SENATE AMENDED PRIOR PRINTER'S NO. 2809 PRINTER'S NO. 3658
No. 2149 Session of 1999
INTRODUCED BY PIPPY, PRESTON, COSTA, DALEY, FRANKEL, GIGLIOTTI, HABAY, LAUGHLIN, MAHER, MARKOSEK, MAYERNIK, MICHLOVIC, ORIE, PETRARCA, PETRONE, PISTELLA, READSHAW, ROBINSON, RUFFING, STEVENSON, TRICH, VAN HORNE AND WALKO, DECEMBER 13, 1999
SENATOR PUNT, COMMUNITY AND ECONOMIC DEVELOPMENT, IN SENATE, AS AMENDED, JUNE 6, 2000
AN ACT 1 Amending the act of December 14, 1992 (P.L.818, No.133), 2 entitled "An act establishing the Port of Pittsburgh 3 Commission; providing for its powers and duties; and making a 4 repeal," further providing for specific powers of the 5 commission; providing for economic development projects; and 6 further providing for rights of obligees and for contracts 7 and purchases. 8 The General Assembly of the Commonwealth of Pennsylvania 9 hereby enacts as follows: 10 Section 1. Section 5(b)(23) of the act of December 14, 1992 11 (P.L.818, No.133), known as the Port of Pittsburgh Commission 12 Act, is amended to read: 13 Section 5. Powers. 14 * * * 15 (b) Specific powers.--In addition to the general powers 16 described in subsection (a), the commission is granted and shall 17 have and may exercise, without limiting the generality of the 18 purposes of this act, the following specific rights and powers:
1 * * * 2 (23) [To] Subject to the provisions of section 5.1, to 3 fix, alter, charge and collect fees, rates, rentals and other 4 charges for port facilities and port-related projects of the 5 commission at reasonable rates to be determined exclusively 6 by the commission, subject to appeal, for the purpose of 7 providing for the payment of the expenses of the commission, 8 the acquisition, construction, improvement, repair and 9 maintenance of the port facilities, port-related projects and 10 properties of the commission and the payment of the principal 11 and interest on obligations of the commission and to comply 12 fully with the terms and provisions of any agreements made 13 with the purchasers or holders of any such obligations. 14 * * * 15 Section 2. The act is amended by adding a section to read: 16 Section 5.1. Economic development projects. 17 When the commission undertakes the development of a port 18 facility, port-related project or recreation project and the 19 commission agrees to lease, lease with option or contract to 20 purchase, sell or otherwise make available to a third party the 21 port facility, port-related project or recreation project, the 22 third party shall pay the commission an amount that is 23 sufficient to pay all of the principal and interest on any 24 bonds, notes or other evidence of indebtedness issued by the 25 commission to finance the port facility, port-related project or 26 recreation project, an amount which the board finds to be 27 reasonable in light of the economic benefits that will result 28 from the project, or an amount which is reasonable and proper 29 under the circumstances. Bonds, notes or other evidence of 30 indebtedness issued by the commission with respect to a port 19990H2149B3658 - 2 -
1 facility, port-related project or recreation project under this 2 section shall be limited obligations of the commission payable 3 solely out of any revenues received by the commission with 4 respect to the port facility, port-related project or recreation 5 project, including, but not limited to, the payments received 6 from the third party under this section, and the interest of the 7 commission in the port facility, port-related project or 8 recreation project, if any. The provisions of sections 5(b)(23), 9 7(c) and 11(c) 11(A) shall not apply to a port facility, port- <-- 10 related project or recreation project developed under this 11 section. 12 Section 3. Sections 7(c) and 11 of the act are amended to 13 read: 14 Section 7. Rights and remedies of obligees. 15 * * * 16 (c) Restrictions.--[Nothing] Except as otherwise provided in 17 section 5.1, nothing in this section or any other section of 18 this act shall authorize any receiver appointed pursuant to this 19 act for the purpose of operating and maintaining any port 20 facilities, port-related projects or property of the commission 21 to sell, assign, mortgage or otherwise dispose of any of the 22 assets of whatever kind or character belonging to the 23 commission. It is the intention of this act to limit the powers 24 of such receiver to the operation and maintenance of the port 25 facilities, port-related projects and property of the commission 26 as the court shall direct, and no holder or holders of bonds of 27 the commission nor any trustee or other obligee shall ever have 28 the right in any suit, action or proceeding, at law or in 29 equity, to compel a receiver nor shall any receiver ever be 30 authorized or any court be empowered to direct the receiver to 19990H2149B3658 - 3 -
