HOUSE AMENDED
PRIOR PRINTER'S NOS. 766, 1449, 1884, PRINTER'S NO. 2064
2057
No. 706 Session of 1999
INTRODUCED BY CONTI, THOMPSON, WOZNIAK, STOUT AND ROBBINS,
APRIL 7, 1999
AMENDMENTS TO SENATE AMENDMENTS, HOUSE OF REPRESENTATIVES,
JUNE 13, 2000
AN ACT
1 Amending the act of July 28, 1953 (P.L.723, No.230), entitled,
2 as amended, "An act relating to counties of the second class
3 and second class A; amending, revising, consolidating and
4 changing the laws relating thereto," providing for an
5 operating reserve fund; further providing for payments into
6 certain fund, for amount of retirement allowance and for the
7 making of contracts; prohibiting certain provisions in
8 contracts relating to redevelopment assistance capital
9 projects; establishing second class county jail oversight <--
10 boards; CONTINUING THE COUNTY JAIL OVERSIGHT BOARD AND ITS <--
11 POWERS AND DUTIES; PROVIDING FOR A SPORTS AND EXHIBITION
12 AUTHORITY; and making a repeal.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. The act of July 28, 1953 (P.L.723, No.230), known
16 as the Second Class County Code, is amended by adding a section
17 to read:
18 Section 511. Operating Reserve Fund.--(a) The county
19 commissioners shall have the power to create and maintain a
20 separate operating reserve fund in order to minimize future
21 revenue shortfalls and deficits, provide greater continuity and
1 predictability in the funding of vital government services,
2 minimize the need to increase taxes to balance the budget in
3 times of fiscal distress, provide the capacity to undertake
4 long-range financial planning and develop fiscal resources to
5 meet long-term needs.
6 (b) The county commissioners may annually make
7 appropriations from the general county fund to the operating
8 reserve fund, but no appropriation shall be made to the
9 operating reserve fund if the effect of the appropriation would
10 cause the fund to exceed five per cent of the estimated revenues
11 of the county's general fund in the current fiscal year.
12 (c) The commissioners may at any time, by resolution, make
13 appropriations from the operating reserve fund for the following
14 purposes only:
15 (1) to meet emergencies involving the health, safety or
16 welfare of the residents of the county;
17 (2) to counterbalance potential budget deficits resulting
18 from shortfalls in anticipated revenues or program receipts from
19 whatever source; or
20 (3) to provide for anticipated operating expenditures
21 related either to the planned growth of existing projects or
22 programs or to the establishment of new projects or programs if
23 for each such project or program appropriations have been made
24 and allocated to a separate restricted account established
25 within the operating reserve fund.
26 (d) The operating reserve fund shall be invested, reinvested
27 and administered in a manner consistent with the provisions of
28 section 1964 of this act relating to the investment of county
29 funds generally.
30 Section 2. Sections 1708(a) and 1712(a) of the act, amended
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1 December 14, 1989 (P.L.631, No.75), are amended to read:
2 Section 1708. Compulsory Membership; Payments Into Fund;
3 Exceptions; Vested Interest.--(a) Each county employe shall be
4 required to become a member of the county employes' retirement
5 system within six months from the date of his or her employment.
6 The said county employe may elect to become a member of the
7 retirement system at any time during the aforesaid six months
8 period of time by notifying the head of the department, office
9 or agency in which department, office or agency he or she is
10 employed of the said election. A copy thereof shall be filed
11 immediately with the board. He or she shall, each month, pay
12 into the retirement fund a monthly contribution, being a certain
13 percentage of the amount received by him or her as compensation
14 during the preceding calendar month[, which shall be computed on
15 a monthly compensation of four thousand three hundred thirty-
16 three dollars and thirty-three cents ($4,333.33) or less].
17 Except as provided in subsection (d), the monthly contribution
18 shall be the percentage of his or her compensation as heretofore
19 stated, on a graduated scale as follows:
20 For the year 1988 and thereafter, six and one-quarter per
21 centum up to seven hundred fifty dollars ($750) per month.
22 Nine and three-eighths per centum from seven hundred fifty
23 dollars ($750) to fifteen hundred dollars ($1500) per month.
24 Twelve and one-half per centum from fifteen hundred dollars
25 ($1500) [to four thousand three hundred thirty-three dollars and
26 thirty-three cents ($4,333.33)] per month and above.
27 Except as hereinafter provided, the aforesaid increase rate
28 of monthly contributions to be paid into the retirement fund to
29 enhance the actuarial soundness of said fund, shall be
30 applicable to all county employes who are members of the
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1 retirement system. Such monthly contributions shall be collected
2 by the county treasurer and by him paid into the retirement
3 fund. The payment of the increased rate of the aforesaid monthly
4 contributions shall not apply to such former county employes
5 whose monthly contributions are now paid into said fund in
6 accordance with the provisions of subsection (d) of section
7 1713. Any county employe receiving compensation for accidental
8 injuries in accordance with the provisions of The Pennsylvania
9 Workmen's Compensation Act shall during the period of time in
10 which such county employe is receiving disability benefits, as
11 provided in the aforesaid act, pay each month for retirement
12 benefits a sum equal to the last monthly contribution as paid
13 into the retirement fund when said county employe was in
14 employment. The monthly contribution shall not be paid by any
15 person who was receiving a retirement allowance and is
16 subsequent to the thirty-first day of May, one thousand nine
17 hundred fifty-three, reemployed as a county employe or any other
18 person who is ineligible to become a member of the retirement
19 system.
20 * * *
21 Section 1712. Amount of Retirement Allowances.--(a) The
22 retirement allowance paid under the provisions of this article
23 shall equal fifty per centum of the amount which would
24 constitute the average monthly compensation as received by the
25 county employe during the highest twenty-four months of the last
26 four (4) years of his employment or two years on a bi-weekly pay
27 basis in which period of time the said county employe made
28 monthly or bi-weekly contributions into the retirement fund
29 prior to his or her retirement. Such average monthly
30 compensation shall include the compensation which any county
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1 employe would have been entitled to and would have received
2 except for deduction from compensation due to time spent in
3 serving as an elected State official: Provided, That the county
4 and the employe shall make monthly contributions based on the
5 last compensation equal to the amount the county and he or she
6 would have paid into the retirement fund had such compensation
7 been paid by the county. [No retirement allowance shall be
8 computed on a monthly compensation in excess of four thousand
9 three hundred thirty-three dollars and thirty-three cents
10 ($4,333.33).] In the event an employe, on the effective date of
11 employment termination, shall have less than a full year of
12 service for the purpose of computing the employe's service time,
13 then the amount of the retirement allowance, which would have
14 been computed had the employe completed a full twelve-month
15 period for the year of the termination of employment, shall be
16 prorated upon a full completed month basis for said last year of
17 service. No retirement allowance shall be computed on a monthly
18 compensation in excess of four thousand three hundred thirty-
19 three dollars and thirty-three cents ($4,333.33) (referred to in
20 this subsection as "excess compensation") unless the employe and
21 the county have made contributions on all excess compensation
22 received by the employe during the five-year period preceding
23 the employe's retirement: Provided, that the required
24 contribution is paid into the retirement system within ninety
25 (90) days of the date of retirement. An employe who retires
26 within five (5) years of the effective date of the compensation
27 cap removal may elect to satisfy the contribution requirement by
28 making a lump sum contribution that is calculated by applying
29 the applicable contribution percentage rate to all excess
30 compensation received by the employe during the prior five-year
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1 period on which contributions were not made. Within ninety (90)
2 days of such contribution by an employe, contributions shall
3 also be made by the county in an amount equal to the amount
4 contributed by the employe. The effective date of the cap
5 removal is December 31, 1999.
6 After the effective date of this amendment, certain former
7 county employes who are now receiving a retirement allowance
8 shall receive an increase of a certain per centum of such
9 retirement allowance, which sum shall be computed on the average
10 monthly retirement allowance as heretofore authorized by the
11 board.
12 The per centum of increase in said monthly retirement
13 allowance shall be a flat 10 per centum increase with the
14 maximum amount not to exceed forty-five dollars ($45.00) per
15 month.
16 Any employe who earns in excess of ten thousand eight hundred
17 dollars ($10,800) per annum and shall retire during the period
18 from January 1, 1973 to December 31, 1981 shall pay, as a
19 condition to the payment of any benefits hereunder a lump sum
20 contribution into the retirement fund, which contribution shall
21 be computed as follows:
22 The difference between ten thousand eight hundred dollars
23 ($10,800) and the annual salary of the employe multiplied by the
24 number of years during which he was not an employe of the county
25 for the period aforesaid and upon that amount the sum of two per
26 centum which shall be the lump sum contribution as required
27 herein.
28 No person who is reemployed as a county employe shall be
29 eligible to receive the benefit of a retirement allowance plus a
30 service increment, if any, until he or she shall have made at
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1 least twenty-four monthly or fifty-two bi-weekly contributions
2 into the retirement fund subsequent to his or her reemployment.
3 The foregoing provisions shall not have a retroactive
4 application and shall apply only to present and future county
5 employes. The rate required to be paid in accordance with this
6 provision shall apply to present county employes notwithstanding
7 the rate of contribution that the present county employe has
8 made into the retirement fund.
9 * * *
10 Section 3. Section 2001(d) of the act, amended October 5,
11 1990 (P.L.519, No.125), is amended to read:
12 Section 2001. County Commissioners to Make Contracts.--The
13 County Commissioners may make contracts for lawful purposes and
14 for the purposes of carrying into execution the provisions of
15 this section and the laws of the Commonwealth.
16 * * *
17 (d) The contracts or purchases made by the commissioners
18 involving an expenditure of over ten thousand dollars ($10,000)
19 which shall not require advertising or bidding as hereinbefore
20 provided are as follows:
21 (1) Those for maintenance, repairs or replacements for
22 water, electric light, or other public works: Provided, That
23 they do not constitute new additions, extensions or enlargements
24 of existing facilities and equipment, but a bond may be required
25 by the county commissioners as in other cases of work done.
26 (2) Those made for improvements, repairs and maintenance of
27 any kind made or provided by the county through its own
28 employes: Provided, That this shall not apply to construction
29 materials used in a street improvement.
30 (3) Those where particular types, models or pieces of new
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1 equipment, articles, apparatus, appliances, vehicles or parts
2 thereof are desired by the county commissioners, which are
3 patented and manufactured products or copyrighted products.
4 (4) Those involving any policies of insurance or surety
5 company bonds, those made for public utility service under
6 tariffs on file with the Pennsylvania Public Utility Commission.
7 [, those made with another political subdivision or a county,
8 the Commonwealth of Pennsylvania, the Federal Government, any
9 agency of the Commonwealth or the Federal Government, or any
10 municipal authority, including the sale, leasing or loan of any
11 supplies or materials by the Commonwealth or the Federal
12 Government, or their agencies, but the price thereof shall not
13 be in excess of that fixed by the Commonwealth, the Federal
14 Government, or their agencies.]
15 (5) Those involving personal or professional services.
16 (6) Those involving tangible client services provided by
17 nonprofit agencies. For the purposes of this clause, the term
18 "tangible client services" shall mean congregate meals, home-
19 delivered meals, transportation and chore services provided
20 through area agencies on aging.
21 (7) Those involving the purchase of milk.
22 (8) Those made with any public body, including, but not
23 limited to, the sale, lease or loan of any supplies or materials
24 to the county by a public body, provided that the price thereof
25 shall not be in excess of that fixed by the public body. The
26 requirements of 53 Pa.C.S. Ch. 23 Subch. A (relating to
27 intergovernmental cooperation) shall not apply when a county
28 purchases cooperatively with another public body which has
29 entered into a contract for supplies or materials. As used in
30 this paragraph, "public body" shall mean any of the following:
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1 (i) The Federal Government;
2 (ii) The Commonwealth of Pennsylvania;
3 (iii) any other state;
4 (iv) a political subdivision, local or municipal authority
5 or other similar local entity of the Commonwealth or any other
6 state; or
7 (v) an agency of the Federal Government, the Commonwealth or
8 any other state.
9 * * *
10 Section 4. The act is amended by adding a section to read:
11 Section 2003. Certain Contract Provisions Prohibited.--No
12 political subdivision or authority in a county may enter into
13 any contract related to a redevelopment capital assistance
14 project as provided under section 318 of the act of February 9,
15 1999 (P.L.1, No.1), known as the "Capital Facilities Debt
16 Enabling Act," which contains a provision requiring that a
17 specified percentage of a contracting party's work force be
18 residents of a specific municipality.
19 Section 5. The act is amended by adding an article ARTICLES <--
20 to read:
21 ARTICLE XXV-A <--
22 SECOND CLASS COUNTY JAIL OVERSIGHT BOARD
23 Section 2501-A. Short Title.--This article shall be known
24 and may be cited as the Second Class County Jail Oversight Board
25 Act.
26 Section 2502-A. Definitions.--The following words and
27 phrases as used in this article shall be construed to have the
28 following meanings:
29 "Board," the county jail oversight board of a second class
30 county.
