THIRD CLASS COUNTY CONVENTION CENTER AUTHORITY ACT - REPEALED — 1994 Pa. Act 162 (historical enacted text)

Historical Act text

SENATE AMENDED
PRIOR PRINTER'S NOS. 344, 661, 4421, PRINTER'S NO. 4449
4443
INTRODUCED BY CALTAGIRONE, DeWEESE, MIHALICH, PETRARCA,
VAN HORNE, MARKOSEK, KASUNIC, DALEY, STABACK, JOSEPHS,
STAIRS, WOGAN, KAISER, MAYERNIK, PESCI, COLAIZZO, KREBS, M.
COHEN AND STEELMAN, FEBRUARY 8, 1993
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, NOVEMBER 22, 1994
AN ACT
1 Mandating the boundaries between any county of the second class <--
2 and any county of the third class be frozen as they appear in
3 the official tax maps as of July 1, 1973.
4 TO PROVIDE CONVENTION CENTER FACILITIES IN COUNTIES OF THE THIRD <--
5 CLASS; PROVIDING FOR CREATION OF CONVENTION CENTER
6 AUTHORITIES; DEFINING THEIR POWERS AND DUTIES; AND
7 AUTHORIZING A HOTEL ROOM RENTAL TAX.
8 TABLE OF CONTENTS
9 SECTION 1. SHORT TITLE.
10 SECTION 2. FINDINGS AND DECLARATION OF POLICY.
11 SECTION 3. DEFINITIONS.
12 SECTION 4. AUTHORITY CREATION.
13 SECTION 5. PURPOSES AND POWERS; GENERAL.
14 SECTION 6. CAPITAL AND OPERATING BUDGETS.
15 SECTION 7. PURPOSES AND POWERS; BONDS.
16 SECTION 8. PROVISIONS OF BONDS, TRUSTS, INDENTURES AND
17 MORTGAGES.
18 SECTION 9. REMEDIES OF OBLIGEE OF AUTHORITY.
1 SECTION 10. ADDITIONAL REMEDIES CONFERRABLE BY AUTHORITY.
2 SECTION 11. GOVERNING BOARD.
3 SECTION 12. SOVEREIGN IMMUNITY.
4 SECTION 13. MONEYS OF AUTHORITY.
5 SECTION 14. TRANSFER OF EXISTING FACILITIES OR FUNDS; MAKING OF
6 ANNUAL GRANTS AND LEASE PAYMENTS TO AUTHORITY.
7 SECTION 15. AWARD OF CONTRACTS.
8 SECTION 16. INTERESTS OF PUBLIC OFFICERS, PUBLIC EMPLOYEES AND
9 PARTY OFFICERS.
10 SECTION 17. ACQUISITION OF LANDS.
11 SECTION 18. USE AND OPERATION OF CONVENTION CENTER.
12 SECTION 19. LIMITATION OF POWERS.
13 SECTION 20. EXEMPTION FROM TAXATION.
14 SECTION 21. LEASE BY AUTHORITIES.
15 SECTION 22. COOPERATION.
16 SECTION 23. HOTEL ROOM RENTAL TAX.
17 SECTION 24. REPEALS.
18 SECTION 25. EFFECTIVE DATE.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Boundaries frozen. <--
22 The boundaries between any county of the second class and any
23 county of the third class shall be frozen as they appear in the
24 county's official tax maps as of July 1, 1973.
