1 BRIDGES, TUNNELS, FLOOD CONTROL PROJECTS, HIGHWAYS,
PARKWAYS,
2 TRAFFIC DISTRIBUTION CENTERS, PARKING SPACES,
AIRPORTS AND
3 ALL FACILITIES NECESSARY OR INCIDENT THERETO.
4 (4) PARKS, RECREATION
GROUNDS AND FACILITIES.
5 (5) SEWERS, SEWER
SYSTEMS OR PARTS THEREOF.
6 (6) SEWAGE TREATMENT
WORKS, INCLUDING WORKS FOR TREATING
7 AND DISPOSING OF INDUSTRIAL WASTE.
8 (7) FACILITIES
AND EQUIPMENT FOR THE COLLECTION, REMOVAL
9 OR DISPOSAL OF ASHES, GARBAGE, RUBBISH AND OTHER
REFUSE
10 MATERIALS BY INCINERATION, LANDFILL OR OTHER
METHODS.
11 (8) STEAM HEATING
PLANTS AND DISTRIBUTION SYSTEMS.
12 (9) INCINERATOR
PLANTS.
13 (10) WATERWORKS,
WATER SUPPLY WORKS, WATER DISTRIBUTION
14 SYSTEMS.
15 (11) FACILITIES
TO PRODUCE STEAM WHICH IS USED BY THE
16 AUTHORITY OR IS SOLD ON A CONTRACT BASIS FOR
INDUSTRIAL OR
17 SIMILAR USE OR ON A SALE-FOR-RESALE BASIS TO
ONE OR MORE
18 ENTITIES AUTHORIZED TO SELL STEAM TO THE PUBLIC,
PROVIDED
19 THAT SUCH FACILITIES HAVE BEEN APPROVED BY RESOLUTION
OR
20 ORDINANCE ADOPTED BY THE GOVERNING BODY OF THE
MUNICIPALITY
21 OR MUNICIPALITIES ORGANIZING SUCH AUTHORITY
AND THAT THE
22 APPROVAL DOES NOT OBLIGATE THE TAXING POWER
OF THE
23 MUNICIPALITY IN ANY WAY.
24 (12) FACILITIES
FOR GENERATING SURPLUS ELECTRIC POWER
25 WHICH ARE RELATED TO INCINERATOR PLANTS, DAMS,
WATER SUPPLY
26 WORKS, WATER DISTRIBUTION SYSTEMS OR SEWAGE
TREATMENT PLANTS
27 PURSUANT, WHERE APPLICABLE, TO SECTION 3 OF
THE FEDERAL POWER
28 ACT (41 STAT. 1063, 16 U.S.C. § 796) AND
SECTION 210 OF THE
29 PUBLIC UTILITY REGULATORY POLICIES ACT OF 1978
(PUBLIC LAW
30 95-617, 16 U.S.C. § 824A-3) OR TITLE IV
OF THE PUBLIC UTILITY
20010S0780B1186
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1 REGULATORY POLICIES ACT OF 1978 (PUBLIC LAW 95-617,
16 U.S.C.
2 §§ 2701 TO 2708), IF:
3
(I) ELECTRIC POWER GENERATED FROM THE FACILITIES IS
4 SOLD OR DISTRIBUTED ONLY
ON A SALE-FOR-RESALE BASIS TO
5 ONE OR MORE ENTITIES
AUTHORIZED TO SELL ELECTRIC POWER TO
6 THE PUBLIC;
7
(II) THE FACILITIES HAVE BEEN APPROVED BY RESOLUTION
8 OR ORDINANCE ADOPTED
BY THE GOVERNING BODY OF THE
9 MUNICIPALITY OR MUNICIPALITIES
ORGANIZING THE AUTHORITY
10 AND THE APPROVAL DOES
NOT OBLIGATE THE TAXING POWER OF
11 THE MUNICIPALITY IN
ANY WAY; AND
12
(III) THE INCINERATOR PLANTS, DAMS, WATER SUPPLY
13 WORKS, WATER DISTRIBUTION
SYSTEMS OR SEWAGE TREATMENT
14 PLANTS ARE OR WILL BE
LOCATED WITHIN OR CONTIGUOUS WITH A
15 COUNTY IN WHICH AT LEAST
ONE OF THE MUNICIPALITIES
16 ORGANIZING THE AUTHORITY
IS LOCATED, EXCEPT THAT THIS
17 SUBPARAGRAPH SHALL NOT
APPLY TO INCINERATOR PLANTS, DAMS,
18 WATER SUPPLY WORKS,
WATER DISTRIBUTION SYSTEMS OR SEWAGE
19 TREATMENT PLANTS LOCATED
IN ANY COUNTY WHICH HAVE BEEN OR
20 WILL BE CONSTRUCTED
BY OR ACQUIRED BY THE AUTHORITY TO
21 PERFORM FUNCTIONS, THE
PRIMARY PURPOSES OF WHICH ARE
22 OTHER THAN THAT OF GENERATION
OF ELECTRIC POWER, FOR
23 WHICH THE AUTHORITY
HAS BEEN ORGANIZED.
24 (13) SWIMMING
POOLS, PLAYGROUNDS, LAKES AND LOW-HEAD
25 DAMS.
26 (14) HOSPITALS
AND HEALTH CENTERS.
27 (15) BUILDINGS
AND FACILITIES FOR PRIVATE, NONPROFIT,
28 NONSECTARIAN SECONDARY SCHOOLS, COLLEGES AND
UNIVERSITIES,
29 STATE-RELATED UNIVERSITIES AND COMMUNITY COLLEGES,
WHICH ARE
30 DETERMINED BY THE AUTHORITY TO BE ELIGIBLE EDUCATIONAL
20010S0780B1186
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1 INSTITUTIONS, PROVIDED THAT SUCH BUILDINGS AND
FACILITIES
2 SHALL HAVE BEEN APPROVED BY RESOLUTION OR ORDINANCE
ADOPTED
3 BY THE GOVERNING BODY OF THE MUNICIPALITY OR
MUNICIPALITIES
4 ORGANIZING THE AUTHORITY AND THAT THE APPROVAL
DOES NOT
5 OBLIGATE THE TAXING POWER OF THE GOVERNING BODY
IN ANY WAY.