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1 Section 2503-A. Establishment and Composition.--(a) There
2 is hereby established a county jail oversight board in any
3 county of the second class which shall be named the "
4 County Jail Oversight Board."
5 (b) The board shall be composed of:
6 (1) The county chief executive.
7 (2) Two judges of the court of common pleas, one of whom
8 shall be the president judge, or his designee who shall be a
9 judge, and one judge appointed by the president judge.
10 (3) The county sheriff.
11 (4) The county controller.
12 (5) The president of county council or his designee.
13 (6) Three (3) citizen members as provided in subsection (c).
14 (c) The three (3) citizen members shall not be employes of
15 the county or of the Commonwealth. They shall serve for a term
16 of three (3) years, and shall be representative of the broad
17 segments of the county's population and shall include persons
18 whose background and experience indicate that they are qualified
19 to act in the interest of the public. The citizen members shall
20 be appointed by the county chief executive with the consent of
21 county council.
22 Section 2504-A. Powers and Duties.--(a) Administrative
23 powers and duties of the board shall include oversight as to the
24 health and safekeeping of inmates and an adviser to the county
25 manager who shall be responsible for the operation and
26 maintenance of the prison through the warden and all alternative
27 housing facilities, the safekeeping of inmates and the
28 confirmation of the county chief executive's selection of a
29 warden.
30 (b) The board shall insure that the living conditions within
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1 the prison are healthful and otherwise adequate.
2 (c) The board shall, at least twice each year, conduct an
3 unannounced inspection of the prison's physical plant. During
4 such inspections the board shall interview a cross-section of
5 inmates, out of the presence of the warden and his agents, to
6 determine the conditions within the prison. After each
7 inspection, the board shall prepare a written report setting
8 forth its findings and determinations which shall be available
9 for public inspection.
10 (d) The board shall oversee the health and safekeeping of
11 the inmates to assure that their health and safekeeping are in
12 accordance with its regulations, laws and regulations of the
13 United States and laws and regulations of this Commonwealth.
14 (e) The board shall investigate allegations of inadequate
15 prison conditions and improper practices occurring within the
16 prison and may make such other investigations or reviews of
17 prison operation and maintenance. The books, papers and records
18 of the prison, including but not limited to, the papers and
19 records of the warden and those relating to individual inmates,
20 shall at all times be available for inspection by the board.
21 Section 2505-A. Rules and Regulations.--The board shall, in
22 the manner provided by law, promulgate such rules, regulations
23 and forms it deems necessary for the proper administration of
24 the board and for its oversight of the health and safekeeping of
25 the inmates.
26 Section 2506-A. Warden.--(a) (1) The chief executive shall
27 appoint a warden subject to confirmation by the board. The
28 warden shall serve at the pleasure of the chief executive who
29 shall fix an appropriate salary.
30 (2) The warden shall be a resident of the county six months
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1 after the date of appointment.
2 (b) Subject to approval of the manager, the warden shall
3 employ deputies, assistants and other personnel required to
4 adequately operate the prison.
5 (c) The warden shall submit an annual written report to the
6 board which shall contain information on the population,
7 conditions and practices in the prison and other matters as
8 specified by the board. The annual report shall be available for
9 public inspection.
10 (d) The warden shall report to the county chief executive
11 and to the board.
12 Section 2507-A. Board Meetings.--The board shall meet at
13 least once each month and shall keep regular minutes of its
14 proceedings which shall be open to public inspection.
15 Section 2508-A. Contracts and Purchases.--All contracts and
16 purchases required for the maintenance and support of the
17 prisoners, repairs and improvements of the prison and materials
18 and supplies shall be conducted in accordance with the
19 applicable provisions of the county administrative code.
20 Section 2509-A. Transition Provisions.--(a) The board
21 established by the act of December 10, 1980 (P.L.1152, No.208),
22 known as the "Second Class County Prison Board Act," is hereby
23 abolished on the effective date of this article.
24 (b) All books, papers and records of that board shall be
25 transferred to the county jail oversight board established by
26 this article.
27 (c) The county jail oversight board established by this
28 article shall assume ownership of all real and personal property
29 owned by the board abolished in subsection (a) and shall assume
30 all rights, duties and obligations of any contract entered into
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1 by that abolished board.
2 ARTICLE XXV-B <--
3 SPORTS AND EXHIBITION AUTHORITY
4 SECTION 2501-B. SHORT TITLE.--THIS ARTICLE SHALL BE KNOWN
5 AND MAY BE CITED AS THE SPORTS AND EXHIBITION AUTHORITY ACT.
6 SECTION 2502-B. DEFINITIONS.--THE FOLLOWING WORDS AND
7 PHRASES WHEN USED IN THIS ARTICLE SHALL HAVE THE MEANINGS GIVEN
8 TO THEM IN THIS SECTION UNLESS THE CONTEXT CLEARLY INDICATES
9 OTHERWISE:
10 "AUTHORITY." A BODY POLITIC AND CORPORATE CREATED PURSUANT
11 TO THIS ARTICLE.
12 "BOARD." THE GOVERNING BODY OF THE AUTHORITY.
13 "BONDS." NOTES, BONDS AND OTHER EVIDENCE OF INDEBTEDNESS OR
14 OBLIGATIONS WHICH THE AUTHORITY IS AUTHORIZED TO ISSUE PURSUANT
15 TO SECTION 2505-B.
16 "CITY." A CITY OF THE SECOND CLASS WHICH IS LOCATED IN A
17 COUNTY OF THE SECOND CLASS.
18 "CONSTRUCT." TO ACQUIRE AND TO CONSTRUCT, ALL IN SUCH MANNER
19 AS MAY BE DEEMED DESIRABLE.
20 "CONSTRUCTION." ACQUISITION AND CONSTRUCTION.
21 "COUNTY." A COUNTY OF THE SECOND CLASS IN WHICH A CITY OF
22 THE SECOND CLASS IS LOCATED.
23 "FEDERAL AGENCY." THE UNITED STATES OF AMERICA, THE
24 PRESIDENT OF THE UNITED STATES OF AMERICA AND ANY DEPARTMENT OR
25 CORPORATION, AGENCY OR INSTRUMENTALITY HERETOFORE OR HEREAFTER
26 CREATED, DESIGNATED OR ESTABLISHED BY THE UNITED STATES OF
27 AMERICA.
28 "IMPROVE." TO ENLARGE AND TO IMPROVE, ALL IN SUCH MANNER AS
29 MAY BE DEEMED DESIRABLE.
30 "IMPROVEMENT." ENLARGEMENT AND IMPROVEMENT.
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1 "MUNICIPAL AUTHORITIES." THE GOVERNING BODIES OF THE COUNTY
2 OR THE COUNCIL OF THE CITY.
3 "MUNICIPALITY." ANY COUNTY, CITY, TOWN, BOROUGH, TOWNSHIP OR
4 SCHOOL DISTRICT OF THE COMMONWEALTH.
5 "PROJECT." ANY STRUCTURE, FACILITY OR UNDERTAKING WHICH THE
6 AUTHORITY IS AUTHORIZED TO ACQUIRE, CONSTRUCT, IMPROVE, MAINTAIN
7 OR OPERATE UNDER THE PROVISIONS OF THIS ARTICLE.
8 "PUBLIC AUDITORIUM." ANY STRUCTURE APPROPRIATE FOR LARGE
9 PUBLIC ASSEMBLIES, THE HOLDING OF CONVENTIONS, SPORTING
10 TOURNAMENTS, ATHLETIC CONTESTS AND EXHIBITIONS, MUSICAL AND
11 DRAMATIC PERFORMANCES AND OTHER BUSINESS, SOCIAL, CULTURAL,
12 SCIENTIFIC AND RECREATIONAL EVENTS AND ALL FACILITIES NECESSARY
13 OR INCIDENT THERETO, INCLUDING PROVISIONS FOR ADEQUATE OFF-
14 STREET PARKING. NOTHING HEREIN CONTAINED SHALL BE CONSTRUED TO
15 PROHIBIT THE CONSTRUCTING, ON SITES ACQUIRED ADJACENT TO AND IN
16 CONNECTION WITH SUCH STRUCTURES AND FACILITIES, OF IMPROVEMENTS,
17 BUILDINGS AND OTHER STRUCTURES FOR THE PURPOSE OF PRODUCING
18 REVENUES TO ASSIST IN DEFRAYING THE COSTS OF OPERATION,
19 MAINTENANCE AND DEBT SERVICE OF THE PROJECT.
20 SECTION 2503-B. METHOD OF INCORPORATION.--(A) WHENEVER THE
21 MUNICIPAL AUTHORITIES OF ANY COUNTY OR OF ANY CITY, SINGLY OR
22 JOINTLY (INCLUDING A COUNTY-CITY JOINDER), SHALL DESIRE TO
23 ORGANIZE AN AUTHORITY UNDER THIS ARTICLE, THEY SHALL ADOPT A
24 RESOLUTION OR ORDINANCE SIGNIFYING THEIR INTENTION TO DO SO.
25 THEREAFTER, THE MUNICIPAL AUTHORITIES OF SUCH COUNTY OR CITY
26 SHALL CAUSE A NOTICE OF SUCH RESOLUTION OR ORDINANCE TO BE
27 PUBLISHED AT LEAST ONE TIME IN THE LEGAL PERIODICAL OF THE
28 COUNTY OR COUNTIES IN WHICH SUCH AUTHORITY IS TO BE ORGANIZED
29 AND AT LEAST ONE TIME IN A NEWSPAPER PUBLISHED AND OF GENERAL
30 CIRCULATION IN SUCH COUNTY OR COUNTIES. SAID NOTICE SHALL
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1 CONTAIN A BRIEF STATEMENT OF THE SUBSTANCE OF SAID RESOLUTION OR
2 ORDINANCE, INCLUDING THE SUBSTANCE OF THE PROPOSED ARTICLES OF
3 INCORPORATION, MAKING REFERENCE TO THIS ARTICLE, AND SHALL STATE
4 THAT ON A DAY CERTAIN, NOT LESS THAN THREE (3) DAYS AFTER
5 PUBLICATION OF SAID NOTICE, ARTICLES OF INCORPORATION OF THE
6 PROPOSED AUTHORITY WILL BE FILED WITH THE SECRETARY OF THE
7 COMMONWEALTH. NO COUNTY OR CITY SHALL BE REQUIRED (ANY LAW TO
8 THE CONTRARY NOTWITHSTANDING) TO MAKE ANY OTHER PUBLICATION OF
9 SUCH RESOLUTION OR ORDINANCE UNDER THE PROVISION OF EXISTING
10 LAW. THE AFORESAID PUBLICATION OF SUCH NOTICE SHALL BE
11 SUFFICIENT COMPLIANCE WITH SUCH LAWS.
12 (B) ON OR BEFORE THE DAY SPECIFIED IN SAID NOTICE, THE
13 MUNICIPAL AUTHORITIES SHALL FILE WITH THE SECRETARY OF THE
14 COMMONWEALTH ARTICLES OF INCORPORATION, TOGETHER WITH PROOF OF
15 PUBLICATION OF THE NOTICE AS AFORESAID. SAID ARTICLES OF
16 INCORPORATION SHALL SET FORTH THE NAME OF THE AUTHORITY; A
17 STATEMENT THAT SUCH AUTHORITY IS FORMED UNDER THIS ARTICLE; THE
18 NAME OF THE INCORPORATING CITY OR COUNTY, TOGETHER WITH THE
19 NAMES AND ADDRESSES OF ITS MUNICIPAL AUTHORITIES; AND THE NAMES,
20 ADDRESSES AND TERM OF OFFICE OF THE FIRST MEMBERS OF THE BOARD
21 OF SAID AUTHORITY. IF A JOINT AUTHORITY, THE ARTICLES SHALL
22 SPECIFY WHICH MEMBERS ARE TO BE APPOINTED BY THE RESPECTIVE
23 COUNTY OR CITY. ALL OF WHICH MATTER SHALL BE DETERMINED IN
24 ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. SAID ARTICLES OF
25 INCORPORATION SHALL BE EXECUTED BY EACH INCORPORATING CITY OR
26 COUNTY BY ITS PROPER OFFICERS AND UNDER ITS MUNICIPAL SEAL.
27 (C) IF THE SECRETARY OF THE COMMONWEALTH FINDS THAT THE
28 ARTICLES OF INCORPORATION CONFORM TO LAW, HE SHALL FORTHWITH,
29 BUT NOT PRIOR TO THE DAY SPECIFIED IN THE AFORESAID NOTICE,
30 ENDORSE HIS APPROVAL THEREON, AND WHEN ALL PROPER FEES AND
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1 CHARGES HAVE BEEN PAID, SHALL FILE THE ARTICLES AND ISSUE A
2 CERTIFICATE OF INCORPORATION TO WHICH SHALL BE ATTACHED A COPY
3 OF THE APPROVED ARTICLES. UPON THE ISSUANCE OF SUCH CERTIFICATE
4 OF INCORPORATION BY THE SECRETARY OF THE COMMONWEALTH, THE
5 CORPORATE EXISTENCE OF SAID AUTHORITY SHALL BEGIN. SAID
6 CERTIFICATE OF INCORPORATION SHALL BE CONCLUSIVE EVIDENCE OF THE
7 FACT THAT SUCH AUTHORITY HAS BEEN INCORPORATED, BUT PROCEEDINGS
8 MAY BE INSTITUTED BY THE COMMONWEALTH TO DISSOLVE ANY AUTHORITY
9 WHICH SHALL HAVE BEEN FORMED WITHOUT SUBSTANTIAL COMPLIANCE WITH
10 THE PROVISIONS OF THIS SECTION.
11 (D) WHEN THE AUTHORITY HAS BEEN ORGANIZED AND ITS OFFICERS
12 ELECTED, THE SECRETARY SHALL CERTIFY TO THE SECRETARY OF THE
13 COMMONWEALTH THE NAMES AND ADDRESSES OF ITS OFFICERS AS WELL AS
14 THE PRINCIPAL OFFICE OF THE AUTHORITY. ANY CHANGE IN THE
15 LOCATION OF THE PRINCIPAL OFFICE SHALL LIKEWISE BE CERTIFIED TO
16 THE SECRETARY OF THE COMMONWEALTH WITHIN TEN (10) DAYS AFTER
17 SUCH CHANGE.
18 SECTION 2504-B. AMENDMENT OF ARTICLES.--(A) AN AUTHORITY,
19 IN THE MANNER HEREINAFTER PROVIDED, MAY FROM TIME TO TIME AMEND
20 ITS ARTICLES:
21 (1) TO ADOPT A NEW NAME.