25 Section 2. Effective date.
26 This act shall take effect immediately.
27 SECTION 1. SHORT TITLE. <--
28 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE THIRD CLASS
29 COUNTY CONVENTION CENTER AUTHORITY ACT.
30 SECTION 2. FINDINGS, DECLARATION OF POLICY AND SCOPE.
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1 (A) LEGISLATIVE FINDINGS.--IT IS HEREBY DETERMINED AND
2 DECLARED AS A MATTER OF LEGISLATIVE FINDING:
3 (1) THAT THE HEALTH, SAFETY AND GENERAL WELFARE OF THE
4 PEOPLE OF THIS COMMONWEALTH ARE DIRECTLY DEPENDENT UPON THE
5 CONTINUAL ENCOURAGEMENT, DEVELOPMENT, GROWTH AND EXPANSION OF
6 BUSINESS, INDUSTRY, COMMERCE AND TOURISM WITHIN THIS
7 COMMONWEALTH.
8 (2) THAT UNEMPLOYMENT, THE SPREAD OF INDIGENCY AND THE
9 HEAVY BURDEN OF PUBLIC ASSISTANCE AND UNEMPLOYMENT
10 COMPENSATION CAN BE AVOIDED BY THE PROMOTION, ATTRACTION,
11 STIMULATION, DEVELOPMENT AND EXPANSION OF BUSINESS, INDUSTRY,
12 COMMERCE AND TOURISM IN THIS COMMONWEALTH.
13 (3) THAT DEVELOPMENT OF CONVENTION CENTERS IS
14 APPROPRIATE WITHIN THE REDEVELOPMENT ASSISTANCE ELIGIBLE AREA
15 OF A THIRD CLASS COUNTY, AND THAT THE ATTRACTION OF BUSINESS
16 TO THIS COMMONWEALTH AS A RESULT OF SUCH DEVELOPMENT IS AN
17 IMPORTANT FACTOR IN THE CONTINUAL ENCOURAGEMENT, PROMOTION,
18 ATTRACTION, STIMULATION, DEVELOPMENT, GROWTH AND EXPANSION OF
19 BUSINESS, INDUSTRY, COMMERCE AND TOURISM WITHIN THE COUNTY
20 SEAT, THE SURROUNDING COUNTIES AND THIS COMMONWEALTH AS A
21 WHOLE.
22 (4) THAT THE PURPOSE OF A CONVENTION CENTER SHOULD BE
23 THE PROMOTION, ATTRACTION, STIMULATION, DEVELOPMENT AND
24 EXPANSION OF BUSINESS, INDUSTRY, COMMERCE AND TOURISM IN THE
25 COUNTY SEAT, THE SURROUNDING COUNTIES AND THIS COMMONWEALTH
26 AS A WHOLE.
27 (5) THAT THE DEVELOPMENT OF A CONVENTION CENTER WILL
28 PROVIDE BENEFITS TO THE HOTEL INDUSTRY THROUGHOUT THE ENTIRE
29 AREA OF THE COUNTY WHERE THE CENTER IS DEVELOPED.
30 (6) THAT THE DEVELOPMENT OF A CONVENTION CENTER WILL
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1 ALSO PROVIDE BENEFITS TO THE RESTAURANT AND ENTERTAINMENT
2 INDUSTRIES THROUGHOUT THE ENTIRE COUNTY WHERE THE CENTER IS
3 LOCATED, TO ALL OTHER BUSINESSES AND INDIVIDUALS BENEFITED BY
4 THE ATTRACTION OF MAJOR CONVENTIONS AND TOURISTS, TO OTHER
5 INDIVIDUAL BUSINESSES WHOSE LIVELIHOOD IS DEPENDENT ON MAJOR
6 CONVENTIONS AND TOURISTS AND TO THE GENERAL PUBLIC.
7 (7) THAT THE NEED FOR AND PROMOTION OF THE TYPE OF
8 FACILITY WHICH WILL PROVIDE SIGNIFICANT BENEFITS TO THE
9 GENERAL PUBLIC WILL REQUIRE THE EXPENDITURE OF PUBLIC MONEY
10 AND THAT IT IS THEREFORE APPROPRIATE TO AUTHORIZE A COUNTY TO
11 IMPOSE AND COLLECT A TAX, APPLICABLE WITHIN THE ENTIRE
12 TERRITORIAL LIMITS OF THE COUNTY, TO FACILITATE THE
13 DEVELOPMENT OF A CONVENTION FACILITY AND THE PROMOTION OF
14 TOURISM WITHIN THE COUNTY.
15 (8) THAT, TO PROMOTE THE DEVELOPMENT OF CONVENTION
16 CENTERS WITHIN THIS COMMONWEALTH, IT IS NECESSARY TO PROVIDE
17 ADDITIONAL AND FLEXIBLE MEANS OF DEVELOPING, CONSTRUCTING,
18 DESIGNING, MANAGING, FINANCING AND OPERATING CONVENTION
19 CENTERS.
20 (9) THAT AN IMPORTANT ASPECT OF THE DEVELOPMENT OF
21 CONVENTION CENTERS SHOULD BE THE REMOVAL AND REDEVELOPMENT OF
22 BLIGHTED AREAS.
23 (B) POLICY.--IT IS HEREBY DECLARED TO BE THE POLICY OF THIS
24 COMMONWEALTH TO PROMOTE THE HEALTH, SAFETY, EMPLOYMENT, BUSINESS
25 OPPORTUNITIES AND GENERAL WELFARE OF THE PEOPLE OF THIS
26 COMMONWEALTH BY PROVIDING FOR THE CREATION OF THIRD CLASS COUNTY
27 CONVENTION CENTER AUTHORITIES WHICH SHALL EXIST AND OPERATE AS
28 PUBLIC INSTRUMENTALITIES OF THE COMMONWEALTH FOR THE PUBLIC
29 PURPOSE OF PROMOTING, ATTRACTING, STIMULATING, DEVELOPING AND
30 EXPANDING BUSINESS, INDUSTRY, COMMERCE AND TOURISM IN THIS
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1 COMMONWEALTH. THIS PURPOSE IS HEREBY DECLARED TO BE A PUBLIC
2 PURPOSE SUPPORTING THE ENACTMENT OF ALL PROVISIONS OF THIS ACT
3 AND FOR WHICH PUBLIC MONEY MAY BE SPENT AND TAXES MAY BE <--
4 IMPOSED. AND PRIVATE PROPERTY MAY BE ACQUIRED BY THE EXERCISE OF <--
5 THE POWER OF EMINENT DOMAIN.
6 (C) SCOPE.--
7 (1) THIS ACT SHALL NOT APPLY TO A COUNTY WHICH HAS AN
8 EXISTING CONVENTION CENTER WHICH COVERS AN AREA OF MORE THAN
9 40,000 SQUARE FEET.
10 (2) THIS ACT SHALL NOT APPLY TO A COUNTY WHICH HAS AS <--
11 ITS COUNTY SEAT A CITY OF THE SECOND CLASS A.
12 (3) (2) THIS ACT SHALL NOT APPLY TO A COUNTY WHICH IS <--
13 SERVED, TOGETHER WITH ONE OR MORE OTHER COUNTIES, BY A JOINT
14 PLANNING COMMISSION.
15 (3) (4) (3) NO PROVISION OF THIS ACT OTHER THAN SECTION <--
16 23 SHALL APPLY TO AN EXISTING AUTHORITY.
17 SECTION 3. DEFINITIONS.
18 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
19 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
20 CONTEXT CLEARLY INDICATES OTHERWISE OR UNLESS THERE IS A
21 SPECIFIC DEFINITION IN ANOTHER SECTION:
22 "AUTHORITY" OR "THIRD CLASS COUNTY CONVENTION CENTER
23 AUTHORITY." AN AGENCY AND PUBLIC INSTRUMENTALITY OF THE
24 COMMONWEALTH AND A BODY POLITIC AND CORPORATE CREATED PURSUANT
25 TO THIS ACT.
26 "BOARD." THE GOVERNING BODY OF AN AUTHORITY.
