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General powers - 74 Pa. Cons. Stat. § 1741Legal Research Home > Pennsylvania Statutes
SUBCHAPTER C
POWERS AND DUTIES
Sec.
1741. General powers.
1742. Power to acquire property.
1743. Power to contract with public utilities.
1744. Power of eminent domain.
1745. Use of ways occupied by passenger utilities.
1746. Transfer of records by Pennsylvania Public Utility
Commission.
1747. Acquisition of equipment.
1748. Transfers of facilities or things of value to any
authority.
1749. Compacts to finance operations and particular projects.
1750. Contracts, procurement and sale of property.
1751. Fiscal provisions.
1752. Financial statements and audit.
1753. Aid from Federal Government.
§ 1741. General powers.
(a) Powers enumerated.--An authority shall have and may
exercise all powers necessary or convenient for the carrying out
of the purposes of this chapter, including the following rights,
powers and duties:
(1) To have perpetual existence.
(2) To sue and be sued, implead and be impleaded,
complain and defend in all courts, petition the Interstate
Commerce Commission or any other Federal or State regulatory
body or join in any proceeding before any such bodies or
courts in any matter affecting the operation of any project
of the authority.
(3) To adopt and use and alter at will a corporate seal.
(4) To establish a principal office within the county of
the first class and such other office or offices as may be
necessary for the carrying on of its duties.
(5) To make and from time to time to amend and repeal
bylaws, rules, regulations and resolutions.
(6) To conduct examinations and investigations and to
hear testimony and take proof under oath or affirmation at
public or private hearings, as provided in this chapter, on
any matter material to the public purposes set forth in this
chapter.
(7) To appoint officers, agents, employees and servants
and to prescribe their duties and fix their compensation,
subject, however, to specific provisions of this chapter.
Members of the board, as well as officers and employees of
the authority, shall not be liable personally on any
obligations, including, but not limited to, bonds of the
authority.
(8) To enter into contracts of group insurance for the
benefit of its employees or to continue any existing
insurance and/or pension or retirement system and/or any
other employee benefit arrangement covering employees of an
acquired existing transportation system and/or to set up a
retirement or pension fund or any other employee benefit
arrangement for its employees.
(9) To procure such insurance, letters of credit,
liquidity facilities, guaranties and sureties containing such
coverages, including, but not limited to, contracts insuring
or guaranteeing the timely payment in full of principal of
and interest on bonds of the authority, or providing
liquidity for purchase of bonds of the authority in such
amounts, from such insurers, sureties, guarantors or other
persons, as the authority may determine to be necessary or
desirable for its purposes.
(10) To self-insure or otherwise provide for the
insurance of any property or operations of the authority
against any risks or hazards.
(11) To invest any funds held in reserve or sinking
funds, or any funds not required for immediate disbursement,
as authorized by section 1761 (relating to management of
funds).
(12) To acquire by purchase, gift or otherwise, hold,
lease as lessee and use any franchise, right or property,
real, personal or mixed, tangible or intangible, or any
interest or right therein necessary, desirable or useful for
carrying out the purposes of the authority; to sell, lease as
lessor, transfer, dispose of or otherwise convey any
franchise, right or property, real, personal or mixed,
tangible or intangible, or any interest or right therein, at
any time acquired by it; or to exchange the same for other
property or rights which are useful for its purposes.
(13) To acquire by eminent domain any real or personal
property, including improvements, fixtures and franchises of
any kind whatever, for the public purposes set forth in this
chapter in the manner provided in this chapter.
(14) To acquire by purchase, lease or otherwise and to
construct, improve, maintain, repair and operate passenger
transportation facilities and a transportation system or
systems or portions thereof and to pay all costs thereof,
including, but not limited to, the costs of all work and
materials incidental thereto and all amounts necessary to
place any project into operation.
(15) To fix, alter, charge and collect fares, rates,
rentals and other charges for its facilities by zones or
otherwise at reasonable rates to be determined exclusively by
it, subject to appeal, as provided in this chapter for the
purpose of providing for the payment of all expenses and
obligations of the authority, including the acquisition,
construction, improvement, repair, maintenance and operation
of its facilities and properties, the maintenance and
operation of a transportation system, the payment of the
principal and interest on its obligations, and to comply
fully with the terms and provisions of any agreements made
with the purchasers of bonds or obligees of the authority. An
authority shall determine by itself, exclusively, the
facilities to be operated by it, the services to be available
and the rates to be charged therefor. Public hearings shall
be held prior to such determinations when changes are
proposed which would increase or decrease fares, establish
new routes, eliminate routes, change routes or make
substantial changes in the level of service scheduled.