22 (2) TO ADD A PROVISION THEREIN INCREASING ITS TERM OF
23 EXISTENCE TO A DATE NOT EXCEEDING FIFTY (50) YEARS FROM THE DATE
24 OF APPROVAL OF THE ARTICLES OF AMENDMENTS OR TO MODIFY ANY
25 PROVISION THEREOF LIMITING ITS TERMS OF EXISTENCE BY INCREASING
26 SUCH TERM TO SUCH A DATE.
27 (3) TO REAPPORTION THE REPRESENTATION ON THE BOARD OF THE
28 AUTHORITY AND TO REVISE THE TERMS OF OFFICE OF SUCH MEMBERS, ALL
29 IN SUCH MANNER AS SHALL NOT BE INCONSISTENT WITH THE PROVISIONS
30 OF SECTION 2508-B.
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1 (B) EVERY AMENDMENT TO THE ARTICLES SHALL FIRST BE PROPOSED
2 BY THE BOARD BY THE ADOPTION OF A RESOLUTION SETTING FORTH THE
3 PROPOSED AMENDMENT AND DIRECTING THAT IT BE SUBMITTED TO THE
4 MUNICIPAL AUTHORITIES OF THE COUNTY OR CITY COMPOSING THE
5 AUTHORITY. THE RESOLUTION SHALL CONTAIN THE LANGUAGE OF THE
6 PROPOSED AMENDMENT TO THE ARTICLES BY PROVIDING THAT THE
7 ARTICLES SHALL BE AMENDED SO AS TO READ AS THEREIN SET FORTH IN
8 FULL, OR THAT ANY PROVISION THEREOF BE AMENDED SO AS TO READ AS
9 THEREIN SET FORTH IN FULL, OR THAT THE MATTER STATED IN THE
10 RESOLUTION BE ADDED TO OR STRICKEN FROM THE ARTICLES. AFTER THE
11 AMENDMENTS HAVE BEEN SUBMITTED TO THE COUNTY OR CITY, SUCH
12 COUNTY OR CITY SHALL ADOPT OR REJECT SUCH AMENDMENT BY
13 RESOLUTION OR ORDINANCE.
14 (C) AFTER AN AMENDMENT HAS BEEN ADOPTED BY THE COUNTY OR
15 CITY, ARTICLES OF AMENDMENT SHALL BE EXECUTED UNDER THE SEAL OF
16 THE AUTHORITY AND VERIFIED BY TWO DULY AUTHORIZED OFFICERS OF
17 THE CORPORATION AND SHALL SET FORTH:
18 (1) THE NAME AND LOCATION OF THE REGISTERED OFFICE OF THE
19 AUTHORITY.
20 (2) THE ACT OF ASSEMBLY UNDER WHICH THE AUTHORITY WAS FORMED
21 AND THE DATE WHEN THE ORIGINAL CERTIFICATE OF INCORPORATION WAS
22 ISSUED.
23 (3) THE RESOLUTION OR ORDINANCE OF THE COUNTY OR CITY
24 ADOPTING THE AMENDMENT.
25 (4) THE AMENDMENT ADOPTED BY THE COUNTY OR CITY, WHICH SHALL
26 BE SET FORTH IN FULL.
27 (D) THE AUTHORITY SHALL ADVERTISE ITS INTENTION TO FILE
28 ARTICLES OF AMENDMENT WITH THE SECRETARY OF THE COMMONWEALTH IN
29 THE MANNER PRESCRIBED IN SECTION 2503-B IN THE CASE OF THE
30 FORMATION OF AN AUTHORITY. ADVERTISEMENTS SHALL APPEAR AT LEAST
19990S0706B2064 - 17 -
1 THREE (3) DAYS PRIOR TO THE DAY UPON WHICH THE ARTICLES OF
2 AMENDMENT ARE PRESENTED TO THE SECRETARY OF THE COMMONWEALTH AND
3 SHALL SET FORTH BRIEFLY:
4 (1) THE NAME AND LOCATION OF THE REGISTERED OFFICE OF THE
5 AUTHORITY.
6 (2) A STATEMENT THAT THE ARTICLES OF AMENDMENT ARE TO BE
7 FILED UNDER THE PROVISIONS OF THIS ARTICLE.
8 (3) THE NATURE AND CHARACTER OF THE PROPOSED AMENDMENT.
9 (4) THE TIME WHEN THE ARTICLES OF AMENDMENT WILL BE FILED
10 WITH THE SECRETARY OF THE COMMONWEALTH.
11 (E) THE ARTICLES OF AMENDMENT AND PROOF OF THE ADVERTISEMENT
12 HERETOFORE REQUIRED SHALL BE DELIVERED BY THE AUTHORITY OR ITS
13 REPRESENTATIVE TO THE SECRETARY OF THE COMMONWEALTH. IF THE
14 SECRETARY OF THE COMMONWEALTH FINDS THAT SUCH ARTICLES CONFORM
15 TO LAW, HE SHALL FORTHWITH, BUT NOT PRIOR TO THE DAY SPECIFIED
16 IN THE ADVERTISEMENT REQUIRED HERETOFORE, ENDORSE HIS APPROVAL
17 THEREON, AND WHEN ALL FEES AND CHARGES HAVE BEEN PAID SHALL FILE
18 THE ARTICLES AND ISSUE TO THE AUTHORITY OR ITS REPRESENTATIVE A
19 CERTIFICATE OF AMENDMENT TO WHICH SHALL BE ATTACHED A COPY OF
20 THE APPROVED ARTICLES.
21 SECTION 2505-B. PURPOSES AND POWERS; GENERAL.--(A) EVERY
22 AUTHORITY INCORPORATED UNDER THIS ARTICLE SHALL BE A PUBLIC
23 BODY, CORPORATE AND POLITIC, EXERCISING PUBLIC POWERS OF THE
24 COMMONWEALTH AS AN AGENCY THEREOF, AND SHALL BE FOR THE PURPOSE
25 OF ACQUIRING, HOLDING, CONSTRUCTING, IMPROVING, MAINTAINING AND
26 OPERATING, OWNING, LEASING, EITHER IN THE CAPACITY OF LESSOR OR
27 LESSEE, PUBLIC AUDITORIUMS, THE PURPOSE AND INTEREST OF THIS
28 ARTICLE BEING TO BENEFIT THE PEOPLE OF THE COMMONWEALTH BY,
29 AMONG OTHER THINGS, INCREASING THEIR COMMERCE AND PROSPERITY AND
30 PROMOTING THEIR EDUCATIONAL, CULTURAL, PHYSICAL, CIVIC, SOCIAL
19990S0706B2064 - 18 -
1 AND MORAL WELFARE.
2 (B) EVERY AUTHORITY IS HEREBY GRANTED AND SHALL HAVE AND MAY
3 EXERCISE ALL POWERS NECESSARY OR CONVENIENT FOR THE CARRYING OUT
4 OF THE AFORESAID PURPOSE INCLUDING, BUT WITHOUT LIMITING THE
5 GENERALITY OF THE FOREGOING, THE FOLLOWING RIGHTS AND POWERS:
6 (1) TO HAVE EXISTENCE FOR A TERM OF FIFTY (50) YEARS AND FOR
7 SUCH FURTHER PERIOD OR PERIODS AS MAY BE PROVIDED IN ARTICLES OF
8 AMENDMENT APPROVED UNDER SECTION 2504-B HEREOF.
9 (2) TO SUE AND BE SUED, IMPLEAD AND BE IMPLEADED, COMPLAIN
10 AND DEFEND IN ALL COURTS.
11 (3) TO ADOPT, USE AND ALTER AT WILL A CORPORATE SEAL.
12 (4) TO ACQUIRE, PURCHASE, HOLD, RECEIVE, LEASE AS LESSEE AND
13 USE ANY FRANCHISE, PROPERTY, REAL, PERSONAL OR MIXED, TANGIBLE
14 OR INTANGIBLE, OR ANY INTEREST THEREIN, NECESSARY OR DESIRABLE
15 FOR CARRYING OUT THE PURPOSE OF THE AUTHORITY, AND TO SELL,
16 LEASE AS LESSOR, PERMIT THE USE OF, TRANSFER AND DISPOSE OF ANY
17 PROPERTY OR INTEREST THEREIN OR ANY PROJECT OR PART THEREOF, AT
18 ANY TIME ACQUIRED OR CONSTRUCTED BY IT.
19 (5) TO ACQUIRE BY PURCHASE, LEASE OR OTHERWISE AND TO
20 CONSTRUCT, IMPROVE, MAINTAIN, REPAIR AND OPERATE PROJECTS.
21 (6) TO MAKE BY-LAWS FOR THE MANAGEMENT AND REGULATION OF ITS
22 AFFAIRS.
23 (7) TO APPOINT AGENTS, EMPLOYES AND SERVANTS, TO PRESCRIBE
24 THEIR DUTIES AND TO FIX THEIR COMPENSATION.
25 (8) TO FIX, ALTER, CHARGE AND COLLECT RENTALS, ADMISSIONS,
26 LICENSE FEES AND OTHER CHARGES FOR THE PURPOSE OF PROVIDING FOR
27 THE PAYMENT OF THE EXPENSES OF THE AUTHORITY, THE CONSTRUCTION,
28 IMPROVEMENT, REPAIR, MAINTENANCE AND OPERATION OF ITS FACILITIES
29 AND PROPERTIES, THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON
30 ITS OBLIGATIONS AND TO FULFILL THE TERMS AND PROVISIONS OF ANY
19990S0706B2064 - 19 -
1 AGREEMENTS MADE WITH THE PURCHASERS OR HOLDERS OF ANY SUCH
2 OBLIGATIONS OR WITH THE INCORPORATING COUNTY OR CITY.
3 (9) TO BORROW MONEY, MAKE AND ISSUE NEGOTIABLE NOTES, BONDS,
4 REFUNDING BONDS AND OTHER EVIDENCES OF INDEBTEDNESS OR
5 OBLIGATIONS (HEREIN CALLED "BONDS") OF THE AUTHORITY, SAID BONDS
6 TO HAVE A MATURITY DATE NOT LONGER THAN FORTY (40) YEARS FROM
7 THE DATE OF ISSUE, EXCEPT THAT NO REFUNDING BONDS SHALL HAVE A
8 MATURITY DATE LATER THAN THE LIFE OF THE AUTHORITY, AND TO
9 SECURE THE PAYMENT OF SUCH BONDS OR ANY PART THEREOF BY PLEDGE
10 OR DEED OF TRUST OF ALL OR ANY OF ITS REVENUES AND RECEIPTS AND
11 TO MAKE SUCH AGREEMENTS WITH THE PURCHASERS OR HOLDERS OF SUCH
12 BONDS OR WITH OTHERS IN CONNECTION WITH ANY SUCH BONDS, WHETHER
13 ISSUED OR TO BE ISSUED, AS THE AUTHORITY SHALL DEEM ADVISABLE,
14 AND, IN GENERAL, TO PROVIDE FOR THE SECURITY FOR SAID BONDS AND
15 THE RIGHTS OF THE HOLDERS THEREOF.
16 (10) TO MAKE CONTRACTS OF EVERY NAME AND NATURE AND TO
17 EXECUTE ALL INSTRUMENTS NECESSARY OR CONVENIENT FOR THE CARRYING
18 ON OF ITS BUSINESS.
19 (11) WITHOUT LIMITATION OF THE FOREGOING, TO BORROW MONEY
20 AND ACCEPT GRANTS FROM, AND TO ENTER INTO CONTRACTS, LEASES,
21 LICENSES OR OTHER TRANSACTIONS WITH, ANY FEDERAL AGENCY, THE
22 COMMONWEALTH, MUNICIPALITY, PRIVATE PERSON, ASSOCIATION,
23 PARTNERSHIP, CORPORATION OR AUTHORITY CREATED UNDER THIS OR ANY
24 OTHER ACT OF THE GENERAL ASSEMBLY OF PENNSYLVANIA.
25 (12) TO HAVE THE POWER OF EMINENT DOMAIN.