27 "BONDS." NOTES, BONDS, REFUNDING NOTES AND BONDS, INTERIM
28 CERTIFICATES, DEBENTURES AND OTHER EVIDENCE OF INDEBTEDNESS OR
29 OBLIGATIONS WHICH THE AUTHORITY IS AUTHORIZED TO ISSUE PURSUANT
30 TO THIS ACT.
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1 "CONSTRUCT," "TO CONSTRUCT" OR "CONSTRUCTION." THE
2 ACQUISITION, DESIGN, ERECTION, EXTENSION, RENOVATION,
3 REHABILITATION, CONVERSION, FURNISHING, FIXTURING, EQUIPPING,
4 ENLARGEMENT OR SUBSTANTIAL REPAIR OF A CONVENTION CENTER, OR
5 PART THEREOF, AND ACTIVITIES SUBSTANTIALLY RELATED TO THE
6 ACQUISITION, DESIGN, ERECTION, EXTENSION, RENOVATION,
7 REHABILITATION, CONVERSION, FURNISHING, FIXTURING, EQUIPPING,
8 ENLARGEMENT OR SUBSTANTIAL REPAIR OF A CONVENTION CENTER, OR
9 PART THEREOF.
10 "CONVENTION CENTER." ANY LAND, IMPROVEMENT, STRUCTURE,
11 BUILDING, OR PART THEREOF, OR PROPERTY INTEREST THEREIN, WHETHER
12 OWNED BY OR LEASED BY OR TO OR OTHERWISE ACQUIRED BY AN
13 AUTHORITY, APPROPRIATE FOR ANY OF THE FOLLOWING: LARGE PUBLIC
14 ASSEMBLIES, THE HOLDING OF CONVENTIONS, CONFERENCES, TRADE
15 EXHIBITIONS AND OTHER BUSINESS, SOCIAL, CULTURAL, SCIENTIFIC AND
16 PUBLIC INTEREST EVENTS, AND ALL FACILITIES, FURNITURE, FIXTURES
17 AND EQUIPMENT NECESSARY OR INCIDENT THERETO, INCLUDING MEETING
18 ROOMS, DINING ROOMS, KITCHENS, BALLROOMS, RECEPTION AREAS,
19 REGISTRATION AND PREFUNCTION AREAS, TRUCK LOADING AREAS,
20 INCLUDING ACCESS THERETO, ACCESS WAYS, COMMON AREAS, LOBBIES,
21 OFFICES AND AREAS APPURTENANT TO ANY OF THE PRECEDING, TOGETHER
22 REFERRED TO AS THE MAIN CONVENTION AREA, AND ALSO INCLUDING
23 OTHER BUILDINGS, STRUCTURES OR FACILITIES FOR USE IN CONJUNCTION
24 WITH THE FOREGOING, INCLUDING, BUT NOT LIMITED TO, PROVISION FOR
25 OFF-STREET PARKING, RETAIL AREAS AND OTHER IMPROVEMENTS RELATED
26 TO THE CENTER OWNED BY OR LEASED BY OR TO AN AUTHORITY FOR THE
27 PURPOSE OF PRODUCING REVENUES TO ASSIST IN DEFRAYING THE COSTS
28 OR EXPENSES OF THE CONVENTION CENTER.
29 "COST OF A PROJECT." ALL OR ANY PART OF THE COST OF
30 CONSTRUCTION, ACQUISITION, ALTERATION, ENLARGEMENT, FURNISHING,
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1 FIXTURING AND EQUIPPING, RECONSTRUCTION AND REHABILITATION OF A
2 CONVENTION CENTER PROJECT, INCLUDING, WITHOUT LIMITATION, THE
3 COST OF ALL LANDS, STRUCTURES, REAL OR PERSONAL PROPERTY,
4 RIGHTS, RIGHTS-OF-WAY, ROADS, FRANCHISES, EASEMENTS AND
5 INTERESTS ACQUIRED OR USED FOR OR IN CONNECTION WITH A PROJECT,
6 THE COST OF DEMOLISHING OR REMOVING BUILDINGS OR STRUCTURES ON
7 LAND SO ACQUIRED, INCLUDING THE COST OF ACQUIRING LANDS TO WHICH
8 THE BUILDINGS OR STRUCTURES MAY BE MOVED OR LOCATED, THE COST OF
9 ALL UTILITY LINES, STRUCTURES OR EQUIPMENT, THE CHARGES,
10 INTEREST PRIOR TO, DURING AND FOR A PERIOD OF SIX MONTHS AFTER
11 COMPLETION OF CONSTRUCTION AND ACQUISITION, PROVISIONS FOR
12 RESERVES FOR PRINCIPAL AND INTEREST AND FOR EXTENSIONS,
13 ENLARGEMENTS, ADDITIONS AND IMPROVEMENTS, COST OF ARCHITECTURAL,
14 ENGINEERING, FINANCIAL AND LEGAL SERVICES, PLANS,
15 SPECIFICATIONS, STUDIES, SURVEYS, ESTIMATES OF COST AND
16 REVENUES, EXPENSES NECESSARY OR INCIDENT TO DETERMINING THE
17 FEASIBILITY OR PRACTICABILITY OF CONSTRUCTING THE PROJECT AND
18 SUCH OTHER CAPITAL COST OR EXPENSE AS MAY BE NECESSARY OR
19 INCIDENT TO THE CONSTRUCTION, DEVELOPMENT AND ACQUISITION OF THE
20 PROJECT, THE FINANCING OF CONSTRUCTION, DEVELOPMENT AND
21 ACQUISITION AND THE PLACING OF THE PROJECT IN OPERATION,
22 INCLUDING, WITHOUT LIMITATION, A PROPER ALLOWANCE FOR
23 CONTINGENCIES AND THE PROVISION OF REASONABLE INITIAL WORKING
24 CAPITAL FOR OPERATING THE PROJECT.
25 "COUNTY." A COUNTY OF THE THIRD CLASS.
