act-2003-0-67•Pennsylvania Act 2003-67 — GENERAL LOCAL GOVERNMENT CODE (53 PA.C.S.) - REVIVAL OF EXPIRED AUTHORITY
Pennsylvania Act 2003-67 — GENERAL LOCAL GOVERNMENT CODE (53 PA.C.S.) - REVIVAL OF EXPIRED AUTHORITY
act-2003-0-672003 Pa. Act 67Law
Act text
GENERAL LOCAL GOVERNMENT CODE (53 PA.C.S.) - REVIVAL OF EXPIRED AUTHORITY
Act of Dec. 30, 2003, P.L. 454, No. 67 Cl. 53
Session of 2003
No. 2003-67
SB 970
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, providing for revival of an expired
authority.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 53 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 5623. Revival of an expired authority.
(a) Retroactive revival.--Upon the filing of the required
municipal statements of revival with the Secretary of the
Commonwealth and issuance of a certificate of revival, an
expired authority shall become a retroactively revived
authority.
(b) Municipal statement of revival.--A municipal statement
of revival shall be executed in the name of each municipality
that incorporated or subsequently joined in and had not
withdrawn from the expired authority and shall set forth:
(1) The name of the expired authority and of each
municipality that incorporated or subsequently joined in and
had not withdrawn from the expired authority.
(2) The date on which the authority's term of existence
expired.
(3) The address, including street and number of the
expired authority.
(4) A statement that the municipality desires the
revival of the authority as a body politic and corporate for
an additional term not exceeding 50 years.
(5) A statement that the filing of the municipal
statement of revival has been authorized and approved by the
municipal authorities of the municipality by resolution.
(c) Expiration interval.--An expired authority may not
become a retroactively revived authority if its term of
expiration exceeds five years.
(d) Certificate of revival.--The Secretary of the
Commonwealth shall issue a certificate of revival after
verifying that required municipal statements of revival have
been filed in proper form.
(e) Definitions.--The following words and phrases when used
in this section shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Certificate of revival." A certification issued by the
Secretary of the Commonwealth that, as a result of required
municipal statements of revival having been filed in proper
form, the expired authority which is the subject of the
municipal statements of revival is certified as having been
retroactively revived for the term specified.
"Expired authority." An authority whose term of existence
has expired in accordance with this chapter.
"Municipal statement of revival." A written statement
prepared in accordance with subsection (b) and filed with the
Secretary of the Commonwealth by the municipal authorities of
each municipality that incorporated or subsequently joined in
and had not withdrawn from an expired authority indicating that
approval has been given for the retroactive revival of the
expired authority by municipal authorities by resolution.
"Retroactively revived authority." An expired authority
whose existence has been revived retroactively so that the
authority is restored to its previous legal position in the same
manner and to the same extent as if its term of existence had
never expired. Retroactive revival shall have the effect of
validating the business and affairs of the authority during its
term of expiration, including all contracts and other
transactions made and effected within the scope of the articles
of the authority by its representatives and any rights,
privileges, liabilities and obligations that the authority would
have had if its term of existence had not expired.
"Term of expiration." The period of time that commences when
an authority becomes an expired authority and that ends when the
expired authority is retroactively revived in accordance with
this section.
Section 2. This act shall take effect immediately.
APPROVED--The 30th day of December, A. D. 2003.
EDWARD G. RENDELL
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