§ 573. Creation of port authorities; rights or powers
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 55 P.S. Navigation
55 P.S. § 573
§ 573. Creation of port authorities; rights or powers
(a) There are hereby authorized to be created bodies corporate and politic in cities of the third class, to be known as The Port Authority of (insert name of city), or other name as the authority shall adopt in accordance with the act of May 24, 1945 (P.L. 967),1 relating to fictitious names. The authority shall exercise the public powers of the Commonwealth as an agency thereof. Each authority shall be for the purpose of planning, acquiring, holding, constructing, improving, maintaining and operating, owning, leasing, either as lessor or lessee, port facilities and equipment.
(5) To acquire, purchase, hold, lease, as lessee and use any franchise, property, real, personal or mixed, tangible or intangible, or any interest therein, necessary or desirable for carrying out the purposes of the authority, and to sell, lease as lessor, transfer and dispose of any property, or interest therein, at any time, required by it.
(8) To appoint officers, agents, employes and servants, to serve at the pleasure of the board (except as may otherwise be provided in collective bargaining agreements) and to prescribe their duties and fix their compensation. The authority may bind itself by contract to employ an executive director, a general manager or a combined executive director and general manager and not more than five other senior executive personnel but no such contract shall be for a period of more than five years.
(9) 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 hereinafter provided, for the purpose of providing for the payment of the expenses of the authority, the acquisition, construction, improvement, repair, maintenance and operation of its facilities and properties, 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 or holders of any such obligations. The authority shall determine by itself exclusively, the facilities to be operated by it and the services to be available to the public. Any person questioning the reasonableness of any rate or services fixed by an authority may bring suit against the authority in the court of common pleas of the county wherein the authority is incorporated. The court shall have exclusive jurisdiction to determine the reasonableness of fares, rates and other charges or services fixed, altered, charged or collected by an authority. The court shall make such order as to fares, rates and other charges or services as to it shall be just and proper. No suit or appeal shall act as a supersedeas. The court shall give priority to all such suits or appeals and no bond shall be required of any party instituting such action or appeal.
(10) To borrow money, make and issue negotiable notes, bonds, refunding bonds and other evidences of indebtedness or obligations of the authority, 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 authority shall deem advisable and in general, to provide for the security for said bonds and the rights of the holders thereof.
(11) To make contracts of every name and nature, and to execute all instruments necessary or convenient for the carrying on of its business. Without limiting the generality of the foregoing, the authority is authorized to enter into contracts for the purchase, lease, operation or management of facilities subject to the jurisdiction of the Interstate Commerce Commission.
(17) To enter into contracts of group insurance for the benefit of its employes, or to continue in existence any existing insurance or pension or retirement system or any other employe benefit arrangement covering employes of an acquired existing transportation system, or to set up a retirement or pension fund or any other employe benefit arrangement for such employes.
(18) An authority shall have no power, at any time or in any manner, to pledge the credit or taxing power of the Commonwealth of Pennsylvania or any political subdivision, nor shall any of its obligations be deemed to be obligations of the Commonwealth of Pennsylvania or of any of its political subdivisions, nor shall the Commonwealth of Pennsylvania or any political subdivision thereof be liable for the payment of principal or interest on such obligations.
(20) To establish carrier routes and services, including water routes and water services as it deems necessary for the efficient operation of the port; provided, that the authority shall not engage in the transportation of property by motor vehicle outside the port terminal without the approval of, and subject to regulation by, Pennsylvania Public Utility Commission.
(23) To enter into agreements with any public utility operating a railroad or any other transportation facility wholly or partially within the port area for the joint or exclusive use of any property of the authority or the public utility or the establishment of routes over the rights of way of the public utility or the authority or the establishment of joint rates.
(24) To develop programs designed solely to advertise, promote and stimulate the development and use of its port and to join and to authorize its agents, employes and servants to join national and local trade and professional organizations organized for the purpose of promoting the betterment of port facilities and the improvement of the efficiency of persons connected with or employed by the port.
Credits
1972, Dec. 6, P.L. 1392, No. 298, § 3.
Footnotes
54 P.S. § 28.1 et seq. (repealed).
55 P.S. § 573, PA ST 55 P.S. § 573
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document |