26 "EXISTING AUTHORITY." AN AUTHORITY INCORPORATED BY A COUNTY
27 OF THE THIRD CLASS PRIOR TO NOVEMBER 1, 1994, PURSUANT TO THE
28 ACT OF MAY 2, 1945 (P.L.382, NO.164), KNOWN AS THE MUNICIPALITY
29 AUTHORITIES ACT OF 1945, FOR THE PRINCIPAL PURPOSE OF OWNING OR
30 OPERATING A CONVENTION CENTER.
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1 "FEDERAL AGENCY" OR "FEDERAL GOVERNMENT." THE UNITED STATES,
2 THE PRESIDENT OF THE UNITED STATES AND ANY DEPARTMENT OR
3 CORPORATION, AGENCY OR INSTRUMENTALITY HERETOFORE OR HEREAFTER
4 CREATED, DESIGNATED OR ESTABLISHED BY THE UNITED STATES.
5 "OBLIGEE OF THE AUTHORITY" OR "OBLIGEE." A BONDHOLDER OR A
6 TRUSTEE FOR A BONDHOLDER WHEN A PARTY TO A CONTRACT WITH THE
7 AUTHORITY.
8 "PROJECT." A SITE, BUILDING, STRUCTURE, EQUIPMENT,
9 FURNISHING AND OTHER FACILITIES OR UNDERTAKING IN RESPECT OF A
10 CONVENTION CENTER WHICH THE AUTHORITY IS AUTHORIZED TO ACQUIRE,
11 CONSTRUCT, IMPROVE, INSTALL, MAINTAIN OR OPERATE UNDER THE
12 PROVISIONS OF THIS ACT.
13 "REDEVELOPMENT ASSISTANCE ELIGIBLE AREA." AN AREA DETERMINED
14 BY THE DEPARTMENT OF COMMUNITY AFFAIRS TO BE ELIGIBLE AS A SITE
15 FOR A FACILITY RECEIVING A GRANT UNDER THE REDEVELOPMENT
16 ASSISTANCE CAPITAL PROGRAM OF THIS COMMONWEALTH.
17 "STATE PUBLIC BODY." THE COMMONWEALTH AND ITS EXECUTIVE,
18 ADMINISTRATIVE AND INDEPENDENT AGENCIES, DEPARTMENTS, OFFICERS,
19 BOARDS, AUTHORITIES, COMMISSIONS AND INSTRUMENTALITIES.
20 "SUBSTANTIAL COMPLETION." CONSTRUCTION THAT IS SUFFICIENTLY
21 COMPLETED IN ACCORDANCE WITH CONTRACT DOCUMENTS AND CERTIFIED BY
22 THE CONVENTION CENTER AUTHORITY'S ARCHITECT OR ENGINEER, AS
23 MODIFIED BY CHANGE ORDERS SO THAT THE MAIN CONVENTION AREA CAN
24 BE USED, OCCUPIED OR OPERATED FOR ITS INTENDED USE. IN NO EVENT
25 SHALL A PROJECT BE CERTIFIED AS SUBSTANTIALLY COMPLETE UNTIL AT
26 LEAST 90% OF THE WORK ON THE MAIN CONVENTION AREA IS COMPLETED.
27 SECTION 4. AUTHORITY CREATION.
28 THE GOVERNING BODIES OF A THIRD CLASS COUNTY AND THE
29 POLITICAL SUBDIVISION CONSTITUTING THE COUNTY SEAT OR THE COUNTY
30 ACTING ALONE MAY CREATE A BODY CORPORATE AND POLITIC TO BE NAMED
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1 THE COUNTY CONVENTION CENTER AUTHORITY TO BE CREATED AS
2 A PUBLIC AUTHORITY AND GOVERNMENT INSTRUMENTALITY TO HAVE
3 CONTINUING SUCCESSION UNTIL ITS EXISTENCE SHALL BE TERMINATED BY
4 LAW. IF THE CONVENTION CENTER TO BE CONSTRUCTED BY AN AUTHORITY
5 CREATED UNDER THIS ACT SHALL BE LOCATED WITHIN THE
6 JURISDICTIONAL LIMITS OF THE COUNTY SEAT OF THE COUNTY, THE
7 AUTHORITY SHALL BE A JOINT AUTHORITY OF THE COUNTY AND THE
8 COUNTY SEAT. IF THE CONVENTION CENTER SHALL BE LOCATED OUTSIDE
9 THE JURISDICTIONAL LIMITS OF THE COUNTY SEAT OF THE COUNTY, THE
10 AUTHORITY MAY BE CREATED SOLELY BY THE COUNTY. THE EXERCISE BY
11 THE AUTHORITY OF THE POWERS CONFERRED BY THIS ACT IS HEREBY
12 DECLARED TO BE AND SHALL FOR ALL PURPOSES BE DEEMED AND HELD TO
13 BE THE PERFORMANCE OF AN ESSENTIAL PUBLIC FUNCTION.
14 SECTION 5. PURPOSES AND POWERS; GENERAL.
15 (A) GENERAL POWERS.--AN AUTHORITY CREATED UNDER THIS ACT
16 SHALL BE A PUBLIC BODY, CORPORATE AND POLITIC, EXERCISING PUBLIC
17 POWERS OF THE COMMONWEALTH AS AN AGENCY AND INSTRUMENTALITY AND
18 SHALL BE FOR THE PURPOSE, WITHOUT LIMITATION, BY ITSELF OR BY
19 AGREEMENT IN COOPERATION WITH OTHERS, OF ACQUIRING, HOLDING,
20 DEVELOPING, DESIGNING, CONSTRUCTING, IMPROVING, MAINTAINING,
21 MANAGING, OPERATING, FINANCING, FURNISHING, FIXTURING,
22 EQUIPPING, REPAIRING, LEASING OR SUBLEASING, EITHER IN THE
23 CAPACITY OF LESSOR OR LESSEE OR SUBLESSOR OR SUBLESSEE, AND
24 OWNING A CONVENTION CENTER, OR PARTS THEREOF.
25 (B) SPECIFIC POWERS.--THE AUTHORITY IS GRANTED ALL POWERS
26 NECESSARY OR CONVENIENT FOR THE CARRYING OUT OF THE PURPOSES IN
27 SUBSECTION (A), INCLUDING, WITHOUT LIMITING THE GENERALITY OF
28 THE FOREGOING, THE FOLLOWING RIGHTS AND POWERS:
29 (1) TO HAVE CONTINUING SUCCESSION.
30 (2) TO SUE AND BE SUED, IMPLEAD AND BE IMPLEADED,
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1 COMPLAIN AND DEFEND IN ALL COURTS.
