1711 - Creation of metropolitan transportation authorities.

                               SUBCHAPTER B              AUTHORIZATION AND ORGANIZATION OF AUTHORITIES     Sec.     1711.  Creation of metropolitan transportation authorities.     1712.  Governing and policymaking body.     1713.  Appointment of board members.     1714.  Resignation and vacancies.     1715.  Meetings, quorum, officers and records.     1716.  Secretary, oath, bond.     1717.  Controller.     1718.  Signatures.     1719.  General manager.     1720.  Treasurer.     1721.  Counsel to the board.     1722.  Legal division and general counsel.     1723.  Other employees.     1724.  Personnel matters.     1725.  Public hearings.     1726.  Citizen advisory committee.     1727.  Investigations and subpoenas.     1728.  Conflicts of interest.     § 1711.  Creation of metropolitan transportation authorities.        (a)  Creation and purpose.--There is hereby authorized the     creation of a separate body corporate and politic in each     metropolitan area, to be known as the transportation authority     of that metropolitan area, extending to and including all of the     territory in the metropolitan area. An authority shall in no way     be deemed to be an instrumentality of any city or county or     other municipality or engaged in the performance of a municipal     function, but shall exercise the public powers of the     Commonwealth as an agency and instrumentality thereof. An     authority shall exist for the purpose of planning, acquiring,     holding, constructing, improving, maintaining, operating,     leasing, either as lessor or lessee, and otherwise functioning     with respect to a transportation system in the metropolitan area     and outside of such area, whether within or beyond the     boundaries of this Commonwealth, to the extent necessary for the     operation of an integrated transportation system and for the     provision of all group and party services which can be provided     by the existing transportation system or transportation systems     subject to acquisition under this chapter. All services rendered     by an authority outside the metropolitan area shall be pursuant     to certificates of public convenience or other appropriate     authorization issued to it by the Pennsylvania Public Utility     Commission or other appropriate regulatory agency of the Federal     Government or any state. Except as provided in subsection (c),     an authority shall transact no business or otherwise become     operative until and unless a majority of its board shall have     been qualified in accordance with this subchapter.        (b)  Certificate of incorporation.--            (1)  The certification by the appointing power of each        board member and the constitutional oath of office subscribed        by each member shall be filed with the Department of State,        and, except as provided in subsection (c), upon the receipt        of initial certifications and respective oaths of a majority        of the total number of board members appropriate to any        metropolitan area, the Secretary of the Commonwealth shall        issue a certificate of incorporation. This certificate shall        refer to that authority by the name which shall be designated        by the board members.            (2)  In any suit, action or proceeding involving or        relating to the validity or enforcement of any contract or        act of an authority, a copy of the certificate of        incorporation, duly certified by the Department of State,        shall be admissible in evidence and shall be conclusive proof        of the legal establishment of the authority.        (c)  Transition provisions.--            (1)  Any authority established under the former        provisions of Article III of the act of January 22, 1968        (P.L.42, No.8), known as the Pennsylvania Urban Mass        Transportation Law, or the former provisions of Chapter 15        (relating to metropolitan transportation authorities) shall        be deemed, for all purposes, to be an authority created under        this chapter, shall continue in effect under this chapter as        an authority of the Commonwealth and shall exercise those        powers, functions and duties and be governed by those        provisions applicable to an authority created under this        chapter. Such authority established under the former        provisions of Article III of the Pennsylvania Urban Mass        Transportation Law or the former provisions of Chapter 15        shall be deemed to have satisfied the requirements of        subsections (a) and (b) concerning the organization of an        authority under this chapter. Nothing in this chapter shall        be construed to alter or modify in any respect any contract        or other obligation of such authority entered into prior to        the effective date of this chapter.            (2)  An authority created or existing under this chapter,        including any authority established under the former        provisions of Article III of the Pennsylvania Urban Mass        Transportation Law or the former provisions of Chapter 15,        shall, without the necessity of action or assignment by it or        any other person:                (i)  continue in the rights and responsibilities of            any authority existing under the former provisions of the            Pennsylvania Urban Mass Transportation Law or the former            provisions of Chapter 15 for all purposes, including, but            not limited to, receipt of all grants, gifts,            appropriations, subsidies or other payments;                (ii)  continue to be the owner of any real or            personal property and enjoy and be subject to any and all            rights and responsibilities appurtenant thereto of any            authority existing under the former provisions of the            Pennsylvania Urban Mass Transportation Law or the former            provisions of Chapter 15, including, but not limited to,            all assets, property, real and personal, tangible and            intangible, all easements and all evidences of ownership            or other interest in part or in whole, and all records,            and other evidences pertaining thereto; and                (iii)  continue to be obligated with respect to all            debt and other contractual obligations of any authority            existing under the former provisions of the Pennsylvania            Urban Mass Transportation Law or the former provisions of            Chapter 15.            (3)  It is hereby declared to be the intent of the        General Assembly that an authority created or existing under        this chapter, including any authority established under the        former provisions of Article II of the Pennsylvania Urban        Mass Transportation Law or the former provisions of Chapter        15, and the members, officers, officials and employees of any        of them, shall continue to enjoy sovereign and official        immunity, as provided in 1 Pa.C.S. § 2310 (relating to        sovereign immunity reaffirmed; specific waiver), and shall        remain immune from suit except as provided by and subject to        the provision of 42 Pa.C.S. §§ 8501 (relating to definitions)        through 8528 (relating to limitations on damages).        Cross References.  Section 1711 is referred to in section     1782 of this title.