26 (13) TO PLEDGE, HYPOTHECATE OR OTHERWISE ENCUMBER ALL OR ANY
27 OF THE REVENUES OR RECEIPTS OF THE AUTHORITY AS SECURITY FOR ALL
28 OR ANY OF THE OBLIGATIONS OF THE AUTHORITY.
29 (14) TO DO ALL ACTS AND THINGS NECESSARY OR CONVENIENT FOR
30 THE PROMOTION OF ITS BUSINESS AND THE GENERAL WELFARE OF THE
19990S0706B2064 - 20 -
1 AUTHORITY TO CARRY OUT THE POWERS GRANTED TO IT BY THIS ARTICLE
2 OR ANY OTHER ACTS.
3 (15) TO ENTER INTO CONTRACTS OF GROUP INSURANCE FOR THE
4 BENEFIT OF ITS EMPLOYES AND TO SET UP A RETIREMENT OR PENSION
5 FUND FOR SUCH EMPLOYES.
6 (C) THE AUTHORITY SHALL HAVE NO POWER AT ANY TIME OR IN ANY
7 MANNER TO PLEDGE THE CREDIT OR TAXING POWER OF THE COMMONWEALTH
8 OR ANY POLITICAL SUBDIVISION, NOR SHALL ANY OF ITS OBLIGATIONS
9 BE DEEMED TO BE OBLIGATIONS OF THE COMMONWEALTH OR OF ANY OF ITS
10 POLITICAL SUBDIVISIONS, NOR SHALL THE COMMONWEALTH OR ANY
11 POLITICAL SUBDIVISION THEREOF BE LIABLE FOR THE PAYMENT OF
12 PRINCIPAL OF OR INTEREST ON SUCH OBLIGATIONS.
13 SECTION 2506-B. PURPOSES AND POWERS; BONDS.--(A) THE BONDS
14 OF ANY AUTHORITY HEREINABOVE REFERRED TO AND AUTHORIZED TO BE
15 ISSUED SHALL BE AUTHORIZED BY RESOLUTION OF THE BOARD THEREOF
16 AND SHALL BE OF SUCH SERIES, BEAR SUCH DATE OR DATES, MATURE AT
17 SUCH TIME OR TIMES NOT EXCEEDING FORTY (40) YEARS FROM THEIR
18 RESPECTIVE DATES, BEAR INTEREST AT SUCH RATE OR RATES PAYABLE
19 SEMI-ANNUALLY, BE IN SUCH DENOMINATIONS, BE IN SUCH FORM, EITHER
20 COUPON OR FULLY REGISTERED WITHOUT COUPONS, CARRY SUCH
21 REGISTRATION EXCHANGEABILITY AND INTERCHANGEABILITY PRIVILEGES,
22 BE PAYABLE IN SUCH MEDIUM OF PAYMENT AND AT SUCH PLACE OR
23 PLACES, BE SUBJECT TO SUCH TERMS OF REDEMPTION NOT EXCEEDING ONE
24 HUNDRED FIVE PER CENTUM OF THE PRINCIPAL AMOUNT THEREOF, AND BE
25 ENTITLED TO SUCH PRIORITIES IN THE REVENUES OR RECEIPTS OF SUCH
26 AUTHORITY, AS SUCH RESOLUTION OR RESOLUTIONS MAY PROVIDE. THE
27 BONDS SHALL BE SIGNED BY SUCH OFFICERS AS THE AUTHORITY SHALL
28 DETERMINE, AND COUPON BONDS SHALL HAVE ATTACHED THERETO INTEREST
29 COUPONS BEARING THE FACSIMILE SIGNATURE OF THE TREASURER OF THE
30 AUTHORITY, ALL AS MAY BE PRESCRIBED IN SUCH RESOLUTION OR
19990S0706B2064 - 21 -
1 RESOLUTIONS. ANY SUCH BONDS MAY BE ISSUED AND DELIVERED
2 NOTWITHSTANDING THAT ONE OR MORE OF THE OFFICERS SIGNING SUCH
3 BONDS OR THE TREASURER WHOSE FACSIMILE SIGNATURE SHALL BE UPON
4 THE COUPON OR ANY THEREOF SHALL HAVE CEASED TO BE SUCH OFFICER
5 OR OFFICERS AT THE TIME WHEN SUCH BONDS SHALL ACTUALLY BE
6 DELIVERED.
7 (A.1) SAID BONDS MAY BE SOLD AT PUBLIC OR PRIVATE SALE FOR
8 SUCH PRICE OR PRICES AS THE AUTHORITY SHALL DETERMINE. PENDING
9 THE PREPARATION OF THE DEFINITIVE BONDS, INTERIM RECEIPTS MAY BE
10 ISSUED TO THE PURCHASER OR PURCHASERS OF SUCH BONDS AND MAY
11 CONTAIN SUCH TERMS AND CONDITIONS AS THE AUTHORITY MAY
12 DETERMINE.
13 (B) ANY RESOLUTION OR RESOLUTIONS AUTHORIZING ANY BONDS MAY
14 CONTAIN PROVISIONS, WHICH SHALL BE PART OF THE CONTRACT WITH THE
15 HOLDERS THEREOF, AS TO ALL OF THE FOLLOWING:
16 (1) PLEDGING THE FULL FAITH AND CREDIT OF THE AUTHORITY, BUT
17 NOT OF THE COMMONWEALTH OR A POLITICAL SUBDIVISION, FOR SUCH
18 OBLIGATIONS OR RESTRICTING THE SAME TO ALL OR ANY OF THE
19 REVENUES OF THE AUTHORITY FROM ALL OR ANY PROJECTS OR
20 PROPERTIES.
21 (2) THE CONSTRUCTION, IMPROVEMENT, OPERATION, EXTENSION,
22 ENLARGEMENT, MAINTENANCE AND REPAIR OF THE PROJECT AND THE
23 DUTIES OF THE AUTHORITY WITH REFERENCE THERETO.
24 (3) THE TERMS AND PROVISIONS OF THE BONDS.
25 (4) LIMITATIONS ON THE PURPOSES TO WHICH THE PROCEEDS OF THE
26 BONDS THEN OR THEREAFTER TO BE ISSUED OR OF ANY LOAN OR GRANT BY
27 THE UNITED STATES MAY BE APPLIED.
28 (5) ADMISSIONS, RENTALS AND OTHER CHARGES FOR USE OF THE
29 FACILITIES OF THE AUTHORITY.
30 (6) THE SETTING ASIDE OF RESERVES OR SINKING FUNDS AND THE
19990S0706B2064 - 22 -
1 REGULATION AND DISPOSITION THEREOF.
2 (7) LIMITATIONS ON THE ISSUANCE OF ADDITIONAL BONDS.