2 (3) TO ADOPT, USE AND ALTER AT WILL A CORPORATE SEAL.
3 (4) TO ACQUIRE BY GIFT OR OTHERWISE, PURCHASE, HOLD,
4 RECEIVE, LEASE, SUBLEASE AND USE A LICENSE, FRANCHISE OR
5 PROPERTY, REAL, PERSONAL OR MIXED, TANGIBLE OR INTANGIBLE, OR
6 ANY INTEREST THEREIN, INCLUDING A CONVENTION CENTER, OR PARTS
7 THEREOF.
8 (5) TO SELL, TRANSFER OR DISPOSE OF PROPERTY OR AN
9 INTEREST THEREIN WITH ADEQUATE AND FAIR CONSIDERATION.
10 (6) TO ACQUIRE, HOLD, DEVELOP, DESIGN, CONSTRUCT,
11 IMPROVE, MAINTAIN, MANAGE, OPERATE, FURNISH, FIXTURE, EQUIP,
12 REPAIR, OWN, LEASE OR SUBLEASE A CONVENTION CENTER, OR PARTS
13 THEREOF, AND TO MAKE, ENTER INTO AND AWARD CONTRACTS WITH ANY
14 PERSON, ASSOCIATION, PARTNERSHIP OR CORPORATION FOR THE
15 DEVELOPMENT, DESIGN, FINANCING, CONSTRUCTION, IMPROVEMENT,
16 MAINTENANCE, OPERATION, MANAGEMENT, FURNISHING, FIXTURING,
17 EQUIPPING AND REPAIR OF A CONVENTION CENTER, OR PARTS
18 THEREOF.
19 (7) TO MAKE BYLAWS FOR THE MANAGEMENT AND REGULATION OF
20 ITS AFFAIRS AND ISSUE RULES, REGULATIONS AND POLICIES IN
21 CONNECTION WITH THE PERFORMANCE OF ITS FUNCTIONS AND DUTIES.
22 (8) TO APPOINT OFFICERS, AGENTS, EMPLOYEES AND SERVANTS,
23 TO PRESCRIBE THEIR DUTIES AND TO FIX THEIR COMPENSATION.
24 (9) TO FIX, ALTER, CHARGE AND COLLECT RENTALS,
25 ADMISSIONS, LICENSE FEES AND OTHER CHARGES.
26 (10) TO BORROW MONEY FOR THE PURPOSE OF PAYING THE COSTS
27 OF A PROJECT AND TO EVIDENCE THE SAME; MAKE AND ISSUE
28 NEGOTIABLE BONDS OF THE AUTHORITY; SECURE PAYMENT OF THE
29 BONDS, OR ANY PART THEREOF, BY PLEDGE OR DEED OF TRUST OF ALL
30 OR ANY OF ITS REVENUES (INCLUDING ANY HOTEL ROOM RENTAL TAX),
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1 RENTALS, RECEIPTS AND CONTRACT RIGHTS; MAKE SUCH AGREEMENTS
2 WITH THE PURCHASERS OR HOLDERS OF THE BONDS OR WITH OTHER
3 OBLIGEES OF THE AUTHORITY IN CONNECTION WITH THE BONDS,
4 WHETHER ISSUED OR TO BE ISSUED, AS THE AUTHORITY SHALL DEEM
5 ADVISABLE, WHICH AGREEMENTS SHALL CONSTITUTE CONTRACTS WITH
6 THE HOLDERS OR PURCHASERS; OBTAIN SUCH CREDIT ENHANCEMENT OR
7 LIQUIDITY FACILITIES IN CONNECTION WITH THE BONDS AS THE
8 AUTHORITY SHALL DETERMINE TO BE ADVANTAGEOUS; AND, IN
9 GENERAL, PROVIDE FOR THE SECURITY OF THE BONDS AND THE RIGHTS
10 OF THE BONDHOLDERS.
11 (11) TO MAKE, ENTER INTO AND AWARD CONTRACTS OF EVERY
12 NAME AND NATURE AND TO EXECUTE ALL INSTRUMENTS NECESSARY OR
13 CONVENIENT FOR THE CARRYING OUT OF ITS BUSINESS.
14 (12) TO BORROW MONEY AND ACCEPT GRANTS AND TO ENTER INTO
15 CONTRACTS, LEASES, SUBLEASES, LICENSES OR OTHER TRANSACTIONS
16 WITH ANY FEDERAL AGENCY, STATE PUBLIC BODY, POLITICAL
17 SUBDIVISION, PERSON, ASSOCIATION, PARTNERSHIP OR CORPORATION.
18 (13) TO PLEDGE, HYPOTHECATE OR OTHERWISE ENCUMBER ITS
19 PROPERTY, REAL, PERSONAL OR MIXED, TANGIBLE OR INTANGIBLE,
20 AND ITS REVENUES OR RECEIPTS, INCLUDING, BUT NOT LIMITED TO,
21 ANY INTEREST THE AUTHORITY MAY HAVE IN A LEASE OR SUBLEASE OF
22 A CONVENTION CENTER, OR PARTS THEREOF.
23 (14) TO PROCURE SUCH INSURANCE CONTAINING SUCH
24 COVERAGES, INCLUDING, WITHOUT LIMITATION, INSURANCE COVERING
25 THE TIMELY PAYMENT IN FULL OF PRINCIPAL OF AND INTEREST ON
26 BONDS OF THE AUTHORITY, IN SUCH AMOUNTS, FROM SUCH INSURERS,
27 AS THE AUTHORITY MAY DETERMINE TO BE NECESSARY OR DESIRABLE
28 FOR ITS PURPOSES.
29 (15) TO INVEST ITS MONEY.
30 (16) TO COOPERATE WITH ANY FEDERAL AGENCY, STATE PUBLIC
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1 BODY OR POLITICAL SUBDIVISION.
