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§ 698.25. Powers

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 55 P.S. NavigationEffective: February 20, 2001

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 55 P.S. Navigation (Refs & Annos)
Chapter 26. Port of Pittsburgh Commission Act
Effective: February 20, 2001
55 P.S. § 698.25
§ 698.25. Powers
(a) General powers.--The commission is granted and shall have and may exercise all powers necessary or convenient for performing or carrying out the purposes set forth in this act.
(b) Specific powers.--In addition to the general powers described in subsection (a), the commission is granted and shall have and may exercise, without limiting the generality of the purposes of this act, the following specific rights and powers:
(1) To have perpetual existence and continuing succession.
(2) To make, enter into, award and execute contracts and amendments and modifications thereto.
(3) To sue and be sued, implead and be impleaded, interplead and otherwise join any proceeding in any court of competent jurisdiction or before any Federal, state or local commission or regulatory body.
(4) To adopt and use and alter at will a corporate seal and to make and, from time to time, amend and repeal bylaws, rules, regulations and resolutions for the management and regulation of the affairs of the commission and the performance of the functions and duties of the commission.
(5) To establish a principal office within the port district and such other office or offices as may be necessary for the carrying out of the duties of the commission.
(6) To acquire, purchase, hold, lease as lessee and use any franchise, license, property, whether real, personal or mixed, tangible or intangible, or any interest therein, necessary or desirable for carrying out the purposes of the commission and to sell, lease as lessor, transfer, convey and dispose of any property or interest therein at any time acquired by the commission.
(7) To acquire by purchase, lease or otherwise and to construct, improve, maintain and repair port facilities, port-related projects and recreational facilities.
(8) To appoint officers, agents, employees and servants and to prescribe their duties and fix their compensation.
(9) To borrow money, make and issue negotiable notes, bonds, refunding bonds and other evidences of indebtedness or obligations of the commission and to secure the payment of such bonds, or any part thereof, by pledge or deed of trust of all or any of its revenues, rentals and receipts and to make such agreements with the purchasers or holders of such bonds or with others in connection with any such bonds, whether issued or to be issued, as the commission shall deem advisable and, in general, to provide for the security for the bonds and the rights of the holders thereof.
(10) To apply for and to accept gifts, grants, loans, appropriations, contributions or property of any nature or kind whatsoever from the United States of America, the Commonwealth of Pennsylvania, political subdivisions, municipalities, foundations, or public or private agencies, individuals, associations, partnerships or corporations.
(11) To pledge, hypothecate or otherwise encumber all or any of the revenues or receipts of the commission as security for all or any of its obligations.
(12) To do all acts and things necessary for the promotion of its business and general welfare to carry out the powers granted by this act or any other acts.
(13) To enter into contracts on such terms as the commission shall deem proper for the use of any port facility, port-related project, recreational facility or property of the commission and fixing the amount to be paid therefor.
(14) To enter into contracts for group insurance for the benefit of its employees and to set up a retirement or pension fund or any other employee benefit arrangement for such employees, including, without limitation, enrollment in the Commonwealth retirement system established pursuant to 71 Pa.C.S. Pt. XXV (relating to retirement for State employees and officers).
(15) To provide for membership in any official, industrial, commercial or trade association or any other organizations concerned with such purposes for receptions of officials or others as may contribute to the advancement of the port district and any industrial development therein and for such other public relations activities as will promote the same and such activities shall be considered a public purpose.
(16) To represent the port district before all Federal, State and local agencies.
(17) To improve navigable and nonnavigable areas as regulated by Federal or State statute.
(18) To self-insure or procure insurance for any property or operations against any risks or hazards and timely payment in full of principal of and interest on bonds of the commission.
(19) To enter into agreements with any public utility operating a railroad or any other transportation facility wholly or partially within the port district for the joint or exclusive use of any property of the commission or the public utility, or the establishment of routes over the rights-of-way of the public utility or the commission, or the establishment of joint rights.
(20) To disburse funds for its lawful activities.
(21) To initiate or support international trade and to utilize the advantages associated with foreign trade zone 33.
(22) To enter into agreements with other ports.
(23) Subject to the provisions of section 5.1,1 to fix, alter, charge and collect fees, rates, rentals and other charges for port facilities and port-related projects of the commission at reasonable rates to be determined exclusively by the commission, subject to appeal, for the purpose of providing for the payment of the expenses of the commission, the acquisition, construction, improvement, repair and maintenance of the port facilities, port-related projects and properties of the commission and the payment of the principal and interest on obligations of the commission and to comply fully with the terms and provisions of any agreements made with the purchasers or holders of any such obligations.
(24) To have and exercise the power of eminent domain within the port district in the manner prescribed by the act of June 22, 1964 (Sp.Sess., P.L. 84, No. 6),2 known as the Eminent Domain Code, including the taking of property of a utility not necessary or useful to the primary function of the utility, and pursue its purposes and exercise its powers and commission under this act to locate port facilities, port-related projects and recreational facilities within the port district, notwithstanding any zoning, land use planning or building ordinance, code or regulation adopted or enacted by a political subdivision under the authority of any statute or under the authority of any home rule charter authorized and adopted under any statute or the Commonwealth of Pennsylvania.
(25) To establish carrier routes and services between port facilities and port terminals, including water routes and water services, as it deems necessary for the efficient operation of port facilities, provided that the commission shall not engage in the transportation of property by motor vehicle from port facilities or port terminals to other points within this Commonwealth or the port district without the approval of the Pennsylvania Public Utility Commission or in violation of the regulations of the Pennsylvania Public Utility Commission.
(c) Exclusion.--Notwithstanding any general or specific powers granted to the commission or board by this act or any other act, whether expressed or implied:
(1) The commission and board shall have no power, at any time or in any manner, to pledge the credit or taxing power of the Commonwealth or any political subdivision.
(2) No obligations of the commission shall be deemed to be obligations of the Commonwealth or of any of its political subdivisions.
(3) The Commonwealth or any political subdivision thereof shall not be liable for the payment of principal or interest on obligations of the commission, except payments for any leases between the Commonwealth or such political subdivisions and the commission relating to property owned or occupied by the commission.
(4) The commission and board shall have no power, at any time or in any manner, to issue negotiable notes, bonds, refunding bonds and other evidences of indebtedness or obligations of the commission without the prior approval and written consent of the Governor.
(5) A comptroller shall be appointed in accordance with the provisions of section 214 of the act of April 9, 1929 (P.L. 177, No. 175),3 known as The Administrative Code of 1929.
(6) The commission shall not use public funds to subsidize any marine freight terminal, including coal, grain, bulk liquid, lumber or any other marine freight terminals so as to create unfair competition with private marine freight terminals.

Credits

1992, Dec. 14, P.L. 818, No. 133, § 5, imd. effective. Amended 2000, Dec. 20, P.L. 988, No. 140, § 1, effective in 60 days.

Footnotes

55 P.S. § 698.25a.
26 P.S. § 1-101 et seq. (repealed); see 26 Pa.C.S.A. § 101 et seq.
71 P.S. § 74.
55 P.S. § 698.25, PA ST 55 P.S. § 698.25
Current through the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
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