3 (8) THE TERMS AND PROVISIONS OF ANY DEED OF TRUST OR
4 INDENTURE SECURING THE BONDS OR UNDER WHICH THE SAME MAY BE
5 ISSUED.
6 (9) ANY OTHER OR ADDITIONAL AGREEMENTS WITH THE HOLDERS OF
7 THE BONDS.
8 (C) ANY AUTHORITY MAY ENTER INTO ANY DEEDS OF TRUST,
9 INDENTURES OR OTHER AGREEMENTS WITH ANY BANK OR TRUST COMPANY OR
10 OTHER PERSON OR PERSONS IN THE UNITED STATES HAVING POWER TO
11 ENTER INTO THE SAME, INCLUDING ANY FEDERAL AGENCY, AS SECURITY
12 FOR SUCH BONDS, AND MAY ASSIGN AND PLEDGE ALL OR ANY OF THE
13 REVENUES OR RECEIPTS OF THE AUTHORITY THEREUNDER. SUCH DEED OF
14 TRUST, INDENTURE OR OTHER AGREEMENT MAY CONTAIN SUCH PROVISIONS
15 AS MAY BE CUSTOMARY IN SUCH INSTRUMENTS OR AS THE AUTHORITY MAY
16 AUTHORIZE, INCLUDING, BUT WITHOUT LIMITATION, PROVISIONS AS TO
17 THE CONSTRUCTION, IMPROVEMENT, OPERATION, MAINTENANCE AND REPAIR
18 OF ANY PROJECT AND THE DUTIES OF THE AUTHORITY WITH REFERENCE
19 THERETO; THE APPLICATION OF FUNDS AND THE INVESTING AND
20 SAFEGUARDING OF FUNDS ON HAND OR ON DEPOSIT, INCLUDING
21 PROVISIONS FOR THE INVESTING AND DEPOSIT OF FUNDS IN OR SECURED
22 BY SUCH OBLIGATIONS AS MAY BE LAWFUL FOR INVESTMENT BY
23 EXECUTORS, ADMINISTRATORS, GUARDIANS, TRUSTEES AND OTHER
24 FIDUCIARIES UNDER THE LAWS OF THIS COMMONWEALTH; THE RIGHTS AND
25 REMEDIES OF SAID TRUSTEE AND THE HOLDERS OF THE BONDS, WHICH MAY
26 INCLUDE RESTRICTIONS UPON THE INDIVIDUAL RIGHT OF ACTION OF SUCH
27 BONDHOLDERS; AND THE TERMS AND PROVISIONS OF THE BONDS OR THE
28 RESOLUTIONS AUTHORIZING THE ISSUANCE OF THE SAME. SAID BONDS
29 SHALL HAVE ALL THE QUALITIES OF NEGOTIABLE INSTRUMENTS UNDER 13
30 PA.C.S. DIV. 3 (RELATING TO NEGOTIABLE INSTRUMENTS).
19990S0706B2064 - 23 -
1 SECTION 2507-B. REMEDIES OF BONDHOLDERS.--(A) THE RIGHTS
2 AND THE REMEDIES HEREIN CONFERRED UPON OR GRANTED TO THE
3 BONDHOLDERS SHALL BE IN ADDITION TO AND NOT IN LIMITATION OF ANY
4 RIGHTS AND REMEDIES LAWFULLY GRANTED TO SUCH BONDHOLDERS BY THE
5 RESOLUTION OR RESOLUTIONS PROVIDING FOR THE ISSUANCE OF BONDS OR
6 BY ANY DEED OF TRUST, INDENTURE OR OTHER AGREEMENT UNDER WHICH
7 THE SAME MAY BE ISSUED. IN THE EVENT THAT THE AUTHORITY SHALL
8 DEFAULT IN THE PAYMENT OF PRINCIPAL OR INTEREST ON ANY OF THE
9 BONDS AFTER THE SAID PRINCIPAL OR INTEREST SHALL BECOME DUE,
10 WHETHER AT MATURITY OR UPON CALL FOR REDEMPTION, AND SUCH
11 DEFAULT SHALL CONTINUE FOR A PERIOD OF THIRTY (30) DAYS, OR IN
12 THE EVENT THAT THE AUTHORITY SHALL FAIL OR REFUSE TO COMPLY WITH
13 THE PROVISIONS OF THIS ARTICLE OR SHALL DEFAULT IN ANY AGREEMENT
14 MADE WITH THE HOLDERS OF THE BONDS, THE HOLDERS OF TWENTY-FIVE
15 PER CENTUM IN AGGREGATE PRINCIPAL AMOUNT OF THE BONDS THEN
16 OUTSTANDING, BY INSTRUMENT OR INSTRUMENTS FILED IN THE OFFICE OF
17 THE RECORDER OF DEEDS OF THE COUNTY AND PROVED OR ACKNOWLEDGED
18 IN THE SAME MANNER AS A DEED TO BE RECORDED, MAY APPOINT A
19 TRUSTEE TO REPRESENT THE BONDHOLDERS FOR THE PURPOSE HEREIN
20 PROVIDED.
21 (B) SUCH TRUSTEE AND ANY TRUSTEE UNDER ANY DEED OF TRUST,
22 INDENTURE OR OTHER AGREEMENT MAY, AND UPON WRITTEN REQUEST OF
23 THE HOLDERS OF TWENTY-FIVE PER CENTUM (OR SUCH OTHER PERCENTAGES
24 AS MAY BE SPECIFIED IN ANY DEED OF TRUST, INDENTURE OR OTHER
25 AGREEMENT AFORESAID) IN PRINCIPAL AMOUNT OF THE BONDS THEN
26 OUTSTANDING SHALL, IN HIS OR ITS OWN NAME:
27 (1) BY MANDAMUS OR OTHER SUIT, ACTION OR PROCEEDING, AT LAW
28 OR IN EQUITY, ENFORCE ALL RIGHTS OF THE BONDHOLDERS, INCLUDING
29 THE RIGHT TO REQUIRE THE AUTHORITY TO COLLECT RENTS, RENTALS AND
30 OTHER CHARGES ADEQUATE TO CARRY OUT ANY AGREEMENT AS TO OR
19990S0706B2064 - 24 -
1 PLEDGE OF THE REVENUES OR RECEIPTS OF THE AUTHORITY AND TO
2 REQUIRE THE AUTHORITY TO CARRY OUT ANY OTHER AGREEMENTS WITH OR
3 FOR THE BENEFIT OF THE BONDHOLDERS AND TO PERFORM ITS AND THEIR
4 DUTIES UNDER THIS ARTICLE;
5 (2) BRING SUIT UPON THE BONDS;
