARRANGEMENT COVERING EMPLOYEES OF AN
10 ACQUIRED EXISTING TRANSPORTATION SYSTEM, AND/OR TO SET UP A
11 RETIREMENT OR PENSION FUND OR ANY OTHER EMPLOYEE BENEFIT
12 ARRANGEMENT FOR ITS EMPLOYEES.
13 (9) TO PROCURE SUCH INSURANCE, LETTERS OF CREDIT,
14 LIQUIDITY FACILITIES, GUARANTIES AND SURETIES CONTAINING SUCH
15 COVERAGES, INCLUDING, BUT NOT LIMITED TO, CONTRACTS INSURING
16 OR GUARANTEEING THE TIMELY PAYMENT IN FULL OF PRINCIPAL OF
17 AND INTEREST ON BONDS OF THE AUTHORITY, OR PROVIDING
18 LIQUIDITY FOR PURCHASE OF BONDS OF THE AUTHORITY IN SUCH
19 AMOUNTS, FROM SUCH INSURERS, SURETIES, GUARANTORS OR OTHER
20 PERSONS, AS THE AUTHORITY MAY DETERMINE TO BE NECESSARY OR
21 DESIRABLE FOR ITS PURPOSES.
22 (10) TO SELF-INSURE OR OTHERWISE PROVIDE FOR THE
23 INSURANCE OF ANY PROPERTY OR OPERATIONS OF THE AUTHORITY
24 AGAINST ANY RISKS OR HAZARDS.
25 (11) TO INVEST ANY FUNDS HELD IN RESERVE OR SINKING
26 FUNDS, OR ANY FUNDS NOT REQUIRED FOR IMMEDIATE DISBURSEMENT,
27 AS AUTHORIZED BY SECTION 1761 (RELATING TO MANAGEMENT OF
28 FUNDS).
29 (12) TO ACQUIRE BY PURCHASE, GIFT OR OTHERWISE, HOLD,
30 LEASE AS LESSEE AND USE ANY FRANCHISE, RIGHT OR PROPERTY,
19930H0878B1976 - 34 -
1 REAL, PERSONAL OR MIXED, TANGIBLE OR INTANGIBLE, OR ANY
2 INTEREST OR RIGHT THEREIN NECESSARY, DESIRABLE OR USEFUL FOR
3 CARRYING OUT THE PURPOSES OF THE AUTHORITY; TO SELL, LEASE AS
4 LESSOR, TRANSFER, DISPOSE OF OR OTHERWISE CONVEY ANY
5 FRANCHISE, RIGHT OR PROPERTY, REAL, PERSONAL OR MIXED,
6 TANGIBLE OR INTANGIBLE, OR ANY INTEREST OR RIGHT THEREIN, AT
7 ANY TIME ACQUIRED BY IT; OR TO EXCHANGE THE SAME FOR OTHER
8 PROPERTY OR RIGHTS WHICH ARE USEFUL FOR ITS PURPOSES.
9 (13) TO ACQUIRE BY EMINENT DOMAIN ANY REAL OR PERSONAL
10 PROPERTY, INCLUDING IMPROVEMENTS, FIXTURES AND FRANCHISES OF
11 ANY KIND WHATEVER, FOR THE PUBLIC PURPOSES SET FORTH IN THIS
12 CHAPTER IN THE MANNER PROVIDED IN THIS CHAPTER.
13 (14) TO ACQUIRE BY PURCHASE, LEASE OR OTHERWISE AND TO
14 CONSTRUCT, IMPROVE, MAINTAIN, REPAIR AND OPERATE PASSENGER
15 TRANSPORTATION FACILITIES AND A TRANSPORTATION SYSTEM OR
16 SYSTEMS OR PORTIONS THEREOF, AND TO PAY ALL COSTS THEREOF,
17 INCLUDING, BUT NOT LIMITED TO, THE COSTS OF ALL WORK AND
18 MATERIALS INCIDENTAL THERETO AND ALL AMOUNTS NECESSARY TO
19 PLACE ANY PROJECT INTO OPERATION.
20 (15) TO FIX, ALTER, CHARGE AND COLLECT FARES, RATES,
21 RENTALS AND OTHER CHARGES FOR ITS FACILITIES BY ZONES OR
22 OTHERWISE AT REASONABLE RATES TO BE DETERMINED EXCLUSIVELY BY
23 IT, SUBJECT TO APPEAL, AS PROVIDED IN THIS CHAPTER, FOR THE
24 PURPOSE OF PROVIDING FOR THE PAYMENT OF ALL EXPENSES AND
25 OBLIGATIONS OF THE AUTHORITY, INCLUDING THE ACQUISITION,
26 CONSTRUCTION, IMPROVEMENT, REPAIR, MAINTENANCE AND OPERATION
27 OF ITS FACILITIES AND PROPERTIES, THE MAINTENANCE AND
28 OPERATION OF A TRANSPORTATION SYSTEM, THE PAYMENT OF THE
29 PRINCIPAL AND INTEREST ON ITS OBLIGATIONS, AND TO COMPLY
30 FULLY WITH THE TERMS AND PROVISIONS OF ANY AGREEMENTS MADE
19930H0878B1976 - 35 -
1 WITH THE PURCHASERS OF BONDS OR OBLIGEES OF THE AUTHORITY. AN
2 AUTHORITY SHALL DETERMINE BY ITSELF, EXCLUSIVELY, THE
3 FACILITIES TO BE OPERATED BY IT, THE SERVICES TO BE AVAILABLE
4 AND THE RATES TO BE CHARGED THEREFOR. PUBLIC HEARINGS SHALL
5 BE HELD PRIOR TO SUCH DETERMINATIONS WHEN CHANGES ARE
6 PROPOSED WHICH WOULD INCREASE OR DECREASE FARES, ESTABLISH
7 NEW ROUTES, ELIMINATE ROUTES, CHANGE ROUTES OR MAKE
8 SUBSTANTIAL CHANGES IN THE LEVEL OF SERVICE SCHEDULED.
9 HOWEVER, PUBLIC HEARINGS NEED NOT BE HELD FOR ROUTE CHANGES,
10 FARES OR LEVEL OF SCHEDULED SERVICE IN THE CASE OF TEMPORARY
11 CHANGES NOT EXCEEDING 90 DAYS CAUSED BY EMERGENCIES;
12 PROMOTIONAL FARES OR SERVICES, OR EXPERIMENTAL SERVICES,
13 ADOPTED TO INCREASE REVENUE AND RIDERSHIP, SUBJECT TO BOARD
14 RESOLUTION; OR SPECIAL EVENTS IN WHICH THE AUTHORITY
15 PARTICIPATES AS PROVIDED BY BOARD RESOLUTION. NOTICE OF
16 PUBLIC HEARINGS SHALL BE PUBLISHED IN TWO NEWSPAPERS OF
17 GENERAL CIRCULATION AND A PUBLICATION SPECIFICALLY DESIGNED
18 TO REACH MINORITIES NOT FEWER THAN 30 CALENDAR DAYS PRIOR TO
19 SUCH HEARING. ANY PERSON AGGRIEVED BY ANY RATE OR SERVICE OR
20 CHANGE OF SERVICE FIXED BY THE AUTHORITY MAY BRING AN APPEAL
21 AGAINST THE AUTHORITY FOR THE PURPOSE OF PROTESTING AGAINST
22 ANY SUCH CHARGE, SERVICE OR CHANGE OF SERVICE. THE GROUNDS
23 FOR THE SUITS SHALL BE RESTRICTED TO A MANIFEST AND FLAGRANT
24 ABUSE OF DISCRETION OR AN ERROR OF LAW; OTHERWISE, ALL
25 ACTIONS BY THE AUTHORITY SHALL BE FINAL. UPON THE FINDING OF
26 AN ERROR OF LAW OR A MANIFEST AND FLAGRANT ABUSE OF
27 DISCRETION, THE COURT SHALL ISSUE AN ORDER SETTING FORTH THE
28 ABUSE OR ERROR AND RETURNING THE MATTER TO THE AUTHORITY FOR
29 SUCH FURTHER ACTION AS SHALL BE NOT INCONSISTENT WITH THE
30 FINDINGS OF THE COURT. NO APPEAL FROM THE ACTION OF THE
19930H0878B1976 - 36 -
1 AUTHORITY OR FROM THE DECISION OF THE COURT OF COMMON PLEAS
2 SHALL ACT AS A SUPERSEDEAS, EXCEPT WHEN TAKEN BY THE
3 AUTHORITY OR, IN OTHER CASES, WHEN SPECIALLY GRANTED AFTER A
4 FINDING THAT IRREPARABLE AND EXTRAORDINARY HARM WILL RESULT.
5 THE COURTS SHALL GIVE PRIORITY TO ALL APPEALS, AND NO BOND
6 SHALL BE REQUIRED OF ANY PARTY INSTITUTING SUCH AN APPEAL
7 UNDER THE PROVISIONS OF THIS SECTION.
8 (16) TO FIX RATES, FARES AND CHARGES IN SUCH MANNER THAT
9 THEY SHALL BE AT ALL TIMES SUFFICIENT IN THE AGGREGATE, AND
10 IN CONJUNCTION WITH ANY GRANTS FROM FEDERAL OR OTHER SOURCES
11 AND ANY OTHER INCOME AVAILABLE TO THE AUTHORITY, TO PROVIDE
12 FUNDS FOR THE PAYMENT OF ALL OPERATING COSTS AND EXPENSES
13 WHICH SHALL BE INCURRED BY THE AUTHORITY, FOR THE PAYMENT OF
14 THE INTEREST ON AND PRINCIPAL OF ALL BONDS PAYABLE FROM THE
15 REVENUES AND TO MEET ALL OTHER CHARGES UPON SUCH REVENUES AS
16 PROVIDED BY ANY TRUST AGREEMENT EXECUTED BY THE AUTHORITY IN
17 CONNECTION WITH THE ISSUANCE OF BONDS.
18 (17) TO ENTER INTO AGREEMENTS WITH THE UNITED STATES
19 POSTAL SERVICE, OR ANY SUCCESSOR ORGANIZATION, FOR THE
20 TRANSPORTATION OF MAIL AND PAYMENT OF COMPENSATION TO THE
21 AUTHORITY IN LIEU OF FARES FOR THE TRANSPORTATION OF LETTER
22 CARRIERS IN UNIFORM AT ALL TIMES. THE BOARD MAY PROVIDE FREE
23 TRANSPORTATION FOR FIREFIGHTERS IN UNIFORM AND POLICE
24 OFFICERS WHEN IN UNIFORM OR WHEN NOT IN UNIFORM, UPON
25 PRESENTATION OF IDENTIFICATION AS POLICE OFFICERS. THE BOARD
26 MAY PROVIDE FREE TRANSPORTATION FOR EMPLOYEES OF THE
27 AUTHORITY WHEN IN UNIFORM OR UPON PRESENTATION OF
28 IDENTIFICATION AS SUCH EMPLOYEES, PROVIDE FREE TRANSPORTATION
29 TO DEPENDENTS OF EMPLOYEES OF THE AUTHORITY UPON PRESENTATION
30 OF IDENTIFICATION AS PROVIDED BY THE BOARD AND ENTER INTO
19930H0878B1976 - 37 -
1 RECIPROCAL ARRANGEMENTS TO PROVIDE FREE TRANSPORTATION TO
2 EMPLOYEES AND DEPENDENTS OF EMPLOYEES OF OTHER TRANSPORTATION
3 AGENCIES.
4 (18) TO BORROW MONEY FROM ANY PERSON FOR THE PURPOSE OF
5 PAYING THE COSTS OF ANY PROJECT OR IN ANTICIPATION OF THE
6 RECEIPT OF INCOME OF THE AUTHORITY AND TO EVIDENCE THE SAME;
7 MAKE AND ISSUE BONDS OF THE AUTHORITY; SECURE THE PAYMENT OF
8 SUCH BONDS OR ANY PART THEREOF, BY PLEDGE OF OR SECURITY
9 INTEREST, WHICH MAY BE A SENIOR, PARITY OR SUBORDINATED
10 PLEDGE OR SECURITY INTEREST, IN ALL OR ANY OF ITS REVENUES,
11 RENTALS, RECEIPTS AND CONTRACT RIGHTS AND ALL OR ANY OF ITS
12 MOVEABLE EQUIPMENT AND OTHER TANGIBLE PERSONAL PROPERTY; TO
13 SECURE THE PAYMENT OF SUCH BONDS OR ANY PART THEREOF BY A
14 MORTGAGE LIEN ON REAL PROPERTY OF THE AUTHORITY OR ANY
15 INTEREST THEREIN, PROVIDED, HOWEVER, THAT NO SUCH LIEN SHALL
16 EXTEND TO REAL PROPERTY OF THE AUTHORITY COMPRISING RIGHTS OF
17 WAY, EASEMENTS OR ANY OTHER INTERESTS IN REAL PROPERTY USED
18 OR USEFUL FOR PASSAGE OF TRANSPORTATION VEHICLES OR NECESSARY
19 FOR THE SAFE AND SOUND ROUTING OR CONTROL OF TRANSPORTATION
20 VEHICLES; ISSUE BONDS ON AN UNSECURED BASIS; ISSUE BONDS ON A
21 LIMITED RECOURSE OR NONRECOURSE BASIS; ISSUE BONDS UNDER A
22 MASTER TRUST INDENTURE; MAKE AGREEMENTS WITH THE PURCHASERS
23 OR HOLDERS OF BONDS OR WITH OTHER OBLIGEES OF THE AUTHORITY
24 IN CONNECTION WITH ANY BONDS, WHETHER ISSUED OR TO BE ISSUED,
25 AS THE AUTHORITY SHALL DEEM ADVISABLE, WHICH AGREEMENTS SHALL
26 CONSTITUTE CONTRACTS WITH THE PURCHASERS OR OBLIGEES OF THE
27 AUTHORITY; OBTAIN CREDIT ENHANCEMENT OR LIQUIDITY FACILITIES
28 IN CONNECTION WITH ANY BONDS AS THE AUTHORITY SHALL DETERMINE
29 TO BE ADVANTAGEOUS; AND, IN GENERAL, PROVIDE FOR THE SECURITY
30 FOR THE BONDS AND THE RIGHTS OF THE OBLIGEES OF THE
19930H0878B1976 - 38 -
1 AUTHORITY.
2 (19) TO ACCEPT GRANTS AND TO ENTER INTO CONTRACTS,
3 LEASES, SUBLEASES, LICENSES OR OTHER TRANSACTIONS WITH ANY
4 PERSON ON SUCH TERMS AND FOR SUCH PURPOSES AS THE AUTHORITY
5 SHALL DEEM PROPER.
6 (20) TO NEGOTIATE AND ENTER INTO ARRANGEMENTS, INCLUDING
7 FUTURES CONTRACTS, FORWARD CONTRACTS AND CAP, COLLAR,
8 CORRIDOR, FLOOR OR CEILING AGREEMENTS, WITH RESPECT TO
9 ESSENTIAL SUPPLIES AND COMMODITIES FOR AN AUTHORITY FOR THE
10 PURPOSE OF REDUCING THE RISK TO THE AUTHORITY OF PRICE
11 FLUCTUATIONS FOR THE SUPPLIES AND COMMODITIES.
12 (21) TO MAKE AND EXECUTE ALL CONTRACTS AND OTHER
13 INSTRUMENTS NECESSARY OR CONVENIENT TO THE EXERCISE OF THE
14 POWERS OF THE AUTHORITY, AND ANY CONTRACT OR INSTRUMENT WHEN
15 SIGNED BY THE CHAIRMAN OR VICE CHAIRMAN AND SECRETARY OR
16 ASSISTANT SECRETARY OR TREASURER OR ASSISTANT TREASURER OF
17 THE AUTHORITY SHALL BE HELD TO HAVE BEEN PROPERLY EXECUTED
18 FOR AND ON ITS BEHALF. WITHOUT LIMITING THE GENERALITY OF THE
19 FOREGOING, THE AUTHORITY IS ALSO AUTHORIZED TO ENTER INTO
20 CONTRACTS FOR THE PURCHASE, LEASE, OPERATION OR MANAGEMENT OF
21 TRANSPORTATION FACILITIES WITHIN OR WITHOUT THE METROPOLITAN
22 AREA OR WITHIN OR WITHOUT THIS COMMONWEALTH. WHENEVER THE
23 FACILITIES ARE LOCATED OUTSIDE THE METROPOLITAN AREA, THEY
24 SHALL BE SUBJECT TO THE JURISDICTION OF THE APPROPRIATE
25 REGULATORY AGENCIES.
26 (22) TO ENTER INTO CONTRACTS WITH GOVERNMENT AGENCIES
27 AND FEDERAL AGENCIES ON SUCH TERMS AS THE AUTHORITY SHALL
28 DEEM PROPER FOR THE USE OF ANY FACILITY OR OTHER REAL OR
29 PERSONAL PROPERTY OF THE AUTHORITY, AND FIXING THE AMOUNT TO
30 BE PAID THEREFOR.
19930H0878B1976 - 39 -
1 (23) TO AGREE WITH THE CONSTITUENT MUNICIPALITIES IN
2 WHICH IT OPERATES FOR THE LEASE OF PRESENT AND FUTURE
3 MUNICIPAL PROPERTY, WHERE SUCH A LEASE WOULD BE ADVANTAGEOUS
4 TO THE AUTHORITY IN THE FINANCING OR THE OPERATION OF
5 IMPROVED PASSENGER TRANSPORTATION SERVICE.
6 (24) TO EXPLORE ALTERNATIVE MEANS OF RAISING REVENUE OR
7 REDUCING EXPENSES, INCLUDING, BUT NOT LIMITED TO, REAL ESTATE
