1741 - General powers.

                               SUBCHAPTER C                            POWERS AND DUTIES     Sec.     1741.  General powers.     1742.  Power to acquire property.     1743.  Power to contract with public utilities.     1744.  Power of eminent domain.     1745.  Use of ways occupied by passenger utilities.     1746.  Transfer of records by Pennsylvania Public Utility            Commission.     1747.  Acquisition of equipment.     1748.  Transfers of facilities or things of value to any            authority.     1749.  Compacts to finance operations and particular projects.     1750.  Contracts, procurement and sale of property.     1751.  Fiscal provisions.     1752.  Financial statements and audit.     1753.  Aid from Federal Government.     § 1741.  General powers.        (a)  Powers enumerated.--An authority shall have and may     exercise all powers necessary or convenient for the carrying out     of the purposes of this chapter, including the following rights,     powers and duties:            (1)  To have perpetual existence.            (2)  To sue and be sued, implead and be impleaded,        complain and defend in all courts, petition the Interstate        Commerce Commission or any other Federal or State regulatory        body or join in any proceeding before any such bodies or        courts in any matter affecting the operation of any project        of the authority.            (3)  To adopt and use and alter at will a corporate seal.            (4)  To establish a principal office within the county of        the first class and such other office or offices as may be        necessary for the carrying on of its duties.            (5)  To make and from time to time to amend and repeal        bylaws, rules, regulations and resolutions.            (6)  To conduct examinations and investigations and to        hear testimony and take proof under oath or affirmation at        public or private hearings, as provided in this chapter, on        any matter material to the public purposes set forth in this        chapter.            (7)  To appoint officers, agents, employees and servants        and to prescribe their duties and fix their compensation,        subject, however, to specific provisions of this chapter.        Members of the board, as well as officers and employees of        the authority, shall not be liable personally on any        obligations, including, but not limited to, bonds of the        authority.            (8)  To enter into contracts of group insurance for the        benefit of its employees or to continue any existing        insurance and/or pension or retirement system and/or any        other employee benefit arrangement covering employees of an        acquired existing transportation system and/or to set up a        retirement or pension fund or any other employee benefit        arrangement for its employees.            (9)  To procure such insurance, letters of credit,        liquidity facilities, guaranties and sureties containing such        coverages, including, but not limited to, contracts insuring        or guaranteeing the timely payment in full of principal of        and interest on bonds of the authority, or providing        liquidity for purchase of bonds of the authority in such        amounts, from such insurers, sureties, guarantors or other        persons, as the authority may determine to be necessary or        desirable for its purposes.            (10)  To self-insure or otherwise provide for the        insurance of any property or operations of the authority        against any risks or hazards.            (11)  To invest any funds held in reserve or sinking        funds, or any funds not required for immediate disbursement,        as authorized by section 1761 (relating to management of        funds).            (12)  To acquire by purchase, gift or otherwise, hold,        lease as lessee and use any franchise, right or property,        real, personal or mixed, tangible or intangible, or any        interest or right therein necessary, desirable or useful for        carrying out the purposes of the authority; to sell, lease as        lessor, transfer, dispose of or otherwise convey any        franchise, right or property, real, personal or mixed,        tangible or intangible, or any interest or right therein, at        any time acquired by it; or to exchange the same for other        property or rights which are useful for its purposes.            (13)  To acquire by eminent domain any real or personal        property, including improvements, fixtures and franchises of        any kind whatever, for the public purposes set forth in this        chapter in the manner provided in this chapter.            (14)  To acquire by purchase, lease or otherwise and to        construct, improve, maintain, repair and operate passenger        transportation facilities and a transportation system or        systems or portions thereof and to pay all costs thereof,        including, but not limited to, the costs of all work and        materials incidental thereto and all amounts necessary to        place any project into operation.            (15)  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 provided in this chapter for the        purpose of providing for the payment of all expenses and        obligations of the authority, including the acquisition,        construction, improvement, repair, maintenance and operation        of its facilities and properties, the maintenance and        operation of a transportation system, 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 of bonds or obligees of the authority. An        authority shall determine by itself, exclusively, the        facilities to be operated by it, the services to be available        and the rates to be charged therefor. Public hearings shall        be held prior to such determinations when changes are        proposed which would increase or decrease fares, establish        new routes, eliminate routes, change routes or make        substantial changes in the level of service scheduled.        