However, public hearings need not be held for route changes,
fares or level of scheduled service in the case of temporary
changes not exceeding 90 days caused by emergencies;
promotional fares or services, or experimental services,
adopted to increase revenue and ridership, subject to board
resolution; or special events in which the authority
participates as provided by board resolution. Notice of
public hearings shall be published in two newspapers of
general circulation and a publication specifically designed
to reach minorities not fewer than 30 calendar days prior to
such hearing. Any person aggrieved by any rate or service or
change of service fixed by the authority may bring an appeal
against the authority for the purpose of protesting against
any such charge, service or change of service. The grounds
for the suits shall be restricted to a manifest and flagrant
abuse of discretion or an error of law; otherwise, all
actions by the authority shall be final. Upon the finding of
an error of law or a manifest and flagrant abuse of
discretion, the court shall issue an order setting forth the
abuse or error and returning the matter to the authority for
such further action as shall be not inconsistent with the
findings of the court. No appeal from the action of the
authority or from the decision of the court of common pleas
shall act as a supersedeas, except when taken by the
authority or, in other cases, when specially granted after a
finding that irreparable and extraordinary harm will result.
The courts shall give priority to all appeals, and no bond
shall be required of any party instituting such an appeal
under the provisions of this section.
(16) To fix rates, fares and charges in such manner that
they shall be at all times sufficient in the aggregate, and
in conjunction with any grants from Federal or other sources
and any other income available to the authority, to provide
funds for the payment of all operating costs and expenses
which shall be incurred by the authority, for the payment of
the interest on and principal of all bonds payable from the
revenues and to meet all other charges upon such revenues as
provided by any trust agreement executed by the authority in
connection with the issuance of bonds.
(17) To enter into agreements with the United States
Postal Service or any successor organization for the
transportation of mail and payment of compensation to the
authority in lieu of fares for the transportation of letter
carriers in uniform at all times. The board may provide free
transportation for firefighters in uniform and police
officers when in uniform or when not in uniform upon
presentation of identification as police officers. The board
may provide free transportation for employees of the
authority when in uniform or upon presentation of
identification as such employees, provide free transportation
to dependents of employees of the authority upon presentation
of identification as provided by the board and enter into
reciprocal arrangements to provide free transportation to
employees and dependents of employees of other transportation
agencies.
(18) To borrow money from any person for the purpose of
paying the costs of any project or in anticipation of the
receipt of income of the authority and to evidence the same;
make and issue bonds of the authority; secure the payment of
such bonds or any part thereof by pledge of or security
interest, which may be a senior, parity or subordinated
pledge or security interest, in all or any of its revenues,
rentals, receipts and contract rights and all or any of its
moveable equipment and other tangible personal property; to
secure the payment of such bonds or any part thereof by a
mortgage lien on real property of the authority or any
interest therein, provided, however, that no such lien shall
extend to real property of the authority comprising rights of
way, easements or any other interests in real property used
or useful for passage of transportation vehicles or necessary
for the safe and sound routing or control of transportation
vehicles; issue bonds on an unsecured basis; issue bonds on a
limited recourse or nonrecourse basis; issue bonds under a
master trust indenture; make agreements with the purchasers
or holders of bonds or with other obligees of the authority
in connection with any bonds, whether issued or to be issued,
as the authority shall deem advisable, which agreements shall
constitute contracts with the purchasers or obligees of the
authority; obtain credit enhancement or liquidity facilities
in connection with any bonds as the authority shall determine
to be advantageous; and, in general, provide for the security
for the bonds and the rights of the obligees of the
authority.
(19) To accept grants and to enter into contracts,
leases, subleases, licenses or other transactions with any
person on such terms and for such purposes as the authority
shall deem proper.
(20) To negotiate and enter into arrangements, including
futures contracts, forward contracts and cap, collar,
corridor, floor or ceiling agreements, with respect to
essential supplies and commodities for an authority for the
purpose of reducing the risk to the authority of price
fluctuations for the supplies and commodities.