8 LEASES AND RENTALS, EQUIPMENT LEASES AND RENTALS, CONTRACTING
9 OF SERVICES, THE SOLICITATION OF COMPETITIVE BIDS AND THE
10 AWARDING OF CONTRACTS TO THE HIGHEST RESPONSIVE, RESPONSIBLE
11 BIDDER FOR BOTH INTERIOR AND EXTERIOR ADVERTISING ON ALL
12 AUTHORITY EQUIPMENT ON WHICH THE PUBLIC IS CHARGED A FARE FOR
13 RIDING. HOWEVER, ON RAIL PASSENGER UNITS ONLY BIDS FOR
14 INTERIOR ADVERTISING SHALL BE SOLICITED. NOTHING IN THIS
15 CHAPTER OR IN ANY OTHER LAW OF THIS COMMONWEALTH SHALL
16 PRECLUDE THE NEGOTIATION AND EXECUTION OF CONTRACTS WITH
17 RESPECT TO REAL ESTATE-RELATED MATTERS IN ACCORDANCE WITH AND
18 SUBJECT SOLELY TO THE PROVISIONS OF THIS PARAGRAPH. THE
19 GENERAL MANAGER MAY RECOMMEND IN WRITING THAT THE BOARD MAKE
20 A FINDING OF SPECIAL OPPORTUNITY WITH RESPECT TO A REAL
21 ESTATE-RELATED MATTER. THE BOARD SHALL CONSIDER THE GENERAL
22 MANAGER'S RECOMMENDATION AT A PUBLIC MEETING. THE NOTICE
23 GIVEN IN ACCORDANCE WITH THE ACT OF JULY 3, 1986 (P.L.388,
24 NO.84), KNOWN AS THE SUNSHINE ACT, WITH RESPECT TO SUCH
25 MEETING SHALL STATE THAT THE BOARD WILL CONSIDER MAKING A
26 FINDING OF SPECIAL OPPORTUNITY AT SUCH MEETING AND SHALL
27 DESCRIBE THE NATURE OF THE PROPOSED FINDING OF SPECIAL
28 OPPORTUNITY. ANY FINDING OF SPECIAL OPPORTUNITY SHALL BE
29 APPROVED BY THE BOARD IN ACCORDANCE WITH THE PROVISIONS OF
30 SECTION 1715 (RELATING TO MEETINGS, QUORUM, OFFICERS AND
19930H0878B1976 - 40 -
1 RECORDS). THE BOARD SHALL ADOPT, BY RESOLUTION, A PROCESS
2 UNDER WHICH THE AUTHORITY SHALL ENTER INTO CONTRACTS NEEDED
3 TO IMPLEMENT A FINDING OF SPECIAL OPPORTUNITY. THE PROCESS
4 ADOPTED BY THE BOARD SHALL PROVIDE A METHOD OF PREQUALIFYING
5 PROSPECTIVE CONTRACTING PARTIES, WHERE APPROPRIATE; FOR THE
6 REASONABLE NOTIFICATION OF PROSPECTIVE CONTRACTING PARTIES OF
7 THE ISSUANCE OF REQUESTS FOR PROPOSALS AND THE REASONABLE
8 OPPORTUNITY FOR QUALIFIED PROSPECTIVE CONTRACTING PARTIES TO
9 SUBMIT PROPOSALS; FOR REVIEW OF PROPOSALS FROM QUALIFIED
10 PROSPECTIVE CONTRACTING PARTIES; FOR THE NEGOTIATION OF
11 CONTRACTS WITH ONE OR MORE PROSPECTIVE CONTRACTING PARTIES;
12 FOR AWARD OF CONTRACTS ON THE BASIS OF EVALUATION OF THE
13 CHARACTERISTICS OF THE PROPOSALS; AND FOR GIVING SUCH WEIGHT
14 TO THE VARIOUS CHARACTERISTICS OF ANY PROPOSAL AS THE BOARD
15 SHALL DETERMINE IS IN THE BEST INTEREST OF THE AUTHORITY. THE
16 CHARACTERISTICS BY WHICH PROPOSALS MAY BE EVALUATED UNDER A
17 FINDING OF SPECIAL OPPORTUNITY MAY INCLUDE THE LIKELY
18 COMPLEXITY OF THE TRANSACTION; THE AMOUNT OF INVESTMENT ANY
19 SELECTED CONTRACTING PARTY WILL BE REQUIRED TO MAKE OR OFFERS
20 TO MAKE IN THE REAL ESTATE-RELATED MATTER; THE EXPERIENCE AND
21 PRIOR SUCCESS OF THE PROPOSED CONTRACTING PARTY IN OTHER
22 SIMILAR DEALINGS WITH THE SAME TYPE OF REAL ESTATE-RELATED
23 MATTERS OR WITH THE AUTHORITY; THE QUALITY, FEASIBILITY AND
24 POTENTIAL FOR ECONOMIC SUCCESS OF THE PROPOSAL; ANY COST OR
25 POTENTIAL RETURN TO THE AUTHORITY; THE ECONOMIC RELIABILITY
26 AND FINANCIAL VIABILITY OF THE PROPOSED CONTRACTING PARTY;
27 THE COMPATIBILITY OF THE PROPOSAL WITH THE AUTHORITY'S BASIC
28 FUNCTION AS A PUBLIC TRANSPORTATION PROVIDER; THE DATE BY
29 WHICH THE PROPOSED CONTRACTING PARTY AGREES TO COMPLETE THE
30 REAL ESTATE-RELATED MATTER; AND OTHER FACTORS WHICH THE BOARD
19930H0878B1976 - 41 -
1 SHALL SPECIFY. THE AUTHORITY SHALL MAKE AVAILABLE A COPY OF
2 THE PROCESS ADOPTED BY THE BOARD TO ANY PERSON REQUESTING A
3 COPY OF THE PROCESS. THE GENERAL MANAGER MAY MAKE A WRITTEN
4 RECOMMENDATION TO THE BOARD CONCERNING THE AWARD OF A
5 CONTRACT UNDER A FINDING OF SPECIAL OPPORTUNITY. THE GENERAL
6 MANAGER'S RECOMMENDATION SHALL INCLUDE THE IDENTITY OF THE
7 PROSPECTIVE CONTRACTING PARTY OR PARTIES, THE PURPOSE OF THE
8 CONTRACT, THE SUBSTANCE OF THE FINDING OF SPECIAL
9 OPPORTUNITY, THE SUBSTANCE AND TERM OF THE PROPOSED CONTRACT,
10 THE IDENTITIES OF ANY OTHER PROSPECTIVE CONTRACTING PARTIES
11 WHO SUBMITTED PROPOSALS AND THE CRITERIA UPON WHICH THE
12 GENERAL MANAGER'S RECOMMENDATION WAS MADE AND THE REASONS FOR
13 SELECTING THE PROSPECTIVE CONTRACTING PARTY. UPON THE WRITTEN
14 RECOMMENDATION OF THE GENERAL MANAGER, THE BOARD MAY AWARD
15 CONTRACTS UNDER THIS PARAGRAPH AFTER APPROVING THE AWARDING
16 OF THE CONTRACT BY A RESOLUTION ADOPTED AT A PUBLIC MEETING.
17 THE NOTICE GIVEN IN ACCORDANCE WITH THE SUNSHINE ACT WITH
18 RESPECT TO SUCH MEETING SHALL STATE THAT THE BOARD WILL
19 CONSIDER AWARDING A CONTRACT UNDER A FINDING OF SPECIAL
20 OPPORTUNITY AT SUCH MEETING AND SHALL DESCRIBE THE SUBJECT
21 MATTER OF SUCH PROPOSED CONTRACT. THE AUTHORITY SHALL BY
22 APRIL 15 OF EACH YEAR SUBMIT A REPORT TO THE DEPARTMENT. THE
23 REPORT SHALL DETAIL THE ACTIONS OF THE AUTHORITY IN EXPLORING
24 ALTERNATE MEANS OF RAISING REVENUE AND REDUCING EXPENSES. THE
25 DEPARTMENT SHALL REVIEW THE REPORT AND ISSUE ITS FINDINGS AND
26 RECOMMENDATIONS TO THE APPROPRIATIONS COMMITTEE AND THE
27 TRANSPORTATION COMMITTEE OF THE SENATE AND THE APPROPRIATIONS
28 COMMITTEE AND THE TRANSPORTATION COMMITTEE OF THE HOUSE OF
29 REPRESENTATIVES NO LATER THAN 30 DAYS AFTER RECEIPT OF SUCH
30 REPORT FOR REVIEW AND CONSIDERATION OF FUTURE FUNDING BY SUCH
19930H0878B1976 - 42 -
1 COMMITTEES. WHERE ANY ALTERNATE MEANS HAVE BEEN REJECTED, THE
2 AUTHORITY SHALL DEMONSTRATE THAT THE FEASIBILITY AND COST-
3 EFFECTIVENESS OF THAT ALTERNATE MEANS HAVE BEEN CONSIDERED.
4 AS USED IN THIS PARAGRAPH, "FINDING OF SPECIAL OPPORTUNITY"
5 SHALL MEAN A WRITTEN DETERMINATION BY THE BOARD THAT
6 EXCLUSION OF A REAL ESTATE-RELATED MATTER FROM BIDDING
7 PROCEDURES, AS PROVIDED IN THIS CHAPTER OR ANY OTHER LAW,
8 WILL BE IN THE BEST INTEREST OF THE AUTHORITY AND WILL BE
9 COMPATIBLE WITH THE AUTHORITY'S BASIC FUNCTION AS A PUBLIC
10 TRANSPORTATION PROVIDER, CONSIDERING THE NATURE OF THE REAL
11 ESTATE-RELATED MATTER WITH RESPECT TO WHICH THE AUTHORITY
12 PROPOSES TO CONTRACT. ANY FINDING OF SPECIAL OPPORTUNITY
13 SHALL INCLUDE THE BASIS ON WHICH THE FINDING OF SPECIAL
14 OPPORTUNITY IS BEING MADE.
15 (25) TO LEASE PROPERTY OR CONTRACT FOR SERVICE,
16 INCLUDING MANAGERIAL AND OPERATING SERVICE, WHENEVER IT CAN
17 MORE EFFICIENTLY AND EFFECTIVELY SERVE THE PUBLIC BY SO
18 DOING, RATHER THAN CONDUCTING ITS OWN OPERATIONS WITH ITS OWN
19 PROPERTY.
20 (26) TO HAVE THE RIGHT TO USE ANY PUBLIC ROAD, STREET,
21 WAY, HIGHWAY, BRIDGE OR TUNNEL FOR THE OPERATION OF A
22 TRANSPORTATION SYSTEM WITHIN THE METROPOLITAN AREA. IN ALL
23 CASES INVOLVING THE FACILITIES OF A RAILROAD, ANY OPERATIONS
24 OF WHICH EXTEND BEYOND THE METROPOLITAN AREA, THE EXERCISE OF
25 THIS RIGHT BY THE AUTHORITY SHALL BE SUBJECT TO THE
26 JURISDICTION OF THE PENNSYLVANIA PUBLIC UTILITY COMMISSION
27 UNDER TITLE 66 (RELATING TO PUBLIC UTILITIES) ONLY TO THE
28 EXTENT THAT THE OPERATIONS EXTEND BEYOND THE METROPOLITAN
29 AREA.
30 (27) TO ACT AS AGENT OF ANY GOVERNMENT AGENCY OR ANY
19930H0878B1976 - 43 -
1 FEDERAL AGENCY FOR THE PUBLIC PURPOSES SET FORTH IN THIS
2 CHAPTER.
3 (28) TO MAKE AVAILABLE TO ANY GOVERNMENT AGENCY THE
4 RECOMMENDATIONS OF THE AUTHORITY AFFECTING ANY AREA IN THE
5 AUTHORITY'S FIELD OF OPERATION OR PROPERTY THEREIN, WHICH IT
6 MAY DEEM LIKELY TO PROMOTE THE PUBLIC HEALTH, MORALS, SAFETY
7 AND WELFARE.
8 (29) TO FORM PLANS FOR THE IMPROVEMENT OF MASS
9 TRANSPORTATION AND THE OPERATION OF A TRANSPORTATION SYSTEM
10 IN ORDER TO PROMOTE THE ECONOMIC DEVELOPMENT OF THE
11 METROPOLITAN AREA IN WHICH THE TRANSPORTATION AUTHORITY
12 OPERATES, TO MAKE RECOMMENDATIONS CONCERNING MASS
13 TRANSPORTATION FACILITIES WHICH THE AUTHORITY DOES NOT OWN OR
14 OPERATE, TO MAKE RECOMMENDATIONS CONCERNING THROUGHWAYS AND
15 ARTERIAL HIGHWAY CONNECTIONS TO THE DEPARTMENT AND TO OTHER
16 APPROPRIATE GOVERNMENTAL BODIES AND OTHERWISE TO COOPERATE
17 WITH ALL SUCH GOVERNMENTAL BODIES. THE AUTHORITY SHALL GIVE
18 ADVANCE NOTICE TO THE DEPARTMENT OF ANY PLANS WHICH IT MAY
19 HAVE FOR THE OCCUPATION OR USE OF ANY PART OF ANY STATE
20 HIGHWAY.
21 (30) TO REHABILITATE, RECONSTRUCT AND EXTEND AS POSSIBLE
22 ALL PORTIONS OF ANY TRANSPORTATION SYSTEM ACQUIRED BY THE
23 AUTHORITY AND TO MAINTAIN AT ALL TIMES A FAST, RELIABLE AND
24 ECONOMICAL TRANSPORTATION SYSTEM SUITABLE AND ADAPTED TO THE
25 NEEDS OF THE MUNICIPALITIES SERVED BY THE AUTHORITY AND FOR
26 SAFE, COMFORTABLE AND CONVENIENT SERVICE. TO THAT END, THE
27 BOARD SHALL MAKE EVERY EFFORT TO UTILIZE HIGH-SPEED RIGHTS-
28 OF-WAY, PRIVATE OR OTHERWISE, TO THE MAXIMUM EXTENT
29 PRACTICABLE TO AVOID AIR POLLUTION BY ITS VEHICLES, TO
30 ABANDON NO PHYSICAL PROPERTY WHICH THE AUTHORITY HAS
19930H0878B1976 - 44 -
1 DETERMINED RETAINS CONTINUED USEFULNESS TO THE AUTHORITY AND
2 TO EXTEND ITS RAIL AND HIGHWAY SERVICES INTO AREAS WHICH HAVE
3 SUFFICIENT NEED FOR THEM TO ECONOMICALLY OR STRATEGICALLY
4 JUSTIFY SUCH EXTENSION.
5 (31) TO ADOPT, CONSISTENT WITH THE POLICIES OF THIS ACT
6 AND FROM TIME TO TIME AMEND A COMPREHENSIVE TRANSPORTATION
7 PLAN. A PUBLIC HEARING SHALL BE CONDUCTED PRIOR TO ADOPTION
8 OR AMENDMENT. NOTICE OF THE PUBLIC HEARING SHALL BE PUBLISHED
9 IN TWO NEWSPAPERS OF GENERAL CIRCULATION AND A PUBLICATION
10 SPECIFICALLY DESIGNED TO REACH MINORITIES NOT FEWER THAN 30
11 DAYS PRIOR TO THE HEARING.
12 (32) TO DO ALL ACTS AND THINGS NECESSARY FOR THE
13 PROMOTION OF ITS BUSINESS AND THE GENERAL WELFARE OF THE
14 AUTHORITY TO CARRY OUT THE POWERS GRANTED TO IT BY THIS
15 CHAPTER OR ANY OTHER STATUTE. NOTWITHSTANDING ANY OTHER
16 PROVISION OF LAW, THE BOARD SHALL ADOPT PROCEDURES AND
17 PRACTICES TO IMPLEMENT THE PROVISIONS OF THIS CHAPTER BY
18 RESOLUTION OF THE BOARD.
19 (B) PUBLIC HIGHWAYS.--PRIVATE RIGHTS AND PROPERTY IN THE
20 BEDS OF EXISTING PUBLIC HIGHWAYS VACATED IN ORDER TO FACILITATE
21 THE PURPOSES OF THE AUTHORITY SHALL NOT BE DEEMED DESTROYED OR
22 OUSTED BY REASON OF THE VACATION, BUT SHALL BE ACQUIRED OR
23 RELOCATED BY THE AUTHORITY IN THE SAME MANNER AS OTHER PROPERTY.
24 (C) CERTAIN POWERS DENIED.--THE AUTHORITY SHALL HAVE NO
25 POWER, AT ANY TIME OR IN ANY MANNER, TO PLEDGE THE CREDIT OR
26 TAXING POWER OF THE COMMONWEALTH OR ANY OTHER GOVERNMENT AGENCY,
27 NOR SHALL ANY OF THE AUTHORITY'S OBLIGATIONS BE DEEMED TO BE
28 OBLIGATIONS OF THE COMMONWEALTH OR OF ANY OTHER GOVERNMENT
29 AGENCY, NOR SHALL THE COMMONWEALTH OR ANY GOVERNMENT AGENCY BE
30 LIABLE FOR THE PAYMENT OF PRINCIPAL OR INTEREST ON SUCH
19930H0878B1976 - 45 -
1 OBLIGATIONS.
2 (D) NO POWER TO LEVY TAXES.--THE AUTHORITY SHALL NOT HAVE
3 POWER TO LEVY TAXES FOR ANY PURPOSE WHATSOEVER.
4 § 1742. POWER TO ACQUIRE PROPERTY.
