PRINTER'S NO. 3949
No. 2936 Session of 1980
INTRODUCED BY STEWART, HALVERSON, S. E. HAYES, JR., DIETZ,
GEIST AND TELEK, SEPTEMBER 23, 1980
REFERRED TO COMMITTEE ON STATE GOVERNMENT, SEPTEMBER 23, 1980
AN ACT
1 Amending the act of August 23, 1967 (P.L.251, No.102), entitled,
2 as amended, "An act providing for the incorporation as public
3 instrumentalities of the Commonwealth and as bodies corporate
4 and politic of industrial and commercial development
5 authorities for municipalities, counties and townships;
6 prescribing the rights, powers and duties of such authorities
7 hereafter incorporated; authorizing such authorities to
8 acquire, by gift or purchase, to construct, improve and
9 maintain industrial, specialized, or commercial development
10 projects including projects for the elimination or prevention
11 of blight and the control of air and water pollution, and to
12 borrow money and issue bonds therefor; providing for the
13 payment of such bonds and giving security therefor, and
14 prescribing the rights of the holders of such bonds;
15 authorizing the lease or sale of industrial, specialized, or
16 commercial development projects to industrial, specialized
17 or, commercial enterprises; authorizing any county,
18 municipality or township to transfer or convey to such
19 authorities, any facilities or property available for
20 industrial, specialized, or commercial development projects;
21 exempting the property and securities of such authorities
22 from taxation; authorizing such authorities to enter into
23 contracts with and to accept grants from the Federal
24 Government or any agency thereof; and providing for approval
25 by the Secretary of Commerce of the proceedings relating to
26 industrial, specialized, or commercial development projects
27 of such authorities," authorizing the creation of regional
28 authorities.
29 The General Assembly of the Commonwealth of Pennsylvania
30 hereby enacts as follows:
1 Section 1. The act of August 23, 1967 (P.L.251, No.102),
2 known as the "Industrial and Commercial Development Authority
3 Law," is amended by adding a section to read:
4 Section 4.1. Method of Regional Incorporation.--(a)
5 Whenever the majority of each of the county commissioners of two
6 or more contiguous counties shall desire to organize a regional
7 authority under this act, they shall each adopt a resolution or
8 ordinance signifying their intention to do so, and shall have
9 the power to select a name for the authority at their discretion
10 to identify their geographic location in the Commonwealth.
11 Thereafter, the county commissioners of each county shall
12 cause a notice of such resolution or ordinance to be published
13 at least one time in the legal periodical of the county in which
14 such authority is to be organized, and at least one time in a
15 newspaper, published and of general circulation, in such county.
16 Said notice shall contain a brief statement of the substance of
17 said resolution or ordinance, including the substance of
18 articles of incorporation making reference to this act, and
19 shall state that on a day certain, not less than three days
20 after publication of said notice, articles of incorporation of
21 the proposed authority will be filed with the Secretary of the
22 Commonwealth of Pennsylvania. The publication of such notice as
23 aforesaid shall be the only publication required, any law to the
24 contrary notwithstanding.
25 (b) On or before the day specified in said notice the county
26 commissioners shall file with the Secretary of the Commonwealth
27 articles of incorporation together with proof of publication of
28 the notice as aforesaid. Said articles of incorporation shall
29 set forth:
30 (1) The name of the authority;
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1 (2) A statement that such authority is formed under this
2 act;
3 (3) The names of the incorporating counties, together with
4 the names and addresses of the county commissioners;
5 (4) The names, addresses and term of office of the first
6 members of the board of said authority; and
7 (5) The term of existence of the authority which shall not
8 exceed fifty years; all of which matters shall be determined in
9 accordance with the provisions of this act. Said articles of
10 incorporation shall be executed by the county commissioners by
11 their proper officers and under their county seals.
12 (c) The Secretary of the Commonwealth shall forthwith, but
13 not prior to the day specified in the aforesaid notice, and when
14 all proper fees and charges have been paid, file the articles
15 and issue a certificate of incorporation, a copy of which shall
16 be delivered to the secretary. Upon the issuance of such
17 certificate of incorporation by the Secretary of the
18 Commonwealth, the corporate existence of said authority shall
19 begin. Said certificate of incorporation shall be conclusive
20 evidence of the fact that such authority has been incorporated.
21 (d) Such regional authorities shall have the power to accept
22 grants from any agency, department, corporation or
23 instrumentality heretofore or hereafter created, designated or
24 established by the Government of the United States of America or
25 the Commonwealth of Pennsylvania.
26 Section 2. This act shall take effect immediately.
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