(21) To make and execute all contracts and other
instruments necessary or convenient to the exercise of the
powers of the authority, and any contract or instrument when
signed by the chairman or vice chairman and secretary or
assistant secretary or treasurer or assistant treasurer of
the authority shall be held to have been properly executed
for and on its behalf. Without limiting the generality of the
foregoing, the authority is also authorized to enter into
contracts for the purchase, lease, operation or management of
transportation facilities within or without the metropolitan
area or within or without this Commonwealth. Whenever the
facilities are located outside the metropolitan area, they
shall be subject to the jurisdiction of the appropriate
regulatory agencies.
(22) To enter into contracts with government agencies
and Federal agencies on such terms as the authority shall
deem proper for the use of any facility or other real or
personal property of the authority, and fixing the amount to
be paid therefor.
(23) To agree with the constituent municipalities in
which it operates for the lease of present and future
municipal property, where such a lease would be advantageous
to the authority in the financing or the operation of
improved passenger transportation service.
(24) To explore alternative means of raising revenue or
reducing expenses, including, but not limited to, real estate
leases and rentals, equipment leases and rentals, contracting
of services, the solicitation of competitive bids and the
awarding of contracts to the highest responsive, responsible
bidder for both interior and exterior advertising on all
authority equipment on which the public is charged a fare for
riding. However, on rail passenger units only bids for
interior advertising shall be solicited. Nothing in this
chapter or in any other law of this Commonwealth shall
preclude the negotiation and execution of contracts with
respect to real estate-related matters in accordance with and
subject solely to the provisions of this paragraph. The
general manager may recommend in writing that the board make
a finding of special opportunity with respect to a real
estate-related matter. The board shall consider the general
manager's recommendation at a public meeting. The notice
given in accordance with the act of July 3, 1986 (P.L.388,
No.84), known as the Sunshine Act, with respect to such
meeting shall state that the board will consider making a
finding of special opportunity at such meeting and shall
describe the nature of the proposed finding of special
opportunity. Any finding of special opportunity shall be
approved by the board in accordance with the provisions of
section 1715 (relating to meetings, quorum, officers and
records). The board shall adopt, by resolution, a process
under which the authority shall enter into contracts needed
to implement a finding of special opportunity. The process
adopted by the board shall provide a method of prequalifying
prospective contracting parties, where appropriate; for the
reasonable notification of prospective contracting parties of
the issuance of requests for proposals and the reasonable
opportunity for qualified prospective contracting parties to
submit proposals; for review of proposals from qualified
prospective contracting parties; for the negotiation of
contracts with one or more prospective contracting parties;
for award of contracts on the basis of evaluation of the
characteristics of the proposals; and for giving such weight
to the various characteristics of any proposal as the board
shall determine is in the best interest of the authority. The
characteristics by which proposals may be evaluated under a
finding of special opportunity may include the likely
complexity of the transaction; the amount of investment any
selected contracting party will be required to make or offers
to make in the real estate-related matter; the experience and
prior success of the proposed contracting party in other
similar dealings with the same type of real estate-related
matters or with the authority; the quality, feasibility and
potential for economic success of the proposal; any cost or
potential return to the authority; the economic reliability
and financial viability of the proposed contracting party;
the compatibility of the proposal with the authority's basic
function as a public transportation provider; the date by
which the proposed contracting party agrees to complete the
real estate-related matter; and other factors which the board
shall specify. The authority shall make available a copy of
the process adopted by the board to any person requesting a
copy of the process. The general manager may make a written
recommendation to the board concerning the award of a
contract under a finding of special opportunity. The general
manager's recommendation shall include the identity of the
prospective contracting party or parties, the purpose of the
contract, the substance of the finding of special
opportunity, the substance and term of the proposed contract,
the identities of any other prospective contracting parties
who submitted proposals and the criteria upon which the
general manager's recommendation was made and the reasons for
selecting the prospective contracting party. Upon the written
recommendation of the general manager, the board may award
contracts under this paragraph after approving the awarding
of the contract by a resolution adopted at a public meeting.
The notice given in accordance with the Sunshine Act with
respect to such meeting shall state that the board will
consider awarding a contract under a finding of special
opportunity at such meeting and shall describe the subject
matter of such proposed contract. The authority shall by
April 15 of each year submit a report to the department. The
report shall detail the actions of the authority in exploring
alternate means of raising revenue and reducing expenses. The
department shall review the report and issue its findings and
recommendations to the Appropriations Committee and the
Transportation Committee of the Senate and the Appropriations
Committee and the Transportation Committee of the House of
Representatives no later than 30 days after receipt of such
report for review and consideration of future funding by such
committees. Where any alternate means have been rejected, the
authority shall demonstrate that the feasibility and cost-
effectiveness of that alternate means have been considered.
