1     (A)  AUTHORIZATION.--ANY MUNICIPALITY, SCHOOL DISTRICT OR
                 2  OWNER MAY SELL, LEASE, LEND, GRANT, CONVEY, TRANSFER OR PAY OVER
                 3  TO ANY AUTHORITY WITH OR WITHOUT CONSIDERATION ANY PROJECT OR
                 4  ANY PART OF IT, ANY INTEREST IN REAL OR PERSONAL PROPERTY, ANY
                 5  FUNDS AVAILABLE FOR BUILDING CONSTRUCTION OR IMPROVEMENT
                 6  PURPOSES, INCLUDING THE PROCEEDS OF BONDS PREVIOUSLY OR
                 7  HEREAFTER ISSUED FOR BUILDING CONSTRUCTION OR IMPROVEMENT
                 8  PURPOSES, WHICH MAY BE USED BY THE AUTHORITY IN THE
                 9  CONSTRUCTION, IMPROVEMENT, MAINTENANCE OR OPERATION OF ANY
                10  PROJECT. ANY MUNICIPALITY OR SCHOOL DISTRICT MAY TRANSFER,
                11  ASSIGN AND SET OVER TO ANY AUTHORITY ANY CONTRACTS WHICH MAY
                12  HAVE BEEN AWARDED BY THE MUNICIPALITY OR SCHOOL DISTRICT FOR THE
                13  CONSTRUCTION OF PROJECTS NOT INITIATED OR COMPLETED. THE
                14  TERRITORY BEING SERVED BY ANY PROJECT OR THE TERRITORY WITHIN
                15  WHICH A PROJECT IS AUTHORIZED TO RENDER SERVICE AT THE TIME OF
                16  THE ACQUISITION OF A PROJECT BY AN AUTHORITY SHALL INCLUDE THE
                17  AREA SERVED BY THE PROJECT AND THE AREA IN WHICH THE PROJECT IS
                18  AUTHORIZED TO SERVE AT THE TIME OF ACQUISITION AND ANY OTHER
                19  AREA INTO WHICH THE SERVICE MAY BE EXTENDED, SUBJECT TO THE
                20  LIMITATIONS OF SECTION 5607(A) (RELATING TO PURPOSES AND
                21  POWERS).
                22     (B)  ACQUISITION.--
                23         (1)  AN AUTHORITY MAY NOT ACQUIRE BY ANY DEVICE OR MEANS,
                24     INCLUDING A CONSOLIDATION, MERGER, PURCHASE OR LEASE, OR
                25     THROUGH THE PURCHASE OF STOCK, BONDS OR OTHER SECURITIES,
                26     TITLE TO OR POSSESSION OR USE OF ALL OR A SUBSTANTIAL PORTION
                27     OF ANY EXISTING FACILITIES CONSTITUTING A PROJECT AS DEFINED
                28     UNDER THIS CHAPTER, IF THE PROJECT IS SUBJECT TO THE
                29     JURISDICTION OF THE PENNSYLVANIA PUBLIC UTILITY COMMISSION,
                30     WITHOUT FIRST REPORTING TO AND ADVISING THE MUNICIPALITY
                20010S0780B1186                 - 105 -
 
 

                 1     WHICH CREATED OR WHICH ARE MEMBERS OF THE AUTHORITY, OF THE
                 2     AGREEMENT TO ACQUIRE, INCLUDING ALL ITS TERMS AND CONDITIONS.
                 3         (2)  THE PROPOSED ACTION OF THE AUTHORITY AND THE
                 4     PROPOSED AGREEMENT TO ACQUIRE SHALL BE APPROVED BY THE
                 5     GOVERNING BODY OF THE MUNICIPALITY WHICH CREATED OR WHICH ARE
                 6     MEMBERS OF THE AUTHORITY AND TO WHICH THE REPORT IS MADE.
                 7     WHERE THERE ARE ONE OR TWO MEMBER MUNICIPALITIES OF THE
                 8     AUTHORITY, SUCH APPROVAL SHALL BE BY TWO-THIRDS VOTE OF ALL
                 9     OF THE MEMBERS OF THE GOVERNING BODY OR OF EACH OF THE
                10     GOVERNING BODIES. IF THERE ARE MORE THAN TWO MEMBER
                11     MUNICIPALITIES OF THE AUTHORITY, APPROVAL SHALL BE BY
                12     MAJORITY VOTE OF ALL THE MEMBERS OF EACH GOVERNING BODY OF
                13     TWO-THIRDS OF THE MEMBER MUNICIPALITIES.
                14     (C)  COMPLETE PROVISION.--NOTWITHSTANDING ANY OTHER PROVISION
                15  OF LAW, THIS SECTION, WITHOUT REFERENCE TO ANY OTHER LAW, SHALL
                16  BE DEEMED COMPLETE FOR THE ACQUISITION BY AGREEMENT OF PROJECTS,
                17  AS DEFINED IN THIS CHAPTER, LOCATED WHOLLY WITHIN OR PARTIALLY
                18  WITHOUT THE MUNICIPALITY CAUSING SUCH AUTHORITY TO BE
                19  INCORPORATED, AND NO PROCEEDINGS OR OTHER ACTION SHALL BE
                20  REQUIRED EXCEPT AS PROVIDED FOR IN THIS SECTION.