5 (A) GENERAL RULE.--
6 (1) THE AUTHORITY SHALL HAVE POWER TO ACQUIRE BY
7 PURCHASE, CONDEMNATION, LEASE, GIFT OR OTHERWISE ALL OR ANY
8 PART OF THE PROPERTY OF ANY PUBLIC UTILITY OPERATING A
9 TRANSPORTATION SYSTEM WITHIN THE METROPOLITAN AREA,
10 INCLUDING, BUT NOT LIMITED TO, THE PLANT, EQUIPMENT, PROPERTY
11 RIGHTS IN PROPERTY RESERVE FUNDS, EMPLOYEES' PENSION OR
12 RETIREMENT FUNDS, SPECIAL FUNDS, FRANCHISES, LICENSES,
13 PATENTS, PERMITS, OPERATING RIGHTS AND PAPER DOCUMENTS AND
14 RECORDS, WHICH PROPERTY SHALL BE LOCATED WITHIN THE
15 METROPOLITAN AREA AND SHALL BE APPROPRIATE FOR THE PURPOSES
16 FOR WHICH THE AUTHORITY IS ESTABLISHED, AS WELL AS ALL OR ANY
17 PART OF THE RIGHT-OF-WAY, EQUIPMENT, FIXED FACILITIES AND
18 OTHER PROPERTY OF ANY KIND OF ANY UTILITY, EXTENDING BEYOND
19 THE BOUNDARIES OF THE METROPOLITAN AREA AND FORMING OR
20 CAPABLE OF FORMING PART OF AN INTEGRATED SUBURBAN RAPID
21 TRANSIT OR RAIL TRANSPORTATION FACILITY, CONNECTING WITH
22 RAPID TRANSIT OR ELECTRIC RAILWAY LINES OF THE AUTHORITY IN
23 SUPERHIGHWAYS OR ELSEWHERE. NO INTEREST IN THE RIGHT-OF-WAY
24 OF A RAILROAD COMPANY THE OPERATIONS OF WHICH EXTEND BEYOND
25 THE METROPOLITAN AREA SHALL BE ACQUIRED OR OCCUPIED UNDER THE
26 POWER OF EMINENT DOMAIN UNDER THIS SECTION OR ANY OTHER
27 SECTION WITHOUT THE CONSENT OF THE RAILROAD.
28 (2) SUCH PROPERTIES, UPON ACQUISITION BY OR LEASE TO THE
29 AUTHORITY, SHALL BECOME AND BE OPERATED AS PART OF THE
30 TRANSPORTATION SYSTEM OF THE AUTHORITY, AND THE AUTHORITY
19930H0878B1976 - 46 -
1 SHALL HAVE ALL POWERS IN CONNECTION WITH SUCH PROPERTIES AND
2 SUCH OPERATIONS AS ARE CONFERRED BY THIS CHAPTER.
3 (3) THE AUTHORITY SHALL ALSO HAVE THE POWER TO ENTER
4 INTO AGREEMENTS TO OPERATE ANY LINES LOCATED OR EXTENDING
5 BEYOND THE BOUNDARIES OF THE METROPOLITAN AREA, SUCH
6 AGREEMENTS TO BE SUBJECT TO ALL OTHER PROVISIONS OF THIS
7 CHAPTER. THE AUTHORITY SHALL HAVE POWER TO LEASE OR PURCHASE
8 ANY MUNICIPALLY OWNED LOCAL TRANSPORTATION SUBWAYS OR OTHER
9 MUNICIPALLY OWNED LOCAL TRANSPORTATION FACILITIES FOR
10 OPERATION AND MAINTENANCE BY THE AUTHORITY.
11 (B) CONDEMNATION PROCEDURE.--
12 (1) WHENEVER THE AUTHORITY SHALL CONDEMN ALL OR
13 SUBSTANTIALLY ALL OF THE PROPERTY OF A TRANSPORTATION SYSTEM,
14 IT MAY ELECT TO COMMENCE CONDEMNATION PROCEEDINGS WITHOUT
15 IMMEDIATE PASSAGE OF TITLE BY INSERTING A PROVISION TO THAT
16 EFFECT IN THE DECLARATION OF TAKING. IN THAT EVENT, THE
17 PROVISIONS OF SECTION 402 OF THE ACT OF JUNE 22, 1964
18 (SP.SESS., P.L.84, NO.6), KNOWN AS THE EMINENT DOMAIN CODE,
19 SHALL NOT APPLY, AND THE TITLE SHALL NOT PASS TO THE
20 AUTHORITY AND THE AUTHORITY SHALL NOT BE ENTITLED TO
21 POSSESSION UNTIL PAYMENT TO THE CONDEMNEE OR INTO COURT OF
22 THE AMOUNT OF THE JUST COMPENSATION PAYABLE FOR THE PROPERTY
23 TAKEN, DETERMINED AS OF THE DATE OF FILING OF THE DECLARATION
24 OF TAKING, AS FINALLY DETERMINED IN ACCORDANCE WITH THE
25 PROVISIONS OF THIS ARTICLE, PROVIDED THAT SUCH PAYMENT OCCURS
26 WITHIN ONE YEAR OF THE FINAL DETERMINATION.
27 (2) FROM AND AFTER THE FILING OF THE DECLARATION OF
28 TAKING UNTIL THE PAYMENT TO THE CONDEMNEE OF JUST
29 COMPENSATION FOR THE CONDEMNED PROPERTY, THE AUTHORITY SHALL
30 HAVE THE RIGHT TO PETITION THE COURT HAVING JURISDICTION OF
19930H0878B1976 - 47 -
1 THE PROCEEDINGS TO PREVENT WASTE, SUBSTANTIAL DISPOSITION OR
2 ANY TRANSACTION WITH RESPECT TO THE CONDEMNED PROPERTY OTHER
3 THAN IN THE ORDINARY COURSE OF BUSINESS WITHOUT OBTAINING THE
4 PRIOR WRITTEN CONSENT OF THE AUTHORITY. THE CONDEMNEE SHALL
5 HAVE NO RIGHT TO TENDER POSSESSION OF THE PROPERTY OR
6 OTHERWISE TO DEMAND PAYMENT OF ANY COMPENSATION PRIOR TO THE
7 PASSAGE OF TITLE.
8 § 1743. POWER TO CONTRACT WITH PUBLIC UTILITIES.
9 THE AUTHORITY SHALL HAVE POWER TO ENTER INTO AGREEMENTS WITH
10 ANY PUBLIC UTILITY OPERATING A RAILROAD OR ANY OTHER
11 TRANSPORTATION FACILITY, EITHER WITHIN OR WITHOUT THE
12 METROPOLITAN AREA, FOR THE JOINT USE OF ANY PROPERTY OF THE
13 AUTHORITY OR PUBLIC UTILITY OR THE ESTABLISHMENT OF THROUGH
14 ROUTES, JOINT FARES AND TRANSFER OF PASSENGERS. THE AUTHORITY
15 SHALL HAVE POWER TO ENTER INTO AGREEMENTS WITH ANY PUBLIC
16 UTILITY, EITHER WITHIN OR WITHOUT THE METROPOLITAN AREA, WHICH
17 IN THE JUDGMENT OF THE AUTHORITY ARE NECESSARY AND CONVENIENT
18 FOR CARRYING OUT THE PURPOSES OF THIS CHAPTER.
19 § 1744. POWER OF EMINENT DOMAIN.
20 (A) UTILITY STRUCTURES.--
21 (1) THE AUTHORITY SHALL HAVE POWER, SUBJECT TO RELEVANT
22 PROVISIONS OF SECTION 1741(A)(26) (RELATING TO GENERAL
23 POWERS), TO REQUIRE PERSONS OR CORPORATIONS OWNING OR
24 OPERATING PUBLIC UTILITY STRUCTURES AND APPLIANCES IN, UPON,
25 UNDER, OVER, ACROSS OR ALONG THE PUBLIC ROADS, STREETS OR
26 OTHER PUBLIC WAYS IN WHICH THE AUTHORITY HAS THE RIGHT TO
27 OWN, CONSTRUCT, OPERATE OR MAINTAIN TRANSPORTATION FACILITIES
28 TO REMOVE THE PUBLIC UTILITY STRUCTURES AND APPLIANCES FROM
29 THEIR LOCATIONS. IF ANY PERSON OR CORPORATION OWNING OR
30 OPERATING PUBLIC UTILITY STRUCTURES AND APPLIANCES FAILS OR
19930H0878B1976 - 48 -
1 REFUSES TO REMOVE OR RELOCATE THEM, THE AUTHORITY MAY REMOVE
2 OR RELOCATE THEM. THE AUTHORITY SHALL PROVIDE THE NEW
3 LOCATION WHICH THE STRUCTURES OR APPLIANCES AS RELOCATED
4 SHALL OCCUPY, AND TO THAT END THE AUTHORITY IS HEREBY
5 AUTHORIZED TO ACQUIRE BY PURCHASE OR BY THE EXERCISE OF THE
6 POWER OF EMINENT DOMAIN ANY NECESSARY LAND OR RIGHT-OF-WAY
7 FOR SUCH PURPOSE, IF THE NEW LOCATION SHALL NOT BE IN, ON OR
8 ABOVE A HIGHWAY, ROAD OR STREET. THE EXACT NEW LOCATION SHALL
9 BE CHOSEN BY AGREEMENT OF THE AUTHORITY AND THE UTILITY. UPON
10 THE COMPLETION OF THE RELOCATION, THE AUTHORITY SHALL
11 REIMBURSE THE PUBLIC UTILITY FOR THE COST OF RELOCATION WHICH
12 SHALL BE THE ENTIRE AMOUNT PAID BY THE UTILITY PROPERLY
13 ATTRIBUTABLE TO THE RELOCATION OF THE STRUCTURE OR APPLIANCE
14 AFTER DEDUCTING THE COST OF ANY INCREASE IN THE SERVICE
15 CAPACITY OF THE NEW STRUCTURE OR APPLIANCE AND ANY SALVAGE
16 VALUE DERIVED FROM THE OLD STRUCTURE OR APPLIANCE.
17 (2) IF AN ISSUE SHALL ARISE BETWEEN THE AUTHORITY AND
18 THE PUBLIC UTILITY AS TO THE AMOUNT OF THE COST OF RELOCATION
19 OR THE NEW LOCATION EITHER PARTY MAY INSTITUTE A PROCEEDING
20 BY COMPLAINT BEFORE THE PENNSYLVANIA PUBLIC UTILITY
21 COMMISSION, WHICH IS HEREBY GIVEN EXCLUSIVE JURISDICTION TO
22 HEAR AND DETERMINE THE ISSUE. APPEAL FROM THE ORDER OF THE
23 COMMISSION IN ANY PROCEEDING MAY BE TAKEN IN THE SAME MANNER
24 AS IS PRESCRIBED BY LAW FOR APPEALS FROM OTHER ORDERS OF THE
25 COMMISSION.
26 (B) EMINENT DOMAIN.--
27 (1) THE AUTHORITY SHALL HAVE THE RIGHT OF EMINENT DOMAIN
28 WHICH MAY BE EXERCISED, EITHER WITHIN OR WITHOUT THE
29 METROPOLITAN AREA, TO ACQUIRE PRIVATE PROPERTY AND PROPERTY
30 DEVOTED TO ANY PUBLIC USE WHICH IS NECESSARY FOR THE PURPOSES
19930H0878B1976 - 49 -
1 OF THE AUTHORITY, EXCEPT PROPERTY OF A PUBLIC UTILITY
2 OPERATING TRANSPORTATION FACILITIES EXTENDING BEYOND THE
3 BOUNDARIES OF THE METROPOLITAN AREA.
4 (2) THE AUTHORITY SHALL HAVE THE RIGHT OF EMINENT DOMAIN
5 TO ACQUIRE PROPERTY OF ANY RAILROAD WHICH PROPERTY IS NOT
6 USED FOR OR IN CONNECTION WITH THE TRANSPORTATION OF PERSONS
7 OR PROPERTY AND TO ACQUIRE RIGHTS AND EASEMENTS ACROSS, UNDER
8 OR OVER THE RIGHT-OF-WAY OF SUCH RAILROAD WHENEVER THE
9 AUTHORITY SHALL ACQUIRE THE PRIVATE RIGHT-OF-WAY OR OTHER
10 PROPERTY OF A PUBLIC UTILITY USED OR USEFUL IN ITS SERVICE TO
11 THE PUBLIC.
12 (3) IT SHALL, BEFORE REQUIRING THE REMOVAL OF THE
13 EXISTING STRUCTURES AND APPLIANCES, PROVIDE A NEW LOCATION
14 FOR THE STRUCTURES AND APPLIANCES AND, UPON THE COMPLETION OF
15 RELOCATION, REIMBURSE THE PUBLIC UTILITY FOR THE COST THEREOF
16 IN THE MANNER PROVIDED IN SUBSECTION (A).
17 (C) TITLE.--TITLE TO ANY PROPERTY ACQUIRED BY AN AUTHORITY
18 THROUGH EMINENT DOMAIN SHALL BE AN ABSOLUTE OWNERSHIP OR FEE
19 SIMPLE TITLE UNLESS A LESSER TITLE SHALL BE DESIGNATED
20 SPECIFICALLY IN THE EMINENT DOMAIN PROCEEDINGS.
21 (D) PUBLIC UTILITIES.--REAL AND PERSONAL PROPERTY OF ANY
22 KIND WHATEVER BELONGING TO A PUBLIC UTILITY CORPORATION
23 PROVIDING TRANSPORTATION OR TRANSPORTATION-RELATED SERVICES MAY
24 BE ACQUIRED WITHOUT THE APPROVAL OF THE PENNSYLVANIA PUBLIC
25 UTILITY COMMISSION. IN ALL CASES INVOLVING THE FACILITIES OF A
26 RAILROAD, ANY OPERATIONS OF WHICH EXTEND BEYOND THE METROPOLITAN
27 AREA, THE EXERCISE OF THE POWER OF THE AUTHORITY UNDER THIS
28 SUBSECTION SHALL BE SUBJECT TO THE JURISDICTION OF THAT
29 COMMISSION UNDER TITLE 66 (RELATING TO PUBLIC UTILITIES).
30 (E) CERTAIN PROPERTY EXEMPT.--NO PROPERTY OWNED OR USED BY
19930H0878B1976 - 50 -
1 THE UNITED STATES, THE COMMONWEALTH, ANY POLITICAL SUBDIVISION
2 THEREOF OR ANY BODY POLITIC AND CORPORATE ORGANIZED AS AN
3 AUTHORITY UNDER ANY LAW OF THIS COMMONWEALTH OR BY ANY AGENCY OF
4 ANY OF THEM, NOR PROPERTY USED FOR BURIAL PURPOSES OR PLACES OF
5 PUBLIC WORSHIP, SHALL BE TAKEN UNDER THE RIGHT OF EMINENT DOMAIN
6 WITHOUT THE CONSENT OF THE OWNER OR USER THEREOF.
7 (F) NEGOTIATION.--BEFORE EXERCISING THE POWER OF EMINENT
8 DOMAIN, REASONABLE EFFORTS SHALL BE MADE BY THE AUTHORITY TO
9 ACHIEVE THE DESIRED RESULT THROUGH NEGOTIATION.
10 § 1745. USE OF WAYS OCCUPIED BY PASSENGER UTILITIES.
11 THE AUTHORITY SHALL NOT HAVE THE RIGHT TO USE ANY STREET OR
12 PUBLIC WAY, OCCUPIED PRIOR TO JANUARY 15, 1964, BY A PUBLIC
13 UTILITY ENGAGED IN LOCAL PASSENGER TRANSPORTATION, FOR A
14 COMPETING PURPOSE, WITHOUT THE AGREEMENT OF THE PUBLIC UTILITY.
15 § 1746. TRANSFER OF RECORDS BY PENNSYLVANIA PUBLIC UTILITY
16 COMMISSION.
17 IN CASE THE AUTHORITY ACQUIRES THE PLANT, EQUIPMENT, PROPERTY
18 AND RIGHTS IN PROPERTY OF ANY PUBLIC UTILITY USED OR USEFUL IN
19 THE OPERATION OF A TRANSPORTATION SYSTEM, THE PENNSYLVANIA
20 PUBLIC UTILITY COMMISSION SHALL TRANSFER AND DELIVER TO THE
21 BOARD, UPON ITS DEMAND, IN WRITING, ALL BOOKS, PAPERS AND
22 RECORDS IN CONTROL OF THE COMMISSION AFFECTING THE PUBLIC
23 UTILITY EXCLUSIVELY.
24 § 1747. ACQUISITION OF EQUIPMENT.
25 (A) GENERAL RULE.--THE AUTHORITY SHALL HAVE POWER TO
26 PURCHASE OR OTHERWISE ACQUIRE THE OWNERSHIP OR USE OF OR ACCESS
27 TO EQUIPMENT, SUCH AS CARS, TROLLEY BUSES, STREET CARS, BUSES,
28 MONORAILS, RAILROAD MOTIVE POWER, TRAINS, RAILROAD PASSENGER
29 CARS AND EQUIPMENT, SUBWAY PASSENGER CARS AND EQUIPMENT,
30 ELEVATED PASSENGER OR PASSENGER AND RAIL ROLLING STOCK, SELF-
19930H0878B1976 - 51 -
1 PROPELLED AND GALLERY CARS, LOCOMOTIVES, RAILS, LINES, POLES AND
2 WIRES, AS WELL AS ANY EQUIPMENT NECESSARY FOR THE IMPROVEMENT OF
3 OR OVERHAUL OF ANY OF THE FOREGOING, AND ANY OTHER EQUIPMENT
4 WHICH, IN THE JUDGMENT OF THE AUTHORITY, MAY BE USEFUL IN THE
5 OPERATION OF A TRANSPORTATION SYSTEM. THE AUTHORITY SHALL HAVE
6 THE POWER TO EXECUTE AGREEMENTS, LEASES AND EQUIPMENT TRUST
7 CERTIFICATES IN A FORM SATISFACTORY TO THE AUTHORITY TO EFFECT
8 THE PURCHASE OR ACQUISITION AND MAY DISPOSE OF SUCH EQUIPMENT
9 TRUST CERTIFICATES, PROVIDED THAT THE CERTIFICATES SHALL BE
10 OFFERED FOR SALE IN A MANNER SIMILAR TO THAT PROVIDED FOR THE
11 SALE OF BONDS IN THIS CHAPTER. ALL MONEY REQUIRED TO BE PAID BY
12 THE AUTHORITY UNDER THE PROVISIONS OF THE AGREEMENTS, LEASES AND
13 EQUIPMENT TRUST CERTIFICATES SHALL BE PAYABLE SOLELY FROM THE
14 REVENUE OR INCOME TO BE DERIVED FROM THE TRANSPORTATION SYSTEM
15 AND FROM GRANTS AND LOANS AS PROVIDED ELSEWHERE IN THIS CHAPTER.
16 PAYMENT FOR THE EQUIPMENT OR RENTALS THEREFOR MAY BE MADE IN
17 INSTALLMENTS AND THE DEFERRED INSTALLMENTS MAY BE EVIDENCED BY
18 EQUIPMENT TRUST CERTIFICATES PAYABLE SOLELY FROM SUCH REVENUE,
19 INCOME, GRANTS OR LOANS AND TITLE TO THE EQUIPMENT SHALL NOT
20 VEST IN THE AUTHORITY UNTIL THE EQUIPMENT TRUST CERTIFICATES ARE
21 PAID.
22 (B) TRUSTEE.--THE AGREEMENT TO PURCHASE MAY DIRECT THE
23 VENDOR TO SELL AND ASSIGN THE EQUIPMENT TO A BANK, BANK AND
24 TRUST COMPANY OR TRUST COMPANY DULY AUTHORIZED TO TRANSACT
25 BUSINESS IN THIS COMMONWEALTH AS TRUSTEE FOR THE BENEFIT AND
26 SECURITY OF THE EQUIPMENT TRUST CERTIFICATES AND MAY DIRECT THE
27 TRUSTEE TO DELIVER THE EQUIPMENT TO ONE OR MORE DESIGNATED
28 OFFICERS OF THE AUTHORITY AND MAY AUTHORIZE THE TRUSTEE
29 SIMULTANEOUSLY THEREWITH TO EXECUTE AND DELIVER A LEASE OF THE
30 EQUIPMENT TO THE AUTHORITY.
19930H0878B1976 - 52 -
1 (C) AUTHORIZATION AND ACKNOWLEDGMENT.--THE AGREEMENTS AND
2 LEASES SHALL BE DULY ACKNOWLEDGED BEFORE SOME PERSON AUTHORIZED
3 BY LAW TO TAKE ACKNOWLEDGMENTS OF DEEDS AND IN THE FORM REQUIRED
4 FOR ACKNOWLEDGMENTS OF DEEDS, AND SUCH AGREEMENTS, LEASES AND
5 EQUIPMENT TRUST CERTIFICATES SHALL BE AUTHORIZED BY RESOLUTION
6 OF THE BOARD AND SHALL CONTAIN SUCH COVENANTS, CONDITIONS AND
7 PROVISIONS AS MAY BE DEEMED NECESSARY OR APPROPRIATE TO INSURE
8 THE PAYMENT OF THE EQUIPMENT TRUST CERTIFICATES FROM THE REVENUE
9 OR INCOME TO BE DERIVED FROM THE TRANSPORTATION SYSTEM.
10 (D) PROVISIONS OF AGREEMENTS--THE COVENANTS, CONDITIONS AND
11 PROVISIONS OF THE AGREEMENTS, LEASES AND EQUIPMENT TRUST
12 CERTIFICATES SHALL NOT CONFLICT WITH ANY OF THE PROVISIONS OF
13 ANY TRUST INDENTURE SECURING THE PAYMENT OF BONDS OF THE
14 AUTHORITY.
15 (E) FILING.--AN EXECUTED COPY OF EACH AGREEMENT AND LEASE
16 SHALL BE FILED IN THE OFFICE OF THE SECRETARY OF THE
17 COMMONWEALTH WHO SHALL BE ENTITLED TO RECEIVE $1 FOR EACH COPY
18 FILED. THIS FILING SHALL CONSTITUTE NOTICE TO ANY SUBSEQUENT
19 JUDGMENT CREDITOR OR ANY SUBSEQUENT PURCHASER. EACH VEHICLE SO
20 PURCHASED AND LEASED SHALL HAVE THE NAME OF THE OWNER AND LESSOR
21 PLAINLY MARKED UPON BOTH SIDES THEREOF, FOLLOWED BY THE WORDS
22 "OWNER AND LESSOR."
