PRINTER'S NO. 3006
No. 2360 Session of 1978
INTRODUCED BY IRVIS AND MEBUS, APRIL 11, 1978
REFERRED TO COMMITTEE ON URBAN AFFAIRS, APRIL 11, 1978
AN ACT
1 Amending the act of July 29, 1953 (P.L.1034, No.270), entitled
2 "An act creating as bodies corporate and politic "Public
3 Auditorium Authorities" in counties of the second class and
4 in cities of the second class, singly or jointly; prescribing
5 the rights, powers and duties of such Authorities;
6 authorizing such Authorities to acquire, construct, improve,
7 maintain and operate public auditoriums; to borrow money and
8 issue bonds therefor; providing for the payment of such bonds
9 and prescribing the rights of the holders thereof; conferring
10 the right of eminent domain on such Authorities; empowering
11 such Authorities to enter into contracts, leases and licenses
12 with and to accept grants from private sources, the Federal
13 Government, State, political subdivisions of the State or any
14 agency thereof; authorizing the making of said grants from
15 bond funds or current revenues; authorizing Authorities to
16 collect rentals, admissions, license fees for the use of the
17 project; exempting the property and securities of such Public
18 Auditorium Authorities from taxation," increasing the amount
19 of supplies and materials which may be purchased without
20 advertising.
21 The General Assembly of the Commonwealth of Pennsylvania
22 hereby enacts as follows:
23 Section 1. Subsections A and B of section 11, act of July
24 29, 1953 (P.L.1034, No.270), known as the "Public Auditorium
25 Authorities Law," subsection B amended August 17, 1965 (P.L.352,
26 No.186), are amended to read:
27 Section 11. Competition in Award of Contracts.
1 A. All construction, reconstruction, repairs or work of any
2 nature made by any Authority, where the entire cost, value or
3 amount of such construction, reconstruction, repairs or work,
4 including labor and materials, shall exceed [five hundred
5 dollars ($500.00)] five thousand dollars ($5,000.00), except
6 construction, reconstruction, repairs or work done by employes
7 of said Authority or by labor supplied under agreement with any
8 Federal or State agency with supplies and materials purchased,
9 as hereinafter provided, shall be done only under contract or
10 contracts to be entered into by the Authority with the lowest
11 responsible bidder upon proper terms, after due public notice
12 has been given asking for competitive bids hereinafter provided.
13 No contract shall be entered into for construction or
14 improvement or repair of any project or portion thereof unless
15 the contractor shall give an undertaking, with a sufficient
16 surety or sureties approved by the Authority and in an amount
17 fixed by the Authority, for the faithful performance of the
18 contract. All such contracts shall provide, among other things,
19 that the person or corporation entering into such contract with
20 the Authority will pay for all materials furnished and services
21 rendered for the performance of the contract and that any person
22 or corporation furnishing such materials or rendering such
23 services may maintain an action to recover for the same against
24 the obligor in the undertaking as though such person or
25 corporation was named therein, provided the action is brought
26 within one year after the time the cause of action accrued.
27 Nothing in this section shall be construed to limit the power of
28 the Authority to construct, repair or improve any project or
29 portion thereof or any addition, betterment or extension thereto
30 directly by the officers, agents and employes of the Authority
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1 or otherwise than by contract.
2 B. All supplies and materials costing [one thousand dollars
3 ($1,000.00)] five thousand dollars ($5,000.00) or more shall be
4 purchased only after due advertisement as hereinafter provided.
5 The Authority shall accept the lowest bid or bids, kinds,
6 quality and material being equal, but the Authority shall have
7 the right to reject any or all bids or select a single item from
8 any bid. The provisions as to bidding shall not apply to the
9 purchase of patented and manufactured products offered for sale
10 in a non-competitive market or solely by a manufacturer's
11 authorized dealer.
12 * * *
13 Section 2. This act shall take effect in 60 days.
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