2 (17) TO INVEST FUNDS HELD IN RESERVE OR SINKING FUNDS,
3 OR FUNDS NOT REQUIRED FOR IMMEDIATE DISBURSEMENTS, AS
4 AUTHORIZED BY SECTION 13(D).
5 (18) TO APPOINT ALL OFFICERS, AGENTS AND EMPLOYEES
6 REQUIRED FOR THE PERFORMANCE OF ITS DUTIES AND FIX AND
7 DETERMINE THEIR QUALIFICATIONS, DUTIES AND COMPENSATION AND
8 RETAIN OR EMPLOY OTHER AGENTS OR CONSULTANTS, INCLUDING, BUT
9 NOT LIMITED TO, ARCHITECTS, AUDITORS, ENGINEERS, PRIVATE
10 LEGAL COUNSEL AND PRIVATE CONSULTANTS ON A CONTRACT BASIS OR
11 OTHERWISE FOR RENDERING PROFESSIONAL OR TECHNICAL SERVICES
12 AND ADVICE.
13 (19) TO ENROLL ITS EMPLOYEES IN AN EXISTING RETIREMENT
14 SYSTEM OF THE STATE, COUNTY, CITY OR OTHER GOVERNMENTAL
15 ENTITY.
16 (20) TO APPOINT AND FIX THE COMPENSATION OF CHIEF
17 COUNSEL AND SUCH ASSISTANT COUNSEL TO PROVIDE IT WITH LEGAL
18 ASSISTANCE, AND THE AUTHORITY THROUGH ITS COUNSEL SHALL
19 DEFEND ACTIONS BROUGHT AGAINST THE AUTHORITY AND ITS OFFICERS
20 AND EMPLOYEES WHEN ACTING WITHIN THE SCOPE OF THEIR OFFICIAL
21 DUTIES.
22 (21) TO MAINTAIN AN OFFICE IN THE COUNTY SEAT.
23 (22) TO APPOINT AN EXECUTIVE DIRECTOR WHO SHALL BE THE
24 CHIEF EXECUTIVE OFFICER OF THE AUTHORITY, WHO SHALL DEVOTE
25 HIS FULL TIME DURING BUSINESS HOURS TO THE DUTIES OF HIS
26 OFFICE AND WHO SHALL RECEIVE COMPENSATION AS THE BOARD SHALL
27 DETERMINE.
28 (23) TO DO ALL ACTS AND THINGS NECESSARY OR CONVENIENT
29 FOR THE PROMOTION OF ITS PURPOSES AND THE GENERAL WELFARE OF
30 THE AUTHORITY AND TO CARRY OUT THE POWERS GRANTED TO IT BY
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1 THIS OR ANY OTHER ACT.
2 (C) LIMITATIONS.--
3 (1) THE AUTHORITY SHALL HAVE NO POWER TO PLEDGE THE
4 CREDIT OR TAXING POWERS OF A STATE PUBLIC BODY, A POLITICAL
5 SUBDIVISION OR THE COUNTY, NOR SHALL ITS OBLIGATIONS BE
6 DEEMED OBLIGATIONS OF ANY STATE PUBLIC BODY, A POLITICAL
7 SUBDIVISION OR THE COUNTY, NOR SHALL ANY STATE PUBLIC BODY, A
8 POLITICAL SUBDIVISION OR THE COUNTY BE LIABLE FOR THE PAYMENT
9 OF PRINCIPAL OR INTEREST ON SUCH OBLIGATIONS.
10 (2) THE AUTHORITY SHALL HAVE NO POWER OF EMINENT DOMAIN.