6 (16) MOTOR BUSES
FOR PUBLIC USE, WHEN SUCH MOTOR BUSES
7 ARE TO BE USED WITHIN ANY MUNICIPALITY, AND SUBWAYS.
8 (17) INDUSTRIAL
DEVELOPMENT PROJECTS, INCLUDING, BUT NOT
9 LIMITED TO, PROJECTS TO RETAIN OR DEVELOP EXISTING
INDUSTRIES
10 AND THE DEVELOPMENT OF NEW INDUSTRIES, THE DEVELOPMENT
AND
11 ADMINISTRATION OF BUSINESS IMPROVEMENTS AND
ADMINISTRATIVE
12 SERVICES RELATED THERETO.
13 (B) LIMITATIONS.--THIS SECTION IS SUBJECT
TO THE FOLLOWING
14 LIMITATIONS:
15 (1) AN AUTHORITY
CREATED BY A SCHOOL DISTRICT OR SCHOOL
16 DISTRICTS SHALL HAVE THE POWER ONLY TO ACQUIRE,
HOLD,
17 CONSTRUCT, IMPROVE, MAINTAIN, OPERATE AND LEASE
PUBLIC SCHOOL
18 BUILDINGS AND OTHER SCHOOL PROJECTS ACQUIRED,
CONSTRUCTED OR
19 IMPROVED FOR PUBLIC SCHOOL PURPOSES.
20 (2) THE PURPOSE
AND INTENT OF THIS CHAPTER BEING TO
21 BENEFIT THE PEOPLE OF THE COMMONWEALTH BY, AMONG
OTHER
22 THINGS, INCREASING THEIR COMMERCE, HEALTH, SAFETY
AND
23 PROSPERITY, AND NOT TO UNNECESSARILY BURDEN
OR INTERFERE WITH
24 EXISTING BUSINESS BY THE ESTABLISHMENT OF COMPETITIVE
25 ENTERPRISES; NONE OF THE POWERS GRANTED BY THIS
CHAPTER SHALL
26 BE EXERCISED IN THE CONSTRUCTION, FINANCING,
IMPROVEMENT,
27 MAINTENANCE, EXTENSION OR OPERATION OF ANY PROJECT
OR
28 PROJECTS OR PROVIDING FINANCING FOR INSURANCE
RESERVES WHICH
29 IN WHOLE OR IN PART SHALL DUPLICATE OR COMPETE
WITH EXISTING
30 ENTERPRISES SERVING SUBSTANTIALLY THE SAME PURPOSES.
THIS
20010S0780B1186
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1 LIMITATION SHALL NOT APPLY TO THE EXERCISE OF
THE POWERS
2 GRANTED UNDER THIS SECTION:
3
(I) FOR FACILITIES AND EQUIPMENT FOR THE COLLECTION,
4 REMOVAL OR DISPOSAL OF
ASHES, GARBAGE, RUBBISH AND OTHER
5 REFUSE MATERIALS BY INCINERATION,
LANDFILL OR OTHER
6 METHODS, IF EACH MUNICIPALITY
ORGANIZING OR INTENDING TO
7 USE THE FACILITIES OF
AN AUTHORITY HAVING SUCH POWERS
8 SHALL DECLARE BY RESOLUTION
OR ORDINANCE THAT IT IS
9 DESIRABLE FOR THE HEALTH
AND SAFETY OF THE PEOPLE OF SUCH
10 MUNICIPALITY THAT IT
USE THE FACILITIES OF THE AUTHORITY
11 AND STATE IF ANY CONTRACT
BETWEEN SUCH MUNICIPALITY AND
12 ANY OTHER PERSON, FIRM
OR CORPORATION FOR THE COLLECTION,
13 REMOVAL OR DISPOSAL
OF ASHES, GARBAGE, RUBBISH AND OTHER
14 REFUSE MATERIAL HAS
BY ITS TERMS EXPIRED OR IS TERMINABLE
15 AT THE OPTION OF THE
MUNICIPALITY OR WILL EXPIRE WITHIN
16 SIX MONTHS FROM THE
DATE SUCH ORDINANCE BECOMES
17 EFFECTIVE;
18
(II) FOR INDUSTRIAL DEVELOPMENT PROJECTS IF THE
19 AUTHORITY DOES NOT DEVELOP
INDUSTRIAL PROJECTS WHICH WILL
20 COMPETE WITH EXISTING
INDUSTRIES;
21
(III) FOR AUTHORITIES CREATED FOR THE PURPOSE OF
22 PROVIDING BUSINESS IMPROVEMENTS
AND ADMINISTRATIVE
23 SERVICES IF EACH MUNICIPALITY
ORGANIZING AN AUTHORITY FOR
24 SUCH A PROJECT SHALL
DECLARE BY RESOLUTION OR ORDINANCE
25 THAT IT IS DESIRABLE
FOR THE ENTIRE LOCAL GOVERNMENT UNIT
26 TO IMPROVE THE BUSINESS
DISTRICT;
27
(IV) TO HOSPITAL PROJECTS OR HEALTH CENTERS TO BE
28 LEASED TO OR FINANCED
WITH LOANS TO PUBLIC HOSPITALS,
29 NONPROFIT CORPORATION
HEALTH CENTERS OR NONPROFIT
30 HOSPITAL CORPORATIONS
SERVING THE PUBLIC OR TO SCHOOL
20010S0780B1186
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1 BUILDING PROJECTS AND
FACILITIES TO BE LEASED TO OR
2 FINANCED WITH LOANS TO
PRIVATE, NONPROFIT, NONSECTARIAN
3 SECONDARY SCHOOLS, COLLEGES
AND UNIVERSITIES, STATE-
4 RELATED UNIVERSITIES
AND COMMUNITY COLLEGES, OR TO
5 FACILITIES, AS LIMITED
UNDER THE PROVISIONS OF THIS
6 SECTION, TO PRODUCE STEAM
OR TO GENERATE ELECTRIC POWER,
7 IF EACH MUNICIPALITY
ORGANIZING AN AUTHORITY FOR SUCH A
8 PROJECT SHALL DECLARE
BY RESOLUTION OR ORDINANCE THAT IT
9 IS DESIRABLE FOR THE
HEALTH, SAFETY AND WELFARE OF THE
10 PEOPLE IN THE AREA SERVED
BY SUCH FACILITIES TO HAVE SUCH
11 FACILITIES PROVIDED
BY OR FINANCED THROUGH AN AUTHORITY;
12
(V) TO PROVIDE FINANCING FOR INSURANCE RESERVES IF
13 EACH MUNICIPALITY OR
AUTHORITY INTENDING TO USE ANY
14 PROCEEDS THEREOF SHALL
DECLARE BY RESOLUTION OR ORDINANCE
15 THAT IT IS DESIRABLE
FOR THE HEALTH, SAFETY AND WELFARE
16 OF THE PEOPLE IN SUCH
LOCAL GOVERNMENT UNIT OR SERVED BY
17 SUCH AUTHORITY; OR
18
(VI) TO PROJECTS FOR FINANCING WORKING CAPITAL.