23 § 1748. TRANSFERS OF FACILITIES OR THINGS OF VALUE TO ANY
24 AUTHORITY.
25 ANY PERSON MAY AND IS HEREBY AUTHORIZED TO SELL, LEASE, LEND,
26 GRANT, CONVEY, TRANSFER OR PAY OVER TO ANY AUTHORITY, WITH OR
27 WITHOUT CONSIDERATION, ANY PROJECT OR ANY PART OR PARTS THEREOF,
28 OR ANY INTEREST IN REAL OR PERSONAL PROPERTY OR ANY FUNDS
29 AVAILABLE FOR BUILDING CONSTRUCTION OR IMPROVEMENT PURPOSES,
30 INCLUDING THE PROCEEDS OF BONDS PREVIOUSLY OR HEREAFTER ISSUED
19930H0878B1976 - 53 -
1 FOR BUILDING CONSTRUCTION OR IMPROVEMENT PURPOSES, OR ANY MONEY
2 OR THING OF VALUE, INCLUDING SERVICES, WHICH MAY BE USED BY THE
3 AUTHORITY IN THE CONSTRUCTION, ACQUISITION, IMPROVEMENT,
4 MAINTENANCE OR OPERATION OF ANY PROJECT OR FOR ANY OTHER OF ITS
5 CORPORATE PURPOSES, ANY OTHER LAW TO THE CONTRARY
6 NOTWITHSTANDING.
7 § 1749. COMPACTS TO FINANCE OPERATIONS AND PARTICULAR PROJECTS.
8 (A) GENERAL RULE.--THE COUNTIES AND MUNICIPALITIES IN ANY
9 METROPOLITAN AREA SHALL ENTER INTO A COMPACT OR COMPACTS AMONG
10 THEMSELVES AND/OR WITH THE AUTHORITY TO PROVIDE FOR MEETING THE
11 AUTHORITY'S CAPITAL OR OPERATING BUDGET BY APPROPRIATIONS,
12 ANNUAL OR OTHERWISE, OF SUCH SUMS AND IN SUCH PROPORTIONS AS MAY
13 BE AGREED UPON IN THE COMPACT TO BE PAID BY EACH SIGNATORY PARTY
14 THERETO. THE OBLIGATION INCURRED THEREBY SHALL BE FOR THE TERM
15 AS SET FORTH IN THE COMPACT WITHOUT REGARD TO THE PROVISIONS OF
16 ANY LAW, ORDINANCE OR REGULATION TO THE CONTRARY AND SHALL
17 CONSTITUTE A COMMITMENT AND OBLIGATION, BINDING AND ABSOLUTE, ON
18 THE PART OF EACH SIGNATORY PARTY TO APPROPRIATE AND PAY OVER THE
19 NECESSARY FUNDS IN ACCORDANCE THEREWITH. THE OPERATING BUDGET
20 SHALL INCLUDE ALL SUMS OF MONEY NECESSARY FOR THE FORMATION AND
21 ORGANIZATION OF ANY AUTHORITY AND ALL ITEMS OF OPERATING
22 EXPENSES IN CONNECTION WITH THE AUTHORITY, AS WELL AS NECESSARY
23 FUNDS FOR PLANNING AND RESEARCH APPROPRIATE AND CONSISTENT WITH
24 THE PURPOSES OF THIS CHAPTER AND ANY COMPACT ENTERED INTO UNDER
25 THIS CHAPTER.
26 (B) FINANCING OF PARTICULAR PROJECTS.--A COMPACT MAY ALSO
27 PROVIDE FOR THE FINANCING OF A PARTICULAR MASS TRANSPORTATION
28 PROJECT IN SUCH MANNER AS SHALL BE PROVIDED FOR IN THE COMPACT.
29 (C) COMMITMENT OF PARTY.--WHENEVER A PARTY SIGNATORY TO A
30 COMPACT THEREBY EXPRESSES ITS APPROVAL OF THE BUDGET FOR
19930H0878B1976 - 54 -
1 FINANCING A PARTICULAR PROJECT, THIS SHALL THEN CONSTITUTE A
2 COMMITMENT AND OBLIGATION, BINDING AND ABSOLUTE, ON THE PART OF
3 THE PARTY SIGNATORY TO APPROPRIATE THE NECESSARY FUNDS IN
4 ACCORDANCE THEREWITH.
5 (D) COMMITMENT OF COUNTY OR MUNICIPALITY.--NO COMMITMENT OR
6 OBLIGATION INVOLVING THE PAYMENT OF MONEYS TO OR ON BEHALF OF
7 THE AUTHORITY SHALL EXIST IN ANY INSTANCE ON THE PART OF ANY
8 COUNTY OR OTHER MUNICIPALITY WITHIN THE METROPOLITAN AREA UNLESS
9 AND UNTIL THE COMMITMENT OR OBLIGATION SHALL FIRST HAVE BEEN
10 EXPRESSLY AND LAWFULLY UNDERTAKEN AND ASSUMED BY THE COUNTY OR
11 OTHER MUNICIPALITY.
12 § 1750. CONTRACTS, PROCUREMENT AND SALE OF PROPERTY.
13 (A) COMPETITIVE BIDS.--EXCEPT IN THE PURCHASE OF UNIQUE
14 ARTICLES OR ARTICLES WHICH, FOR ANY OTHER REASON, CANNOT BE
15 OBTAINED IN THE OPEN MARKET AND EXCEPT AS PROVIDED IN SECTION
16 1741 (RELATING TO GENERAL POWERS) AND AS PROVIDED IN THIS
17 CHAPTER, COMPETITIVE BIDS SHALL BE SECURED BEFORE ANY PURCHASE
18 OR SALE, BY CONTRACT OR OTHERWISE, IS MADE OR BEFORE ANY
19 CONTRACT IS AWARDED FOR CONSTRUCTION, ALTERATIONS, SUPPLIES,
20 EQUIPMENT, REPAIRS OR MAINTENANCE OR FOR RENDERING ANY SERVICES
21 TO THE AUTHORITY OTHER THAN PROFESSIONAL SERVICES. PURCHASES
22 SHALL BE MADE FROM OR THE CONTRACT SHALL BE AWARDED TO THE
23 LOWEST RESPONSIVE, RESPONSIBLE BIDDER. SALES SHALL BE MADE TO
24 THE HIGHEST RESPONSIVE, RESPONSIBLE BIDDER. NO PURCHASE OF ANY
25 UNIQUE ARTICLE OR OTHER ARTICLES WHICH CANNOT BE OBTAINED IN THE
26 OPEN MARKET SHALL BE MADE WITHOUT EXPRESS APPROVAL OF THE BOARD
27 WHERE THE AMOUNT INVOLVED IS IN EXCESS OF $25,000. THE AUTHORITY
28 SHALL NOT BE SUBJECT TO THE ACT OF NOVEMBER 26, 1978 (P.L.1309,
29 NO.317), ENTITLED "AN ACT REGULATING THE AWARDING AND EXECUTION
30 OF CERTAIN PUBLIC CONTRACTS; PROVIDING FOR CONTRACT PROVISIONS
19930H0878B1976 - 55 -
1 RELATING TO THE RETENTION, INTEREST AND PAYMENT OF FUNDS PAYABLE
2 UNDER THE CONTRACTS; AND REPEALING INCONSISTENT ACTS." NOTHING
3 IN THIS SECTION OR ANY OTHER LAW OF THIS COMMONWEALTH SHALL
4 REQUIRE THE AUTHORITY TO COMPETITIVELY BID ARCHITECTURAL DESIGN,
5 ENGINEERING, CONSTRUCTION MANAGEMENT OR OTHER PROFESSIONAL
6 SERVICES REQUIRED BY THE AUTHORITY.
7 (B) PROCEDURE.--ALL PURCHASES AND SALES IN EXCESS OF $25,000
8 SHALL BE AWARDED AFTER ADVERTISING IN A LOCAL NEWSPAPER OF
9 GENERAL CIRCULATION IN THE METROPOLITAN AREA AT LEAST TWO WEEKS
10 PRIOR TO THE BID OPENING. BIDS SHALL BE PUBLICLY OPENED AND READ
11 ALOUD AT A DATE, TIME AND PLACE DESIGNATED IN THE INVITATION TO
12 BID. INVITATIONS TO BID SHALL BE SENT AT LEAST ONE WEEK PRIOR TO
13 THE BID OPENING TO AT LEAST THREE POTENTIAL BIDDERS WHO ARE
14 QUALIFIED TECHNICALLY AND FINANCIALLY TO SUBMIT BIDS, OR, IN
15 LIEU THEREOF, A MEMORANDUM SHALL BE KEPT ON FILE SHOWING THAT
16 LESS THAN THREE POTENTIAL BIDDERS SO QUALIFIED EXIST IN THE
17 MARKET AREA WITHIN WHICH IT IS PRACTICABLE TO OBTAIN BIDS.
18 (C) QUALIFIED VENDORS.--WRITTEN PRICE QUOTATIONS FROM AT
19 LEAST THREE QUALIFIED AND RESPONSIBLE VENDORS SHALL BE SOLICITED
20 FOR ALL PURCHASES AND SALES UNDER $25,000 AND OVER $10,000, OR,
21 IN LIEU THEREOF, A MEMORANDUM APPROVED BY THE GENERAL MANAGER
22 SHALL BE KEPT ON FILE SHOWING THAT LESS THAN THREE VENDORS SO
23 QUALIFIED EXIST IN THE MARKET AREA WITHIN WHICH IT IS
24 PRACTICABLE TO OBTAIN QUOTATIONS, EXCEPT AS PROVIDED IN THIS
25 CHAPTER.
26 (D) SMALL PURCHASES.--PURCHASES OR SALES UNDER $10,000 MAY
27 BE NEGOTIATED WITH OR WITHOUT COMPETITIVE BIDDING UNDER SOUND
28 PROCUREMENT PROCEDURES AS PROMULGATED AND ESTABLISHED BY THE
29 GENERAL MANAGER.
30 (E) WAIVER.--COMPETITIVE BIDDING REQUIREMENTS MAY BE WAIVED
19930H0878B1976 - 56 -
1 IF IT IS DETERMINED BY THE GENERAL MANAGER, OR IN SUCH OTHER
2 MANNER AS THE BOARD MAY PROVIDE, THAT AN EMERGENCY DIRECTLY AND
3 IMMEDIATELY AFFECTING CUSTOMER SERVICE OR PUBLIC HEALTH, SAFETY
4 OR WELFARE REQUIRES IMMEDIATE DELIVERY OF SUPPLIES, MATERIALS,
5 EQUIPMENT OR SERVICES. A RECORD OF CIRCUMSTANCES EXPLAINING THE
6 EMERGENCY SHALL BE SUBMITTED TO THE BOARD AT ITS NEXT REGULAR
7 MEETING AND THEREAFTER KEPT ON FILE.
8 (F) SALE OR LEASE OF REAL PROPERTY.--CONTRACTS FOR THE SALE
9 OR LEASE OF REAL PROPERTY OWNED BY THE AUTHORITY SHALL BE
10 AWARDED AFTER COMPETITIVE BIDDING AS SHOWN IN SUBSECTION (B),
11 EXCEPT AS PROVIDED IN SECTION 1741(22) WHERE THE CONTRACT IS
12 ENTERED INTO WITH THE COMMONWEALTH OR ANY GOVERNMENT AGENCY OR
13 WITH THE UNITED STATES GOVERNMENT OR ANY AGENCY OR
14 INSTRUMENTALITY THEREOF OR AS PROVIDED IN SECTION 1741(24).
15 (G) PROPERTY MANAGEMENT CONTRACTS.--CONTRACTS FOR THE
16 MANAGEMENT OF AUTHORITY-OWNED PROPERTY, SUCH AS BUS ROUTES OR
17 SUBWAY SYSTEMS, MAY BE NEGOTIATED AND AWARDED BY AN AFFIRMATIVE
18 VOTE OF ONE MORE THAN A MAJORITY OF ALL MEMBERS OF THE BOARD.
19 (H) AVOIDANCE PROHIBITED.--REQUIREMENTS SHALL NOT BE SPLIT
20 INTO PARTS FOR THE PURPOSE OF AVOIDING THE PROVISIONS OF THIS
21 SECTION.
22 (I) REJECTION OF BIDS.--THE AUTHORITY SHALL HAVE THE RIGHT
23 TO REJECT ANY OR ALL BIDS OR PARTS OF ANY OR ALL BIDS, WHENEVER,
24 IN THE OPINION OF THE BOARD, REJECTION IS NECESSARY FOR THE
25 PROTECTION OF THE INTERESTS OF THE AUTHORITY. IN EVERY CASE, A
26 RECORD SHALL BE MADE SETTING FORTH THE REASON FOR THE REJECTION,
27 WHICH RECORD SHALL THEREAFTER BE KEPT ON FILE.
28 (J) RULES AND REGULATIONS.--THE BOARD MAY BY RESOLUTION
29 ADOPT POLICIES TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
30 (K) PROFESSIONAL SERVICES.--NOTHING IN THIS SECTION OR ANY
19930H0878B1976 - 57 -
1 OTHER LAW OF THIS COMMONWEALTH SHALL REQUIRE THE AUTHORITY TO
2 COMPETITIVELY BID ARCHITECTURAL DESIGN, ENGINEERING,
3 CONSTRUCTION MANAGEMENT, ACCOUNTING, FINANCIAL, LEGAL OR OTHER
4 PROFESSIONAL SERVICES REQUIRED BY THE AUTHORITY. NEVERTHELESS,
5 ALL CONTRACTS NOT COMPETITIVELY BID SHALL BE SUBJECT TO THE
6 APPROVAL OF A QUALIFIED MAJORITY.
7 (L) CONCESSIONS.--ALL CONCESSIONS GRANTED BY THE AUTHORITY
8 FOR THE SALE OF PRODUCTS OR THE RENDITION OF SERVICES FOR A
9 CONSIDERATION ON AUTHORITY PROPERTY SHALL BE AWARDED ONLY UNDER
10 WRITTEN SPECIFICATIONS AFTER COMPETITIVE BIDDING AND TO THE
11 HIGHEST RESPONSIVE, RESPONSIBLE BIDDER IN A MANNER SIMILAR TO
12 THAT REQUIRED BY SUBSECTION (B) OR (C) AS APPROPRIATE. THIS
13 REQUIREMENT FOR COMPETITIVE BIDDING SHALL NOT APPLY TO ANY
14 CONCESSION WHICH HAS BEEN GRANTED BY A TRANSPORTATION SYSTEM
15 ACQUIRED BY THE AUTHORITY AND WHICH BY THE TERMS OF THE
16 AGREEMENT GRANTING IT WILL TERMINATE WITHIN ONE YEAR FROM DATE
17 OF THE ACQUISITION OF THE TRANSPORTATION SYSTEM BY THE
18 AUTHORITY, NOR TO ANY CONCESSION INVOLVING THE ESTIMATED RECEIPT
19 BY THE AUTHORITY OF LESS THAN $10,000 OVER THE PERIOD FOR WHICH
20 THE CONCESSION IS GRANTED.
21 § 1751. FISCAL PROVISIONS.
22 (A) FISCAL YEAR AND BUDGET.--THE BOARD SHALL ESTABLISH A
23 FISCAL YEAR FOR OPERATIONS AND A FISCAL YEAR FOR CAPITAL
24 PROGRAMS. AT LEAST 90 DAYS PRIOR TO THE BEGINNING OF THE FIRST
25 FULL FISCAL YEAR AFTER THE CREATION OF THE AUTHORITY AND
26 ANNUALLY THEREAFTER, THE BOARD SHALL CAUSE TO BE PREPARED AND
27 SUBMITTED TO IT A TENTATIVE OPERATING BUDGET AND A TENTATIVE
28 CAPITAL BUDGET FOR THE ENSUING FISCAL YEAR. THE TENTATIVE
29 BUDGETS SHALL BE CONSIDERED BY THE BOARD AND, SUBJECT TO ANY
30 REVISION AND AMENDMENTS AS MAY BE DETERMINED, SHALL BE ADOPTED
19930H0878B1976 - 58 -
1 PRIOR TO THE FIRST DAY OF THE ENSUING FISCAL YEAR AS THE BUDGETS
2 FOR THAT YEAR. THE BOARD SHALL ESTABLISH SUCH RULES AS ARE
3 NECESSARY FOR PROPER OBSERVANCE OF THE BUDGETS. SIMULTANEOUSLY
4 WITH THE ADOPTION OF THE CAPITAL BUDGET, THE BOARD SHALL ADOPT A
5 TENTATIVE CAPITAL PROGRAM COVERING THE ENSUING SIX YEARS.
6 (B) PROCEDURE.--A PUBLIC HEARING SHALL BE CONDUCTED PRIOR TO
7 THE ADOPTION OF THE FINAL OPERATING BUDGET AND TENTATIVE CAPITAL
8 PROGRAM. NOTICE OF THE PUBLIC HEARING SHALL BE PUBLISHED IN TWO
9 NEWSPAPERS OF GENERAL CIRCULATION AND A PUBLICATION SPECIFICALLY
10 DESIGNED TO REACH MINORITIES NOT FEWER THAN 30 DAYS PRIOR TO THE
11 HEARING.
12 § 1752. FINANCIAL STATEMENTS AND AUDIT.
13 (A) STATEMENT.--AS SOON AFTER THE END OF EACH FISCAL YEAR AS
14 IS FEASIBLE, THE BOARD SHALL CAUSE TO BE PREPARED AND PRINTED A
15 REPORT AND FINANCIAL STATEMENT OF THE AUTHORITY'S OPERATIONS FOR
16 THE PREVIOUS YEAR AND OF ITS ASSETS AND LIABILITIES PREPARED IN
17 ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES. A
18 REASONABLY SUFFICIENT NUMBER OF COPIES OF THE REPORT SHALL BE
19 PRINTED FOR DISTRIBUTION TO PERSONS INTERESTED, UPON REQUEST. A
20 COPY OF THE REPORT SHALL BE FILED WITH THE SECRETARY OF THE
21 COMMONWEALTH, THE COUNTY CLERK OF EACH COUNTY IN THE
22 METROPOLITAN AREA AND THE CLERK OF EACH MUNICIPALITY WHICH HAS
23 GRANTED RIGHTS TO THE AUTHORITY BY ORDINANCE, AND A COPY OF THE
24 REPORT SHALL BE ADDRESSED TO AND MAILED TO THE MAYOR AND CITY
25 COUNCIL OR THE GOVERNING BODY OF THE MUNICIPALITY. THE BOARD
26 FROM TIME TO TIME SHALL MAIL, TO THE PERSONS AND OFFICES
27 SPECIFIED, COPIES OF THE INTERIM FINANCIAL REPORTS AS MAY BE
28 PREPARED BY THE AUTHORITY, COPIES OF ALL BYLAWS, RULES AND
29 REGULATIONS, AND AMENDMENTS THERETO, AND COPIES OF THE ANNUAL
30 FINANCIAL BUDGETS.
19930H0878B1976 - 59 -
1 (B) AUDIT.--THE BOARD SHALL APPOINT IN DUE TIME EACH YEAR A
2 FIRM OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS AS AUDITORS WHO
3 SHALL EXAMINE THE BOOKS, RECORDS AND ACCOUNTS, OPERATIONS AND
4 ASSETS AND LIABILITIES OF THE AUTHORITY FOR THE PURPOSE OF
5 AUDITING AND REPORTING UPON ITS FINANCIAL STATEMENTS FOR SUCH
6 YEAR. THE AUDITORS SHALL AUDIT THE BOOKS, RECORDS, ACCOUNTS,
7 OPERATIONS AND ASSETS AND LIABILITIES OF THE AUTHORITY IN
8 ACCORDANCE WITH GENERALLY ACCEPTED AUDITING STANDARDS. THE
9 REPORT OF THE AUDITORS SHALL BE APPENDED TO THE FINANCIAL
10 STATEMENT.
11 § 1753. AID FROM FEDERAL GOVERNMENT.