11 (D) AFFIRMATIVE ACTION.--THE AUTHORITY SHALL DEVELOP AND
12 IMPLEMENT AN AFFIRMATIVE ACTION PLAN TO ASSURE THAT ALL PERSONS
13 ARE ACCORDED EQUALITY OF OPPORTUNITY IN EMPLOYMENT AND
14 CONTRACTING BY THE AUTHORITY, ITS CONTRACTORS, SUBCONTRACTORS,
15 ASSIGNEES, LESSEES, AGENTS, VENDORS AND SUPPLIERS.
16 SECTION 6. CAPITAL AND OPERATING BUDGETS.
17 (A) CAPITAL BUDGET.--AT LEAST 90 DAYS BEFORE THE COMMENCING
18 OF THE ENSUING FISCAL YEAR OF THE AUTHORITY, THE BOARD SHALL
19 CAUSE TO BE PREPARED AND SUBMITTED TO IT A RECOMMENDED CAPITAL
20 BUDGET. THE CAPITAL BUDGET SHALL SHOW IN DETAIL THE CAPITAL
21 EXPENDITURES TO BE MADE OR INCURRED IN THE NEXT FISCAL YEAR
22 WHICH ARE TO BE FINANCED FROM FUNDS SUBJECT TO CONTROL OR
23 APPROPRIATION BY THE BOARD. FOR EACH SEPARATE PURPOSE, PROJECT,
24 FACILITY OR OTHER PROPERTY, THERE SHALL BE SHOWN THE AMOUNT AND
25 THE SOURCE OF THE MONEY THAT HAS BEEN SPENT, ENCUMBERED OR IS
26 INTENDED TO BE SPENT OR ENCUMBERED DURING THE FISCAL YEAR. NO
27 LATER THAN THE DATE OF THE ADOPTION OF THE ANNUAL OPERATING
28 BUDGET, THE BOARD SHALL, BY A MAJORITY VOTE OF ITS MEMBERS,
29 ADOPT A CAPITAL BUDGET.
30 (B) OPERATING BUDGET.--AT LEAST 90 DAYS BEFORE THE
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1 COMMENCING OF THE ENSUING FISCAL YEAR OF THE AUTHORITY, THE
2 BOARD SHALL CAUSE TO BE PREPARED AND SUBMITTED TO IT A
3 RECOMMENDED OPERATING BUDGET. THE OPERATING BUDGET SHALL BE
4 PREPARED WITH THE AID OF THE GOVERNING BODIES OF THE COUNTY AND
5 COUNTY SEAT. IN THE EVENT THAT THE OPERATING BUDGET IS NOT IN
6 FORM AND DETAIL SATISFACTORY TO THE GOVERNING BODY, THEY MAY
7 REQUIRE THAT THE OPERATING BUDGET BE REDRAFTED AND RESUBMITTED,
8 AND THE GOVERNING BODY SHALL NOT BE CONSIDERED TO BE IN RECEIPT
9 OF THE OPERATING BUDGET OR ANY AMENDMENTS UNLESS THE FORM AND
10 DETAIL IS TO THE GOVERNING BODY'S SATISFACTION. THE OPERATING
11 BUDGET SHOULD SET FORTH THE ESTIMATED RECEIPTS AND REVENUES OF
12 THE AUTHORITY DURING THE NEXT FISCAL YEAR. THE BOARD SHALL, AT
13 LEAST 30 DAYS BEFORE THE END OF THE FISCAL YEAR, ADOPT, BY A
14 MAJORITY VOTE OF ITS MEMBERS, AN OPERATING BUDGET FOR THE NEXT
15 FISCAL YEAR.
16 SECTION 7. PURPOSES AND POWERS; BONDS.
17 (A) BOND ISSUES TO BE AUTHORIZED.--THE BONDS OF A AUTHORITY
18 CREATED UNDER THIS ACT AND AUTHORIZED TO BE ISSUED SHALL BE
19 AUTHORIZED BY RESOLUTION OF THE BOARD OF THE AUTHORITY AND SHALL
20 BE OF SUCH SERIES, BEAR SUCH DATE OR DATES, MATURE AT SUCH TIME
21 OR TIMES NOT EXCEEDING 40 YEARS FROM THEIR RESPECTIVE DATES,
22 BEAR INTEREST AT SUCH RATE OR RATES AS SHALL BE DETERMINED BY
23 THE BOARD AS NECESSARY TO ISSUE AND SELL THE AUTHORIZED BONDS,
24 BE IN SUCH DENOMINATIONS, BE IN SUCH FORM, EITHER COUPON OR
25 FULLY REGISTERED WITHOUT COUPONS, CARRY SUCH REGISTRATION,
26 EXCHANGEABILITY AND INTERCHANGEABILITY PRIVILEGES, BE PAYABLE IN
27 SUCH MEDIUM OF PAYMENT AND AT SUCH PLACE OR PLACES, BE SUBJECT
28 TO SUCH TERMS OF REDEMPTION AND BE ENTITLED TO SUCH PRIORITIES
29 IN THE REVENUES OR RECEIPTS OF THE AUTHORITY, AS THE RESOLUTION
30 OR RESOLUTIONS MAY PROVIDE. THE BONDS SHALL BE SIGNED BY OR
19930H0317B4449 - 14 -
1 SHALL BEAR THE FACSIMILE SIGNATURES OF SUCH OFFICERS AS THE
2 AUTHORITY SHALL DETERMINE, AND COUPON BONDS SHALL HAVE ATTACHED
3 THERETO INTEREST COUPONS BEARING THE FACSIMILE SIGNATURE OF THE
4 TREASURER OF THE AUTHORITY, AND ALL BONDS SHALL BE AUTHENTICATED
5 BY AN AUTHENTICATING AGENT, FISCAL AGENT OR TRUSTEE, ALL AS MAY
6 BE PRESCRIBED IN SUCH RESOLUTION OR RESOLUTIONS. THE BONDS MAY
7 BE ISSUED AND DELIVERED NOTWITHSTANDING THAT ONE OR MORE OF THE
8 OFFICERS SIGNING THE BONDS OR THE TREASURER WHOSE FACSIMILE
9 SIGNATURE SHALL BE UPON THE COUPON SHALL HAVE CEASED TO BE SUCH
10 OFFICER OR OFFICERS AT THE TIME WHEN THE BONDS SHALL ACTUALLY BE
11 DELIVERED.
12 (B) SALE OF BONDS.--THE BONDS MAY BE SOLD AT PUBLIC SALE OR
13 PRIVATE NEGOTIATED SALE FOR SUCH PRICE OR PRICES AND AT SUCH
14 RATE OF INTEREST AS THE AUTHORITY SHALL DETERMINE. PENDING THE
15 PREPARATION OF THE DEFINITIVE BONDS, INTERIM RECEIPTS MAY BE
16 ISSUED TO THE PURCHASER OR PURCHASERS OF THE BONDS AND MAY
17 CONTAIN SUCH TERMS AND CONDITIONS AS THE AUTHORITY MAY
18 DETERMINE.
19 (C) BONDS TO BE NEGOTIABLE INSTRUMENTS.--THE BONDS SHALL
20 HAVE THE QUALITIES OF NEGOTIABLE INSTRUMENTS UNDER 13 PA.C.S.
21 (RELATING TO COMMERCIAL CODE).