19 (3) IT IS THE
INTENT OF THIS CHAPTER IN SPECIFYING AND
20 DEFINING THE AUTHORIZED PURPOSES AND PROJECTS
OF AN AUTHORITY
21 TO PERMIT THE AUTHORITY TO BENEFIT THE PEOPLE
OF THIS
22 COMMONWEALTH BY, AMONG OTHER THINGS, INCREASING
THEIR
23 COMMERCE, HEALTH, SAFETY AND PROSPERITY WHILE
NOT
24 UNNECESSARILY BURDENING OR INTERFERING WITH
ANY MUNICIPALITY
25 WHICH HAS NOT INCORPORATED OR JOINED THAT AUTHORITY.
26 THEREFORE, NOTWITHSTANDING ANY OTHER PROVISIONS
OF THIS
27 CHAPTER, AN AUTHORITY SHALL NOT HAVE AS ITS
PURPOSE AND SHALL
28 NOT UNDERTAKE AS A PROJECT SOLELY FOR REVENUE-PRODUCING
29 PURPOSES THE ACQUIRING OF BUILDINGS, FACILITIES
OR TRACTS OF
30 LAND WHICH, IN THE CASE OF AN AUTHORITY INCORPORATED
OR
20010S0780B1186
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1 JOINED BY A COUNTY OR COUNTIES, ARE LOCATED EITHER
WITHIN OR
2 OUTSIDE THE BOUNDARIES OF THE COUNTY OR COUNTIES
AND, IN THE
3 CASE OF ALL OTHER AUTHORITIES, ARE LOCATED OUTSIDE
THE
4 BOUNDARIES OF THE MUNICIPALITY OR MUNICIPALITIES
THAT
5 INCORPORATED OR JOINED THE AUTHORITY, UNLESS
EITHER:
6
(I) THE GOVERNING BODY OF EACH MUNICIPALITY IN WHICH
7 THE PROJECT WILL BE UNDERTAKEN
HAS BY RESOLUTION
8 EVIDENCED ITS APPROVAL;
OR
9
(II) IN CASES WHERE THE PROPERTY ACQUIRED IS NOT
10 SUBJECT TO TAX ABATEMENT,
THE AUTHORITY COVENANTS AND
11 AGREES WITH EACH MUNICIPALITY
IN WHICH THE AUTHORITY WILL
12 ACQUIRE REAL PROPERTY
AS PART OF THE PROJECT EITHER TO
13 MAKE ANNUAL PAYMENTS
IN LIEU OF REAL ESTATE TAXES AND
14 SPECIAL ASSESSMENTS
FOR AMOUNTS AND TIME PERIODS
15 SPECIFIED IN THE AGREEMENT
OR TO PAY ANNUALLY THE AMOUNT
16 OF REAL ESTATE TAXES
AND SPECIAL ASSESSMENTS WHICH WOULD
17 BE PAYABLE IF THE REAL
PROPERTY SO ACQUIRED WERE FULLY
18 TAXABLE AND SUBJECT
TO SPECIAL ASSESSMENTS.
19 (C) EFFECT OF SPECIFICITY.--THE MUNICIPALITY
OR
20 MUNICIPALITIES ORGANIZING SUCH AN AUTHORITY MAY, IN THE
21 RESOLUTION OR ORDINANCE SIGNIFYING THEIR INTENTION SO TO DO, OR
22 FROM TIME TO TIME BY SUBSEQUENT RESOLUTION OR ORDINANCE, SPECIFY
23 THE PROJECT OR PROJECTS TO BE UNDERTAKEN BY THE AUTHORITY, AND
24 NO OTHER PROJECTS SHALL BE UNDERTAKEN BY THE AUTHORITY THAN
25 THOSE SO SPECIFIED. IF THE MUNICIPAL AUTHORITIES ORGANIZING AN
26 AUTHORITY FAIL TO SPECIFY THE PROJECT OR PROJECTS TO BE
27 UNDERTAKEN, THEN THE AUTHORITY SHALL BE DEEMED TO HAVE ALL THE
28 POWERS GRANTED BY THIS CHAPTER.
29 (D) POWERS.--EVERY AUTHORITY MAY EXERCISE
ALL POWERS
30 NECESSARY OR CONVENIENT FOR THE CARRYING OUT OF THE PURPOSES SET
20010S0780B1186
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1 FORTH IN THIS SECTION, INCLUDING, BUT WITHOUT LIMITING THE
2 GENERALITY OF THE FOREGOING, THE FOLLOWING RIGHTS AND POWERS:
3 (1) TO HAVE EXISTENCE
FOR A TERM OF 50 YEARS AND FOR
4 SUCH FURTHER PERIOD OR PERIODS AS MAY BE PROVIDED
IN ARTICLES
5 OF AMENDMENT APPROVED UNDER SECTION 5605(E) (RELATING
TO
6 AMENDMENT OF ARTICLES).
7 (2) TO SUE AND
BE SUED, IMPLEAD AND BE IMPLEADED,
8 COMPLAIN AND DEFEND IN ALL COURTS.
9 (3) TO ADOPT, USE
AND ALTER AT WILL, A CORPORATE SEAL.
10 (4) TO ACQUIRE,
PURCHASE, HOLD, LEASE AS LESSEE AND USE
11 ANY FRANCHISE, PROPERTY, REAL, PERSONAL OR MIXED,
TANGIBLE OR
12 INTANGIBLE, OR ANY INTEREST THEREIN NECESSARY
OR DESIRABLE
13 FOR CARRYING OUT THE PURPOSES OF THE AUTHORITY,
AND TO SELL,
14 LEASE AS LESSOR, TRANSFER AND DISPOSE OF ANY
PROPERTY OR
15 INTEREST THEREIN AT ANY TIME ACQUIRED BY IT.
16 (5) TO ACQUIRE
BY PURCHASE, LEASE OR OTHERWISE AND TO
17 CONSTRUCT, IMPROVE, MAINTAIN, REPAIR AND OPERATE
PROJECTS.
