§ 12601. “Authority” created; powers
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 16 P.S. Counties
16 P.S. § 12601
§ 12601. “Authority” created; powers
In each county of the second class of this Commonwealth, there is hereby created a body corporate and politic to be known as the “Authority” of said county (hereafter in this act called the “Authority”); provided, however, that such “Authority” shall not become operative nor transact any business until and unless the board of county commissioners of the county in which it is created shall, by proper resolution, declare its creation, and appoint and designate the members thereof, as in this act herein prescribed. Such “Authority” shall constitute a public body corporate and politic of said county for the public purposes herein set forth and shall exercise an essential governmental function in effectuating such purposes, and, to that end, said “Authority” shall be endowed with, and is hereby granted, the following powers, to-wit:
(a) To construct, maintain and operate bridges, tunnels, streets, highways, traffic distribution centers, traffic circles, airports, hangars, parkways, recreation grounds and facilities, public parks, swimming pools, lakes, dams, and parts of any of said projects, and improvements thereof and additions thereto, and to charge and collect fees, tolls, rentals and charges in connection with any or all of said structures, projects, additions or improvements, and any or all parts thereof; the proceeds therefrom to be used for the purpose of maintaining and operating the same and of repaying to the United States Government, and to others, any and all monies, and interest thereon, which may have been borrowed therefrom in connection with the purposes for which said “Authority” was created, as same may be due and payable.
(b) To enter into any contract or contracts with any street railway company, telegraph company, telephone company, or other corporation or person or persons desiring to make use of any of the projects constructed or maintained pursuant to the purposes for which said “Authority” has been created, and, under the provisions of this act, for the concurrent use of such portion of any of said projects as shall not substantially impair or restrict the public use and enjoyment thereof, upon such rates, terms, and conditions as shall be agreed upon, or to charge tolls or rentals for such special use; provided, however, that such rates, terms, and conditions shall in no instance be less than the rates, terms, and conditions paid and met for like rights, service, and privileges within said county.
(c) To construct and maintain, or to lease the right to construct and maintain, roads, highways, bridges, tunnels, water mains for park purposes where none is now provided and available, and other mechanical equipment and appliances appropriate, proper and necessary in connection with the construction, operation and use of the aforementioned projects by the public, on, over, under, along, across or through any land, and between any points, which may be necessary for the construction and maintenance of such projects and the carrying out of the purposes for which said “Authority” is created.
(g) To purchase, take, receive, lease as lessee, take by gift, devise or bequest, or otherwise acquire, and to own, hold, use, and otherwise deal with any real or personal property, or any interest therein, situated in the county in which said “Authority” is created and set up, which may be appropriate to enable it to accomplish fully and properly its purpose or purposes.
(i) To borrow money for any or all of the purposes for which it is organized, to issue its promissory notes, bonds, or other forms of certificates of indebtedness, with interest, as evidence thereof, and to secure any of its obligations by mortgage, pledge, or deed of trust of or on any of its property, franchises and income.
(l) To have and exercise the right and power of eminent domain for the acquisition of real property (the title thereto so acquired being title in fee simple) necessary for, and in connection with, the business of the “Authority” and for the purposes for which it was created, but not to assess, levy or collect any taxes of any kind or nature or for any purpose whatsoever; specifically, to borrow from the Government of the United States, or others, funds for the construction, maintenance and operation of the projects for which said “Authority” shall have been created; and to issue its negotiable bonds or other obligations, secured by mortgage and trust deed given therefor, and to provide for the rights of the holders thereof.
(r) To exercise such other powers, not inconsistent with the Constitution of this Commonwealth or of the United States, which may be reasonably necessary or incidental to the effectuation of its authorized purposes or to the exercise of any of the foregoing powers, except the power to levy taxes or assessments, and, generally, to exercise, in connection with its property and affairs, and in connection with property within its control, any and all powers which might be exercised by a natural person or a private corporation in connection with similar property and affairs.
(s) To dissolve and wind up the “Authority”; and specifically, when, as, and if, all indebtedness to the United States and all other proper and lawful indebtedness of the “Authority” shall have been fully paid, it shall be the duty of the “Authority,” through appropriate action of its officers and members, to convey and transfer in fee simple, free and clear of all debts, liens, encumbrances and obligations whatsoever, to the county in which said “Authority” shall have been created and set up, all of the projects, improvements, structures and operations constructed, erected, acquired or maintained by said “Authority” during the period of its corporate existence, and any and all monies, contracts, bills and notes receivable, leases, franchises, and all other property, whether real or personal, of the “Authority”; to render to said county, by its proper officers, full and complete account of all the transactions and business of the “Authority”; and to dissolve and wind up its affairs and thereafter cease entirely to exist.
Credits
1933, Sp.Sess., Dec. 27, P.L. 114, art. I, § 1. Amended 1968, Dec. 17, P.L. 1229, No. 389, § 1.
16 P.S. § 12601, PA ST 16 P.S. § 12601
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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