As used in this paragraph, "finding of special opportunity"
shall mean a written determination by the board that
exclusion of a real estate-related matter from bidding
procedures, as provided in this chapter or any other law,
will be in the best interest of the authority and will be
compatible with the authority's basic function as a public
transportation provider, considering the nature of the real
estate-related matter with respect to which the authority
proposes to contract. Any finding of special opportunity
shall include the basis on which the finding of special
opportunity is being made.
(25) To lease property or contract for service,
including managerial and operating service, whenever it can
more efficiently and effectively serve the public by so
doing, rather than conducting its own operations with its own
property.
(26) To have the right to use any public road, street,
way, highway, bridge or tunnel for the operation of a
transportation system within the metropolitan area. In all
cases involving the facilities of a railroad, any operations
of which extend beyond the metropolitan area, the exercise of
this right by the authority shall be subject to the
jurisdiction of the Pennsylvania Public Utility Commission
under Title 66 (relating to public utilities) only to the
extent that the operations extend beyond the metropolitan
area.
(27) To act as agent of any government agency or any
Federal agency for the public purposes set forth in this
chapter.
(28) To make available to any government agency the
recommendations of the authority affecting any area in the
authority's field of operation or property therein, which it
may deem likely to promote the public health, morals, safety
and welfare.
(29) To form plans for the improvement of mass
transportation and the operation of a transportation system
in order to promote the economic development of the
metropolitan area in which the transportation authority
operates, to make recommendations concerning mass
transportation facilities which the authority does not own or
operate, to make recommendations concerning throughways and
arterial highway connections to the department and to other
appropriate governmental bodies and otherwise to cooperate
with all such governmental bodies. The authority shall give
advance notice to the department of any plans which it may
have for the occupation or use of any part of any State
highway.
(30) To rehabilitate, reconstruct and extend as possible
all portions of any transportation system acquired by the
authority and to maintain at all times a fast, reliable and
economical transportation system suitable and adapted to the
needs of the municipalities served by the authority and for
safe, comfortable and convenient service. To that end, the
board shall make every effort to utilize high-speed rights-
of-way, private or otherwise, to the maximum extent
practicable to avoid air pollution by its vehicles, to
abandon no physical property which the authority has
determined retains continued usefulness to the authority and
to extend its rail and highway services into areas which have
sufficient need for them to economically or strategically
justify such extension.
(31) To adopt, consistent with the policies of this
chapter, and from time to time amend a comprehensive
transportation plan. A public hearing shall be conducted
prior to adoption or amendment. Notice of the public hearing
shall be published in two newspapers of general circulation
and a publication specifically designed to reach minorities
not fewer than 30 days prior to the hearing.
(32) To do all acts and things necessary for the
promotion of its business and the general welfare of the
authority to carry out the powers granted to it by this
chapter or any other statute. Notwithstanding any other
provision of law, the board shall adopt procedures and
practices to implement the provisions of this chapter by
resolution of the board.
(b) Public highways.--Private rights and property in the
beds of existing public highways vacated in order to facilitate
the purposes of the authority shall not be deemed destroyed or
ousted by reason of the vacation, but shall be acquired or
relocated by the authority in the same manner as other property.
(c) Certain powers denied.--The authority shall have no
power, at any time or in any manner, to pledge the credit or
taxing power of the Commonwealth or any other government agency,
nor shall any of the authority's obligations be deemed to be
obligations of the Commonwealth or of any other government
agency, nor shall the Commonwealth or any government agency be
liable for the payment of principal or interest on such
obligations.
(d) No power to levy taxes.--The authority shall not have
power to levy taxes for any purpose whatsoever.
References in Text. The act of July 3, 1986 (P.L.388,
No.84), known as the Sunshine Act, referred to in subsec.
(a)(24), was repealed by the act of October 15, 1998 (P.L.729,
No.93). The subject matter is now contained in Chapter 7 of
Title 65 (Public Officers).
Cross References. Section 1741 is referred to in sections
1744, 1750 of this title.
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Last modified: November 27, 2007 |