18 (6) TO FINANCE
PROJECTS BY MAKING LOANS, WHICH MAY BE
19 EVIDENCED BY AND SECURED AS MAY BE PROVIDED
IN LOAN
20 AGREEMENTS, MORTGAGES, SECURITY AGREEMENTS OR
ANY OTHER
21 CONTRACTS, INSTRUMENTS OR AGREEMENTS, WHICH
CONTRACTS,
22 INSTRUMENTS OR AGREEMENTS MAY CONTAIN SUCH PROVISIONS
AS THE
23 AUTHORITY SHALL DEEM NECESSARY OR DESIRABLE
FOR THE SECURITY
24 OR PROTECTION OF THE AUTHORITY OR ITS BONDHOLDERS.
25 (7) TO MAKE BYLAWS
FOR THE MANAGEMENT AND REGULATION OF
26 ITS AFFAIRS.
27 (8) TO APPOINT
OFFICERS, AGENTS, EMPLOYEES AND SERVANTS,
28 TO PRESCRIBE THEIR DUTIES AND TO FIX THEIR COMPENSATION.
29 (9) TO FIX, ALTER,
CHARGE AND COLLECT RATES AND OTHER
30 CHARGES IN THE AREA SERVED BY ITS FACILITIES
AT REASONABLE
20010S0780B1186
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1 AND UNIFORM RATES TO BE DETERMINED EXCLUSIVELY
BY IT, FOR THE
2 PURPOSE OF PROVIDING FOR THE PAYMENT OF THE EXPENSES
OF THE
3 AUTHORITY, THE CONSTRUCTION, IMPROVEMENT, REPAIR,
MAINTENANCE
4 AND OPERATION OF ITS FACILITIES AND PROPERTIES,
AND, IN THE
5 CASE OF AN AUTHORITY CREATED FOR THE PURPOSE
OF MAKING
6 BUSINESS IMPROVEMENTS OR PROVIDING ADMINISTRATIVE
SERVICES, A
7 CHARGE FOR SUCH SERVICES WHICH IS TO BE BASED
ON ACTUAL
8 BENEFITS AND WHICH MAY BE MEASURED ON, AMONG
OTHER THINGS,
9 GROSS SALES OR GROSS OR NET PROFITS, THE PAYMENT
OF THE
10 PRINCIPAL OF AND INTEREST ON ITS OBLIGATIONS,
AND TO FULFILL
11 THE TERMS AND PROVISIONS OF ANY AGREEMENTS MADE
WITH THE
12 PURCHASERS OR HOLDERS OF ANY SUCH OBLIGATIONS,
OR WITH A
13 MUNICIPALITY SERVED OR TO BE SERVED BY THE AUTHORITY
AND TO
14 DETERMINE BY ITSELF EXCLUSIVELY THE SERVICES
AND IMPROVEMENTS
15 REQUIRED TO PROVIDE ADEQUATE, SAFE AND REASONABLE
SERVICE,
16 INCLUDING EXTENSIONS THEREOF, IN THE AREAS SERVED.
IF THE
17 SERVICE AREA INCLUDES MORE THAN ONE MUNICIPALITY,
THE
18 REVENUES FROM ANY PROJECT SHALL NOT BE EXPENDED
DIRECTLY OR
19 INDIRECTLY ON ANY OTHER PROJECT UNLESS SUCH
EXPENDITURES ARE
20 MADE FOR THE BENEFIT OF THE ENTIRE SERVICE AREA.
ANY PERSON
21 QUESTIONING THE REASONABLENESS OR UNIFORMITY
OF A RATE FIXED
22 BY AN AUTHORITY OR THE ADEQUACY, SAFETY AND
REASONABLENESS OF
23 THE AUTHORITY'S SERVICES, INCLUDING EXTENSIONS
THEREOF, MAY
24 BRING SUIT AGAINST THE AUTHORITY IN THE COURT
OF COMMON PLEAS
25 OF THE COUNTY WHERE THE PROJECT IS LOCATED OR,
IF THE PROJECT
26 IS LOCATED IN MORE THAN ONE COUNTY, IN THE COURT
OF COMMON
27 PLEAS OF THE COUNTY WHERE THE PRINCIPAL OFFICE
OF THE PROJECT
28 IS LOCATED. THE COURT OF COMMON PLEAS SHALL
HAVE EXCLUSIVE
29 JURISDICTION TO DETERMINE QUESTIONS INVOLVING
RATES OR
30 SERVICE. EXCEPT IN MUNICIPAL CORPORATIONS HAVING
A POPULATION
20010S0780B1186
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1 DENSITY OF 300 PERSONS OR MORE PER SQUARE MILE,
ALL OWNERS OF
2 REAL PROPERTY IN EIGHTH CLASS COUNTIES MAY DECLINE
IN WRITING
3 THE SERVICES OF A SOLID WASTE AUTHORITY.
4 (10) IN THE CASE
OF AN AUTHORITY WHICH HAS AGREED TO
5 PROVIDE WATER SERVICE THROUGH A SEPARATE METER
AND SEPARATE
6 SERVICE LINE TO A RESIDENTIAL DWELLING UNIT IN
WHICH THE
7 OWNER DOES NOT RESIDE, TO ENFORCE THE OWNER'S
DUTY TO PAY A
8 TENANT'S BILL FOR SERVICE RENDERED TO THE TENANT
BY THE
9 AUTHORITY ONLY IF THE AUTHORITY NOTIFIES THE
OWNER AND THE
10 TENANT WITHIN 30 DAYS AFTER THE BILL FIRST BECOMES
OVERDUE.
11 NOTIFICATION SHALL BE PROVIDED BY FIRST CLASS
MAIL TO THE
12 ADDRESS OF THE OWNER PROVIDED TO THE AUTHORITY
BY THE OWNER
13 AND TO THE BILLING ADDRESS OF THE TENANT, RESPECTIVELY.
14 NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED
TO REQUIRE AN
15 AUTHORITY TO TERMINATE SERVICE TO A TENANT,
AND THE OWNER
16 SHALL NOT BE LIABLE FOR ANY SERVICE WHICH THE
AUTHORITY
17 PROVIDES TO THE TENANT 90 OR MORE DAYS AFTER
THE TENANT'S
18 BILL FIRST BECOMES DUE UNLESS THE AUTHORITY
HAS BEEN
19 PREVENTED BY COURT ORDER FROM TERMINATING SERVICE
TO THAT
20 TENANT.
21 (11) IN THE CASE
OF AN AUTHORITY WHICH HAS AGREED TO
22 PROVIDE SEWER SERVICE TO A RESIDENTIAL DWELLING
UNIT IN WHICH
23 THE OWNER DOES NOT RESIDE, TO ENFORCE THE OWNER'S
DUTY TO PAY
24 A TENANT'S BILL FOR SERVICE RENDERED BY THE
AUTHORITY TO THE
25 TENANT. THE AUTHORITY SHALL NOTIFY THE OWNER
AND THE TENANT
26 WITHIN 30 DAYS AFTER THE TENANT'S BILL FOR THAT
SERVICE FIRST
27 BECOMES OVERDUE. NOTIFICATION SHALL BE PROVIDED
BY FIRST
28 CLASS MAIL TO THE ADDRESS OF THE OWNER PROVIDED
TO THE
29 AUTHORITY BY THE OWNER AND TO THE BILLING ADDRESS
OF THE
30 TENANT, RESPECTIVELY. NOTHING IN THIS PARAGRAPH
SHALL BE
20010S0780B1186
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1 CONSTRUED TO RELIEVE THE OWNER OF LIABILITY FOR
SUCH SERVICE
2 UNLESS THE AUTHORITY FAILS TO PROVIDE THE NOTICE
REQUIRED IN
3 THIS PARAGRAPH.
4 (12) TO BORROW
MONEY, MAKE AND ISSUE NEGOTIABLE NOTES,
5 BONDS, REFUNDING BONDS AND OTHER EVIDENCES OF
INDEBTEDNESS OR
6 OBLIGATIONS, HEREINAFTER CALLED BONDS, OF THE
AUTHORITY.
7 BONDS SHALL HAVE A MATURITY DATE NOT LONGER THAN
40 YEARS
8 FROM THE DATE OF ISSUE, EXCEPT THAT NO REFUNDING
BONDS SHALL
9 HAVE A MATURITY DATE LATER THAN THE LIFE OF THE
AUTHORITY;
10 ALSO, TO SECURE THE PAYMENT OF THE BONDS OR
ANY PART THEREOF
11 BY PLEDGE OR DEED OF TRUST OF ALL OR ANY OF
ITS REVENUES AND
12 RECEIPTS; TO MAKE AGREEMENTS WITH THE PURCHASERS
OR HOLDERS
13 OF THE BONDS, OR WITH OTHERS IN CONNECTION WITH
ANY BONDS,
14 WHETHER ISSUED OR TO BE ISSUED, AS THE AUTHORITY
SHALL DEEM
15 ADVISABLE; AND IN GENERAL TO PROVIDE FOR THE
SECURITY FOR THE
16 BONDS AND THE RIGHTS OF THE BONDHOLDERS. IN
RESPECT TO ANY
17 PROJECT CONSTRUCTED AND OPERATED UNDER AGREEMENT
WITH ANY
18 AUTHORITY OR ANY PUBLIC AUTHORITY OF ANY ADJOINING
STATE, TO
19 BORROW MONEY AND ISSUE NOTES, BONDS AND OTHER
EVIDENCES OF
20 INDEBTEDNESS AND OBLIGATIONS JOINTLY WITH THAT
AUTHORITY.
