Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 6112-B - Powers and duties(a)(1) The district, by entering into agreements with municipalities and persons providing for cooperation, shall accomplish the following purposes:(i) supporting and financing regional assets;(ii) engaging in the oversight and coordination of regional assets; and(iii) assuring the efficient and effective operation and development of regional assets.(2) The enumeration of purposes in clause (1) shall not be construed to limit the powers granted to the district under this article.(b) The district is granted all powers necessary or convenient for the carrying out of its purposes, including the following:(1) To have continuing succession.(2) To sue and be sued, implead and be impleaded, complain and defend in all courts.(3) To adopt, use and alter at will a corporate seal.(4) To make, enter into and award contracts with any person, association, partnership or corporation for the development, design, financing, construction, improvement, maintenance, operation, furnishing, fixturing, equipping and repair of regional assets or parts of regional assets.(5) To conduct financial and performance reviews and audits of regional assets.(6) To conduct long-term planning necessary for the efficient and effective operation and development of regional assets.(7) To make bylaws for the regulation of its affairs and to promulgate rules, regulations and policies in connection with the performance of its functions and duties.(8)(i) To borrow money for the purpose of paying the costs of any project and to evidence the same.(ii) To make and issue negotiable bonds of the district and secure the payment of the bonds or any part of the bonds by pledge or deed of trust of all or any of its revenues, rentals, receipts and contract rights.(iii) To make such agreements with the purchasers or holders of the bonds or with other obligees of the district in connection with any bonds, whether issued or to be issued, as the district shall deem advisable, which agreements shall constitute contracts with the holders or purchasers.(iv) To obtain such credit enhancement or liquidity facilities in connection with any bonds as the district shall determine to be advantageous.(v) To, in general, provide for the security for the bonds and for the rights of the holders of the bonds.(9) To make, enter into and award contracts of every name and nature and to execute all instruments necessary or convenient for the carrying out of its business.(10) To borrow money and accept grants and to enter into contracts, leases, subleases, licenses or other transactions with any Federal agency, State public body, political subdivision, person, association, partnership or corporation.(11) To pledge, hypothecate or otherwise encumber any of its property, real, personal or mixed, tangible or intangible, and its revenues or receipts, including, but not limited to, any interest the district may have in any lease or sublease of regional assets or parts of regional assets.(12) To procure such insurance containing such coverage, including, without limitation, insurance covering the timely payment in full of principal and interest on bonds of the district, in such amounts from such insurers as the district may determine to be necessary or desirable for its purposes.(13) To invest its money.(14) To cooperate with any Federal agency, State public body or political subdivision.(15) To invest any funds not required for immediate disbursement in reserve or sinking funds.(16) To appoint all officers, agents and employes required for the performance of its duties and fix and determine their qualifications, duties and compensation and retain or employ other agents or consultants. The board shall develop, implement and evaluate plans and process to assure that all persons are accorded equality of opportunity in employment and contracting by the board.(17) To enroll its employes in a retirement system, including an existing retirement system of the county, city or other governmental entity.(18) To appoint and fix the compensation of chief counsel and assistant counsel, who shall not be required to be employes of the district, to provide it with legal assistance. Notwithstanding the provisions of 42 Pa.C.S. § 8525 (relating to legal assistance), the authority through its counsel shall defend actions brought against the authority and its officers and employes when acting within the scope of their official duties.(19) To maintain an office in the county.(20) To assist in the development and expansion of minority business enterprises and women's business enterprises.(21) To do all acts and things necessary or convenient for the promotion of its purposes and the general welfare of the district and to carry out the powers granted to it by this act or any other acts.(c) Limitations and conditions regarding operations.--Notwithstanding any purpose of the district or a general or specific power granted by this act or any other act, whether express or implied, the following limitations and conditions shall apply to the operations of the district:(1) The district shall have no power to pledge the credit or taxing powers of the Commonwealth or any other government agency except the credit of the district nor shall any of the bonds of the district be deemed a debt or liability of the Commonwealth or of any other government agency, except as otherwise agreed by the Commonwealth or a government agency.(2) Neither the Commonwealth nor any government agency except the district shall be liable for payment of the principal, interest or premium on any of the district's bonds, except as otherwise agreed by the Commonwealth or a government agency.(3) Notwithstanding any provision of this act or any other act to the contrary or of any implication that may be drawn from this act or any other act, the Commonwealth and all other government agencies, except the district, shall have no legal or moral obligation for the payment of any expenses or obligations of the district, including, but not limited to, bond principal and interest, the funding or refunding of any reserve and any administrative or operating expenses whatsoever, except as otherwise agreed to by the Commonwealth or another government agency.(4) Bonds of the district shall contain a prominent statement of the limitations set forth in this subsection and shall further recite that obligees of the district shall have no recourse, either legal or moral, to the Commonwealth or to any other government agency for payment of the bonds, except as otherwise agreed to by the Commonwealth or another government agency.(5) The district shall not assume the responsibility of employing personnel directly engaged in the operation of regional assets but may enter into contracts with the city, county and other public and private organizations for the operation and financing of regional assets.(d) The governing body of the district shall appoint a twenty-seven member advisory board composed of individual representatives of the broad range of community interests affected by the implementation of this article. The advisory board shall serve to advise the governing body of the district in the administration of this article. Each member of the advisory board shall be appointed for a term of four years, except that thirteen of the initial members shall serve for three years.1953, July 28, P.L. 723, No. 230, art. XXXI-B, § 3112-B, added 1993, Dec. 22, P.L. 529, No. 77, § 2, effective in 60 days.