12 IN ADDITION TO THE POWERS CONFERRED UPON ANY AUTHORITY BY
13 OTHER PROVISIONS OF THIS CHAPTER, THE AUTHORITY IS EMPOWERED TO
14 BORROW OR ACCEPT MONEY OR ACCEPT GRANTS OR OTHER FINANCIAL
15 ASSISTANCE FROM ANY FEDERAL AGENCY FOR OR IN AID OF THE
16 AUTHORITY'S OPERATIONS. IT IS THE PURPOSE AND INTENT OF THIS
17 CHAPTER TO AUTHORIZE THE AUTHORITY, AND THE AUTHORITY IS SO
18 AUTHORIZED, TO DO ANY AND ALL THINGS NECESSARY OR DESIRABLE TO
19 SECURE THE FINANCIAL AID OR COOPERATION OF ANY FEDERAL AGENCY IN
20 ANY OF THE AUTHORITY'S OPERATIONS. THESE THINGS MAY INCLUDE,
21 WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE POWER TO
22 CHANGE OR REVISE RATES, FARES AND CHARGES, TO MAKE RELOCATION
23 PAYMENTS TO FAMILIES, BUSINESSES AND NONPROFIT ORGANIZATIONS, TO
24 PROVIDE AN AREAWIDE TRANSPORTATION PLAN OR PROGRAM FOR THE
25 DEVELOPMENT OF A COMPREHENSIVE AND COORDINATED MASS
26 TRANSPORTATION SYSTEM FOR THE METROPOLITAN AREA, TO CARRY OUT
27 RESEARCH, DEVELOPMENT AND DEMONSTRATION PROJECTS AND TO PROVIDE
28 A SHARE OF THE COST OF ANY PROJECT AND ALL AS MAY BE REQUIRED BY
29 ANY FEDERAL LAW OR BY THE REQUIREMENTS OF ANY FEDERAL AGENCY
30 AUTHORIZED TO ADMINISTER ANY FEDERAL PROGRAM OF AID TO ANY MASS
19930H0878B1976 - 60 -
1 TRANSPORTATION PROGRAM.
2 SUBCHAPTER D
3 FUNDS AND BONDS OF AUTHORITIES
4 SEC.
5 1761. MANAGEMENT OF FUNDS.
6 1762. SPECIAL FUNDS.
7 1763. BONDS.
8 1764. CONTRACTS WITH OBLIGEES OF AN AUTHORITY.
9 1765. COMMONWEALTH PLEDGES.
10 1766. PROVISIONS OF BONDS AND TRUST INDENTURES.
11 1767. BONDS TO BE LEGAL INVESTMENTS.
12 1768. RIGHTS AND REMEDIES.
13 1769. ADDITIONAL REMEDIES CONFERRABLE BY AN AUTHORITY.
14 1770. VALIDITY OF PLEDGE.
15 1771. SECURITY INTEREST IN FUNDS AND ACCOUNTS.
16 1772. PAYMENT OF PROCEEDS OF TAX LEVIED FOR AUTHORITY
17 PURPOSES.
18 1773. LIMITATION ON AUTHORITY UNDER FEDERAL BANKRUPTCY CODE.
19 § 1761. MANAGEMENT OF FUNDS.
20 (A) GENERAL RULE.--ALL FUNDS OF AN AUTHORITY RECEIVED FROM
21 ANY SOURCE SHALL BE DELIVERED TO THE TREASURER OF THE AUTHORITY
22 OR TO SUCH OTHER AGENT OF THE AUTHORITY AS THE BOARD MAY
23 DESIGNATE. THE FUNDS SHALL BE PROMPTLY DEPOSITED IN THE NAME OF
24 THE AUTHORITY IN A BANK OR BANKS, BANK AND TRUST COMPANY OR BANK
25 AND TRUST COMPANIES, TRUST COMPANY OR TRUST COMPANIES IN THIS
26 COMMONWEALTH CHOSEN BY THE AUTHORITY. THE MONEYS IN THE ACCOUNT
27 OR ACCOUNTS MAY BE WITHDRAWN OR PAID OUT ONLY BY CHECK OR DRAFT
28 UPON THE BANK, BANK AND TRUST COMPANY OR TRUST COMPANY, SIGNED
29 BY THE TREASURER OR OTHER DESIGNATED AGENT OF THE AUTHORITY ON
30 WARRANT OF THE TREASURER OF THE AUTHORITY AND COUNTERSIGNED BY
19930H0878B1976 - 61 -
1 THE CHAIRMAN OF THE BOARD OR BY SUCH PERSONS AS THE BOARD MAY
2 AUTHORIZE. MONEYS IN THE ACCOUNT OR ACCOUNTS MAY BE WITHDRAWN OR
3 PAID OUT BY ELECTRONIC FUNDS TRANSFER ON INSTRUCTIONS SIGNED AND
4 COUNTERSIGNED IN THE MANNER PROVIDED FOR CHECKS OR DRAFTS. THE
5 BOARD MAY DESIGNATE ANY OF ITS MEMBERS OR ANY OFFICER OR
6 EMPLOYEE OF THE AUTHORITY TO AFFIX THE SIGNATURE OF THE CHAIRMAN
7 TO ANY CHECK OR DRAFT FOR PAYMENT OF SALARIES OR WAGES AND FOR
8 THE PAYMENT OF ANY OTHER OBLIGATION OF NOT MORE THAN $100,000.
9 THE GENERAL MANAGER MAY DESIGNATE ANY OFFICER OR EMPLOYEE OF THE
10 AUTHORITY TO AFFIX THE SIGNATURE OF THE TREASURER TO ANY CHECK
11 OR DRAFT FOR PAYMENT OF SALARIES OR WAGES AND FOR THE PAYMENT OF
12 ANY OTHER OBLIGATION OF NOT MORE THAN $100,000.
13 (B) MANAGEMENT OF FUNDS.--
14 (1) ALL BANK, BANK AND TRUST COMPANY OR TRUST COMPANY
15 BALANCES OF THE AUTHORITY, TO THE EXTENT THE SAME ARE NOT
16 INSURED, SHALL BE CONTINUOUSLY SECURED BY A PLEDGE OF DIRECT
17 OBLIGATIONS OF THE UNITED STATES, OF THE COMMONWEALTH OR OF
18 ANY MUNICIPALITY OR MUNICIPALITIES IN THE METROPOLITAN AREA
19 HAVING AN AGGREGATE MARKET VALUE EXCLUSIVE OF ACCRUED
20 INTEREST AT ALL TIMES AT LEAST EQUAL TO THE BALANCE ON
21 DEPOSIT IN SUCH BANK, BANK AND TRUST COMPANY OR TRUST
22 COMPANY. THE SECURITIES SHALL EITHER BE DEPOSITED WITH THE
23 TREASURER OF THE AUTHORITY OR BE HELD BY A TRUSTEE OR AGENT
24 SATISFACTORY TO THE AUTHORITY. ALL DEPOSITORY INSTITUTIONS
25 ARE AUTHORIZED TO GIVE SECURITY FOR THE DEPOSITS.
26 (2) SUBJECT TO THE PROVISIONS OF ANY AGREEMENTS WITH
27 OBLIGEES OF THE AUTHORITY, ALL FUNDS OF THE AUTHORITY,
28 INCLUDING, BUT NOT LIMITED TO, THE PROCEEDS OF BONDS THAT ARE
29 NOT REQUIRED FOR IMMEDIATE USE MAY BE INVESTED BY THE BOARD
30 CONSISTENT WITH SOUND BUSINESS PRACTICE. THE BOARD SHALL
19930H0878B1976 - 62 -
1 PROVIDE FOR AN INVESTMENT PROGRAM SUBJECT TO RESTRICTIONS
2 CONTAINED IN THIS ACT AND IN ANY OTHER APPLICABLE STATUTE AND
3 ANY RESOLUTIONS ON THIS SUBJECT ADOPTED BY THE BOARD.
4 (C) AUTHORIZED INVESTMENTS.--THE AUTHORIZED TYPES OF
5 INVESTMENTS FOR AUTHORITY FUNDS SHALL BE ANY OF THE FOLLOWING:
6 (1) GOVERNMENT OBLIGATIONS.
7 (2) DEBT OBLIGATIONS ISSUED BY ANY OF THE FOLLOWING
8 FEDERAL AGENCIES OR SUCH OTHER LIKE FEDERAL AGENCIES WHICH
9 MAY BE DESIGNATED BY THE BOARD: BANK FOR COOPERATIVES,
10 FEDERAL FARM CREDIT BANKS, FEDERAL FINANCING BANK, FEDERAL
11 HOME LOAN BANK SYSTEM, FEDERAL NATIONAL MORTGAGE ASSOCIATION,
12 EXPORT-IMPORT BANK OF THE UNITED STATES, FARMERS HOME
13 ADMINISTRATION, RESOLUTION FUNDING CORPORATION, SMALL
14 BUSINESS ADMINISTRATION, STUDENT LOAN MARKETING ASSOCIATION,
15 INTER-AMERICAN DEVELOPMENT BANK, INTERNATIONAL BANK FOR
16 RECONSTRUCTION AND DEVELOPMENT, FEDERAL LAND BANKS OR
17 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION, AND THEIR
18 PREDECESSOR OR SUCCESSOR AGENCIES.
19 (3) SHORT-TERM OR LONG-TERM DEBT OBLIGATIONS OF ANY
20 STATE OR POLITICAL SUBDIVISION THEREOF OR ANY AGENCY OR
21 INSTRUMENTALITY OF SUCH A STATE OR POLITICAL SUBDIVISION OR
22 OF ANY MUNICIPAL CORPORATION, PROVIDED THAT THE OBLIGATIONS
23 ARE RATED BY A RATING AGENCY IN ANY OF THE THREE HIGHEST
24 RATING CATEGORIES (WITHOUT REFERENCE TO SUBCATEGORIES)
25 ASSIGNED BY THE RATING AGENCY.
26 (4) RIGHTS TO RECEIVE THE PRINCIPAL OF OR THE INTEREST
27 ON OBLIGATIONS OF STATES, POLITICAL SUBDIVISIONS, AGENCIES OR
28 INSTRUMENTALITIES MEETING THE REQUIREMENTS SET FORTH IN
29 PARAGRAPHS (2) AND (3), WHETHER THROUGH DIRECT OWNERSHIP AS
30 EVIDENCED BY PHYSICAL POSSESSION OF THE OBLIGATIONS OR
19930H0878B1976 - 63 -
1 UNMATURED INTEREST COUPONS OR BY REGISTRATION AS TO OWNERSHIP
2 ON THE BOOKS OF THE ISSUER OR ITS DULY AUTHORIZED PAYING
3 AGENT OR TRANSFER AGENT OR THROUGH THE PURCHASE OF
4 CERTIFICATES OR OTHER INSTRUMENTS EVIDENCING AN UNDIVIDED
5 OWNERSHIP INTEREST IN PAYMENTS OF THE PRINCIPAL OF OR
6 INTEREST ON THE OBLIGATIONS.
7 (5) NEGOTIABLE AND NONNEGOTIABLE CERTIFICATES OF
8 DEPOSIT, TIME DEPOSITS OR OTHER SIMILAR BANKING ARRANGEMENTS
9 WHICH ARE ISSUED BY BANKS, BANK AND TRUST COMPANIES, TRUST
10 COMPANIES OR SAVINGS AND LOAN ASSOCIATIONS, PROVIDED THAT,
11 UNLESS ISSUED BY A QUALIFIED FINANCIAL INSTITUTION, ANY SUCH
12 CERTIFICATE, DEPOSIT OR OTHER ARRANGEMENT SHALL BE
13 CONTINUOUSLY SECURED AS TO PRINCIPAL IN THE MANNER AND TO THE
14 EXTENT PROVIDED IN SUBSECTION (D).
15 (6) REPURCHASE AGREEMENTS FOR INVESTMENT SECURITIES
16 DESCRIBED IN PARAGRAPH (1) OR (2) WITH A QUALIFIED FINANCIAL
17 INSTITUTION OR WITH DEALERS IN GOVERNMENT BONDS WHICH REPORT
18 TO, TRADE WITH AND ARE RECOGNIZED AS PRIMARY DEALERS BY A
19 FEDERAL RESERVE BANK AND ARE MEMBERS OF THE SECURITIES
20 INVESTORS PROTECTION CORPORATION, PROVIDED THAT THE
21 REPURCHASE PRICE PAYABLE UNDER ANY AGREEMENT SHALL BE
22 CONTINUOUSLY SECURED IN THE MANNER AND TO THE EXTENT PROVIDED
23 IN SUBSECTION (D).
24 (7) INVESTMENT AGREEMENTS WITH QUALIFIED FINANCIAL
25 INSTITUTIONS.
26 (8) COMMERCIAL PAPER RATED IN THE HIGHEST RATING
27 CATEGORY (WITHOUT REFERENCE TO SUBCATEGORIES) BY A RATING
28 AGENCY.
29 (9) SHARES OR CERTIFICATES IN ANY SHORT-TERM INVESTMENT
30 FUND RATED IN THE HIGHEST RATING CATEGORY (WITHOUT REFERENCE
19930H0878B1976 - 64 -
1 TO SUBCATEGORIES) BY A RATING AGENCY, WHICH SHORT-TERM
2 INVESTMENT FUND INVESTS SOLELY IN OBLIGATIONS DESCRIBED IN
3 PARAGRAPHS (1) AND (2).
4 (10) DEBT OBLIGATIONS OF ANY FOREIGN GOVERNMENT OR
5 POLITICAL SUBDIVISION THEREOF OR ANY AGENCY OR
6 INSTRUMENTALITY OF FOREIGN GOVERNMENT OR POLITICAL
7 SUBDIVISION, PROVIDED THAT THE OBLIGATIONS ARE RATED BY A
8 RATING AGENCY (WITHOUT REFERENCE TO SUBCATEGORIES) IN THE
9 HIGHEST RATING CATEGORY ASSIGNED BY THE RATING AGENCY.
10 (11) SUCH OTHER INVESTMENTS WHICH AT THE TIME OF THE
11 ACQUISITION THEREOF SHALL BE LISTED AS PERMISSIBLE
12 INVESTMENTS FOR TRUST FUNDS IN AN INDENTURE OR RESOLUTION
13 WITH RESPECT TO INDEBTEDNESS WHICH IS INCURRED UNDER THIS
14 CHAPTER.
15 (D) SECURITY FOR INVESTMENT SECURITIES.--ANY SECURITY
16 REQUIRED TO BE MAINTAINED AS COLLATERAL FOR INVESTMENT
17 SECURITIES IN THE FORM OF CERTIFICATES OF DEPOSIT, TIME
18 DEPOSITS, OTHER SIMILAR BANKING ARRANGEMENTS AND REPURCHASE
19 AGREEMENTS DESCRIBED IN SUBSECTION (C)(5) AND (6) SHALL BE
20 SUBJECT TO THE FOLLOWING REQUIREMENTS:
21 (1) THE COLLATERAL SHALL BE IN THE FORM OF OBLIGATIONS
22 DESCRIBED IN SUBSECTION (C)(1) AND (2), EXCEPT THAT THE
23 SECURITY FOR CERTIFICATES OF DEPOSIT, TIME DEPOSITS OR OTHER
24 SIMILAR BANKING ARRANGEMENTS MAY INCLUDE OTHER MARKETABLE
25 SECURITIES WHICH ARE ELIGIBLE AS SECURITY FOR TRUST FUNDS
26 UNDER APPLICABLE REGULATIONS OF THE COMPTROLLER OF THE
27 CURRENCY OF THE UNITED STATES OF AMERICA OR UNDER APPLICABLE
28 STATE LAWS AND REGULATIONS.
29 (2) THE COLLATERAL SHALL HAVE AN AGGREGATE MARKET VALUE,
30 CALCULATED NOT LESS FREQUENTLY THAN MONTHLY, AT LEAST EQUAL
19930H0878B1976 - 65 -
1 TO THE PRINCIPAL AMOUNT (LESS ANY PORTION INSURED BY THE
2 FEDERAL DEPOSIT INSURANCE CORPORATION OR ANY COMPARABLE
3 INSURANCE CORPORATION CHARTERED BY THE UNITED STATES OF
4 AMERICA) OR THE REPURCHASE PRICE SECURED THEREBY, AS THE CASE
5 MAY BE. THE INSTRUMENTS GOVERNING THE ISSUANCE OF AND
6 SECURITY FOR THE INVESTMENT SECURITIES SHALL DESIGNATE THE
7 PERSON RESPONSIBLE FOR MAKING THE FOREGOING CALCULATIONS.
8 (3) THE AUTHORITY SHALL HAVE A PERFECTED SECURITY
9 INTEREST IN THE COLLATERAL SECURING CERTIFICATES OF DEPOSIT,
10 TIME DEPOSITS OR OTHER SIMILAR BANKING ARRANGEMENTS, AND THE
11 COLLATERAL SHALL BE HELD FREE AND CLEAR OF THE CLAIMS OF
12 THIRD PARTIES. THE COLLATERAL SHALL BE DEPOSITED WITH THE
13 AUTHORITY, WITH A FEDERAL RESERVE BANK FOR THE ACCOUNT OF THE
14 AUTHORITY OR WITH A BANK, BANK AND TRUST COMPANY OR TRUST
15 COMPANY (OTHER THAN THE OBLIGOR) WHICH IS ACTING SOLELY AS
16 AGENT FOR THE AUTHORITY AND HAS A COMBINED NET CAPITAL AND
17 SURPLUS EQUAL TO AT LEAST $100,000,000.
18 (4) COLLATERAL FOR REPURCHASE AGREEMENTS SHALL BE HELD
19 FREE AND CLEAR OF THE CLAIMS OF THIRD PARTIES BY THE
20 AUTHORITY, OR BY A FEDERAL RESERVE BANK FOR THE ACCOUNT OF
21 THE AUTHORITY, OR BY A BANK, BANK AND TRUST COMPANY OR TRUST
22 COMPANY WHICH IS ACTING SOLELY AS AGENT FOR THE AUTHORITY AND
23 HAS A COMBINED NET CAPITAL AND SURPLUS AT LEAST EQUAL TO
24 $100,000,000. A PERFECTED FIRST PRIORITY SECURITY INTEREST
25 FOR THE BENEFIT OF THE AUTHORITY SHALL BE CREATED IN THE
26 COLLATERAL UNDER TITLE 13 (RELATING TO COMMERCIAL CODE) OR
27 BOOK ENTRY PROCEDURES PRESCRIBED BY APPLICABLE FEDERAL
28 REGULATIONS.
29 § 1762. SPECIAL FUNDS.
