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Acquisition of equipment - 74 Pa. Cons. Stat. § 1747Legal Research Home > Pennsylvania Statutes Sponsored Links
§ 1747. Acquisition of equipment.
(a) General rule.--The authority shall have power to
purchase or otherwise acquire the ownership or use of or access
to equipment, such as cars, trolley buses, street cars, buses,
monorails, railroad motive power, trains, railroad passenger
cars and equipment, subway passenger cars and equipment,
elevated passenger or passenger and rail rolling stock, self-
propelled and gallery cars, locomotives, rails, lines, poles and
wires, as well as any equipment necessary for the improvement of
or overhaul of any of the foregoing, and any other equipment
which, in the judgment of the authority, may be useful in the
operation of a transportation system. The authority shall have
the power to execute agreements, leases and equipment trust
certificates in a form satisfactory to the authority to effect
the purchase or acquisition and may dispose of such equipment
trust certificates, provided that the certificates shall be
offered for sale in a manner similar to that provided for the
sale of bonds in this chapter. All money required to be paid by
the authority under the provisions of the agreements, leases and
equipment trust certificates shall be payable solely from the
revenue or income to be derived from the transportation system
and from grants and loans as provided elsewhere in this chapter.
Payment for the equipment or rentals therefor may be made in
installments and the deferred installments may be evidenced by
equipment trust certificates payable solely from such revenue,
income, grants or loans and title to the equipment shall not
vest in the authority until the equipment trust certificates are
paid.
(b) Trustee.--The agreement to purchase may direct the
vendor to sell and assign the equipment to a bank, bank and
trust company or trust company duly authorized to transact
business in this Commonwealth as trustee for the benefit and
security of the equipment trust certificates and may direct the
trustee to deliver the equipment to one or more designated
officers of the authority and may authorize the trustee
simultaneously therewith to execute and deliver a lease of the
equipment to the authority.
(c) Authorization and acknowledgment.--The agreements and
leases shall be duly acknowledged before some person authorized
by law to take acknowledgments of deeds and in the form required
for acknowledgments of deeds, and such agreements, leases and
equipment trust certificates shall be authorized by resolution
of the board and shall contain such covenants, conditions and
provisions as may be deemed necessary or appropriate to insure
the payment of the equipment trust certificates from the revenue
or income to be derived from the transportation system.
(d) Provisions of agreements.--The covenants, conditions and
provisions of the agreements, leases and equipment trust
certificates shall not conflict with any of the provisions of
any trust indenture securing the payment of bonds of the
authority.
(e) Filing.--An executed copy of each agreement and lease
shall be filed in the Office of the Secretary of the
Commonwealth who shall be entitled to receive $1 for each copy
filed. This filing shall constitute notice to any subsequent
judgment creditor or any subsequent purchaser. Each vehicle so
purchased and leased shall have the name of the owner and lessor
plainly marked upon both sides thereof, followed by the words
"Owner and Lessor."
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Last modified: November 27, 2007 |