21 NOTWITHSTANDING ANY OF THE FOREGOING, NO AUTHORITY
SHALL
22 BORROW MONEY ON OBLIGATIONS TO BE PAID PRIMARILY
OUT OF LEASE
23 RENTALS OR OTHER CURRENT REVENUES OTHER THAN
CHARGES MADE TO
24 THE PUBLIC FOR THE USE OF THE CAPITAL PROJECTS
FINANCED IF
25 THE NET DEBT OF THE LESSEE MUNICIPALITY OR MUNICIPALITIES
26 SHALL EXCEED ANY LIMIT PROVIDED BY ANY LAW OF
THE
27 COMMONWEALTH.
28 (13) TO MAKE CONTRACTS
OF EVERY NAME AND NATURE AND TO
29 EXECUTE ALL INSTRUMENTS NECESSARY OR CONVENIENT
FOR THE
30 CARRYING ON OF ITS BUSINESS.
20010S0780B1186
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1 (14) WITHOUT LIMITATION
OF THE FOREGOING, TO BORROW
2 MONEY AND ACCEPT GRANTS FROM AND TO ENTER INTO
CONTRACTS,
3 LEASES OR OTHER TRANSACTIONS WITH ANY FEDERAL
AGENCY, THE
4 COMMONWEALTH OR A MUNICIPALITY, SCHOOL DISTRICT,
CORPORATION
5 OR AUTHORITY.
6 (15) TO HAVE THE
POWER OF EMINENT DOMAIN.
7 (16) TO PLEDGE,
HYPOTHECATE OR OTHERWISE ENCUMBER ALL OR
8 ANY OF THE REVENUES OR RECEIPTS OF THE AUTHORITY
AS SECURITY
9 FOR ALL OR ANY OF THE OBLIGATIONS OF THE AUTHORITY.
10 (17) TO DO ALL
ACTS AND THINGS NECESSARY OR CONVENIENT
11 FOR THE PROMOTION OF ITS BUSINESS AND THE GENERAL
WELFARE OF
12 THE AUTHORITY TO CARRY OUT THE POWERS GRANTED
TO IT BY THIS
13 CHAPTER OR OTHER LAW.
14 (18) TO CONTRACT
WITH ANY MUNICIPALITY, CORPORATION OR A
15 PUBLIC AUTHORITY OF THIS AND AN ADJOINING STATE,
ON TERMS AS
16 THE AUTHORITY SHALL DEEM PROPER, FOR THE CONSTRUCTION
AND
17 OPERATION OF ANY PROJECT WHICH IS PARTLY IN
THIS COMMONWEALTH
18 AND PARTLY IN THE ADJOINING STATE.
19 (19) TO ENTER
INTO CONTRACTS TO SUPPLY WATER AND OTHER
20 SERVICES TO AND FOR MUNICIPALITIES THAT ARE
NOT MEMBERS OF
21 THE AUTHORITY, OR TO AND FOR THE COMMONWEALTH,
22 MUNICIPALITIES, SCHOOL DISTRICTS, PERSONS OR
AUTHORITIES, AND
23 FIX THE AMOUNT TO BE PAID THEREFOR.
24 (20) (I)
TO MAKE CONTRACTS OF INSURANCE WITH AN
25 INSURANCE COMPANY, ASSOCIATION
OR EXCHANGE AUTHORIZED TO
26 TRANSACT BUSINESS IN
THIS COMMONWEALTH, INSURING ITS
27 EMPLOYEES AND APPOINTED
OFFICERS AND OFFICIALS UNDER A
28 POLICY OR POLICIES OF
INSURANCE COVERING LIFE, ACCIDENTAL
29 DEATH AND DISMEMBERMENT
AND DISABILITY INCOME. STATUTORY
30 REQUIREMENTS FOR SUCH
INSURANCE, INCLUDING, BUT NOT
20010S0780B1186
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1 LIMITED TO, REQUISITE
NUMBER OF ELIGIBLE EMPLOYEES,
2 APPOINTED OFFICERS AND
OFFICIALS, AS PROVIDED FOR IN
3 SECTION 621.2 OF THE
ACT OF MAY 17, 1921 (P.L.682,
4 NO.284), KNOWN AS THE
INSURANCE COMPANY LAW OF 1921, AND
5 SECTIONS 1, 2, 6, 7 AND
9 OF THE ACT OF MAY 11, 1949
6 (P.L.1210, NO.367), KNOWN
AS THE GROUP LIFE INSURANCE
7 POLICY LAW, SHALL BE
MET.