30 AN AUTHORITY, UNDER RESOLUTIONS ADOPTED FROM TIME TO TIME BY
19930H0878B1976 - 66 -
1 THE BOARD, MAY ESTABLISH AND CREATE SUCH SPECIAL FUNDS AS MAY BE
2 FOUND DESIRABLE BY THE BOARD AND, IN AND BY SUCH RESOLUTIONS,
3 MAY PROVIDE FOR PAYMENTS INTO ALL SPECIAL FUNDS FROM SPECIFIED
4 SOURCES WITH SUCH PREFERENCES AND PRIORITIES AS MAY BE DEEMED
5 ADVISABLE AND MAY PROVIDE FOR THE CUSTODY, DISBURSEMENT AND
6 APPLICATION OF ANY MONEYS IN ANY SUCH SPECIAL FUNDS CONSISTENT
7 WITH THE PROVISIONS OF THIS SUBCHAPTER AND CONSISTENT WITH
8 GENERALLY ACCEPTED ACCOUNTING PRINCIPLES.
9 § 1763. BONDS.
10 (A) GENERAL RULE.--
11 (1) THE BONDS OF THE AUTHORITY SHALL BE AUTHORIZED BY
12 RESOLUTION OF THE BOARD THEREOF AND SHALL BE OF SUCH SERIES,
13 BEAR SUCH DATE OR DATES, BEAR OR ACCRUE INTEREST AT SUCH RATE
14 OR RATES, FIXED OR VARIABLE, AS SHALL BE DETERMINED BY THE
15 BOARD AS NECESSARY TO ISSUE AND SELL THE AUTHORIZED BONDS, BE
16 IN SUCH DENOMINATIONS, BE IN SUCH FORM, EITHER COUPON OR
17 FULLY REGISTERED WITHOUT COUPONS, BE IN CERTIFICATED OR BOOK-
18 ENTRY-ONLY FORM, CARRY SUCH REGISTRATION AND EXCHANGEABILITY
19 AND INTERCHANGEABILITY PRIVILEGES, BE PAYABLE IN SUCH MEDIUM
20 OF PAYMENT AND AT SUCH PLACE OR PLACES, BE SUBJECT TO SUCH
21 TERMS OF REDEMPTION AND BE ENTITLED TO SUCH PRIORITIES OF
22 PAYMENT IN THE REVENUES OR RECEIPTS OF THE AUTHORITY AS THE
23 RESOLUTION OR TRUST INDENTURE ADOPTED OR APPROVED BY THE
24 AUTHORITY MAY PROVIDE.
25 (2) THE BONDS SHALL BE SIGNED BY OR SHALL BEAR THE
26 FACSIMILE SIGNATURES OF SUCH OFFICERS AS THE BOARD SHALL
27 DETERMINE, AND COUPON BONDS SHALL HAVE ATTACHED THERETO
28 INTEREST COUPONS BEARING THE FACSIMILE SIGNATURE OF THE
29 TREASURER OF THE AUTHORITY, AND ALL BONDS SHALL BE
30 AUTHENTICATED BY AN AUTHENTICATING AGENT, FISCAL AGENT OR
19930H0878B1976 - 67 -
1 TRUSTEE, ALL AS MAY BE PRESCRIBED IN THE RESOLUTION OR TRUST
2 INDENTURE.
3 (3) ANY SUCH BONDS MAY BE ISSUED AND DELIVERED
4 NOTWITHSTANDING THAT ONE OR MORE OF THE OFFICERS SIGNING
5 BONDS OR THE TREASURER WHOSE FACSIMILE SIGNATURE SHALL BE
6 UPON THE COUPON, OR ANY THEREOF, SHALL HAVE CEASED TO BE AN
7 OFFICER OR OFFICERS AT THE TIME WHEN THE BONDS SHALL ACTUALLY
8 BE DELIVERED.
9 (4) THE PROCEEDS OF AN ISSUE OF BONDS MAY BE USED TO PAY
10 THE COSTS OF A PROJECT; SUBJECT TO THE LIMITATIONS OF
11 SUBSECTION (B), TO FINANCE ANY CASH FLOW DEFICIT OF THE
12 AUTHORITY; TO REIMBURSE ANY COSTS OF A PROJECT INITIALLY PAID
13 BY THE AUTHORITY OR ANY PERSON; TO FUND ANY REQUIRED
14 RESERVES; TO CAPITALIZE INTEREST; OR TO PAY COSTS OF ISSUANCE
15 INCLUDING, BUT NOT LIMITED TO, COSTS OF OBTAINING CREDIT
16 ENHANCEMENT FOR THE BONDS.
17 (B) MATURITY.--BONDS ISSUED TO FINANCE THE COSTS OF A
18 PROJECT SHALL MATURE AT SUCH TIME OR TIMES NOT EXCEEDING 40
19 YEARS FROM THEIR RESPECTIVE DATES OF ORIGINAL ISSUE AS THE
20 AUTHORITY SHALL BY RESOLUTION DETERMINE. BONDS ISSUED IN
21 ANTICIPATION OF INCOME OF THE AUTHORITY SHALL MATURE WITHIN ONE
22 FISCAL YEAR AFTER THE FISCAL YEAR OF THE DATE OF ISSUANCE
23 THEREOF, EXCEPT FOR BONDS ISSUED IN ANTICIPATION OF GRANTS WITH
24 RESPECT TO THE COST OF A PROJECT, WHICH BONDS SHALL MATURE NO
25 LATER THAN SIX MONTHS BEYOND THE TIME OF ANTICIPATED RECEIPT OF
26 THE FINAL PAYMENT OF THE GRANT.
27 (C) SALE.--BONDS MAY BE SOLD AT PUBLIC SALE OR INVITED SALE
28 FOR SUCH PRICE OR PRICES AND AT SUCH RATE OR RATES OF INTEREST
29 AS THE AUTHORITY SHALL DETERMINE. BONDS MAY BE SOLD AT PRIVATE
30 SALE BY NEGOTIATION AT SUCH PRICE OR PRICES AND AT SUCH RATE OR
19930H0878B1976 - 68 -
1 RATES OF INTEREST AS THE AUTHORITY SHALL DETERMINE, BUT ONLY IF
2 THE AUTHORITY MAKES A WRITTEN PUBLIC EXPLANATION OF THE
3 CIRCUMSTANCES AND JUSTIFICATION FOR THE PRIVATE SALE BY
4 NEGOTIATION. PENDING THE PREPARATION OF THE DEFINITIVE BONDS,
5 INTERIM RECEIPTS MAY BE ISSUED TO THE PURCHASER OR PURCHASERS OF
6 SUCH BONDS AND MAY CONTAIN SUCH TERMS AND CONDITIONS AS THE
7 AUTHORITY MAY DETERMINE.
8 (D) NEGOTIABLE INSTRUMENTS.--BONDS OF AN AUTHORITY SHALL
9 HAVE THE QUALITIES OF NEGOTIABLE INSTRUMENTS UNDER TITLE 13
10 (RELATING TO COMMERCIAL CODE).
11 (E) REFUNDING.--
12 (1) SUBJECT TO THE PROVISIONS OF THE OUTSTANDING BONDS,
13 NOTES OR OTHER OBLIGATIONS ISSUED UNDER THIS CHAPTER OR PRIOR
14 ACTS AND SUBJECT TO THE PROVISIONS OF THIS CHAPTER, THE
15 AUTHORITY SHALL HAVE THE RIGHT AND POWER TO REFUND ANY
16 OUTSTANDING DEBT, WHETHER THE DEBT REPRESENTS PRINCIPAL OR
17 INTEREST, IN WHOLE OR IN PART, AT ANY TIME.
18 (2) AS USED IN THIS SUBSECTION, "REFUND" AND ITS
19 VARIATIONS SHALL MEAN THE ISSUANCE AND SALE OF OBLIGATIONS
20 THE PROCEEDS OF WHICH ARE USED OR ARE TO BE USED FOR THE
21 PAYMENT OR REDEMPTION OF OUTSTANDING OBLIGATIONS UPON OR
22 PRIOR TO MATURITY. REFUNDING BONDS SHALL MATURE AT SUCH TIME
23 OR TIMES NOT EXCEEDING 40 YEARS FROM THEIR DATES OF ORIGINAL
24 ISSUANCE AS THE AUTHORITY SHALL DETERMINE BY RESOLUTION.
25 (F) CREDIT OF COMMONWEALTH AND POLITICAL SUBDIVISIONS NOT
26 PLEDGED.--UNDER NO CIRCUMSTANCES SHALL ANY BONDS ISSUED BY THE
27 AUTHORITY OR ANY OTHER OBLIGATION OF THE AUTHORITY BE OR BECOME
28 AN INDEBTEDNESS OR LIABILITY OF THE COMMONWEALTH OR OF ANY
29 GOVERNMENT AGENCY, PROVIDED THAT ANY GOVERNMENT AGENCY MAY
30 GUARANTEE BONDS OF AN AUTHORITY TO THE EXTENT AND FOR THE
19930H0878B1976 - 69 -
1 PURPOSES FOR WHICH THE GOVERNMENT AGENCY MAY MAKE LOANS OR
2 GRANTS TO AN AUTHORITY.
3 (G) NONLIABILITY.--NEITHER THE BOARD MEMBERS, ANY EMPLOYEES
4 OF THE AUTHORITY NOR ANY PERSON EXECUTING THE BONDS SHALL BE
5 LIABLE PERSONALLY ON ANY BONDS BY REASON OF THE ISSUANCE
6 THEREOF. BONDS OF AN AUTHORITY SHALL CONTAIN A STATEMENT OF THE
7 LIMITATION SET FORTH IN THIS SUBSECTION.
8 (H) BONDS DEEMED VALID.--ANY BOND RECITING IN SUBSTANCE THAT
9 IT HAS BEEN ISSUED BY THE AUTHORITY TO ACCOMPLISH THE PUBLIC
10 PURPOSES OF THIS SUBCHAPTER SHALL BE CONCLUSIVELY DEEMED IN ANY
11 SUIT, ACTION OR PROCEEDING INVOLVING THE VALIDITY OR
12 ENFORCEABILITY OF THE BONDS OR SECURITY THEREFOR TO HAVE BEEN
13 ISSUED FOR SUCH PURPOSE.
14 (I) NOTICE AND CHALLENGES.--
15 (1) THE AUTHORITY MAY CAUSE A COPY OF ANY RESOLUTION
16 AUTHORIZING THE ISSUANCE OF BONDS ADOPTED BY IT TO BE FILED
17 FOR PUBLIC INSPECTION IN ITS OFFICE AND IN THE OFFICE OF THE
18 CLERK OF THE GOVERNING BODY OF EACH COUNTY AND THE GOVERNING
19 BODY OF THE CITY OF THE FIRST CLASS WITHIN ITS SERVICE AREA
20 AND MAY THEREUPON CAUSE TO BE PUBLISHED IN A NEWSPAPER
21 PUBLISHED OR CIRCULATING IN ITS SERVICE AREA A NOTICE STATING
22 THE FACT AND DATE OF THE ADOPTION, THE PLACES WHERE THE
23 RESOLUTION HAS BEEN SO FILED FOR PUBLIC INSPECTION, THE DATE
24 OF PUBLICATION OF THE NOTICE AND THAT ANY ACTION OR
25 PROCEEDING OF ANY KIND OR NATURE IN ANY COURT QUESTIONING THE
26 VALIDITY OR PROPER AUTHORIZATION OF BONDS PROVIDED FOR BY THE
27 RESOLUTION, OR THE VALIDITY OF ANY COVENANTS, AGREEMENTS OR
28 CONTRACT PROVIDED FOR BY SUCH RESOLUTION, SHALL BE COMMENCED
29 WITHIN 20 DAYS AFTER THE PUBLICATION OF THE NOTICE.
30 (2) IF ANY NOTICE SHALL AT ANY TIME BE PUBLISHED AND IF
19930H0878B1976 - 70 -
1 NO ACTION OR PROCEEDING QUESTIONING THE VALIDITY OR PROPER
2 AUTHORIZATION OF BONDS PROVIDED FOR BY THE RESOLUTION, OR THE
3 VALIDITY OF ANY COVENANTS, AGREEMENTS OR CONTRACT PROVIDED
4 FOR BY SUCH RESOLUTION, SHALL BE COMMENCED WITHIN 20 DAYS
5 AFTER THE PUBLICATION OF THE NOTICE, THEN ALL RESIDENTS,
6 TAXPAYERS AND OWNERS OF PROPERTY IN THE SERVICE AREA AND
7 USERS OF THE TRANSPORTATION SYSTEM OF THE AUTHORITY AND ALL
8 OTHER PERSONS WHATSOEVER SHALL BE FOREVER BARRED AND
9 FORECLOSED FROM INSTITUTING OR COMMENCING ANY ACTION OR
10 PROCEEDING IN ANY COURT, OR PLEADING ANY DEFENSE TO ANY
11 ACTION OR PROCEEDINGS, QUESTIONING THE VALIDITY OR PROPER
12 AUTHORIZATION OF SUCH BONDS, OR THE VALIDITY OF ANY SUCH
13 COVENANTS, AGREEMENTS OR CONTRACTS AND SAID BONDS, COVENANTS,
14 AGREEMENTS AND CONTRACTS, SHALL BE CONCLUSIVELY DEEMED TO BE
15 VALID AND BINDING OBLIGATIONS IN ACCORDANCE WITH THEIR TERMS
16 AND TENOR.
17 (3) AFTER ISSUANCE OF BONDS, ALL BONDS SHALL BE
18 CONCLUSIVELY PRESUMED TO BE FULLY AUTHORIZED AND ISSUED BY
19 ALL THE LAWS OF THIS COMMONWEALTH, AND ANY PERSON SHALL BE
20 ESTOPPED FROM QUESTIONING THEIR SALE, EXECUTION OR DELIVERY
21 BY THE AUTHORITY.
22 § 1764. CONTRACTS WITH OBLIGEES OF AN AUTHORITY.
23 EXCEPT AS OTHERWISE PROVIDED IN ANY RESOLUTION OF AN
24 AUTHORITY AUTHORIZING OR AWARDING BONDS, THE TERMS THEREOF AND
25 OF THIS CHAPTER AS IN EFFECT WHEN THE BONDS WERE AUTHORIZED
26 SHALL CONSTITUTE A CONTRACT BETWEEN THE AUTHORITY AND OBLIGEES
27 OF THE AUTHORITY, SUBJECT TO MODIFICATION IN SUCH MANNER AS THE
28 RESOLUTION, THE TRUST INDENTURE SECURING SUCH BONDS OR THE BONDS
29 SHALL PROVIDE.
30 § 1765. COMMONWEALTH PLEDGES.
19930H0878B1976 - 71 -
1 (A) LIMITATION OF POWERS.--
2 (1) THE COMMONWEALTH DOES HEREBY PLEDGE TO AND AGREE
3 WITH ANY PERSON, FIRM OR CORPORATION, GOVERNMENT AGENCY,
4 WHETHER IN THIS COMMONWEALTH OR ELSEWHERE, OR FEDERAL AGENCY
5 SUBSCRIBING TO OR ACQUIRING THE BONDS TO BE ISSUED BY THE
6 AUTHORITY THAT THE COMMONWEALTH WILL NOT LIMIT OR ALTER THE
7 RIGHTS HEREBY VESTED IN THE AUTHORITY IN ANY MANNER
8 INCONSISTENT WITH THE OBLIGATIONS OF THE AUTHORITY TO THE
9 OBLIGEES OF THE AUTHORITY UNTIL ALL BONDS AT ANY TIME ISSUED,
10 TOGETHER WITH THE INTEREST THEREON, ARE FULLY PAID OR
11 PROVIDED FOR. THE COMMONWEALTH DOES FURTHER PLEDGE TO AND
12 AGREE WITH ANY FEDERAL AGENCY THAT, IN THE EVENT THAT ANY
13 FEDERAL AGENCY SHALL CONTRIBUTE ANY FUNDS FOR THE AUTHORITY
14 OR ANY PROJECT, THE COMMONWEALTH WILL NOT ALTER OR LIMIT THE
15 RIGHTS AND POWERS OF THE AUTHORITY IN ANY MANNER WHICH WOULD
16 BE INCONSISTENT WITH THE DUE PERFORMANCE OF ANY AGREEMENTS
17 BETWEEN THE AUTHORITY AND ANY FEDERAL AGENCY.
18 (2) THE COMMONWEALTH DOES HEREBY PLEDGE TO AND AGREE
19 WITH ANY PERSON WHO, AS OWNER THEREOF, LEASES OR SUBLEASES
20 PROPERTY TO OR FROM AN AUTHORITY THAT THE COMMONWEALTH WILL
21 NOT LIMIT OR ALTER THE RIGHTS AND POWERS HEREBY VESTED IN THE
22 AUTHORITY OR OTHERWISE CREATED BY THIS ACT IN ANY MANNER
23 WHICH IMPAIRS THE OBLIGATIONS OF THE AUTHORITY UNTIL ALL
24 OBLIGATIONS OF THE AUTHORITY UNDER THE LEASE OR SUBLEASE ARE
25 FULLY MET AND DISCHARGED.
26 (B) TAX PROCEEDS.--IF AND TO THE EXTENT THAT THE AUTHORITY
27 PLEDGES ITS SHARE OF THE PROCEEDS OF A TAX AUTHORIZED BY LAW TO
28 BE LEVIED FOR AUTHORITY PURPOSES OR MADE AVAILABLE FOR USE BY
29 THE AUTHORITY AS SECURITY FOR THE PAYMENT OF BONDS ISSUED BY THE
30 AUTHORITY, THE COMMONWEALTH DOES HEREBY PLEDGE TO AND AGREE WITH
19930H0878B1976 - 72 -
1 ANY PERSON, FIRM OR CORPORATION, GOVERNMENT AGENCY, WHETHER IN
2 THIS COMMONWEALTH OR ELSEWHERE, OR FEDERAL AGENCY SUBSCRIBING TO
3 OR ACQUIRING SUCH BONDS TO BE ISSUED BY THE AUTHORITY THAT THE
4 COMMONWEALTH ITSELF WILL NOT, NOR WILL IT AUTHORIZE ANY
5 GOVERNMENT ENTITY LEVYING SUCH TAX TO, ABOLISH OR TO REDUCE THE
6 RATE OF TAX IMPOSED FOR AUTHORITY PURPOSES OR MADE AVAILABLE FOR
7 USE BY THE AUTHORITY UNTIL ALL BONDS SO SECURED BY THE PLEDGE OF
8 THE AUTHORITY, TOGETHER WITH THE INTEREST THEREON, ARE FULLY
9 PAID OR PROVIDED FOR.
10 § 1766. PROVISIONS OF BONDS AND TRUST INDENTURES.