However, public hearings need not be held for route changes,        fares or level of scheduled service in the case of temporary        changes not exceeding 90 days caused by emergencies;        promotional fares or services, or experimental services,        adopted to increase revenue and ridership, subject to board        resolution; or special events in which the authority        participates as provided by board resolution. Notice of        public hearings shall be published in two newspapers of        general circulation and a publication specifically designed        to reach minorities not fewer than 30 calendar days prior to        such hearing. Any person aggrieved by any rate or service or        change of service fixed by the authority may bring an appeal        against the authority for the purpose of protesting against        any such charge, service or change of service. The grounds        for the suits shall be restricted to a manifest and flagrant        abuse of discretion or an error of law; otherwise, all        actions by the authority shall be final. Upon the finding of        an error of law or a manifest and flagrant abuse of        discretion, the court shall issue an order setting forth the        abuse or error and returning the matter to the authority for        such further action as shall be not inconsistent with the        findings of the court. No appeal from the action of the        authority or from the decision of the court of common pleas        shall act as a supersedeas, except when taken by the        authority or, in other cases, when specially granted after a        finding that irreparable and extraordinary harm will result.        The courts shall give priority to all appeals, and no bond        shall be required of any party instituting such an appeal        under the provisions of this section.            (16)  To fix rates, fares and charges in such manner that        they shall be at all times sufficient in the aggregate, and        in conjunction with any grants from Federal or other sources        and any other income available to the authority, to provide        funds for the payment of all operating costs and expenses        which shall be incurred by the authority, for the payment of        the interest on and principal of all bonds payable from the        revenues and to meet all other charges upon such revenues as        provided by any trust agreement executed by the authority in        connection with the issuance of bonds.            (17)  To enter into agreements with the United States        Postal Service or any successor organization for the        transportation of mail and payment of compensation to the        authority in lieu of fares for the transportation of letter        carriers in uniform at all times. The board may provide free        transportation for firefighters in uniform and police        officers when in uniform or when not in uniform upon        presentation of identification as police officers. The board        may provide free transportation for employees of the        authority when in uniform or upon presentation of        identification as such employees, provide free transportation        to dependents of employees of the authority upon presentation        of identification as provided by the board and enter into        reciprocal arrangements to provide free transportation to        employees and dependents of employees of other transportation        agencies.            (18)  To borrow money from any person for the purpose of        paying the costs of any project or in anticipation of the        receipt of income of the authority and to evidence the same;        make and issue bonds of the authority; secure the payment of        such bonds or any part thereof by pledge of or security        interest, which may be a senior, parity or subordinated        pledge or security interest, in all or any of its revenues,        rentals, receipts and contract rights and all or any of its        moveable equipment and other tangible personal property; to        secure the payment of such bonds or any part thereof by a        mortgage lien on real property of the authority or any        interest therein, provided, however, that no such lien shall        extend to real property of the authority comprising rights of        way, easements or any other interests in real property used        or useful for passage of transportation vehicles or necessary        for the safe and sound routing or control of transportation        vehicles; issue bonds on an unsecured basis; issue bonds on a        limited recourse or nonrecourse basis; issue bonds under a        master trust indenture; make agreements with the purchasers        or holders of bonds or with other obligees of the authority        in connection with any bonds, whether issued or to be issued,        as the authority shall deem advisable, which agreements shall        constitute contracts with the purchasers or obligees of the        authority; obtain credit enhancement or liquidity facilities        in connection with any bonds as the authority shall determine        to be advantageous; and, in general, provide for the security        for the bonds and the rights of the obligees of the        authority.            (19)  To accept grants and to enter into contracts,        leases, subleases, licenses or other transactions with any        person on such terms and for such purposes as the authority        shall deem proper.            (20)  To negotiate and enter into arrangements, including        futures contracts, forward contracts and cap, collar,        corridor, floor or ceiling agreements, with respect to        essential supplies and commodities for an authority for the        purpose of reducing the risk to the authority of price        fluctuations for the supplies and commodities.            (21)  To make and execute all contracts and other        instruments necessary or convenient to the exercise of the        powers of the authority, and any contract or instrument when        signed by the chairman or vice chairman and secretary or        assistant secretary or treasurer or assistant treasurer of        the authority shall be held to have been properly executed        for and on its behalf. Without limiting the generality of the        foregoing, the authority is also authorized to enter into        contracts for the purchase, lease, operation or management of        transportation facilities within or without the metropolitan        area or within or without this Commonwealth. Whenever the        facilities are located outside the metropolitan area, they        shall be subject to the jurisdiction of the appropriate        regulatory agencies.            (22)  To enter into contracts with government agencies        and Federal agencies on such terms as the authority shall        deem proper for the use of any facility or other real or        personal property of the authority, and fixing the amount to        be paid therefor.            (23)  To agree with the constituent municipalities in        which it operates for the lease of present and future        municipal property, where such a lease would be advantageous        to the authority in the financing or the operation of        improved passenger transportation service.            (24)  To explore alternative means of raising revenue or        reducing expenses, including, but not limited to, real estate        leases and rentals, equipment leases and rentals, contracting        of services, the solicitation of competitive bids and the        awarding of contracts to the highest responsive, responsible        bidder for both interior and exterior advertising on all        authority equipment on which the public is charged a fare for        riding. However, on rail passenger units only bids for        interior advertising shall be solicited. Nothing in this        chapter or in any other law of this Commonwealth shall        preclude the negotiation and execution of contracts with        respect to real estate-related matters in accordance with and        subject solely to the provisions of this paragraph. The        general manager may recommend in writing that the board make        a finding of special opportunity with respect to a real        estate-related matter. The board shall consider the general        manager's recommendation at a public meeting. The notice        given in accordance with the act of July 3, 1986 (P.L.388,        No.84), known as the Sunshine Act, with respect to such        meeting shall state that the board will consider making a        finding of special opportunity at such meeting and shall        describe the nature of the proposed finding of special        opportunity. Any finding of special opportunity shall be        approved by the board in accordance with the provisions of        section 1715 (relating to meetings, quorum, officers and        records). The board shall adopt, by resolution, a process        under which the authority shall enter into contracts needed        to implement a finding of special opportunity. The process        adopted by the board shall provide a method of prequalifying        prospective contracting parties, where appropriate; for the        reasonable notification of prospective contracting parties of        the issuance of requests for proposals and the reasonable        opportunity for qualified prospective contracting parties to        submit proposals; for review of proposals from qualified        prospective contracting parties; for the negotiation of        contracts with one or more prospective contracting parties;        for award of contracts on the basis of evaluation of the        characteristics of the proposals; and for giving such weight        to the various characteristics of any proposal as the board        shall determine is in the best interest of the authority. The        characteristics by which proposals may be evaluated under a        finding of special opportunity may include the likely        complexity of the transaction; the amount of investment any        selected contracting party will be required to make or offers        to make in the real estate-related matter; the experience and        prior success of the proposed contracting party in other        similar dealings with the same type of real estate-related        matters or with the authority; the quality, feasibility and        potential for economic success of the proposal; any cost or        potential return to the authority; the economic reliability        and financial viability of the proposed contracting party;        the compatibility of the proposal with the authority's basic        function as a public transportation provider; the date by        which the proposed contracting party agrees to complete the        real estate-related matter; and other factors which the board        shall specify. The authority shall make available a copy of        the process adopted by the board to any person requesting a        copy of the process. The general manager may make a written        recommendation to the board concerning the award of a        contract under a finding of special opportunity. The general        manager's recommendation shall include the identity of the        prospective contracting party or parties, the purpose of the        contract, the substance of the finding of special        opportunity, the substance and term of the proposed contract,        the identities of any other prospective contracting parties        who submitted proposals and the criteria upon which the        general manager's recommendation was made and the reasons for        selecting the prospective contracting party. Upon the written        recommendation of the general manager, the board may award        contracts under this paragraph after approving the awarding        of the contract by a resolution adopted at a public meeting.        The notice given in accordance with the Sunshine Act with        respect to such meeting shall state that the board will        consider awarding a contract under a finding of special        opportunity at such meeting and shall describe the subject        matter of such proposed contract. The authority shall by        April 15 of each year submit a report to the department. The        report shall detail the actions of the authority in exploring        alternate means of raising revenue and reducing expenses. The        department shall review the report and issue its findings and        recommendations to the Appropriations Committee and the        Transportation Committee of the Senate and the Appropriations        Committee and the Transportation Committee of the House of        Representatives no later than 30 days after receipt of such        report for review and consideration of future funding by such        committees. Where any alternate means have been rejected, the        authority shall demonstrate that the feasibility and cost-        effectiveness of that alternate means have been considered.        