71 Pa. Stat. § 1707.4

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 1707.4 - Purposes and powers; general

The Authority is created for the purpose of constructing, improving, equipping, furnishing, maintaining, acquiring and operating sewers, sewer systems, and sewage treatment works for State institutions of every kind and character (heretofore or hereafter constructed), public buildings for the use of the Commonwealth, an official residence in the City of Harrisburg which shall thereafter be used as the official residence of the Governor of the Commonwealth, municipal exhibition halls, State arsenals, armories, and military reserves, State airports and landing fields, State institutions of every kind and character (heretofore or hereafter constructed), additions and improvements to land grant colleges, the University of Pittsburgh and Temple University, State colleges and Indiana University of Pennsylvania, universities and medical colleges, manual training schools, agricultural and industrial schools receiving State aid, school buildings and the furnishings and equipment thereof for the use of the public schools, Resident Treatment and Research Centers for Victims of Addictive Diseases operating under the jurisdiction and control of the Department of Public Welfare, State highways, and bridges, toll bridges, tunnels, and traffic circles on State highways, swimming pools, reservoirs and lakes, marinas, marine terminals, port improvements, low head dams, improvements to river embankments, desilting dams, impounding basins, flood control projects, and the purchase of lands for rehabilitation purposes in connection with State institutions and for use of State colleges (any and all the foregoing being herein called "projects"): Provided, however, That the purpose and intent of this act being to benefit the people of the Commonwealth by, among other things, increasing their commerce and prosperity, and not to unnecessarily burden or interfere with existing business by the establishment of competitive enterprises, none of the powers granted hereby (other than for the construction, improvement and maintenance of bridges) shall be exercised in the construction, improvement, maintenance, extension or operation of any project or projects which, in whole or in part, shall duplicate or compete with existing enterprises serving substantially the same purposes. Whenever any bill authorizing the Authority to undertake specific projects becomes law, the Authority shall not undertake any project which at any time was included in such bill but which was not included in the bill as finally passed. The Authority is hereby granted and shall have and may exercise all powers necessary or convenient for the carrying out of the aforesaid purposes, including, but without limiting the generality of the foregoing, the following rights and powers:

(a) To have perpetual existence as a corporation.
(b) To sue and be sued, implead and be impleaded, complain and defend in all courts.
(c) To adopt, use, and alter at will a corporate seal.
(d) To acquire, purchase, hold, and use any property, real, personal or mixed, tangible or intangible, or any interest therein necessary or desirable for carrying out the purposes of the Authority, and (without limitation of the foregoing) to lease as lessee, with the approval of the Governor, any property, real, personal or mixed, or any interest therein, for a term not exceeding ninety-nine (99) years at a nominal rental or at such annual rental as may be determined and, with the approval of the Governor, to lease as lessor to the Commonwealth of Pennsylvania and any city, county, school district, or other political subdivision, or any agency, department, or public body of the Commonwealth, or land grant college, any project at any time constructed by the Authority, whether wholly or partially completed, and any property, real, personal or mixed, tangible or intangible, or any interest therein, at any time acquired by the Authority, whether wholly or partially completed, and with the approval of the Governor, to sell, transfer and convey to the Commonwealth of Pennsylvania, any project at any time constructed by the Authority, and with the approval of the Governor, to sell, transfer and convey any property, real, personal or mixed, tangible or intangible, or any interest therein, at any time acquired by the Authority.
(e) To acquire by purchase, lease, or otherwise, and to construct, improve, equip, furnish, maintain, repair, and operate projects.
(f) To make by-laws for the management and regulation of its affairs.
(g) To appoint officers, agents, employes, and servants; to prescribe their duties and to fix their compensation.
(h) To fix, alter, charge, and collect rates, rentals, and other charges for the use of the facilities of, or for the services rendered by, the Authority or projects thereof, at reasonable rates, to be determined by it, for the purpose of providing for the payment of the expenses of the Authority, the construction, improvement, repair, equipping, furnishing, maintenance, and operation of its facilities and properties, the payment of the principal of and interest on its obligations, and to fulfill the terms and provisions of any agreements made with the purchasers or holders of any such obligations.
(i) Repealed by 1969, July 24, P.L. 183, § 5.
(j) To make contracts of every name and nature, and to execute all instruments necessary or convenient for the carrying on of its business.
(j.1) At its option, to authorize the Department of Property and Supplies to prescribe standards and specifications and make contracts and purchases of various materials and services for the Authority, pursuant to the provisions of sections 2409, 2403, and 2403.1 of the act of April 9, 1929 (P.L. 177), known as "The Administrative Code of 1929."
(k) Without limitation of the foregoing, to borrow money and accept grants from, and to enter into contracts, leases or other transactions with, any Federal agency: Provided, That any unused borrowing capacity which may become available due to the operation of the Higher Education Facilities Act of 1963 ( Public Law 88-204 ) or by reason of any Federal grant from any other source for any project at any State college, Indiana University of Pennsylvania, the Pennsylvania State University, the University of Pittsburgh or Temple University shall be used only for academic buildings or other similar facilities as approved by the Superintendent of Public Instruction for the university or college originally receiving the Federal grant.
(l) To have the power of eminent domain.
(m) To pledge, hypothecate, or otherwise encumber all or any of the revenues or receipts of the Authority as security for all or any of the obligations of the Authority.
(n) To do all acts and things necessary or convenient to carry out the powers granted to it by this act or any other acts.
(o) To enter into agreements with the Secretary of Highways of the Commonwealth of Pennsylvania, providing for the construction or reconstruction of highways and bridges by the Authority and the acquisition of toll bridges by the Authority, under such terms and conditions as may be mutually agreed upon.
(p) To acquire, by assignment from the Commonwealth, contracts which are not completed and which involve constructing, improving, equipping, furnishing, maintaining, and operating the structures, facilities, or undertakings similar to those designated herein as projects.

Except as otherwise provided by law, when projects are to be constructed, improved, equipped, furnished, maintained, repaired or operated for the use of any department of the Commonwealth, as hereinbefore listed in this section, no plans or specifications therefor shall be presented for quotations or bids until such plans and specifications shall have been submitted to and approved by the department of the Commonwealth which shall use such project, the Department of Property and Supplies and the Department of Labor and Industry, so that the project will conform to standards established by these departments.

The Department of Property and Supplies shall communicate its approval or disapproval of such plans and specifications to the Authority within ninety days after its receipt thereof. In the event of the disapproval of such plans and specifications within said ninety day period the Authority may submit other plans and specifications to the Department of Property and Supplies in which case the provisions hereof with respect to approval or disapproval shall apply thereto. The failure of the Department of Property and Supplies to communicate its approval or disapproval of such plans and specifications to the Authority within said ninety day period shall constitute its automatic approval thereof.

71 P.S. § 1707.4

1949, March 31, P.L. 372, § 4. Amended 1951, Sept. 26, P.L. 1509, § 1; 1952, Jan. 5, P.L. (1951) 1829, § 1; 1953, July 27, P.L. 596, § 1; 1955, Dec. 22, P.L. 893, § 1; 1956, May 3, P.L. (1955) 1530, § 1; 1956, May 18, P.L. (1955) 1634, § 1; 1956, May 28, P.L. (1955) 1761, § 1; 1957, June 28, P.L. 414, § 1; 1957, July 17, P.L. 966, § 1; 1959, Dec. 22, P.L. 1997, § 1; 1961, July 18, P.L. 790, No. 349, § 1; 1961, Sept. 23, P.L. 1622, § 1; 1966, Jan. 21, P.L. (1965) 1446, § 1; 1967, July 7, P.L. 167, § 1; 1967, Oct. 25, P.L. 481, § 1; 1968, March 15, P.L. 62, No. 20, § 1; 1968, July 10, P.L. 322, No. 155, § 1; 1968, July 20, P.L. 652, No. 220, § 1. Affected 1969, July 24, P.L. 183, § 5.