6 (3) BY ACTION OR SUIT IN EQUITY, REQUIRE THE AUTHORITY TO
7 ACCOUNT AS IF IT WERE THE TRUSTEE OF AN EXPRESS TRUST FOR THE
8 BONDHOLDERS;
9 (4) BY ACTION OR SUIT IN EQUITY, ENJOIN ANY ACTS OR THINGS
10 WHICH MAY BE UNLAWFUL OR IN VIOLATION OF THE RIGHT OF THE
11 BONDHOLDERS; OR
12 (5) BY NOTICE IN WRITING TO THE AUTHORITY, DECLARE ALL BONDS
13 DUE AND PAYABLE AND IF ALL DEFAULTS SHALL BE MADE GOOD, THEN
14 WITH THE CONSENT OF THE HOLDERS OF TWENTY-FIVE PER CENTUM (OR
15 SUCH OTHER PERCENTAGE AS MAY BE SPECIFIED IN ANY DEED OF TRUST,
16 INDENTURE OR OTHER AGREEMENT AFORESAID) OF THE PRINCIPAL AMOUNT
17 OF THE BONDS THEN OUTSTANDING, TO ANNUL SUCH DECLARATION AND ITS
18 CONSEQUENCES.
19 (C) THE COURT OF COMMON PLEAS OF THE COUNTY SHALL HAVE
20 JURISDICTION OF ANY SUIT, ACTION OR PROCEEDINGS BY THE TRUSTEE
21 ON BEHALF OF THE BONDHOLDERS. ANY TRUSTEE, WHEN APPOINTED AS
22 AFORESAID OR ACTING UNDER A DEED OF TRUST, INDENTURE OR OTHER
23 AGREEMENT AND WHETHER OR NOT ALL BONDS HAVE BEEN DECLARED DUE
24 AND PAYABLE, SHALL BE ENTITLED AS OF RIGHT TO THE APPOINTMENT OF
25 A RECEIVER, WHO MAY ENTER AND TAKE POSSESSION OF THE FACILITIES
26 OF THE AUTHORITY OR ANY PART OR PARTS THEREOF, THE REVENUES OR
27 RECEIPTS FROM WHICH ARE OR MAY BE APPLICABLE TO THE PAYMENT OF
28 THE BONDS SO IN DEFAULT, AND OPERATE AND MAINTAIN THE SAME AND
29 COLLECT AND RECEIVE ALL RENTALS AND OTHER REVENUES THEREAFTER
30 ARISING THEREFROM IN THE SAME MANNER AS THE AUTHORITY OR THE
19990S0706B2064 - 25 -
1 BOARD MIGHT DO, AND SHALL DEPOSIT ALL SUCH MONEYS IN A SEPARATE
2 ACCOUNT AND APPLY THE SAME IN SUCH MANNER AS THE COURT SHALL
3 DIRECT. IN ANY SUIT, ACTION OR PROCEEDING BY THE TRUSTEE, THE
4 FEES, COUNSEL FEES AND EXPENSES OF THE TRUSTEE AND OF THE
5 RECEIVER, IF ANY, AND ALL COSTS AND DISBURSEMENTS ALLOWED BY THE
6 COURT, SHALL BE A FIRST CHARGE ON ANY REVENUES AND RECEIPTS
7 DERIVED FROM THE FACILITIES OF THE AUTHORITY, THE REVENUES AND
8 RECEIPTS FROM WHICH ARE OR MAY BE APPLICABLE TO THE PAYMENT OF
9 THE BONDS SO IN DEFAULT. SAID TRUSTEE SHALL, IN ADDITION TO THE
10 FOREGOING, HAVE AND POSSESS ALL OF THE POWERS NECESSARY OR
11 APPROPRIATE FOR THE EXERCISE OF ANY FUNCTIONS SPECIFICALLY SET
12 FORTH HEREIN OR INCIDENT TO THE GENERAL REPRESENTATION OF THE
13 BONDHOLDERS IN THE ENFORCEMENT AND PROTECTION OF THEIR RIGHTS.
14 (D) NOTHING IN THIS SECTION OR ANY OTHER SECTION OF THIS
15 ARTICLE SHALL AUTHORIZE ANY RECEIVER APPOINTED PURSUANT TO THIS
16 ARTICLE FOR THE PURPOSE OF OPERATING AND MAINTAINING ANY
17 FACILITIES OF THE AUTHORITY TO SELL, ASSIGN, MORTGAGE OR
18 OTHERWISE DISPOSE OF ANY OF THE ASSETS, OF WHATEVER KIND AND
19 CHARACTER, BELONGING TO THE AUTHORITY. IT IS THE INTENTION OF
20 THIS ARTICLE TO LIMIT THE POWERS OF SUCH RECEIVER TO THE
21 OPERATION AND MAINTENANCE OF THE FACILITIES OF THE AUTHORITY AS
22 THE COURT SHALL DIRECT, AND NO HOLDER OF BONDS OF THE AUTHORITY
23 NOR ANY TRUSTEE SHALL EVER HAVE THE RIGHT IN ANY SUIT, ACTION OR
24 PROCEEDINGS, AT LAW OR IN EQUITY, TO COMPEL A RECEIVER, NOR
25 SHALL ANY RECEIVER EVER BE AUTHORIZED OR ANY COURT BE EMPOWERED
26 TO DIRECT THE RECEIVER, TO SELL, ASSIGN, MORTGAGE OR OTHERWISE
27 DISPOSE OF ANY ASSETS, OF WHATEVER KIND OR CHARACTER, BELONGING
28 TO THE AUTHORITY.
29 SECTION 2508-B. GOVERNING BODY.--(A) THE POWERS OF EACH
30 AUTHORITY SHALL BE EXERCISED BY A BOARD:
19990S0706B2064 - 26 -
1 (1) THE BOARD SHALL BE COMPOSED OF SEVEN MEMBERS, ALL OF
2 WHOM MUST BE RESIDENTS OF THE COUNTY ORGANIZING THE AUTHORITY OR
3 THE COUNTY WHEREIN THE CITY ORGANIZING THE AUTHORITY IS LOCATED.
4 (2) THE COUNTY EXECUTIVE OR THE MAYOR OF THE CITY SHALL
5 APPOINT THE MEMBERS OF THE BOARD.
6 (3) A MEMBER WHO SERVES ON THE BOARD UNDER THE ACT OF JULY
7 29, 1953 (P.L.1034, NO.270), KNOWN AS THE "PUBLIC AUDITORIUM
8 AUTHORITIES ACT," SHALL CONTINUE TO SERVE UNTIL THE CONCLUSION
9 OF THE MEMBER'S TERM.
10 (4) VACANCIES CREATED UNDER THIS SECTION ON A JOINT COUNTY-
11 CITY AUTHORITY SHALL BE FILLED BY APPOINTMENT OF ONE MEMBER BY
12 THE COUNTY EXECUTIVE AND BY APPOINTMENT OF ONE MEMBER BY THE
13 MAYOR OF THE CITY. THE INITIAL TERMS OF MEMBERS APPOINTED UNDER
14 THIS PARAGRAPH SHALL COMMENCE ON JANUARY FIRST NEXT SUCCEEDING
15 THE EFFECTIVE DATE OF THIS ARTICLE. THE INITIAL TERMS OF MEMBERS
16 APPOINTED UNDER THIS PARAGRAPH SHALL BE: ONE MEMBER APPOINTED BY
17 THE MAYOR SHALL SERVE FOR FIVE (5) YEARS AND ONE MEMBER
18 APPOINTED BY THE COUNTY EXECUTIVE SHALL SERVE FOR FOUR (4)
19 YEARS.
20 (5) WHEN A VACANCY HAS OCCURRED OR IS ABOUT TO OCCUR BY
21 REASON OF THE EXPIRATION OF THE TERM OF ANY MEMBER, THE COUNTY
22 EXECUTIVE OR MAYOR, AS THE CASE MAY BE, SHALL APPOINT A MEMBER
23 OF THE BOARD FOR A TERM OF FIVE (5) YEARS TO SUCCEED THE MEMBER
24 WHOSE TERM HAS EXPIRED OR IS ABOUT TO EXPIRE.
25 (6) APPOINTMENTS, IN THE CASE OF A JOINT COUNTY-CITY
26 AUTHORITY, SHALL BE APPORTIONED IN THE FOLLOWING MANNER: THREE
27 MEMBERS TO BE APPOINTED BY THE COUNTY EXECUTIVE; THREE MEMBERS
28 TO BE APPOINTED BY THE MAYOR; AND THE SEVENTH MEMBER TO BE
29 APPOINTED BY CONCURRING ACTION OF THE COUNTY EXECUTIVE AND THE
30 MAYOR. MEMBERS OF THE BOARD MAY BE REMOVED AT THE WILL OF THE
19990S0706B2064 - 27 -
1 APPOINTING POWER, AND, IN THE CASE OF A JOINT COUNTY-CITY
2 AUTHORITY, THE SEVENTH MEMBER MAY BE REMOVED AT WILL BY EITHER
3 OF THE APPOINTING POWERS.
4 (B) MEMBERS SHALL HOLD OFFICE UNTIL THEIR SUCCESSORS HAVE
5 BEEN APPOINTED AND MAY SUCCEED THEMSELVES. A MEMBER SHALL
6 RECEIVE NO COMPENSATION FOR HIS SERVICES BUT SHALL BE ENTITLED
7 TO THE NECESSARY EXPENSES, INCLUDING TRAVELING EXPENSES,
8 INCURRED IN THE DISCHARGE OF HIS DUTIES. IF A VACANCY SHALL
9 OCCUR BY REASON OF THE DEATH, DISQUALIFICATION, RESIGNATION OR
10 REMOVAL OF A MEMBER, THE APPOINTING POWER SHALL APPOINT A
11 SUCCESSOR TO FILL HIS UNEXPIRED TERM.
12 (C) THE MEMBERS OF THE BOARD SHALL SELECT FROM AMONG
13 THEMSELVES A CHAIRMAN, A VICE-CHAIRMAN AND SUCH OTHER OFFICERS
14 AS THE BOARD MAY DETERMINE. THE BOARD MAY EMPLOY A SECRETARY, AN
15 EXECUTIVE DIRECTOR, ITS OWN COUNSEL AND LEGAL STAFF AND SUCH
16 TECHNICAL EXPERTS AND SUCH OTHER AGENTS AND EMPLOYES, PERMANENT
17 OR TEMPORARY, AS IT MAY REQUIRE, AND MAY DETERMINE THE
18 QUALIFICATIONS AND FIX THE COMPENSATION OF SUCH PERSONS. FOUR
19 MEMBERS OF THE BOARD SHALL CONSTITUTE A QUORUM FOR ITS MEETINGS.
20 MEMBERS OF THE BOARD SHALL NOT BE LIABLE PERSONALLY ON THE BONDS
21 OR OTHER OBLIGATIONS OF THE AUTHORITY AND THE RIGHTS OF
22 CREDITORS SHALL BE SOLELY AGAINST SUCH AUTHORITY. THE BOARD MAY
23 DELEGATE TO ONE OR MORE OF ITS AGENTS OR EMPLOYES SUCH OF ITS
24 POWERS AS IT SHALL DEEM NECESSARY TO CARRY OUT THE PURPOSES OF
25 THIS ARTICLE, SUBJECT ALWAYS TO THE SUPERVISION AND CONTROL OF
26 THE BOARD. THE BOARD SHALL HAVE FULL AUTHORITY TO MANAGE THE
27 PROPERTIES AND BUSINESS OF THE AUTHORITY AND TO PRESCRIBE, AMEND
28 AND REPEAL BY-LAWS, RULES AND REGULATIONS GOVERNING THE MANNER
29 IN WHICH THE BUSINESS OF THE AUTHORITY MAY BE CONDUCTED AND THE
30 POWERS GRANTED TO IT MAY BE EXERCISED AND EMBODIED.
19990S0706B2064 - 28 -
1 SECTION 2509-B. MONEYS OF THE AUTHORITY.--ALL MONEYS OF ANY
2 AUTHORITY, FROM WHATEVER SOURCE DERIVED, SHALL BE PAID TO THE
3 TREASURER OF THE AUTHORITY. SAID MONEYS SHALL BE DEPOSITED IN
4 THE FIRST INSTANCE BY THE TREASURER IN ONE OR MORE BANKS OR
5 TRUST COMPANIES, IN ONE OR MORE SPECIAL ACCOUNTS AND EACH OF
6 SUCH SPECIAL ACCOUNTS, TO THE EXTENT THE SAME IS NOT INSURED,
7 SHALL BE CONTINUOUSLY SECURED BY A PLEDGE OF DIRECT OBLIGATIONS
8 OF THE UNITED STATES OF AMERICA, OF THE COMMONWEALTH OR OF THE
9 COUNTY OR CITY CREATING THE AUTHORITY, HAVING AN AGGREGATE
10 MARKET VALUE, EXCLUSIVE OF ACCRUED INTEREST, AT ALL TIMES, AT
11 LEAST EQUAL TO THE BALANCE ON DEPOSIT IN SUCH ACCOUNT. SUCH
12 SECURITIES SHALL EITHER BE DEPOSITED WITH THE TREASURER OR BE
13 HELD BY A TRUSTEE OR AGENT SATISFACTORY TO THE AUTHORITY. ALL
14 BANKS AND TRUST COMPANIES ARE AUTHORIZED TO GIVE SUCH SECURITY
15 FOR SUCH DEPOSITS. THE MONEYS IN SAID ACCOUNTS SHALL BE PAID OUT
16 ON THE WARRANT OR OTHER ORDER OF THE CHAIRMAN OF THE AUTHORITY
17 OR OF SUCH OTHER PERSON OR PERSONS AS THE AUTHORITY MAY
18 AUTHORIZE TO EXECUTE SUCH WARRANTS OR ORDERS. EVERY AUTHORITY