8
(II) TO MAKE CONTRACTS WITH AN INSURANCE COMPANY,
9 ASSOCIATION OR EXCHANGE
OR ANY HOSPITAL PLAN CORPORATION
10 OR PROFESSIONAL HEALTH
SERVICE CORPORATION AUTHORIZED TO
11 TRANSACT BUSINESS IN
THIS COMMONWEALTH, INSURING OR
12 COVERING ITS EMPLOYEES
AND THEIR DEPENDENTS, BUT NOT ITS
13 APPOINTED OFFICERS AND
OFFICIALS NOR THEIR DEPENDENTS,
14 FOR HOSPITAL AND MEDICAL
BENEFITS; AND TO CONTRACT FOR
15 ITS EMPLOYEES, BUT NOT
ITS APPOINTED OFFICERS AND
16 OFFICIALS, WITH AN INSURANCE
COMPANY, ASSOCIATION OR
17 EXCHANGE AUTHORIZED
TO TRANSACT BUSINESS IN THIS
18 COMMONWEALTH GRANTING
ANNUITIES OR TO ESTABLISH,
19 MAINTAIN, OPERATE AND
ADMINISTER ITS OWN PENSION PLAN
20 COVERING ITS EMPLOYEES,
BUT NOT ITS APPOINTED OFFICERS
21 AND OFFICIALS.
22
(III) FOR THE PURPOSES SET FORTH UNDER THIS
23 PARAGRAPH, TO AGREE
TO PAY PART OR ALL OF THE COST OF
24 THIS INSURANCE, INCLUDING
THE PREMIUMS OR CHARGES FOR
25 CARRYING THESE CONTRACTS,
AND TO APPROPRIATE OUT OF ITS
26 TREASURY ANY MONEY NECESSARY
TO PAY SUCH COSTS, PREMIUMS
27 OR CHARGES. THE PROPER
OFFICERS OF THE AUTHORITY WHO ARE
28 AUTHORIZED TO ENTER
INTO SUCH CONTRACTS ARE AUTHORIZED,
29 ENABLED AND PERMITTED
TO DEDUCT FROM THE OFFICERS' OR
30 EMPLOYEES' PAY, SALARY
OR COMPENSATION THAT PART OF THE
20010S0780B1186
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1 PREMIUM OR COST WHICH
IS PAYABLE BY THE OFFICER OR
2 EMPLOYEE AND AS MAY BE
SO AUTHORIZED BY THE OFFICER OR
3 EMPLOYEE IN WRITING.
4 (21) TO CHARGE
THE COST OF CONSTRUCTION OF ANY SEWER OR
5 WATER MAIN CONSTRUCTED BY THE AUTHORITY AGAINST
THE
6 PROPERTIES BENEFITED, IMPROVED OR ACCOMMODATED
THEREBY TO THE
7 EXTENT OF SUCH BENEFITS. THESE BENEFITS SHALL
BE ASSESSED IN
8 THE MANNER PROVIDED UNDER THIS CHAPTER FOR THE
EXERCISE OF
9 THE RIGHT OF EMINENT DOMAIN.
10 (22) TO CHARGE
THE COST OF CONSTRUCTION OF A SEWER OR
11 WATER MAIN CONSTRUCTED BY THE AUTHORITY AGAINST
THE
12 PROPERTIES BENEFITED, IMPROVED OR ACCOMMODATED
BY THE
13 CONSTRUCTION ACCORDING TO THE FOOT FRONT RULE.
CHARGES SHALL
14 BE BASED UPON THE FOOT FRONTAGE OF THE PROPERTIES
BENEFITED
15 AND SHALL BE A LIEN AGAINST PROPERTIES. CHARGES
MAY BE
16 ASSESSED AND COLLECTED AND LIENS MAY BE ENFORCED
IN THE
17 MANNER PROVIDED BY LAW FOR THE ASSESSMENT AND
COLLECTION OF
18 CHARGES AND THE ENFORCEMENT OF LIENS OF THE
MUNICIPALITY IN
19 WHICH SUCH AUTHORITY IS LOCATED. NO CHARGE SHALL
BE ASSESSED
20 UNLESS PRIOR TO THE CONSTRUCTION OF A SEWER
OR WATER MAIN THE
21 AUTHORITY SUBMITTED THE PLAN OF CONSTRUCTION
AND ESTIMATED
22 COST TO THE MUNICIPALITY IN WHICH THE PROJECT
IS TO BE
23 UNDERTAKEN, AND THE MUNICIPALITY APPROVED IT.
THE PROPERTIES
24 BENEFITED, IMPROVED OR ACCOMMODATED BY THE CONSTRUCTION
MAY
25 NOT BE CHARGED AN AGGREGATE AMOUNT IN EXCESS
OF THE APPROVED
26 ESTIMATED COST.
27 (23) TO REQUIRE
THE POSTING OF FINANCIAL SECURITY TO
28 INSURE THE COMPLETION, IN ACCORDANCE WITH THE
APPROVED PLAT
29 AND WITH THE RULES AND REGULATIONS OF THE AUTHORITY,
OF ANY
30 WATER MAINS OR SANITARY SEWER LINES, OR BOTH,
AND RELATED
20010S0780B1186
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1 APPARATUS AND FACILITIES, REQUIRED TO BE INSTALLED
BY OR ON
2 BEHALF OF A DEVELOPER UNDER AN APPROVED LAND
DEVELOPMENT OR
3 SUBDIVISION PLAT AS THESE TERMS ARE DEFINED UNDER
THE ACT OF
4 JULY 31, 1968 (P.L.805, NO.247), KNOWN AS THE
PENNSYLVANIA
5 MUNICIPALITIES PLANNING CODE. IF FINANCIAL SECURITY
IS
6 REQUIRED BY THE AUTHORITY, AND WITHOUT LIMITATION
AS TO OTHER
7 TYPES OF FINANCIAL SECURITY WHICH THE AUTHORITY
MAY APPROVE,
8 WHICH APPROVAL SHALL NOT BE UNREASONABLY WITHHELD,
FEDERALLY
9 CHARTERED OR COMMONWEALTH-CHARTERED LENDING INSTITUTION
10 IRREVOCABLE LETTERS OF CREDIT AND RESTRICTIVE
OR ESCROW
11 ACCOUNTS IN THESE LENDING INSTITUTIONS SHALL
BE DEEMED
12 ACCEPTABLE FINANCIAL SECURITY. FINANCIAL SECURITY
SHALL BE
13 POSTED WITH A BONDING COMPANY OR FEDERALLY CHARTERED
OR
14 COMMONWEALTH-CHARTERED LENDING INSTITUTION CHOSEN
BY THE
15 PARTY POSTING THE FINANCIAL SECURITY, IF THE
BONDING COMPANY
16 OR LENDING INSTITUTION IS AUTHORIZED TO CONDUCT
BUSINESS
17 WITHIN THIS COMMONWEALTH. THE BOND OR OTHER
SECURITY SHALL
18 PROVIDE FOR AND SECURE TO THE AUTHORITY THE
COMPLETION OF
19 REQUIRED IMPROVEMENTS WITHIN ONE YEAR FROM THE
DATE OF
20 POSTING OF THE SECURITY. THE AMOUNT OF FINANCIAL
SECURITY
21 SHALL BE EQUAL TO 110% OF THE COST OF THE REQUIRED
22 IMPROVEMENTS FOR WHICH FINANCIAL SECURITY IS
TO BE POSTED.
23 THE COST OF REQUIRED IMPROVEMENTS SHALL BE ESTABLISHED
BY
24 SUBMITTING TO THE AUTHORITY A BONA FIDE BID
FROM A CONTRACTOR
25 CHOSEN BY THE PARTY POSTING THE FINANCIAL SECURITY.
IN THE
26 ABSENCE OF A BONA FIDE BID, THE COST SHALL BE
ESTABLISHED BY
27 AN ESTIMATE PREPARED BY THE AUTHORITY'S ENGINEER.
IF THE
28 PARTY POSTING THE FINANCIAL SECURITY REQUIRES
MORE THAN ONE
29 YEAR FROM THE DATE OF POSTING THE FINANCIAL
SECURITY TO
30 COMPLETE THE REQUIRED IMPROVEMENTS, THE AMOUNT
OF FINANCIAL
20010S0780B1186
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1 SECURITY MAY BE INCREASED BY AN ADDITIONAL 10%
FOR EACH ONE-
2 YEAR PERIOD BEYOND THE FIRST ANNIVERSARY DATE
FROM THE
3 INITIAL POSTING DATE OR TO 110% OF THE COST OF
COMPLETING THE
4 REQUIRED IMPROVEMENTS AS REESTABLISHED ON OR
ABOUT THE
5 EXPIRATION OF THE PRECEDING ONE-YEAR PERIOD BY
USING THE
6 ABOVE BIDDING PROCEDURE. AS THE WORK OF INSTALLING
THE
7 REQUIRED IMPROVEMENTS PROCEEDS, THE PARTY POSTING
THE
8 FINANCIAL SECURITY MAY REQUEST THE AUTHORITY
TO RELEASE OR
9 AUTHORIZE THE RELEASE OF, FROM TIME TO TIME,
PORTIONS OF THE
10 FINANCIAL SECURITY NECESSARY TO PAY THE CONTRACTOR
PERFORMING
11 THE WORK. RELEASE REQUESTS SHALL BE IN WRITING
ADDRESSED TO
12 THE AUTHORITY, AND THE AUTHORITY SHALL HAVE
45 DAYS AFTER
13 RECEIVING A REQUEST TO ASCERTAIN FROM THE AUTHORITY
ENGINEER,
14 CERTIFIED IN WRITING, THAT THE PORTION OF THE
WORK HAS BEEN
15 COMPLETED IN ACCORDANCE WITH THE APPROVED PLAT.
UPON
16 RECEIVING WRITTEN CERTIFICATION, THE AUTHORITY
SHALL
17 AUTHORIZE RELEASE BY THE BONDING COMPANY OR
LENDING
18 INSTITUTION AN AMOUNT ESTIMATED BY THE AUTHORITY
ENGINEER TO
19 FAIRLY REPRESENT THE VALUE OF THE IMPROVEMENTS
COMPLETED. IF
20 THE AUTHORITY FAILS TO ACT WITHIN THE 45-DAY
PERIOD, IT SHALL
21 BE DEEMED TO HAVE APPROVED THE REQUESTED RELEASE
OF FUNDS.