11 IN CONNECTION WITH THE ISSUANCE OF BONDS OR THE INCURRING OF
12 OBLIGATIONS UNDER LEASES, AND IN ORDER TO SECURE THE PAYMENT OF
13 THE BONDS AND OBLIGATIONS, THE AUTHORITY, IN ADDITION TO ITS
14 OTHER POWERS, SHALL HAVE THE POWER TO:
15 (1) PLEDGE OR GRANT A SECURITY INTEREST, SENIOR, PARITY
16 OR SUBORDINATED, IN ALL OR ANY PART OF ITS REVENUES,
17 INCLUDING, BUT NOT LIMITED TO, THE PROCEEDS OF ANY TAX LEVIED
18 FOR THE PURPOSES OF OR MADE AVAILABLE FOR USE BY THE
19 AUTHORITY, TO WHICH ITS RIGHT THEN EXISTS OR MAY THEREAFTER
20 COME INTO EXISTENCE.
21 (2) GRANT A LIEN ON OR A SECURITY INTEREST IN, SENIOR,
22 PARITY OR SUBORDINATED, IN ALL OR ANY PART OF ITS REAL OR
23 PERSONAL PROPERTY THEN OWNED OR THEREAFTER ACQUIRED,
24 PROVIDED, HOWEVER, THAT NO SUCH LIEN SHALL EXTEND TO REAL
25 PROPERTY OF AN AUTHORITY COMPRISING RIGHTS-OF-WAY, EASEMENTS
26 OR ANY OTHER INTERESTS IN REAL PROPERTY USED OR USEFUL FOR
27 PASSAGE OF TRANSPORTATION VEHICLES OR NECESSARY FOR THE SAFE
28 AND SOUND ROUTING OR CONTROL OF TRANSPORTATION VEHICLES.
29 (3) PROVIDE FOR THE ISSUANCE OF UNSECURED BONDS, LIMITED
30 RECOURSE BONDS OR NONRECOURSE BONDS.
19930H0878B1976 - 73 -
1 (4) ENTER INTO TRUST INDENTURES SECURING BONDS,
2 INCLUDING, BUT NOT LIMITED TO, MASTER TRUST INDENTURES.
3 (5) COVENANT AGAINST PLEDGING OR GRANTING A LIEN ON OR
4 SECURITY INTEREST IN ALL OR ANY PART OF ITS REVENUES OR ALL
5 OR ANY PART OF ITS REAL OR PERSONAL PROPERTY TO WHICH ITS
6 RIGHT OR TITLE EXISTS OR MAY THEREAFTER COME INTO EXISTENCE,
7 OR AGAINST PERMITTING OR SUFFERING ANY LIEN ON THE REVENUES
8 OR PROPERTY, COVENANT WITH RESPECT TO LIMITATIONS ON ITS
9 RIGHT TO SELL, LEASE OR OTHERWISE DISPOSE OF ANY OF ITS REAL
10 PROPERTY AND COVENANT AS TO WHICH OTHER OR ADDITIONAL DEBTS
11 OR OBLIGATIONS MAY BE INCURRED BY IT.
12 (6) COVENANT AS TO THE BONDS TO BE ISSUED AND AS TO THE
13 ISSUANCE OF SUCH BONDS, IN ESCROW OR OTHERWISE, AND AS TO THE
14 USE AND DISPOSITION OF THE PROCEEDS THEREOF, PROVIDE FOR THE
15 REPLACEMENT OF LOST, DESTROYED OR MUTILATED BONDS, COVENANT
16 AGAINST EXTENDING THE TIME FOR THE PAYMENT OF ITS BONDS OR
17 INTEREST THEREON AND COVENANT FOR THE REDEMPTION OF BONDS AND
18 PROVIDE THE TERMS AND CONDITIONS THEREOF.
19 (7) COVENANT AS TO THE AMOUNT OF REVENUES TO BE RAISED
20 IN EACH FISCAL YEAR OR OTHER PERIOD OF TIME BY THE AUTHORITY,
21 AS WELL AS TO THE USE AND DISPOSITION TO BE MADE THEREOF,
22 CREATE OR AUTHORIZE THE CREATION OF SPECIAL FUNDS FOR DEBT
23 SERVICE OR OTHER PURPOSES AND COVENANT AS TO THE USE AND
24 DISPOSITION OF THE MONEYS HELD IN SUCH FUNDS.
25 (8) PRESCRIBE THE PROCEDURE, IF ANY, BY WHICH THE TERMS
26 OF ANY CONTRACT WITH OBLIGEES OF THE AUTHORITY MAY BE
27 SUPPLEMENTED, AMENDED OR ABROGATED, PRESCRIBE WHICH
28 SUPPLEMENTS OR AMENDMENTS WILL REQUIRE THE CONSENT OF
29 OBLIGEES OF THE AUTHORITY AND THE AMOUNT OF BONDS TO BE HELD
30 BY OBLIGEES TO EFFECT SUCH CONSENT AND PRESCRIBE THE MANNER
19930H0878B1976 - 74 -
1 IN WHICH SUCH CONSENT MAY BE GIVEN.
2 (9) COVENANT AS TO THE USE OF ANY OR ALL OF ITS REAL OR
3 PERSONAL PROPERTY, WARRANT ITS TITLE AND COVENANT AS TO THE
4 MAINTENANCE OF ITS REAL AND PERSONAL PROPERTY, THE
5 REPLACEMENT THEREOF, THE INSURANCE TO BE CARRIED THEREON AND
6 THE USE AND DISPOSITION OF INSURANCE PROCEEDS.
7 (10) COVENANT AS TO THE RIGHTS, LIABILITIES, POWERS AND
8 DUTIES ARISING UPON THE BREACH BY IT OF ANY COVENANT,
9 CONDITION OR OBLIGATION, PROVIDED THAT THE AUTHORITY SHALL
10 NOT BE PERMITTED TO COVENANT THAT UPON SUCH BREACH ANY OR ALL
11 OF ITS BONDS OR OBLIGATIONS THE PAYMENT OF WHICH IS SECURED
12 SOLELY BY A PLEDGE OF OR SECURITY INTEREST IN THE PROCEEDS OF
13 A TAX AUTHORIZED BY LAW TO BE LEVIED FOR AUTHORITY PURPOSES
14 OR MADE AVAILABLE BY AN AUTHORITY SHALL BECOME OR MAY BE
15 DECLARED DUE BEFORE THE STATED MATURITY THEREOF.
16 (11) VEST IN THE OBLIGEES OF THE AUTHORITY, OR ANY
17 PROPORTION OF THEM, THE RIGHT TO ENFORCE THE PAYMENT OF THE
18 BONDS OR ANY COVENANTS SECURING OR RELATING TO THE BONDS;
19 VEST IN A TRUSTEE THE RIGHT, IN THE EVENT OF DEFAULT BY THE
20 AUTHORITY, TO TAKE POSSESSION AND USE, OPERATE AND MANAGE ANY
21 REAL OR PERSONAL PROPERTY AND TO COLLECT THE RENTS AND
22 REVENUES ARISING THEREFROM AND TO DISPOSE OF SUCH MONEYS IN
23 ACCORDANCE WITH THE AGREEMENT OF THE AUTHORITY WITH SUCH
24 TRUSTEE; PROVIDE FOR THE POWERS AND DUTIES OF A TRUSTEE AND
25 TO LIMIT LIABILITIES THEREOF; AND PROVIDE THE TERMS AND
26 CONDITIONS UPON WHICH THE TRUSTEE OR THE OBLIGEES OF THE
27 AUTHORITY, OR ANY PROPORTION OF THEM, MAY ENFORCE ANY
28 COVENANT OR RIGHTS SECURING OR RELATING TO THE BONDS.
29 (12) NEGOTIATE AND ENTER INTO INTEREST RATE EXCHANGE
30 AGREEMENTS, INTEREST RATE CAP, COLLAR, CORRIDOR, CEILING AND
19930H0878B1976 - 75 -
1 FLOOR AGREEMENTS, FORWARD AGREEMENTS, FLOAT AGREEMENTS AND
2 OTHER SIMILAR ARRANGEMENTS WHICH, IN THE JUDGMENT OF THE
3 AUTHORITY, WILL ASSIST THE AUTHORITY IN MANAGING THE INTEREST
4 COSTS OF THE AUTHORITY.
5 (13) OBTAIN LETTERS OF CREDIT, BOND INSURANCE AND OTHER
6 FACILITIES FOR CREDIT ENHANCEMENT AND LIQUIDITY.
7 (14) EXERCISE ALL OR ANY PART OR COMBINATION OF THE
8 POWERS GRANTED IN THIS SECTION TO MAKE COVENANTS OTHER THAN
9 AND IN ADDITION TO THE COVENANTS EXPRESSLY AUTHORIZED IN THIS
10 SECTION, TO MAKE SUCH COVENANTS AND TO DO ANY AND ALL SUCH
11 ACTS AND THINGS AS MAY BE NECESSARY OR CONVENIENT OR
12 DESIRABLE IN ORDER TO SECURE ITS BONDS, OR, IN THE ABSOLUTE
13 DISCRETION OF THE AUTHORITY, AS WILL TEND TO ACCOMPLISH THE
14 PURPOSES OF THIS CHAPTER, BY MAKING THE BONDS MORE MARKETABLE
15 NOTWITHSTANDING THAT SUCH COVENANTS, ACTS OR THINGS MAY NOT
16 BE SPECIFICALLY ENUMERATED IN THIS SECTION.
17 (15) EXCEPT AS SPECIFICALLY AUTHORIZED BY THIS CHAPTER,
18 THE REAL PROPERTY OF THE AUTHORITY SHALL NOT BE MORTGAGED AND
19 SHALL NOT BE SUBJECT TO ATTACHMENT NOR LEVIED UPON BY
20 EXECUTION OR OTHERWISE. THE REVENUES OF THE AUTHORITY AND
21 THE REAL AND TANGIBLE PERSONAL PROPERTY OF THE AUTHORITY
22 SHALL BE PLEDGED OR OTHERWISE ENCUMBERED ONLY AS EXPRESSLY
23 PROVIDED IN THIS SECTION AND, EXCEPT TO THE EXTENT NECESSARY
24 TO EFFECTUATE SUCH PLEDGE OR ENCUMBRANCE, SHALL NOT BE
25 SUBJECT TO ATTACHMENT NOR LEVIED UPON BY EXECUTION OR
26 OTHERWISE.
27 § 1767. BONDS TO BE LEGAL INVESTMENTS.
28 BONDS ISSUED UNDER THIS CHAPTER ARE HEREBY MADE SECURITIES IN
29 WHICH ALL PUBLIC OFFICERS AND THE INSTRUMENTALITIES AND AGENCIES
30 OF THE COMMONWEALTH AND ITS POLITICAL SUBDIVISIONS, ALL
19930H0878B1976 - 76 -
1 INSURANCE COMPANIES, BANKS, BANK AND TRUST COMPANIES, TRUST
2 COMPANIES, BANKING ASSOCIATIONS, BANKING CORPORATIONS, SAVINGS
3 BANKS, INVESTMENT COMPANIES, EXECUTORS, TRUSTEES, THE TRUSTEES
4 OF ANY RETIREMENT, PENSION OR ANNUITY FUND OR SYSTEM OF THE
5 COMMONWEALTH AND OTHER FIDUCIARIES MAY PROPERLY AND LEGALLY
6 INVEST FUNDS, INCLUDING CAPITAL, DEPOSITS OR OTHER FUNDS IN
7 THEIR CONTROL OR BELONGING TO THEM. THESE BONDS ARE HEREBY MADE
8 SECURITIES WHICH MAY PROPERLY AND LEGALLY BE DEPOSITED WITH AND
9 RECEIVED BY ANY COMMONWEALTH OR MUNICIPAL OFFICER OR ANY AGENCY
10 OR INSTRUMENTALITY OR POLITICAL SUBDIVISION OF THE COMMONWEALTH
11 FOR ANY PURPOSE FOR WHICH THE DEPOSIT OF BONDS OR OTHER
12 OBLIGATIONS OF THE COMMONWEALTH NOW OR MAY HEREAFTER BE
13 AUTHORIZED BY LAW.
14 § 1768. RIGHTS AND REMEDIES.
15 (A) ADDITIONAL RIGHTS.--AN OBLIGEE OF AN AUTHORITY SHALL
16 HAVE THE RIGHT, IN ADDITION TO ALL OTHER RIGHTS WHICH MAY BE
17 CONFERRED ON THE OBLIGEE, SUBJECT ONLY TO ANY CONTRACTUAL
18 RESTRICTIONS BINDING UPON THE OBLIGEE:
19 (1) BY MANDAMUS, SUIT, ACTION OR PROCEEDING AT LAW OR IN
20 EQUITY, TO COMPEL THE AUTHORITY AND THE MEMBERS, OFFICERS,
21 AGENTS OR EMPLOYEES THEREOF TO PERFORM EACH AND EVERY TERM,
22 PROVISION AND COVENANT CONTAINED IN ANY BOND OR CONTRACT OF
23 THE AUTHORITY WITH OR FOR THE BENEFIT OF THE OBLIGEE AND TO
24 REQUIRE THE CARRYING OUT OF ANY OR ALL COVENANTS AND
25 AGREEMENTS OF THE AUTHORITY AND THE FULFILLMENT OF ALL DUTIES
26 IMPOSED UPON THE AUTHORITY BY THIS CHAPTER.
27 (2) BY PROCEEDING IN EQUITY, TO OBTAIN AN INJUNCTION
28 AGAINST ANY ACTS OR THINGS WHICH MAY BE UNLAWFUL OR THE
29 VIOLATION OF ANY OF THE RIGHTS OF THE OBLIGEE OF THE
30 AUTHORITY.
19930H0878B1976 - 77 -
1 (3) TO REQUIRE THE AUTHORITY TO ACCOUNT AS IF IT WERE
2 THE TRUSTEE OF AN EXPRESS TRUST FOR THE OBLIGEES OF THE
3 AUTHORITY FOR ANY PLEDGED REVENUES RECEIVED.
4 (4) TO ENFORCE A PLEDGE OF OR SECURITY INTEREST IN
5 REVENUES OF THE AUTHORITY SECURING PAYMENT OF THE BONDS
6 AGAINST ALL COMMONWEALTH AND LOCAL PUBLIC OFFICIALS IN
7 POSSESSION OF ANY REVENUES AT ANY TIME, WHICH REVENUES MAY BE
8 COLLECTED DIRECTLY FROM SUCH OFFICIALS UPON NOTICE BY THE
9 OBLIGEE OF THE AUTHORITY OR A TRUSTEE FOR APPLICATION TO THE
10 PAYMENT OF THE BONDS AS AND WHEN DUE FOR DEPOSITS IN ANY
11 SINKING, BOND OR DEBT SERVICE FUND ESTABLISHED WITH THE
12 TRUSTEE AT THE TIMES AND IN THE AMOUNTS SPECIFIED IN THE
13 BONDS OR THE RESOLUTION OR INDENTURE OR TRUST AGREEMENT
14 SECURING THE BONDS. ANY COMMONWEALTH OR LOCAL PUBLIC OFFICIAL
15 IN POSSESSION OF ANY REVENUES SHALL MAKE PAYMENT AGAINST
16 RECEIPT AND SHALL THEREBY BE DISCHARGED FROM ANY FURTHER
17 LIABILITY OR RESPONSIBILITY FOR THE REVENUES. IF THE PAYMENT
18 SHALL BE TO AN OBLIGEE OF THE AUTHORITY, IT SHALL BE MADE
19 AGAINST SURRENDER OF THE BONDS TO THE PAYOR FOR DELIVERY TO
20 THE AUTHORITY IN THE CASE OF PAYMENT IN FULL; OTHERWISE, IT
21 SHALL BE MADE AGAINST PRODUCTION OF THE BONDS FOR NOTATION
22 THEREON OF THE AMOUNT OF THE PAYMENT. THE PROVISIONS OF THIS
23 SECTION WITH RESPECT TO THE ENFORCEABILITY AND COLLECTION OF
24 REVENUES WHICH SECURE BONDS OF THE AUTHORITY SHALL SUPERSEDE
25 ANY CONTRARY OR INCONSISTENT STATUTORY PROVISION OR RULE OF
26 LAW.
27 (B) APPLICATION OF SECTION.--THIS SECTION SHALL BE CONSTRUED
28 AND APPLIED TO FULFILL THE LEGISLATIVE PURPOSE OF CLARIFYING AND
29 FACILITATING THE FINANCING OF THE AUTHORITY OF THE COSTS OF ITS
30 TRANSPORTATION SYSTEM BY ASSURING TO THE OBLIGEES OF THE
19930H0878B1976 - 78 -
1 AUTHORITY THE FULL AND IMMEDIATE BENEFIT OF THE SECURITY
2 THEREFOR WITHOUT DELAY, DIMINUTION OR INTERFERENCE BASED ON ANY
3 STATUTE, DECISION, ORDINANCE OR ADMINISTRATIVE RULE OR PRACTICE.
4 § 1769. ADDITIONAL REMEDIES CONFERRABLE BY AN AUTHORITY.