19 SHALL HAVE AT LEAST AN ANNUAL EXAMINATION OF ITS BOOKS, ACCOUNTS
20 AND RECORDS BY A CERTIFIED PUBLIC ACCOUNTANT. A COPY OF SUCH
21 AUDIT SHALL BE DELIVERED TO THE COUNTY OR CITY CREATING THE
22 AUTHORITY. A CONCISE FINANCIAL STATEMENT SHALL BE PUBLISHED
23 ANNUALLY AT LEAST ONCE IN A NEWSPAPER OF GENERAL CIRCULATION IN
24 THE COUNTY OR CITY WHERE THE PRINCIPAL OFFICE OF THE AUTHORITY
25 IS LOCATED. IF SUCH PUBLICATION IS NOT MADE BY THE AUTHORITY,
26 THE COUNTY OR CITY SHALL PUBLISH SUCH STATEMENT AT THE EXPENSE
27 OF THE AUTHORITY. IF THE AUTHORITY FAILS TO MAKE SUCH AN AUDIT,
28 THEN THE CONTROLLER, AUDITORS OR ACCOUNTANT DESIGNATED BY THE
29 COUNTY OR CITY ARE HEREBY AUTHORIZED AND EMPOWERED FROM TIME TO
30 TIME TO EXAMINE, AT THE EXPENSE OF THE AUTHORITY, THE ACCOUNTS
19990S0706B2064 - 29 -
1 AND BOOKS OF THE AUTHORITY, INCLUDING ITS RECEIPTS,
2 DISBURSEMENTS, CONTRACTS, LEASES, SINKING FUNDS, INVESTMENTS AND
3 ANY OTHER MATTERS RELATING TO ITS FINANCES, OPERATION AND
4 AFFAIRS. THE ATTORNEY GENERAL SHALL HAVE THE RIGHT TO EXAMINE
5 THE BOOKS, ACCOUNTS AND RECORDS OF ANY AUTHORITY.
6 SECTION 2510-B. TRANSFER OF EXISTING FACILITIES OR FUNDS AND
7 THE MAKING OF ANNUAL GRANTS TO AUTHORITY.--(A) ANY MUNICIPALITY
8 OR OWNER MAY AND THEY ARE HEREBY AUTHORIZED TO SELL, LEASE,
9 LEND, GRANT, CONVEY, TRANSFER OR PAY OVER TO ANY AUTHORITY, WITH
10 OR WITHOUT CONSIDERATION, ANY PROJECT OR ANY PART OR PARTS
11 THEREOF, OR ANY INTEREST IN REAL OR PERSONAL PROPERTY, OR ANY
12 FUNDS AVAILABLE FOR BUILDING, CONSTRUCTION OR IMPROVEMENT
13 PURPOSES, INCLUDING THE PROCEEDS OF BONDS PREVIOUSLY OR
14 HEREAFTER ISSUED FOR BUILDING, CONSTRUCTION OR IMPROVEMENT
15 PURPOSES, WHICH MAY BE USED BY THE AUTHORITY IN THE
16 CONSTRUCTION, IMPROVEMENT, MAINTENANCE OR OPERATION OF ANY
17 PROJECT, AND ANY MUNICIPALITY IS HEREBY EMPOWERED TO ISSUE
18 GENERAL OBLIGATION BONDS FOR THE PURPOSE OF PROVIDING FUNDS FOR
19 THE BUILDING, CONSTRUCTION OR IMPROVEMENT OF A PUBLIC AUDITORIUM
20 AND TRANSFERRING SAID FUNDS TO AN AUTHORITY CREATED UNDER THIS
21 ARTICLE.
22 (B) ANY MUNICIPALITY MAY AND IT IS HEREBY AUTHORIZED TO MAKE
23 ANNUAL GRANTS FROM CURRENT REVENUES TO THE AUTHORITY TO ASSIST
24 IN DEFRAYING THE COSTS OF OPERATION, MAINTENANCE AND DEBT
25 SERVICE OF THE PROJECT AND TO ENTER INTO LONG TERM AGREEMENTS
26 PROVIDING FOR THE PAYMENT OF THE SAME.
27 SECTION 2511-B. COMPETITION IN AWARD OF CONTRACTS.--(A) ALL
28 CONSTRUCTION, RECONSTRUCTION, REPAIRS OR WORK OF ANY NATURE MADE
29 BY ANY AUTHORITY, WHERE THE ENTIRE COST, VALUE OR AMOUNT OF SUCH
30 CONSTRUCTION, RECONSTRUCTION, REPAIRS OR WORK, INCLUDING LABOR
19990S0706B2064 - 30 -
1 AND MATERIALS, SHALL EXCEED TEN THOUSAND DOLLARS ($10,000),
2 EXCEPT CONSTRUCTION, RECONSTRUCTION, REPAIRS OR WORK DONE BY
3 EMPLOYES OF SAID AUTHORITY OR BY LABOR SUPPLIED UNDER AGREEMENT
4 WITH ANY FEDERAL OR STATE AGENCY WITH SUPPLIES AND MATERIALS
5 PURCHASED, AS HEREINAFTER PROVIDED, SHALL BE DONE ONLY UNDER
6 CONTRACT OR CONTRACTS TO BE ENTERED INTO BY THE AUTHORITY WITH
7 THE LOWEST RESPONSIBLE BIDDER UPON PROPER TERMS, AFTER DUE
8 PUBLIC NOTICE HAS BEEN GIVEN ASKING FOR COMPETITIVE BIDS
9 HEREINAFTER PROVIDED. NO CONTRACT SHALL BE ENTERED INTO FOR
10 CONSTRUCTION OR IMPROVEMENT OR REPAIR OF ANY PROJECT OR PORTION
11 THEREOF UNLESS THE CONTRACTOR SHALL GIVE AN UNDERTAKING, WITH A
12 SUFFICIENT SURETY OR SURETIES APPROVED BY THE AUTHORITY AND IN
13 AN AMOUNT FIXED BY THE AUTHORITY, FOR THE FAITHFUL PERFORMANCE
14 OF THE CONTRACT. ALL SUCH CONTRACTS SHALL PROVIDE, AMONG OTHER
15 THINGS, THAT THE PERSON OR CORPORATION ENTERING INTO SUCH
16 CONTRACT WITH THE AUTHORITY WILL PAY FOR ALL MATERIALS FURNISHED
17 AND SERVICES RENDERED FOR THE PERFORMANCE OF THE CONTRACT AND
18 THAT ANY PERSON OR CORPORATION FURNISHING SUCH MATERIALS OR
19 RENDERING SUCH SERVICES MAY MAINTAIN AN ACTION TO RECOVER FOR
20 THE SAME AGAINST THE OBLIGOR IN THE UNDERTAKING AS THOUGH SUCH
21 PERSON OR CORPORATION WAS NAMED THEREIN, PROVIDED THE ACTION IS
22 BROUGHT WITHIN ONE (1) YEAR AFTER THE TIME THE CAUSE OF ACTION
23 ACCRUED. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE
24 POWER OF THE AUTHORITY TO CONSTRUCT, REPAIR OR IMPROVE ANY
25 PROJECT OR PORTION THEREOF OR ANY ADDITION, BETTERMENT OR
26 EXTENSION THERETO DIRECTLY BY THE OFFICERS, AGENTS AND EMPLOYES
27 OF THE AUTHORITY OR OTHERWISE THAN BY CONTRACT.
28 (B) ALL SUPPLIES AND MATERIALS COSTING TEN THOUSAND DOLLARS
29 ($10,000) OR MORE SHALL BE PURCHASED ONLY AFTER DUE
30 ADVERTISEMENT AS HEREINAFTER PROVIDED. THE AUTHORITY SHALL
19990S0706B2064 - 31 -
1 ACCEPT THE LOWEST BID OR BIDS, KINDS, QUALITY AND MATERIAL BEING
2 EQUAL, BUT THE AUTHORITY SHALL HAVE THE RIGHT TO REJECT ANY OR
3 ALL BIDS OR SELECT A SINGLE ITEM FROM ANY BID. THE PROVISIONS AS
4 TO BIDDING SHALL NOT APPLY TO THE PURCHASE OF PATENTED AND
5 MANUFACTURED PRODUCTS OFFERED FOR SALE IN A NON-COMPETITIVE
6 MARKET OR SOLELY BY A MANUFACTURER'S AUTHORIZED DEALER.
7 (B.1) WRITTEN OR TELEPHONIC PRICE QUOTATIONS FROM AT LEAST
8 THREE (3) QUALIFIED AND RESPONSIBLE CONTRACTORS SHALL BE
9 REQUESTED FOR ALL CONTRACTS THAT EXCEED FOUR THOUSAND DOLLARS
10 ($4,000) BUT ARE LESS THAN THE AMOUNT REQUIRING ADVERTISEMENT
11 AND COMPETITIVE BIDDING OR, IN LIEU OF PRICE QUOTATIONS, A
12 MEMORANDUM SHALL BE KEPT ON FILE SHOWING THAT FEWER THAN THREE
13 (3) QUALIFIED CONTRACTORS EXIST IN THE MARKET AREA WITHIN WHICH
14 IT IS PRACTICABLE TO OBTAIN QUOTATIONS. A WRITTEN RECORD OF
15 TELEPHONIC PRICE QUOTATIONS SHALL BE MADE AND SHALL CONTAIN AT
16 LEAST THE DATE OF THE QUOTATION, THE NAME OF THE CONTRACTOR AND
17 THE CONTRACTOR'S REPRESENTATIVE, THE CONSTRUCTION,
18 RECONSTRUCTION, REPAIR, MAINTENANCE OR WORK WHICH WAS THE
19 SUBJECT OF THE QUOTATION AND THE PRICE. WRITTEN PRICE
20 QUOTATIONS, WRITTEN RECORDS OF TELEPHONIC PRICE QUOTATIONS AND
21 MEMORANDA SHALL BE RETAINED FOR A PERIOD OF THREE (3) YEARS.
22 (C) THE TERMS, ADVERTISEMENT OR DUE PUBLIC NOTICE, WHEREVER
23 USED IN THIS SECTION, SHALL MEAN A NOTICE PUBLISHED AT LEAST TEN
24 (10) DAYS BEFORE THE AWARD ON ANY CONTRACT IN A NEWSPAPER OF
25 GENERAL CIRCULATION PUBLISHED IN THE MUNICIPALITY WHERE THE
26 AUTHORITY HAS ITS PRINCIPAL OFFICE, AND IF NO NEWSPAPER IS
27 PUBLISHED THEREIN THEN BY PUBLICATION IN A NEWSPAPER IN THE
28 COUNTY WHERE THE AUTHORITY HAS ITS PRINCIPAL OFFICE: PROVIDED,
29 THAT SUCH NOTICE MAY BE WAIVED WHERE THE AUTHORITY DETERMINES AN
30 EMERGENCY EXISTS AND SUCH SUPPLIES AND MATERIALS MUST BE
19990S0706B2064 - 32 -
1 IMMEDIATELY PURCHASED BY THE SAID AUTHORITY.
2 (D) NO MEMBER OF THE AUTHORITY OR OFFICER OR EMPLOYE THEREOF
3 SHALL, EITHER DIRECTLY OR INDIRECTLY, BE A PARTY TO OR BE IN ANY
4 MANNER INTERESTED IN ANY CONTRACT OR AGREEMENT WITH THE
5 AUTHORITY FOR ANY MATTER, CAUSE OR THING WHATSOEVER, BY REASON
6 WHEREOF ANY LIABILITY OR INDEBTEDNESS SHALL IN ANY WAY BE
7 CREATED AGAINST SUCH AUTHORITY. IF ANY CONTRACT OR AGREEMENT
8 SHALL BE MADE IN VIOLATION OF THE PROVISION OF THIS SECTION, THE
9 SAME SHALL BE NULL AND VOID AND NO ACTION SHALL BE MAINTAINED
10 THEREON AGAINST SUCH AUTHORITY.
11 (E) SUBJECT TO THE AFORESAID, ANY AUTHORITY MAY (BUT WITHOUT
12 INTENDING BY THIS PROVISION TO LIMIT ANY POWERS OF SUCH
13 AUTHORITY) ENTER INTO AND CARRY OUT SUCH CONTRACTS OR ESTABLISH
14 OR COMPLY WITH SUCH RULES AND REGULATIONS CONCERNING LABOR AND
15 MATERIALS AND OTHER RELATED MATTERS, IN CONNECTION WITH ANY
16 PROJECT OR PORTION THEREOF, AS THE AUTHORITY MAY DEEM DESIRABLE,
17 OR AS MAY BE REQUESTED BY ANY FEDERAL AGENCY THAT MAY ASSIST IN
18 THE FINANCING OF SUCH PROJECT OR ANY PART THEREOF: PROVIDED,
19 HOWEVER, THAT THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO
20 ANY CASE IN WHICH THE AUTHORITY HAS TAKEN OVER BY TRANSFER OR
21 ASSIGNMENT ANY CONTRACT AUTHORIZED TO BE ASSIGNED TO IT UNDER
22 THE PROVISIONS OF SECTION 2510-B, NOR TO ANY CONTRACT IN
23 CONNECTION WITH THE CONSTRUCTION OF ANY PROJECT WHICH THE
24 AUTHORITY MAY HAVE HAD TRANSFERRED TO IT BY ANY PERSON OR
25 PRIVATE CORPORATION.
26 (F) EVERY CONTRACT FOR THE CONSTRUCTION, RECONSTRUCTION,
27 ALTERATION, REPAIR, IMPROVEMENT OR MAINTENANCE OF PUBLIC WORKS
28 SHALL COMPLY WITH THE PROVISIONS OF THE ACT OF MARCH 3, 1978
29 (P.L.6, NO.3), KNOWN AS THE "STEEL PRODUCTS PROCUREMENT ACT."