22 THE AUTHORITY MAY, PRIOR TO FINAL RELEASE AT
THE TIME OF
23 COMPLETION AND CERTIFICATION BY ITS ENGINEER,
REQUIRE
24 RETENTION OF 10% OF THE ESTIMATED COST OF IMPROVEMENTS.
IF
25 THE AUTHORITY ACCEPTS DEDICATION OF ALL OR SOME
OF THE
26 REQUIRED IMPROVEMENTS FOLLOWING COMPLETION,
IT MAY REQUIRE
27 THE POSTING OF FINANCIAL SECURITY TO SECURE
STRUCTURAL
28 INTEGRITY OF THE IMPROVEMENTS, AS WELL AS THE
FUNCTIONING OF
29 THE IMPROVEMENTS IN ACCORDANCE WITH THE DESIGN
AND
30 SPECIFICATIONS AS DEPICTED ON THE FINAL PLAT.
THIS FINANCIAL
20010S0780B1186
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1 SECURITY MAY EXPIRE 18 MONTHS FROM THE DATE OF
ACCEPTANCE OF
2 DEDICATION AND SHALL BE OF THE SAME TYPE AS SET
FORTH IN THIS
3 PARAGRAPH WITH REGARD TO THAT WHICH IS REQUIRED
FOR
4 INSTALLATION OF THE IMPROVEMENTS, EXCEPT THAT
IT SHALL NOT
5 EXCEED 15% OF THE ACTUAL COST OF INSTALLATION
OF THE
6 IMPROVEMENTS. ANY INCONSISTENT ORDINANCE, RESOLUTION
OR
7 STATUTE INCONSISTENT IS NULL AND VOID.
8 (24) TO CHARGE
ENUMERATED FEES TO PROPERTY OWNERS WHO
9 DESIRE TO OR ARE REQUIRED TO CONNECT TO THE AUTHORITY'S
SEWER
10 OR WATER SYSTEM. FEES SHALL BE BASED UPON THE
DULY ADOPTED
11 FEE SCHEDULE WHICH IS IN EFFECT AT THE TIME
OF PAYMENT AND
12 SHALL BE PAYABLE AT THE TIME OF APPLICATION
FOR CONNECTION OR
13 AT A TIME TO WHICH THE PROPERTY OWNER AND THE
AUTHORITY
14 AGREE. IN THE CASE OF PROJECTS TO SERVE EXISTING
DEVELOPMENT,
15 FEES SHALL BE PAYABLE AT A TIME TO BE DETERMINED
BY THE
16 AUTHORITY. AN AUTHORITY MAY REQUIRE THAT NO
CAPACITY BE
17 GUARANTEED FOR A PROPERTY OWNER UNTIL THE TAPPING
FEES HAVE
18 BEEN PAID OR SECURED BY OTHER FINANCIAL SECURITY.
THE FEES
19 SHALL BE IN ADDITION TO ANY CHARGES ASSESSED
AGAINST THE
20 PROPERTY IN THE CONSTRUCTION OF A SEWER OR WATER
MAIN BY THE
21 AUTHORITY UNDER PARAGRAPHS (21) AND (22) AS
WELL AS ANY OTHER
22 USER CHARGES IMPOSED BY THE AUTHORITY UNDER
PARAGRAPH (9) BUT
23 SHALL NOT INCLUDE COSTS INCLUDED IN THE CALCULATION
OF SUCH
24 FEES.
25
(I) THE FEES MAY INCLUDE ANY OF THE FOLLOWING FEE
26 COMPONENTS, IF THEY
ARE SEPARATELY SET FORTH IN A
27 RESOLUTION ADOPTED BY
THE AUTHORITY TO ESTABLISH THESE
28 FEES:
29
(A) CONNECTION FEE. IT MAY NOT EXCEED AN AMOUNT
30
BASED UPON THE ACTUAL COST OF THE CONNECTION OF THE
20010S0780B1186
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1
PROPERTY EXTENDING FROM THE AUTHORITY'S MAIN TO THE
2
PROPERTY LINE OR CURB STOP OF THE PROPERTY CONNECTED.
3
THE AUTHORITY MAY ALSO BASE THE CONNECTION FEE UPON
4
AN AVERAGE COST FOR PREVIOUSLY INSTALLED CONNECTIONS
5
OF SIMILAR TYPE AND SIZE. IN LIEU OF PAYMENT OF THE
6
FEES, AN AUTHORITY MAY REQUIRE THE CONSTRUCTION AND
7
DEDICATION OF THOSE FACILITIES BY THE PROPERTY OWNER
8
WHO REQUESTED THE CONNECTION.
9
(B) CUSTOMER FACILITIES FEE. IT MAY NOT EXCEED
10
AN AMOUNT BASED UPON THE ACTUAL COST OF FACILITIES
11
SERVING THE CONNECTED PROPERTY FROM THE PROPERTY LINE
12
OR CURB STOP TO THE PROPOSED DWELLING OR BUILDING TO
13
BE SERVED. THE FEE SHALL BE CHARGEABLE ONLY IF THE
14
AUTHORITY INSTALLS THE CUSTOMER FACILITIES. IN LIEU
15
OF PAYMENT OF THE CUSTOMER FACILITIES FEE, AN
16
AUTHORITY MAY REQUIRE THE CONSTRUCTION OF THOSE
17
FACILITIES BY THE PROPERTY OWNER WHO REQUESTS
18
CUSTOMER FACILITIES. IN THE CASE OF WATER SERVICE,
19
THE FEE MAY INCLUDE THE COST OF A WATER METER
20
INSTALLATION IF THE AUTHORITY PROVIDES OR INSTALLS
21
THE WATER METER. IF THE PROPERTY CONNECTED OR TO BE
22
CONNECTED WITH THE SEWER SYSTEM OF THE AUTHORITY IS
23
NOT EQUIPPED WITH A WATER METER, THE AUTHORITY MAY
24
INSTALL A METER AT ITS OWN COST AND EXPENSE. IF THE
25
PROPERTY IS SUPPLIED WITH WATER FROM THE FACILITIES
26
OF A PUBLIC WATER SUPPLY AGENCY, THE AUTHORITY SHALL
27
NOT INSTALL A METER WITHOUT THE CONSENT AND APPROVAL
28
OF THE PUBLIC WATER SUPPLY AGENCY.
29
(C) TAPPING FEE. IT MAY NOT EXCEED AN AMOUNT
30
BASED UPON SOME OR ALL OF THE FOLLOWING FEE
20010S0780B1186
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1
COMPONENTS, IF THEY ARE SEPARATELY SET FORTH IN THE
2
RESOLUTION ADOPTED BY THE AUTHORITY TO ESTABLISH
3
THESE FEES. IN LIEU OF PAYMENT OF THIS FEE, AN
4
AUTHORITY MAY REQUIRE THE CONSTRUCTION AND DEDICATION
5
OF ONLY SUCH CAPACITY, DISTRIBUTION-COLLECTION OR
6
SPECIAL PURPOSE FACILITIES NECESSARY TO SUPPLY
7
SERVICE TO THE PROPERTY OWNER OR OWNERS.