1 sell, assign, mortgage or otherwise dispose of any assets of 2 whatever kind or character belonging to the commission. 3 * * * 4 Section 11. Contracts and purchases. 5 (a) Building and construction contracts.--All construction, 6 reconstruction, repairs or work of any nature made by the 7 commission, where the entire cost, value or amount of such 8 construction, reconstruction, repairs or work, including labor 9 and materials, exceeds $10,000, except construction, 10 reconstruction, repairs or work done by employees of the 11 commission or by labor supplied under agreement with the Federal 12 Government, the Commonwealth or political subdivisions, with 13 supplies and material purchased as provided in this section, 14 shall be done only under contract or contracts to be entered 15 into by the commission with the lowest responsible bidder upon 16 proper terms after due public notice has been given asking for 17 competitive bids as provided in this section. The commission 18 shall have the right to reject any or all bids or select a 19 single item from any bid notwithstanding the provisions of this 20 section. No contract shall be entered into for construction or 21 improvement or repair of any project or portion thereof, unless 22 the contractor provides sufficient surety or sureties approved 23 by the commission, and in an amount fixed by the commission, for 24 the performance of the contract, and has complied with the 25 provisions of the act of December 20, 1967 (P.L.869, No.385), 26 known as the Public Works Contractors' Bond Law of 1967. All 27 such contracts shall provide that the person or corporation 28 entering into such contract with the commission will pay for all 29 materials furnished and services rendered for the performance of 30 the contract and that any person or corporation furnishing such 19990H2149B3658 - 4 -
1 materials or rendering such services may maintain an action to 2 recover for the same against the obligor in the undertaking, as 3 though such person or corporation was named therein, provided 4 that the action is brought within one year after the time the 5 cause of action accrued and without prejudice to any other 6 rights or remedies available pursuant to statute or law. Nothing 7 in this section shall be construed to limit the power of the 8 commission to construct, repair or improve any port facility, 9 port-related project, property or project, or portion thereof, 10 of the commission, or any addition, betterment or extension 11 thereto, directly by the officers and employees of the 12 commission. Nothing in this section or in any other law of this 13 Commonwealth WITH RESPECT TO CONSTRUCTION, RECONSTRUCTION, <-- 14 REPAIRS OR WORK OF ANY NATURE MADE BY THE COMMISSION shall apply 15 to a port facility, port-related project or recreation project 16 developed under section 5.1. 17 (b) Supplies and materials.--All supplies and materials 18 costing $10,000 or more which are to be acquired directly by the 19 commission shall not be purchased unless the commission has 20 published notice[, at least ten days before the award of any 21 contract or the making of any purchase, in a newspaper of 22 general circulation within the port district and in the 23 Pennsylvania Bulletin] according to the provisions of 62 Pa.C.S. 24 (relating to procurement). The commission shall accept the 25 lowest bid or bids from a responsible bidder, provided that the 26 kind and quality of materials are equal. The commission shall 27 have the right to reject any or all bids or select a single item 28 from any bid. The provisions of this subsection shall not apply 29 to the purchase of any supplies and materials which are unique 30 and which cannot be obtained in the open market. Nothing in this 19990H2149B3658 - 5 -
1 section or in any other law of this Commonwealth WITH RESPECT TO <-- 2 THE PURCHASE OF SUPPLIES AND MATERIALS shall apply to a port 3 facility, port-related project or recreation project developed 4 under section 5.1. 5 (c) Exception.--Nothing in this section or in any other law 6 of this Commonwealth shall preclude the negotiation and 7 execution of contracts for management, licensing or leasing of 8 port facilities, port-related projects or any part thereof by 9 the commission upon the approval of a majority of the members of 10 the board. Notice and public advertisement provisions of this 11 section for the purchase of supplies and materials may be waived 12 whenever the commission determines that an emergency exists and 13 that such supplies and materials must be purchased by the 14 commission immediately. The exception provided for in this <-- 15 subsection shall not apply to a port facility, port-related 16 project or recreation project under section 5.1. OR WHENEVER THE <-- 17 CONTRACT INVOLVES A PORT FACILITY, PORT-RELATED PROJECT OR 18 RECREATIONAL PROJECT UNDER SECTION 5.1. 19 (d) Professional services.--Nothing in this section or any 20 other law shall require the commission to competitively bid 21 legal, accounting, architectural design, engineering, 22 concession, construction management or other professional 23 services required by the commission, provided that no contract, 24 other than a contract relating to a port facility, port-related 25 project or recreation project developed under section 5.1, shall 26 be executed by or on behalf of the commission for such services 27 without first having advertised [in a newspaper of general 28 circulation and in the Pennsylvania Bulletin a request for 29 proposals for such services] according to the provisions of 62 30 Pa.C.S. 19990H2149B3658 - 6 -
1 Section 4. This act shall take effect in 60 days. K30L64WMB/19990H2149B3658 - 7 -