30 (G) AN AUTHORITY SHALL NOT EVADE THE PROVISIONS OF THIS
19990S0706B2064 - 33 -
1 SECTION AS TO ADVERTISING FOR BIDS OR PURCHASING MATERIALS OR
2 CONTRACTING FOR SERVICES PIECEMEAL FOR THE PURPOSE OF OBTAINING
3 PRICES UNDER TEN THOUSAND DOLLARS ($10,000) UPON TRANSACTIONS
4 WHICH SHOULD, IN THE EXERCISE OF REASONABLE DISCRETION AND
5 PRUDENCE, BE CONDUCTED AS ONE TRANSACTION AMOUNTING TO MORE THAN
6 TEN THOUSAND DOLLARS ($10,000). THIS PROVISION IS INTENDED TO
7 MAKE UNLAWFUL THE PRACTICE OF EVADING ADVERTISING REQUIREMENTS
8 BY MAKING A SERIES OF PURCHASES OR CONTRACTS EACH FOR LESS THAN
9 THE ADVERTISING REQUIREMENT PRICE OR BY MAKING SEVERAL
10 SIMULTANEOUS PURCHASES OR CONTRACTS EACH BELOW SAID PRICE, WHEN
11 IN EITHER CASE THE TRANSACTION INVOLVED SHOULD HAVE BEEN MADE AS
12 ONE TRANSACTION FOR ONE PRICE.
13 (H) ANY MEMBER OF THE AUTHORITY WHO VOTES TO UNLAWFULLY
14 EVADE THE PROVISIONS OF THIS SECTION AND WHO KNOWS THAT THE
15 TRANSACTION UPON WHICH HE SO VOTES IS OR OUGHT TO BE A PART OF A
16 LARGER TRANSACTION AND THAT IT IS BEING DIVIDED IN ORDER TO
17 EVADE THE REQUIREMENTS AS TO ADVERTISING FOR BIDS COMMITS A
18 MISDEMEANOR OF THE THIRD DEGREE FOR EACH CONTRACT ENTERED INTO
19 AS A DIRECT RESULT OF THAT VOTE.
20 SECTION 2512-B. ACQUISITION OF LANDS.--THE AUTHORITY SHALL
21 HAVE THE POWER TO ACQUIRE, BY PURCHASE OR EMINENT DOMAIN
22 PROCEEDINGS, EITHER THE FEE OR SUCH RIGHT, TITLE, INTEREST OR
23 EASEMENT IN SUCH LANDS AS THE AUTHORITY MAY DEEM NECESSARY FOR
24 THE PURPOSE MENTIONED IN THIS ARTICLE: PROVIDED, HOWEVER, THAT
25 NO PROPERTY OWNED OR USED BY THE UNITED STATES, THE
26 COMMONWEALTH, ANY POLITICAL SUBDIVISION THEREOF, OR ANY BODY
27 POLITIC AND CORPORATE ORGANIZED AS AN "AUTHORITY" UNDER ANY LAW
28 OF THE COMMONWEALTH OR BY ANY AGENCY OR ANY OF THEM, NOR ANY
29 PROPERTY OF A PUBLIC SERVICE COMPANY, PROPERTY USED FOR BURIAL
30 PURPOSES, PLACES OF PUBLIC WORSHIP, SHALL BE TAKEN UNDER THE
19990S0706B2064 - 34 -
1 RIGHT OF EMINENT DOMAIN. THE RIGHT OF EMINENT DOMAIN SHALL BE
2 EXERCISED BY THE AUTHORITY IN THE MANNER PROVIDED BY LAW FOR THE
3 EXERCISE OF SUCH RIGHT BY MUNICIPALITIES OF THE SAME CLASS AS
4 THE MUNICIPALITY BY WHICH SUCH AUTHORITY WAS ORGANIZED. IN THE
5 CASE OF A JOINT AUTHORITY, RIGHT OF EMINENT DOMAIN SHALL BE
6 EXERCISED BY THE AUTHORITY IN THE SAME MANNER AS IS PROVIDED BY
7 LAW FOR THE EXERCISE OF SUCH RIGHT BY MUNICIPALITIES OF THE SAME
8 CLASS AS THE MUNICIPALITY IN WHICH THE RIGHT OF EMINENT DOMAIN
9 IS TO BE EXERCISED, EXCEPT THAT WHERE THE RIGHT IS TO BE
10 EXERCISED IN A CITY LOCATED IN A COUNTY AND BOTH ARE MEMBERS OF
11 THE AUTHORITY, THE LAW ESTABLISHED FOR THE CITY SHALL GOVERN.
12 SECTION 2513-B. USE OF PROJECTS.--THE USE OF THE FACILITIES
13 OF THE AUTHORITY AND THE OPERATION OF ITS BUSINESS SHALL BE
14 SUBJECT TO THE RULES AND REGULATIONS FROM TIME TO TIME ADOPTED
15 BY THE AUTHORITY: PROVIDED, HOWEVER, THAT THE AUTHORITY SHALL
16 NOT BE AUTHORIZED TO DO ANYTHING WHICH WILL IMPAIR THE SECURITY
17 OF THE HOLDERS OF THE OBLIGATIONS OF THE AUTHORITY OR VIOLATE
18 ANY AGREEMENTS WITH THEM OR FOR THEIR BENEFIT.
19 SECTION 2514-B. LIMITATION OF POWERS.--THE COMMONWEALTH DOES
20 HEREBY PLEDGE TO AND AGREE WITH ANY PERSON, FIRM OR CORPORATION,
21 OR FEDERAL AGENCY, SUBSCRIBING TO OR ACQUIRING THE BONDS TO BE
22 ISSUED BY THE AUTHORITY FOR THE CONSTRUCTION, EXTENSION,
23 IMPROVEMENT OR ENLARGEMENT OF ANY PROJECT OR PART THEREOF, THAT
24 THE COMMONWEALTH WILL NOT LIMIT OR ALTER THE RIGHTS HEREBY
25 VESTED IN THE AUTHORITY UNTIL ALL BONDS AT ANY TIME ISSUED,
26 TOGETHER WITH THE INTEREST THEREON, ARE FULLY MET AND
27 DISCHARGED. THE COMMONWEALTH DOES FURTHER PLEDGE TO AND AGREE
28 WITH THE UNITED STATES AND ANY OTHER FEDERAL AGENCY THAT IN THE
29 EVENT THAT ANY FEDERAL AGENCY SHALL CONSTRUCT OR CONTRIBUTE ANY
30 FUNDS FOR THE CONSTRUCTION, EXTENSION, IMPROVEMENT OR
19990S0706B2064 - 35 -
1 ENLARGEMENT OF ANY PROJECT OR ANY PORTION THEREOF, THE
2 COMMONWEALTH WILL NOT ALTER OR LIMIT THE RIGHTS AND POWERS OF
3 THE AUTHORITY IN ANY MANNER WHICH WOULD BE INCONSISTENT WITH THE
4 CONTINUED MAINTENANCE AND OPERATION OF THE PROJECT OR THE
5 IMPROVEMENT THEREOF OR WHICH WOULD BE INCONSISTENT WITH THE DUE
6 PERFORMANCE OF ANY AGREEMENTS BETWEEN THE AUTHORITY AND ANY SUCH
7 FEDERAL AGENCY, AND THE AUTHORITY SHALL CONTINUE TO HAVE AND MAY
8 EXERCISE ALL POWERS HEREIN GRANTED SO LONG AS THE SAME SHALL BE
9 NECESSARY OR DESIRABLE FOR THE CARRYING OUT OF THE PURPOSES OF
10 THIS ARTICLE AND THE PURPOSES OF THE UNITED STATES IN THE
11 CONSTRUCTION OR IMPROVEMENT OR ENLARGEMENT OF THE PROJECT OR
12 SUCH PORTION THEREOF.
13 SECTION 2515-B. TERMINATION OF AUTHORITY.--WHEN ANY
14 AUTHORITY SHALL HAVE FINALLY PAID AND DISCHARGED ALL BONDS
15 WHICH, TOGETHER WITH THE INTEREST DUE THEREON, SHALL HAVE BEEN
16 SECURED BY A PLEDGE OF ANY OF THE REVENUES OR RECEIPTS OF A
17 PROJECT, IT MAY (SUBJECT TO ANY AGREEMENTS CONCERNING THE
18 OPERATION OR DISPOSITION OF SUCH PROJECT) CONVEY SUCH PROJECT TO
19 THE COUNTY OR CITY CREATING THE AUTHORITY AND TERMINATE ITS
20 EXISTENCE. A CERTIFICATE REQUESTING THE TERMINATION OF THE
21 EXISTENCE OF THE AUTHORITY SHALL BE SUBMITTED TO THE COUNTY OR
22 CITY CREATING THE AUTHORITY. IF THE CERTIFICATE IS APPROVED BY
23 THE COUNTY OR CITY, THEN THE CERTIFICATE, ENDORSED WITH SUCH
24 APPROVAL, SHALL BE FILED WITH THE SECRETARY OF THE COMMONWEALTH,
25 AND THEREUPON THE SAID SECRETARY SHALL NOTE THE TERMINATION OF
26 EXISTENCE ON THE RECORD OF INCORPORATION AND RETURN THE
27 CERTIFICATE WITH HIS APPROVAL SHOWN THEREON TO THE BOARD.
28 THEREUPON, THE PROPERTY OF SAID AUTHORITY SHALL PASS TO THE
29 COUNTY OR CITY AND THE AUTHORITY SHALL CEASE TO EXIST.
30 SECTION 2516-B. EXEMPTION FROM TAXATION.--THE EFFECTUATION
19990S0706B2064 - 36 -
1 OF THE AUTHORIZED PURPOSE OF AUTHORITIES CREATED UNDER THIS
2 ARTICLE SHALL AND WILL BE IN ALL RESPECTS FOR THE BENEFIT OF THE
3 PEOPLE OF THE COMMONWEALTH, FOR THE INCREASE OF THEIR COMMERCE
4 AND PROSPERITY AND FOR THE IMPROVEMENT OF THEIR HEALTH AND
5 LIVING CONDITIONS, AND SINCE SUCH AUTHORITIES WILL BE PERFORMING
6 ESSENTIAL GOVERNMENTAL FUNCTIONS IN EFFECTUATING SUCH PURPOSES,
7 SUCH AUTHORITIES SHALL NOT BE REQUIRED TO PAY ANY TAXES OR
8 ASSESSMENTS UPON ANY PROPERTY ACQUIRED OR USED OR PERMITTED TO
9 BE USED BY THEM FOR SUCH PURPOSES, AND THE BONDS ISSUED BY ANY
10 AUTHORITY, THEIR TRANSFER AND THE INCOME THEREFROM (INCLUDING
11 ANY PROFITS MADE ON THE SALE THEREOF), SHALL AT ALL TIMES BE
12 FREE FROM TAXATION WITHIN THE COMMONWEALTH.
13 SECTION 2517-B. CONVEYANCE AND LEASE BY AUTHORITIES.--(A)
14 THE PROJECT ESTABLISHED UNDER THIS ARTICLE MAY BE ACQUIRED BY
15 THE INCORPORATING COUNTY OR CITY. THE SAID COUNTY OR CITY SHALL,
16 BY APPROPRIATE RESOLUTION OR ORDINANCE, SIGNIFY ITS OR THEIR
17 DESIRE TO DO SO, AND THEREUPON THE AUTHORITY SHALL CONVEY, BY
18 APPROPRIATE INSTRUMENT, SAID PROJECT TO THE COUNTY OR CITY, UPON
19 THE ASSUMPTION BY THE COUNTY OR CITY OF ALL OBLIGATIONS INCURRED
20 BY THE AUTHORITY WITH RESPECT TO THE PROJECT.
21 (B) THE PROJECT ESTABLISHED UNDER THIS ARTICLE MAY BE LEASED
22 BY THE AUTHORITY TO THE INCORPORATING COUNTY OR CITY AND THE
23 SAID COUNTY OR CITY IS HEREBY EMPOWERED TO ENTER INTO A LEASE
24 FOR SUCH PURPOSE.
25 SECTION 2518-B. CONSTRUCTION.--THE ADDITION OF ARTICLE XXV-B
26 SHALL BE DEEMED A CONTINUATION OF THE ACT OF JULY 29, 1953
27 (P.L.1034, NO.270), KNOWN AS THE "PUBLIC AUDITORIUM AUTHORITIES
28 LAW."
29 ARTICLE XXX-B
30 COUNTY JAIL OVERSIGHT BOARD
19990S0706B2064 - 37 -
1 SECTION 3001-B. SHORT TITLE.--THIS ARTICLE SHALL BE KNOWN
2 AND MAY BE CITED AS THE "COUNTY JAIL OVERSIGHT BOARD ACT."
3 SECTION 3002-B. DEFINITIONS.--UNLESS THE CONTEXT CLEARLY
4 INDICATES OTHERWISE, THE FOLLOWING WORDS AND PHRASES WHEN USED
5 IN THIS ARTICLE SHALL HAVE THE FOLLOWING MEANINGS:
6 "BOARD," THE COUNTY JAIL OVERSIGHT BOARD OF A COUNTY.
7 "COUNTY," A COUNTY OF THE SECOND CLASS.
8 SECTION 3003-B. COUNTY JAIL OVERSIGHT BOARD.--(A) THERE IS
9 HEREBY ESTABLISHED A COUNTY JAIL OVERSIGHT BOARD IN ANY COUNTY
10 WHICH SHALL BE NAMED THE " COUNTY JAIL OVERSIGHT
11 BOARD." THE BOARD SHALL BE A CONTINUATION OF THE COUNTY PRISON
12 BOARD ORIGINALLY ESTABLISHED UNDER THE ACT OF DECEMBER 10, 1980
13 (P.L.1152, NO.208), KNOWN AS THE "SECOND CLASS COUNTY PRISON
14 BOARD ACT."
15 (B) THE BOARD SHALL BE COMPOSED OF:
16 (1) THE COUNTY CHIEF EXECUTIVE.
17 (2) TWO JUDGES OF THE COURT OF COMMON PLEAS, ONE OF WHOM
18 SHALL BE THE PRESIDENT JUDGE, OR HIS DESIGNEE WHO SHALL BE A
19 JUDGE, AND ONE JUDGE APPOINTED BY THE PRESIDENT JUDGE.
20 (3) THE COUNTY SHERIFF.
21 (4) THE COUNTY CONTROLLER.
22 (5) THE PRESIDENT OF COUNTY COUNCIL OR HIS DESIGNEE.
23 (6) THREE CITIZEN MEMBERS AS PROVIDED IN SUBSECTION (C).
24 (C) THE THREE CITIZEN MEMBERS SHALL NOT BE EMPLOYES OF THE
25 COUNTY OR OF THE COMMONWEALTH. THEY SHALL SERVE FOR A TERM OF
26 THREE YEARS, AND SHALL BE REPRESENTATIVE OF THE BROAD SEGMENTS
27 OF THE COUNTY'S POPULATION AND SHALL INCLUDE PERSONS WHOSE
28 BACKGROUND AND EXPERIENCE INDICATE THAT THEY ARE QUALIFIED TO
29 ACT IN THE INTEREST OF THE PUBLIC. THE CITIZEN MEMBERS SHALL BE
30 APPOINTED BY THE COUNTY CHIEF EXECUTIVE WITH THE CONSENT OF
19990S0706B2064 - 38 -
1 COUNTY COUNCIL.
2 SECTION 3004-B. POWERS AND DUTIES.--(A) THE BOARD'S
3 ADMINISTRATIVE POWERS AND DUTIES SHALL INCLUDE THE OPERATION AND
4 MAINTENANCE OF THE PRISON AND ALL ALTERNATIVE HOUSING
5 FACILITIES, THE OVERSIGHT OF THE HEALTH AND SAFEKEEPING OF
6 INMATES AND THE CONFIRMATION OF THE CHIEF EXECUTIVE'S SELECTION
7 OF A WARDEN.
8 (B) THE BOARD SHALL INSURE THAT THE LIVING CONDITIONS WITHIN
9 THE PRISON ARE HEALTHFUL AND OTHERWISE ADEQUATE.
10 (C) THE BOARD SHALL, AT LEAST TWICE EACH YEAR, CONDUCT AN
11 UNANNOUNCED INSPECTION OF THE PRISON'S PHYSICAL PLANT. DURING
12 SUCH INSPECTIONS THE BOARD SHALL INTERVIEW A CROSS-SECTION OF
13 INMATES, OUT OF THE PRESENCE OF THE WARDEN AND HIS AGENTS, TO
14 DETERMINE THE CONDITIONS WITHIN THE PRISON. AFTER EACH
15 INSPECTION, THE BOARD SHALL PREPARE A WRITTEN REPORT SETTING
16 FORTH ITS FINDINGS AND DETERMINATIONS WHICH SHALL BE AVAILABLE
17 FOR PUBLIC INSPECTION.
18 (D) THE BOARD SHALL INSURE THAT THE PRISON IS BEING OPERATED
19 IN ACCORDANCE WITH ITS REGULATIONS, THE LAWS AND REGULATIONS OF
20 THE COMMONWEALTH AND OF THE UNITED STATES.
21 (E) THE BOARD SHALL INVESTIGATE ALLEGATIONS OF INADEQUATE
22 PRISON CONDITIONS AND IMPROPER PRACTICES OCCURRING WITHIN THE
23 PRISON AND MAY MAKE SUCH OTHER INVESTIGATIONS OR REVIEWS OF
24 PRISON OPERATION AND MAINTENANCE. THE BOOKS, PAPERS AND RECORDS
25 OF THE PRISON, INCLUDING, BUT NOT LIMITED TO, THE PAPERS AND
26 RECORDS OF THE WARDEN AND THOSE RELATING TO INDIVIDUAL INMATES,
27 SHALL AT ALL TIMES BE AVAILABLE FOR INSPECTION BY THE BOARD.
28 SECTION 3005-B. RULES AND REGULATIONS.--THE BOARD SHALL, IN
29 THE MANNER PROVIDED BY LAW, PROMULGATE SUCH RULES, REGULATIONS
30 AND FORMS IT DEEMS NECESSARY FOR THE PROPER ADMINISTRATION OF
19990S0706B2064 - 39 -
1 THE BOARD AND FOR THE OPERATION OF THE PRISON.
2 SECTION 3006-B. WARDEN.--(A) (1) THE CHIEF EXECUTIVE SHALL
3 APPOINT A WARDEN SUBJECT TO CONFIRMATION BY THE BOARD. THE
4 WARDEN SHALL SERVE AT THE PLEASURE OF THE CHIEF EXECUTIVE WHO
5 SHALL FIX AN APPROPRIATE SALARY.
6 (2) THE WARDEN SHALL BE A RESIDENT OF THE COUNTY SIX MONTHS
7 AFTER THE DATE OF APPOINTMENT.
8 (B) SUBJECT TO APPROVAL OF THE MANAGER, THE WARDEN SHALL
9 EMPLOY DEPUTIES, ASSISTANTS AND OTHER PERSONNEL REQUIRED TO
10 ADEQUATELY OPERATE THE PRISON.
11 (C) THE WARDEN SHALL SUBMIT AN ANNUAL WRITTEN REPORT TO THE
12 BOARD WHICH SHALL CONTAIN INFORMATION ON THE POPULATION,
13 CONDITIONS AND PRACTICES IN THE PRISON, AND OTHER MATTERS AS
14 SPECIFIED BY THE BOARD. THE ANNUAL REPORT SHALL BE AVAILABLE FOR
15 PUBLIC INSPECTION.
16 (D) THE WARDEN SHALL REPORT TO THE COUNTY CHIEF EXECUTIVE
17 AND TO THE BOARD.
18 SECTION 3007-B. BOARD MEETINGS.--THE BOARD SHALL MEET AT
19 LEAST ONCE EACH MONTH AND SHALL KEEP REGULAR MINUTES OF ITS
20 PROCEEDINGS WHICH SHALL BE OPEN TO PUBLIC INSPECTION.
21 SECTION 3008-B. CONTRACTS AND PURCHASES.--ALL CONTRACTS AND
22 PURCHASES REQUIRED FOR THE MAINTENANCE AND SUPPORT OF THE
23 PRISONERS, REPAIRS AND IMPROVEMENTS OF THE PRISON AND MATERIALS
24 AND SUPPLIES SHALL BE CONDUCTED IN ACCORDANCE WITH THE
25 APPLICABLE PROVISIONS OF THE COUNTY ADMINISTRATIVE CODE.
26 Section 6. Section 3107-C of the act is amended by adding a
27 subsection to read:
28 Section 3107-C. Charter Limitations.--* * *
29 (m) The county under the charter shall be subject to the
30 restrictions and prohibitions concerning the employes'
19990S0706B2064 - 40 -
1 retirement system under Article XVII and this article.
2 Section 7. The provisions of Article XXV-A XXX-B of the act <--
3 are nonseverable. If any provision of that article ARTICLE XXX-B <--
4 or its application to any person or circumstance is held
5 invalid, the remaining provisions or applications of that <--
6 article ARTICLE XXX-B are void. <--
7 Section 8. The amendment of sections 1708, 1712 and 3107-C
8 of the act shall be retroactive to January 1, 2000.
9 Section 9. The act of December 10, 1980 (P.L.1152, No.208), <--
10 known as the Second Class County Prison Board Act, is repealed.
11 SECTION 9. THE FOLLOWING ACTS AND PARTS OF ACTS ARE REPEALED <--
12 TO THE EXTENT SPECIFIED:
13 ACT OF DECEMBER 10, 1980 (P.L.1152, NO.208), KNOWN AS THE
14 SECOND CLASS COUNTY PRISON BOARD ACT, IS REPEALED ABSOLUTELY.
15 ACT OF JULY 29, 1953 (P.L.1034, NO.270), KNOWN AS THE PUBLIC
16 AUDITORIUM AUTHORITIES LAW, IS REPEALED INSOFAR AS IT RELATES TO
17 COUNTIES OF THE SECOND CLASS IN WHICH A CITY OF THE SECOND CLASS
18 IS LOCATED AND TO ANY CITY OF THE SECOND CLASS WHICH IS LOCATED
19 IN A COUNTY OF THE SECOND CLASS.
20 Section 10. This act shall take effect as follows:
21 (1) The amendment or addition of sections 511 and
22 2001(d) AND ARTICLE XXX-B of the act shall take effect in 60 <--
23 days.
24 (2) The remainder of this act shall take effect
25 immediately.
A25L16MRD/19990S0706B2064 - 41 -