8
(I) CAPACITY PART. THE FEE MAY NOT EXCEED AN
9
AMOUNT THAT IS BASED UPON THE COST OF CAPACITY-
10
RELATED FACILITIES, INCLUDING, BUT NOT LIMITED
11
TO, SOURCE OF SUPPLY, TREATMENT, PUMPING,
12
TRANSMISSION, TRUNK, INTERCEPTOR AND OUTFALL
13
MAINS, STORAGE, SLUDGE TREATMENT OR DISPOSAL,
14
INTERCONNECTION OR OTHER GENERAL SYSTEM
15
FACILITIES. FACILITIES MAY INCLUDE THOSE THAT
16
PROVIDE EXISTING SERVICE OR WILL PROVIDE FUTURE
17
SERVICE. THE COST OF EXISTING FACILITIES,
18
EXCLUDING FACILITIES CONTRIBUTED TO THE AUTHORITY
19
BY ANY PERSON, GOVERNMENT OR AGENCY, SHALL BE
20
BASED UPON THEIR REPLACEMENT COST OR UPON
21
HISTORICAL COST TRENDED TO CURRENT COST USING
22
PUBLISHED COST INDEXES, OR UPON THE HISTORICAL
23
COST PLUS INTEREST AND OTHER FINANCING FEES PAID
24
ON BONDS FINANCING SUCH FACILITIES. IN THE CASE
25
OF EXISTING FACILITIES, OUTSTANDING DEBT RELATED
26
TO THE FACILITIES SHALL BE SUBTRACTED FROM THE
27
COST, BUT DEBT MAY NOT BE SUBTRACTED WHICH IS
28
ATTRIBUTABLE TO FACILITIES EXCLUSIVELY SERVING
29
NEW CUSTOMERS. UNDER ALL COST APPROACHES, THE
30
COST OF CAPACITY-RELATED FACILITIES SHALL BE
20010S0780B1186
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1
REDUCED BY THE AMOUNT OF GRANTS OR CAPITAL
2
CONTRIBUTIONS WHICH HAVE FINANCED THEM. THE
3
CAPACITY PART OF THE TAPPING FEE PER UNIT OF
4
CAPACITY REQUIRED BY THE NEW CUSTOMER MAY NOT
5
EXCEED THE COST OF THE FACILITIES DIVIDED BY THE
6
DESIGN CAPACITY. AN AUTHORITY MAY ALLOCATE ITS
7
CAPACITY-RELATED FACILITIES TO DIFFERENT SECTIONS
8
OR DISTRICTS OF ITS SYSTEM AND MAY IMPOSE
9
ADDITIONAL CAPACITY-RELATED TAPPING FEES ON
10
SPECIFIC GROUPS OF EXISTING CUSTOMERS SUCH AS
11
COMMERCIAL AND INDUSTRIAL CUSTOMERS, IN
12
CONJUNCTION WITH ADDITIONAL CAPACITY REQUIREMENTS
13
OF THOSE CUSTOMERS. IN THE CASE OF FACILITIES TO
14
BE CONSTRUCTED OR ACQUIRED, THE COST SHALL NOT
15
EXCEED THEIR REASONABLE ESTIMATED COST SET FORTH
16
IN A DULY ADOPTED ANNUAL BUDGET OR A FIVE-YEAR
17
CAPITAL IMPROVEMENT PLAN, AND THE AUTHORITY IN
18
FURTHERANCE OF THE FACILITIES MUST TAKE ANY
19
ACTION AS FOLLOWS:
20
(A) OBTAIN FINANCING FOR THE FACILITIES;
21
(B) ENTER INTO A CONTRACT OBLIGATING THE
22
AUTHORITY TO CONSTRUCT OR PAY FOR THE COST OF
23
CONSTRUCTION OF THE FACILITIES OR ITS PORTION
24
THEREOF IN THE EVENT THAT MULTIPLE PARTIES
25
ARE CONSTRUCTING THE FACILITIES;
26
(C) OBTAIN A PERMIT FOR THE FACILITIES;
27
(D) SPEND SUBSTANTIAL SUMS OR RESOURCES
28
IN FURTHERANCE OF THE FACILITIES;
29
(E) ENTER INTO A CONTRACT OBLIGATING THE
30
AUTHORITY TO PURCHASE OR ACQUIRE FACILITIES
20010S0780B1186
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1
OWNED BY ANOTHER;
2
(F) PREPARE AN ENGINEERING FEASIBILITY
3
STUDY SPECIFICALLY RELATED TO THE FACILITIES,
4
WHICH STUDY RECOMMENDS THE CONSTRUCTION OF
5
THE FACILITIES WITHIN A FIVE-YEAR PERIOD; OR
6
(G) ENTER INTO A CONTRACT FOR THE DESIGN
7
OF THE FACILITIES.
8
(II) DISTRIBUTION OR COLLECTION PART. THE
9
FEE MAY NOT EXCEED AN AMOUNT BASED UPON THE COST
10
OF DISTRIBUTION OR COLLECTION FACILITIES REQUIRED
11
TO PROVIDE SERVICE, SUCH AS MAINS, HYDRANTS AND
12
PUMPING STATIONS. FACILITIES MAY INCLUDE THOSE
13
THAT PROVIDE EXISTING SERVICE OR THOSE THAT WILL
14
PROVIDE FUTURE SERVICE. THE COST OF EXISTING
15
FACILITIES, EXCLUDING FACILITIES CONTRIBUTED TO
16
THE AUTHORITY BY ANY PERSON, GOVERNMENT OR
17
AGENCY, SHALL BE BASED UPON THEIR REPLACEMENT
18
COST OR UPON HISTORICAL COST TRENDED TO CURRENT
19
COST USING PUBLISHED COST INDEXES OR UPON THE
20
HISTORICAL COST PLUS INTEREST AND OTHER FINANCING
21
FEES PAID ON BONDS FINANCING SUCH FACILITIES. IN
22
THE CASE OF EXISTING FACILITIES, OUTSTANDING DEBT
23
RELATED TO THE FACILITIES SHALL BE SUBTRACTED
24
FROM THE COST, BUT DEBT MAY NOT BE SUBTRACTED
25
WHICH IS ATTRIBUTABLE TO FACILITIES EXCLUSIVELY
26
SERVING NEW CUSTOMERS. IN THE CASE OF FACILITIES
27
TO BE CONSTRUCTED OR ACQUIRED, THE COST SHALL NOT
28
EXCEED THEIR REASONABLE ESTIMATED COST. UNDER ALL
29
COST APPROACHES, THE COST OF DISTRIBUTION OR
30
COLLECTION FACILITIES SHALL BE REDUCED BY THE
20010S0780B1186
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1
AMOUNT OF GRANTS OR CAPITAL CONTRIBUTIONS WHICH
2
HAVE FINANCED THEM. THE DISTRIBUTION OR
3
COLLECTION PART OF THE TAPPING FEE PER UNIT OF
4
CAPACITY REQUIRED BY THE NEW CUSTOMER MAY NOT
5
EXCEED THE COST OF THE FACILITIES DIVIDED BY THE
6
DESIGN CAPACITY. AN AUTHORITY MAY ALLOCATE ITS
7
DISTRIBUTION-RELATED OR COLLECTION-RELATED
8
FACILITIES TO DIFFERENT SECTIONS OR DISTRICTS O