5 AN AUTHORITY SHALL HAVE POWER, BY ITS RESOLUTION, TRUST
6 INDENTURE OR LOAN OR LEASE AGREEMENT, TO CONFER UPON ANY
7 OBLIGEES HOLDING OR REPRESENTING A SPECIFIED PERCENTAGE OF
8 BONDS, OR UPON ANY BOND INSURER OR PROVIDER OF A LETTER OF
9 CREDIT OR OTHER CREDIT OR LIQUIDITY FACILITY, THE RIGHT, IN
10 ADDITION TO ALL RIGHTS THAT MAY OTHERWISE BE CONFERRED, UPON THE
11 HAPPENING OF AN EVENT OF DEFAULT OR SUCH PARTICULAR EVENTS OF
12 DEFAULT AS MAY BE SPECIFIED IN SUCH RESOLUTION OR INSTRUMENT, BY
13 SUIT, ACTION OR PROCEEDING IN ANY COURT OF COMPETENT
14 JURISDICTION TO OBTAIN THE APPOINTMENT OF A RECEIVER OF ANY REAL
15 PROPERTY OR PERSONAL PROPERTY OR LEASEHOLD INTEREST OF THE
16 AUTHORITY AND OF THE RENTS AND PROFITS THEREFROM. IF A RECEIVER
17 IS APPOINTED, THE RECEIVER MAY ENTER AND TAKE POSSESSION OF SUCH
18 REAL PROPERTY OR ANY LEASEHOLD INTEREST, OPERATE THE SAME AND
19 COLLECT AND RECEIVE ALL REVENUES OR OTHER INCOME THEREAFTER
20 ARISING THEREFROM AND SHALL KEEP SUCH MONEYS IN A SEPARATE
21 ACCOUNT AND APPLY THE SAME IN ACCORDANCE WITH THE OBLIGATIONS OF
22 THE AUTHORITY AS THE COURT SHALL DIRECT. NOTHING IN THIS SECTION
23 OR ANY OTHER SECTION OF THIS CHAPTER SHALL AUTHORIZE ANY
24 RECEIVER APPOINTED UNDER THIS CHAPTER FOR THE PURPOSE OF
25 OPERATING AND MAINTAINING ANY FACILITIES OF THE AUTHORITY TO
26 SELL, ASSIGN, MORTGAGE OR OTHERWISE DISPOSE OF ANY OF THE
27 ASSETS, OF WHATEVER KIND OR CHARACTER, BELONGING TO THE
28 AUTHORITY, EXCEPT FOR THE SALE OR OTHER DISPOSITION OF MOVEABLE
29 EQUIPMENT OR OTHER TANGIBLE PERSONAL PROPERTY IN THE ORDINARY
30 COURSE OF BUSINESS OR THE SALE OR DISPOSITION OF REAL OR
19930H0878B1976 - 79 -
1 PERSONAL PROPERTY TO THE EXTENT IT IS PLEDGED TO SECURE THE
2 AUTHORITY'S BONDS. IT IS THE INTENTION OF THIS CHAPTER TO LIMIT
3 THE POWERS OF THE RECEIVER TO THE OPERATION AND MAINTENANCE OF
4 THE FACILITIES OF THE AUTHORITY AS THE COURT SHALL DIRECT, AND
5 NO OBLIGEE OF THE AUTHORITY SHALL EVER HAVE THE RIGHT IN ANY
6 SUIT, ACTION OR PROCEEDING, AT LAW OR IN EQUITY, TO COMPEL A
7 RECEIVER, NOR SHALL ANY RECEIVER EVER BE AUTHORIZED OR ANY COURT
8 BE EMPOWERED TO DIRECT THE RECEIVER, TO SELL, ASSIGN, MORTGAGE
9 OR OTHERWISE DISPOSE OF ANY ASSETS, OF WHATEVER KIND OR
10 CHARACTER, BELONGING TO THE AUTHORITY, EXCEPT FOR THE
11 EXPENDITURE OF FUNDS AND THE SALE OR OTHER DISPOSITION OF
12 MOVEABLE EQUIPMENT OR OTHER TANGIBLE PERSONAL PROPERTY IN THE
13 ORDINARY COURSE OF BUSINESS OR THE SALE OR DISPOSITION OF REAL
14 OR PERSONAL PROPERTY TO THE EXTENT IT IS PLEDGED TO SECURE THE
15 AUTHORITY'S BONDS.
16 § 1770. VALIDITY OF PLEDGE.
17 ANY PLEDGE OF OR GRANT OF A LIEN ON OR SECURITY INTEREST IN
18 REVENUES OF AN AUTHORITY OR REAL OR PERSONAL PROPERTY OF AN
19 AUTHORITY MADE BY AN AUTHORITY SHALL BE VALID AND BINDING FROM
20 THE TIME WHEN THE PLEDGE IS MADE, THE REVENUES OR OTHER PROPERTY
21 SO PLEDGED AND THEREAFTER RECEIVED BY THE AUTHORITY MAKING SUCH
22 PLEDGE SHALL IMMEDIATELY BE SUBJECT TO THE LIEN OF ANY SUCH
23 PLEDGE, LIEN OR SECURITY INTEREST WITHOUT ANY PHYSICAL DELIVERY
24 THEREOF OR FURTHER ACT, AND THE LIEN OF ANY SUCH PLEDGE OR
25 SECURITY INTEREST SHALL BE VALID AND BINDING AS AGAINST ALL
26 PARTIES HAVING CLAIMS OF ANY KIND IN TORT, CONTRACT OR OTHERWISE
27 AGAINST THE AUTHORITY IRRESPECTIVE OF WHETHER THE PARTIES HAVE
28 NOTICE THEREOF. NEITHER THE RESOLUTION NOR ANY OTHER INSTRUMENT
29 OF THE AUTHORITY BY WHICH A PLEDGE, LIEN OR SECURITY INTEREST IS
30 CREATED NEED BE RECORDED OR FILED TO PERFECT SUCH PLEDGE OR
19930H0878B1976 - 80 -
1 SECURITY INTEREST.
2 § 1771. SECURITY INTEREST IN FUNDS AND ACCOUNTS.
3 ANY MONEYS DEPOSITED IN ANY FUND CREATED BY THE AUTHORITY
4 PLEDGED TO BE USED TO PAY DEBT SERVICE ON BONDS OF THE
5 AUTHORITY, INCLUDING ANY SINKING FUND OR DEBT SERVICE RESERVE
6 FUND, AND ALL INVESTMENTS AND PROCEEDS OF INVESTMENTS THEREOF,
7 SHALL, WITHOUT FURTHER ACTION OR FILING, BE SUBJECTED TO A
8 PERFECTED SECURITY INTEREST FOR THE OBLIGEES OF THE AUTHORITY
9 WITH RESPECT TO THE BONDS UNTIL SUCH MONEYS OR INVESTMENTS SHALL
10 BE PROPERLY DISBURSED IN ACCORDANCE WITH THIS CHAPTER AND
11 SUBJECT TO THE TERMS OF ANY TRUST INDENTURE OR OTHER CONTRACT
12 BETWEEN THE AUTHORITY AND THE OBLIGEES OF THE AUTHORITY WITH
13 RESPECT TO THE BONDS.
14 § 1772. PAYMENT OF PROCEEDS OF TAX LEVIED FOR AUTHORITY
15 PURPOSES.
16 THE PROCEEDS OF ANY TAX LEVIED FOR AUTHORITY PURPOSES OR MADE
17 AVAILABLE FOR USE BY THE AUTHORITY AND COLLECTED BY THE
18 DEPARTMENT OF REVENUE, WHICH TAX PROCEEDS SHALL HAVE BEEN
19 PLEDGED BY AN AUTHORITY TO SECURE ITS BONDS, SHALL BE
20 TRANSFERRED BY THE STATE TREASURER TO OR UPON THE ORDER OF THE
21 AUTHORITY AT THE TIMES PROVIDED BY LAW, SUBJECT TO ANY
22 LIMITATIONS SET FORTH IN THE RESOLUTION OF THE AUTHORITY
23 AUTHORIZING THE BONDS.
24 § 1773. LIMITATION ON AUTHORITY UNDER FEDERAL BANKRUPTCY CODE.
25 SO LONG AS AN AUTHORITY SHALL HAVE OUTSTANDING ANY BONDS
26 ISSUED UNDER THIS CHAPTER, THE AUTHORITY SHALL NOT BE AUTHORIZED
27 TO FILE A PETITION FOR RELIEF UNDER 11 U.S.C. CHAPTER 9
28 (RELATING TO ADJUSTMENT OF DEBTS OF A MUNICIPALITY), AND NO
29 PUBLIC OFFICER OR AGENCY OR INSTRUMENTALITY OF THE COMMONWEALTH
30 SHALL AUTHORIZE THE AUTHORITY TO BECOME A DEBTOR UNDER 11 U.S.C.
19930H0878B1976 - 81 -
1 CHAPTER 9 SO LONG AS ANY BONDS ISSUED UNDER THIS CHAPTER ARE
2 OUTSTANDING.
3 SUBCHAPTER E
4 MISCELLANEOUS PROVISIONS
5 SEC.
6 1781. EXEMPTION FROM TAXATION.
7 1782. RIGHTS AND REMEDIES PRESERVED.
8 1783. OFFICERS AND EMPLOYEES CONTINUED.
9 1784. CONTINUANCE OF BONDS.
10 1785. REPEAL.
11 § 1781. EXEMPTION FROM TAXATION.
12 THE EFFECTUATION OF THE AUTHORIZED PURPOSES OF AN AUTHORITY
13 CREATED OR CONTINUED UNDER THIS CHAPTER SHALL AND WILL BE IN ALL
14 RESPECTS FOR THE BENEFIT OF THE PEOPLE OF THIS COMMONWEALTH, FOR
15 THE INCREASE OF THEIR COMMERCE AND PROSPERITY AND FOR THE
16 IMPROVEMENTS OF THEIR HEALTH AND LIVING CONDITIONS, AND, SINCE
17 AN AUTHORITY WILL, AS A PUBLIC INSTRUMENTALITY OF THE
18 COMMONWEALTH, BE PERFORMING ESSENTIAL GOVERNMENTAL FUNCTIONS IN
19 EFFECTUATING SUCH PURPOSES, SUCH AN AUTHORITY SHALL NOT BE
20 REQUIRED TO PAY ANY TAXES OR ASSESSMENTS OF ANY KIND OR NATURE
21 WHATSOEVER, NOW IN EXISTENCE OR TO BE ENACTED IN THE FUTURE,
22 WHETHER IMPOSED BY THE COMMONWEALTH OR BY ANY GOVERNMENT AGENCY
23 UPON ANY PROPERTY OR THE INCOME THEREFROM ACQUIRED OR USED OR
24 PERMITTED TO BE USED BY AN AUTHORITY FOR SUCH PURPOSES, AND THE
25 BONDS ISSUED BY ANY AUTHORITY, THEIR TRANSFER AND THE INCOME
26 THEREFROM, INCLUDING ANY PROFITS MADE ON THE SALE THEREOF, SHALL
27 AT ALL TIMES BE FREE FROM STATE AND LOCAL TAXATION WITHIN THIS
28 COMMONWEALTH. THIS EXEMPTION SHALL NOT EXTEND TO GIFT, ESTATE,
29 SUCCESSION OR INHERITANCE TAXES OR ANY OTHER TAXES NOT LEVIED
30 DIRECTLY ON THE BONDS, THE TRANSFER THEREOF, THE INCOME
19930H0878B1976 - 82 -
1 THEREFROM OR THE REALIZATION OF PROFITS ON THE SALE THEREOF.
2 § 1782. RIGHTS AND REMEDIES PRESERVED.
3 THE PROVISIONS OF THIS CHAPTER SHALL NOT IN ANY WAY IMPAIR OR
4 IN ANY MANNER AFFECT THE RIGHTS AND REMEDIES OF OBLIGEES OF A
5 CONTINUED AUTHORITY, AND, NOTWITHSTANDING ANY OTHER PROVISION OF
6 THIS CHAPTER, ALL SUCH RIGHTS AND REMEDIES SHALL BE PRESERVED BY
7 THIS CHAPTER AND SHALL BE AND SHALL REMAIN VALID, BINDING AND
8 ENFORCEABLE IN ALL RESPECTS. AS USED IN THIS SECTION, "OBLIGEES
9 OF A CONTINUED AUTHORITY" SHALL MEAN THE HOLDERS OF ANY NOTES,
10 BONDS, REFUNDING NOTES AND BONDS, INTERIM CERTIFICATES,
11 DEBENTURES AND OTHER EVIDENCES OF INDEBTEDNESS, OBLIGEES OF
12 CONTRACTS OR OTHER OBLIGATIONS OF AN AUTHORITY ESTABLISHED UNDER
13 THE FORMER PROVISIONS OF ARTICLE III OF THE ACT OF JANUARY 22,
14 1968 (P.L.42, NO.8), KNOWN AS THE PENNSYLVANIA URBAN MASS
15 TRANSPORTATION LAW, OR THE FORMER PROVISIONS OF CHAPTER 15
16 (RELATING TO METROPOLITAN TRANSPORTATION AUTHORITIES) AND
17 CONTINUED UNDER SECTION 1711 (RELATING TO CREATION OF
18 METROPOLITAN TRANSPORTATION AUTHORITIES).
19 § 1783. OFFICERS AND EMPLOYEES CONTINUED.
20 WITH RESPECT TO THE OFFICERS AND EMPLOYEES OF ANY AUTHORITY
21 ESTABLISHED UNDER THE FORMER PROVISIONS OF ARTICLE III OF THE
22 ACT OF JANUARY 22, 1968 (P.L.42, NO.8), KNOWN AS THE
23 PENNSYLVANIA URBAN MASS TRANSPORTATION LAW OR THE FORMER
24 PROVISIONS OF CHAPTER 15 (RELATING TO METROPOLITAN
25 TRANSPORTATION AUTHORITIES) ALL SUCH OFFICERS SHALL CONTINUE IN
26 OFFICE UNTIL THE EXPIRATION OF THEIR RESPECTIVE TERMS OF OFFICE,
27 AND ALL EMPLOYEES SHALL CONTINUE IN EMPLOYMENT UNDER THE TERMS
28 AND CONDITIONS OF THEIR RESPECTIVE CONTRACTS OR AGREEMENTS OF
29 EMPLOYMENT; AND ALL OFFICERS AND EMPLOYEES SHALL EXERCISE THE
30 POWERS, FUNCTIONS AND DUTIES OF THEIR RESPECTIVE OFFICES OR
19930H0878B1976 - 83 -
1 EMPLOYMENT UNDER THIS CHAPTER.
2 § 1784. CONTINUANCE OF BONDS.
3 BONDS, CONTRACTS AND OBLIGATIONS OF AN AUTHORITY CONTINUED
4 UNDER THIS CHAPTER WHICH CONTRACTS AND OBLIGATIONS ARE IN EFFECT
5 OR OUTSTANDING ON THE EFFECTIVE DATE OF THIS ACT SHALL CONTINUE
6 IN FULL FORCE AND EFFECT.
7 § 1785. REPEAL.
8 ALL ACTS AND PARTS OF ACTS ARE REPEALED INSOFAR AS THEY ARE
9 INCONSISTENT WITH THIS ACT.
10 SECTION 4 5. SECTIONS 1532 AND 1550 OF TITLE 75 ARE AMENDED <--
11 BY ADDING SUBSECTIONS TO READ:
12 § 1532. Revocation or suspension of operating privilege.
13 * * *
14 (c) Suspension.--The department shall suspend the operating
15 privilege of any person upon receiving a certified record of the
16 person's conviction of any offense involving the possession,
17 sale, delivery, offering for sale, holding for sale or giving
18 away of any controlled substance under the laws of the United
19 States, this Commonwealth or any other state.
20 (1) The period of suspension shall be as follows:
21 (i) For a first offense, a period of six months from
22 the date of the suspension.
23 (ii) For a second offense, a period of one year from
24 the date of the suspension.
25 (iii) For a third and any subsequent offense
26 thereafter, a period of two years from the date of the
27 suspension.
28 (2) For the purposes of this subsection, the term
29 "conviction" shall include any conviction or adjudication of
30 delinquency for any of the offenses listed in paragraph (1),
19930H0878B1976 - 84 -
1 whether in this Commonwealth or any other Federal or state
2 court.
3 § 1550. Judicial review.
4 * * *
5 (d) Out-of-State documentation.--In any proceeding under
6 this section, documents received by the department from the
7 courts or administrative bodies of other states or the Federal
8 Government shall be admissible into evidence to support the
9 department's case. In addition, the department may treat the
10 received documents as documents of the department and use any of
11 the methods of storage permitted under the provisions of 42
12 Pa.C.S. § 6109 (relating to photographic copies of business and
13 public records), and may reproduce such documents in accordance
14 with the provisions of 42 Pa.C.S. § 6103 (relating to proof of
15 official records). In addition, if the department receives
16 information from courts or administrative bodies of other states
17 or the Federal Government by means of electronic transmission,
18 it may certify that it has received the information by means of
19 electronic transmission and that certification shall be prima
20 facie proof of the adjudication and facts contained in such an
21 electronic transmission.
22 Section 2 5. Section 6323(1) of Title 75 is amended to read: <--
23 SECTION 6. SECTIONS 6323(1) AND 9511(H) OF TITLE 75 ARE <--
24 AMENDED TO READ:
25 § 6323. Reports by courts.
26 Subject to any inconsistent procedures and standards relating
27 to reports and transmission of funds prescribed pursuant to
28 Title 42 (relating to judiciary and judicial procedure):
29 (1) The clerk of any court of this Commonwealth, within
30 ten days after final judgment of conviction or acquittal or
19930H0878B1976 - 85 -
1 other disposition of charges under any of the provisions of
2 this title or under section 13 of the act of April 14, 1972
3 (P.L.233, No.64), known as The Controlled Substance, Drug,
4 Device and Cosmetic Act, including an adjudication of
5 delinquency or the granting of a consent decree, shall send
6 to the department a record of the judgment of conviction,
7 acquittal or other disposition.
8 * * *
9 § 9511. ALLOCATION OF PROCEEDS. <--
10 * * *
11 (H) ALLOCATION TO PENNSYLVANIA TURNPIKE COMMISSION.--AN
12 AMOUNT EQUAL TO 14% OF THE PROCEEDS DEPOSITED IN THE MOTOR
13 LICENSE FUND PURSUANT TO THE "OIL COMPANY FRANCHISE TAX FOR
14 HIGHWAY MAINTENANCE AND CONSTRUCTION" IMPOSED UNDER SECTION
15 9502(A)(2), WHICH AMOUNT IS TO BE DISTRIBUTED UNDER SECTION
16 9502(A)(2)(VI) FOR TOLL ROADS DESIGNATED UNDER THE ACT OF
17 SEPTEMBER 30, 1985 (P.L.240, NO.61), KNOWN AS THE TURNPIKE
18 ORGANIZATION, EXTENSION AND TOLL ROAD CONVERSION ACT, IS HEREBY
19 APPROPRIATED MONTHLY TO THE PENNSYLVANIA TURNPIKE COMMISSION.
20 THE COMMONWEALTH DOES HEREBY PLEDGE TO AND AGREE WITH ANY
21 PERSON, FIRM OR CORPORATION ACQUIRING ANY BONDS TO BE ISSUED BY
22 THE PENNSYLVANIA TURNPIKE COMMISSION AND SECURED IN WHOLE OR IN
23 PART BY A PLEDGE OF THE PORTION OF THE TAX KNOWN AS THE "OIL
24 COMPANY FRANCHISE TAX FOR HIGHWAY MAINTENANCE AND CONSTRUCTION"
25 WHICH IS IMPOSED BY SECTION 9502(A)(2) AND DISTRIBUTED IN THE
26 MANNER INDICATED IN THAT SECTION, INCLUDING 14% FOR TOLL ROADS
27 DESIGNATED UNDER THE TURNPIKE ORGANIZATION, EXTENSION AND TOLL
28 ROAD CONVERSION ACT, THAT THE COMMONWEALTH WILL NOT LIMIT OR
29 ALTER THE RIGHTS VESTED IN THE PENNSYLVANIA TURNPIKE COMMISSION
30 TO THE APPROPRIATION AND DISTRIBUTION OF SUCH TAX REVENUES.
19930H0878B1976 - 86 -
1 Section 3 6 7. Section 13(m) of the act of April 14, 1972 <--
2 (P.L.233, No.64), known as The Controlled Substance, Drug,
3 Device and Cosmetic Act, is repealed.
4 Section 4 7 8. The provisions of 75 Pa.C.S. §§ 1532(c) and <--
5 1550(d) and the repeal of the provisions of section 13(m) of the
6 act of April 14, 1972 (P.L.233, No.64), known as The Controlled
7 Substance, Drug, Device and Cosmetic Act, by the act shall not
8 affect any act done, liability incurred or right accrued or
9 vested, or affect any suit or prosecution pending or be
10 instituted to enforce any right or penalty, or to punish any
11 offense, under the authority of any statute repealed by this
12 act.
13 Section 5. This act shall take effect in 60 days. <--
14 SECTION 8 9. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <--
15 (1) THE AMENDMENTS OF TITLE 74 SHALL TAKE EFFECT
16 IMMEDIATELY.
17 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
18 DAYS.
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