PRINTER'S NO. 2210
No. 1773 Session of 1997
INTRODUCED BY CHADWICK, FARGO, GODSHALL, ARMSTRONG, WAUGH,
BARLEY, STABACK, HERSHEY, PRESTON, FICHTER, E. Z. TAYLOR,
DeLUCA, GIGLIOTTI, C. WILLIAMS, SATHER, HENNESSEY AND
ROBERTS, SEPTEMBER 23, 1997
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, SEPTEMBER 23, 1997
AN ACT
1 Amending the act of May 2, 1945 (P.L.382, No.164), entitled "An
2 act providing for the incorporation as bodies corporate and
3 politic of 'Authorities' for municipalities, counties and
4 townships; prescribing the rights, powers and duties of such
5 Authorities heretofore or hereafter incorporated; authorizing
6 such Authorities to acquire, construct, improve, maintain and
7 operate projects, and to borrow money and issue bonds
8 therefor; providing for the payment of such bonds, and
9 prescribing the rights of the holders thereof; conferring the
10 right of eminent domain on such Authorities; authorizing such
11 Authorities to enter into contracts with and to accept grants
12 from the Federal Government or any agency thereof; and
13 conferring exclusive jurisdiction on certain courts over
14 rates," further regulating appointments to a governing body.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Clause (b) of subsection A of section 7 of the
18 act of May 2, 1945 (P.L.382, No.164), known as the Municipality
19 Authorities Act of 1945, amended March 14, 1978 (P.L.12, No.7),
20 is amended to read:
21 Section 7. Governing Body.--A. The powers of each Authority
22 shall be exercised by a governing body (herein called the
23 "Board") composed as follows:
1 * * *
2 (b) If the Authority is incorporated by two or more
3 municipalities, the board shall consist of a number of members
4 at least equal to the number of municipalities incorporating the
5 Authority, but in no event less than five. When one or more
6 additional municipalities join an existing Authority, each of
7 such joining municipalities shall have such membership on the
8 board as the municipalities then members of the Authority and
9 the joining municipalities may determine by appropriate
10 resolutions. The members of the board of a joint Authority shall
11 each be appointed by the governing body of the incorporating or
12 joining municipality he represents and their terms of office
13 shall commence on the date of appointment. One member shall
14 serve for one year, one for two years, one for three years, one
15 for four years and one for five years from the first Monday in
16 January next succeeding the date of incorporation, amendment or
17 joinder, and if there are more than five members of the board,
18 their terms shall be staggered in a similar manner for terms of
19 from one to five years from the first Monday in January next
20 succeeding. Thereafter, whenever a vacancy has occurred by
21 reason of the expiration of the term of any member, the
22 governing body of the municipality which has the power of
23 appointment shall appoint a member of the board for a term of
24 five years from the date of expiration of the prior term.
25 Except as herein provided for transit authorities created for
26 the purpose of eliminating grade crossings and except as herein
27 provided with regard to non-resident employes of a municipality,
28 the members of the board, each of whom shall be a taxpayer in,
29 maintain a business in, or be a citizen of the municipality by
30 which he is appointed or be a taxpayer in, maintain a business
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1 in, or be a citizen of a municipality into which one or more of
2 the projects of the Authority extends or is to extend or to
3 which one or more of said projects has been or is to be leased,
4 shall be appointed, their terms fixed and staggered, and
5 vacancies filled, and where two or more municipalities are
6 members of the Authority, shall be apportioned in such manner as
7 the articles of incorporation, the amendments thereof or the
8 application for membership required by section three point one
9 of this act shall provide [not]. Not more than one non-resident
10 shall be appointed to any board.
11 If the Authority, is created for the purpose of eliminating
12 grade crossings, the members of the board, the majority of whom
13 shall be citizens of the municipality by which they are
14 appointed or of a municipality into which one or more of the
15 projects of the Authority extends or is to extend or to which
16 one or more of said projects has been or is to be leased, shall
17 be appointed, their terms fixed and staggered, and vacancies
18 filled, and where two or more municipalities are members of the
19 Authority, shall be apportioned in such manner as the articles
20 of incorporation, the amendments thereof or the application for
21 membership required by section 3.1 of this act shall provide.
22 An employe of a municipality appointed by that municipality
23 to be a member of an Authority board shall be a resident of the
24 appointing municipality.
25 * * *
26 Section 2. This act shall take effect in 60 days.
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