PRIOR PRINTER'S NOS. 1580, 1982 PRINTER'S NO. 2074
No. 1176 Session of 1997
INTRODUCED BY FICHTER, McCALL, ADOLPH, HERSHEY, RAYMOND, TULLI,
M. N. WRIGHT, WOGAN, SEMMEL, LaGROTTA, SAINATO, WOJNAROSKI,
COLAIZZO, RUBLEY AND KENNEY, APRIL 28, 1997
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 11, 1997
AN ACT
1 Amending the act of May 2, 1945 (P.L.382, No.164), entitled "An
2 act providing for the incorporation as bodies corporate and
3 politic of 'Authorities' for municipalities, counties and
4 townships; prescribing the rights, powers and duties of such
5 Authorities heretofore or hereafter incorporated; authorizing
6 such Authorities to acquire, construct, improve, maintain and
7 operate projects, and to borrow money and issue bonds
8 therefor; providing for the payment of such bonds, and
9 prescribing the rights of the holders thereof; conferring the
10 right of eminent domain on such Authorities; authorizing such
11 Authorities to enter into contracts with and to accept grants
12 from the Federal Government or any agency thereof; and
13 conferring exclusive jurisdiction on certain courts over
14 rates," further providing for the purposes and powers
15 relating to waterworks, water supply works and water
16 distribution systems.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. Subclause (10) of clause (a) of subsection A of
20 section 4 of the act of May 2, 1945 (P.L.382, No.164), known as
21 the Municipality Authorities Act of 1945, amended June 22, 1990
22 (P.L.236, No.54) and November 21, 1990 (P.L.535, No.132), is
23 amended to read:
24 Section 4. Purposes and Powers; General.--A. Every
1 Authority incorporated under this act shall be a body corporate
2 and politic, and shall be for the purpose of acquiring, holding,
3 constructing, improving, maintaining and operating, owning,
4 leasing, either in the capacity of lessor or lessee, projects of
5 the following kind and character and providing financing for
6 insurance reserves.
7 (a) The Authority shall be for the purpose of financing
8 working capital and of acquiring, holding, constructing,
9 financing, improving, maintaining and operating, owning,
10 leasing, either in the capacity of lessor or lessee, projects of
11 the kind and character described in the following subclauses and
12 for the purpose of providing financing for insurance reserves:
13 * * *
14 (10) waterworks, water supply works, water distribution
15 systems[;], provided that, with the exception of those
16 facilities WITHIN A SPECIFIC MUNICIPALITY, AND IMPROVEMENTS AND <--
17 EXTENSIONS TO THOSE FACILITIES WITHIN THAT MUNICIPALITY, owned,
18 operated or leased by an Authority on or before January 1 JUNE <--
19 30, 1997, no Authority may extend its facilities, or acquire,
20 construct, finance, operate or lease any other water project or
21 facilities, within a municipality which is not a member of the
22 Authority, unless said municipality approves by resolution or
23 ordinance the proposed action of the Authority, and further
24 provided that, if the requisite municipal approval is denied,
25 the above provision shall not apply where the extension,
26 acquisition, construction, finance, operation or lease is
27 subsequently directed by the order of a State agency;
28 * * *
29 Section 2. This act shall take effect immediately.
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