2010 Pennsylvania Code
Title 74 - TRANSPORTATION
Chapter 17 - Metropolitan Transportation Authorities
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.