As used in this paragraph, "finding of special opportunity"        shall mean a written determination by the board that        exclusion of a real estate-related matter from bidding        procedures, as provided in this chapter or any other law,        will be in the best interest of the authority and will be        compatible with the authority's basic function as a public        transportation provider, considering the nature of the real        estate-related matter with respect to which the authority        proposes to contract. Any finding of special opportunity        shall include the basis on which the finding of special        opportunity is being made.            (25)  To lease property or contract for service,        including managerial and operating service, whenever it can        more efficiently and effectively serve the public by so        doing, rather than conducting its own operations with its own        property.            (26)  To have the right to use any public road, street,        way, highway, bridge or tunnel for the operation of a        transportation system within the metropolitan area. In all        cases involving the facilities of a railroad, any operations        of which extend beyond the metropolitan area, the exercise of        this right by the authority shall be subject to the        jurisdiction of the Pennsylvania Public Utility Commission        under Title 66 (relating to public utilities) only to the        extent that the operations extend beyond the metropolitan        area.            (27)  To act as agent of any government agency or any        Federal agency for the public purposes set forth in this        chapter.            (28)  To make available to any government agency the        recommendations of the authority affecting any area in the        authority's field of operation or property therein, which it        may deem likely to promote the public health, morals, safety        and welfare.            (29)  To form plans for the improvement of mass        transportation and the operation of a transportation system        in order to promote the economic development of the        metropolitan area in which the transportation authority        operates, to make recommendations concerning mass        transportation facilities which the authority does not own or        operate, to make recommendations concerning throughways and        arterial highway connections to the department and to other        appropriate governmental bodies and otherwise to cooperate        with all such governmental bodies. The authority shall give        advance notice to the department of any plans which it may        have for the occupation or use of any part of any State        highway.            (30)  To rehabilitate, reconstruct and extend as possible        all portions of any transportation system acquired by the        authority and to maintain at all times a fast, reliable and        economical transportation system suitable and adapted to the        needs of the municipalities served by the authority and for        safe, comfortable and convenient service. To that end, the        board shall make every effort to utilize high-speed rights-        of-way, private or otherwise, to the maximum extent        practicable to avoid air pollution by its vehicles, to        abandon no physical property which the authority has        determined retains continued usefulness to the authority and        to extend its rail and highway services into areas which have        sufficient need for them to economically or strategically        justify such extension.            (31)  To adopt, consistent with the policies of this        chapter, and from time to time amend a comprehensive        transportation plan. A public hearing shall be conducted        prior to adoption or amendment. Notice of the public hearing        shall be published in two newspapers of general circulation        and a publication specifically designed to reach minorities        not fewer than 30 days prior to the hearing.            (32)  To do all acts and things necessary for the        promotion of its business and the general welfare of the        authority to carry out the powers granted to it by this        chapter or any other statute. Notwithstanding any other        provision of law, the board shall adopt procedures and        practices to implement the provisions of this chapter by        resolution of the board.        (b)  Public highways.--Private rights and property in the     beds of existing public highways vacated in order to facilitate     the purposes of the authority shall not be deemed destroyed or     ousted by reason of the vacation, but shall be acquired or     relocated by the authority in the same manner as other property.        (c)  Certain powers denied.--The authority shall have no     power, at any time or in any manner, to pledge the credit or     taxing power of the Commonwealth or any other government agency,     nor shall any of the authority's obligations be deemed to be     obligations of the Commonwealth or of any other government     agency, nor shall the Commonwealth or any government agency be     liable for the payment of principal or interest on such     obligations.        (d)  No power to levy taxes.--The authority shall not have     power to levy taxes for any purpose whatsoever.        References in Text.  The act of July 3, 1986 (P.L.388,     No.84), known as the Sunshine Act, referred to in subsec.     (a)(24), was repealed by the act of October 15, 1998 (P.L.729,     No.93). The subject matter is now contained in Chapter 7 of     Title 65 (Public Officers).        Cross References.  Section 1741 is referred to in sections     1744, 1750 of this title.