22 (D) USE OF NET PROCEEDS.--THE NET PROCEEDS OF THE ISSUE OF
23 BONDS OR NOTES MAY BE USED TO PAY THE COSTS OF THE PROJECT OR TO
24 REIMBURSE COSTS INITIALLY PAID BY A STATE PUBLIC BODY, THE
25 COUNTY, ANOTHER POLITICAL SUBDIVISION, AN AGENCY, AN
26 ORGANIZATION OR A PERSON.
27 (E) REFUNDING AUTHORIZED.--
28 (1) SUBJECT TO THE PROVISIONS OF THE OUTSTANDING BONDS,
29 NOTES OR OTHER OBLIGATIONS AND SUBJECT TO THE PROVISIONS OF
30 THIS ACT, THE AUTHORITY SHALL HAVE THE RIGHT AND POWER TO
19930H0317B4449 - 15 -
1 REFUND OUTSTANDING DEBT, IN WHOLE OR IN PART, AT ANY TIME AND
2 SHALL HAVE THE RIGHT AND POWER TO REFUND OUTSTANDING NOTES
3 WITH BONDS OR BONDS WITH NOTES.
4 (2) AS USED IN THIS SUBSECTION, THE TERM "REFUND" AND
5 ITS VARIATIONS MEANS THE ISSUANCE AND SALE OF OBLIGATIONS THE
6 PROCEEDS OF WHICH ARE USED OR ARE TO BE USED FOR THE PAYMENT
7 OR REDEMPTION OF OUTSTANDING OBLIGATIONS UPON OR PRIOR TO
8 MATURITY.
9 SECTION 8. PROVISIONS OF BONDS, TRUSTS, INDENTURES AND
10 MORTGAGES.
11 IN CONNECTION WITH THE ISSUANCE OF BONDS OR THE INCURRING OF
12 OBLIGATIONS UNDER LEASES, AND IN ORDER TO SECURE THE PAYMENT OF
13 SUCH BONDS AND OBLIGATIONS, THE AUTHORITY, IN ADDITION TO ITS
14 OTHER POWERS, SHALL HAVE THE POWER TO:
15 (1) PLEDGE ALL OR PART OF ITS GROSS OR NET REVENUES TO
16 WHICH ITS RIGHT THEN EXISTS OR MAY THEREAFTER COME INTO
17 EXISTENCE.
18 (2) MORTGAGE ALL OR PART OF ITS REAL OR PERSONAL
19 PROPERTY THEN OWNED OR THEREAFTER ACQUIRED.
20 (3) COVENANT AGAINST PLEDGING ALL OR PART OF ITS
21 REVENUES, OR AGAINST MORTGAGING ALL OR PART OF ITS REAL OR
22 PERSONAL PROPERTY TO WHICH ITS RIGHT OR TITLE EXISTS OR MAY
23 THEREAFTER COME INTO EXISTENCE, OR AGAINST PERMITTING OR
24 SUFFERING A LIEN ON SUCH REVENUES OR PROPERTY; TO COVENANT
25 WITH RESPECT TO LIMITATIONS ON ITS RIGHT TO SELL, LEASE OR
26 OTHERWISE DISPOSE OF ITS REAL PROPERTY; AND TO COVENANT AS TO
27 WHAT OTHER OR ADDITIONAL DEBTS OR OBLIGATIONS MAY BE INCURRED
28 BY IT.
29 (4) COVENANT AS TO THE BONDS TO BE ISSUED AND AS TO THE
30 ISSUANCE OF THE BONDS, IN ESCROW OR OTHERWISE, AND AS TO THE
19930H0317B4449 - 16 -
1 USE AND DISPOSITION OF THE PROCEEDS; TO PROVIDE FOR THE
2 REPLACEMENT OF LOST, DESTROYED OR MUTILATED BONDS, TO
3 COVENANT AGAINST EXTENDING THE TIME FOR THE PAYMENT OF ITS
4 BONDS OR INTEREST; AND TO REDEEM THE BONDS, AND TO COVENANT
5 FOR AND PROVIDE THE TERMS AND CONDITIONS FOR THEIR
6 REDEMPTION.
7 (5) COVENANT AS TO THE AMOUNT AND THE USE AND
8 DISPOSITION OF REVENUES TO BE RAISED EACH YEAR OR OTHER
9 PERIOD OF TIME BY THE AUTHORITY, TO CREATE OR TO AUTHORIZE
10 THE CREATION OF SPECIAL FUNDS FOR DEBT SERVICE OR OTHER
11 PURPOSES, AND TO COVENANT AS TO THE USE AND DISPOSITION OF
12 THE MONEYS HELD IN SUCH FUNDS.
13 (6) PRESCRIBE THE PROCEDURE, IF ANY, BY WHICH THE TERMS
14 OF A CONTRACT WITH BONDHOLDERS MAY BE AMENDED OR ABROGATED,
15 THE AMOUNT OF BONDS, THE HOLDERS OF WHICH MUST CONSENT
16 THERETO AND THE MANNER IN WHICH CONSENT MAY BE GIVEN.
17 (7) COVENANT AS TO THE USE OF ITS REAL OR PERSONAL
18 PROPERTY, TO WARRANT ITS TITLE AND TO COVENANT AS TO THE
19 MAINTENANCE AND REPLACEMENT OF ITS REAL AND PERSONAL
20 PROPERTY, THE INSURANCE TO BE CARRIED ON THE PROPERTY AND THE
21 USE AND DISPOSITION OF INSURANCE MONEYS.
22 (8) COVENANT AS TO THE RIGHTS, LIABILITIES, POWERS AND
23 DUTIES ARISING UPON THE BREACH BY IT OF ANY COVENANT,
24 CONDITION OR OBLIGATION, AND TO COVENANT AND PRESCRIBE, IN
25 THE EVENT OF DEFAULT, AS TO TERMS AND CONDITIONS UPON WHICH
26 ITS BONDS OR OBLIGATIONS SHALL BECOME OR MAY BE DECLARED DUE
27 BEFORE MATURITY AND AS TO THE TERMS AND CONDITIONS UPON WHICH
28 SUCH DECLARATION AND ITS CONSEQUENCES MAY BE WAIVED.
29 (9) VEST IN A TRUSTEE OR THE HOLDERS OF BONDS, OR ANY
30 PROPORTION OF THEM, THE RIGHT TO ENFORCE THE PAYMENT OF THE
19930H0317B4449 - 17 -
1 BONDS OR ANY COVENANTS SECURING OR RELATING TO THE BONDS; TO
2 VEST IN A TRUSTEE THE RIGHT, IN THE EVENT OF A DEFAULT BY THE
3 AUTHORITY, TO TAKE POSSESSION AND USE, OPERATE AND MANAGE ANY
4 REAL PROPERTY AND TO COLLECT THE RENTS AND REVENUES ARISING
5 THEREFROM AND TO DISPOSE OF SUCH MONEYS IN ACCORDANCE WITH
6 THE AGREEMENT OF THE AUTHORITY WITH THE TRUSTEE; TO PROVIDE
7 FOR THE POWERS AND DUTIES OF A TRUSTEE AND TO LIMIT THE
8 TRUSTEE'S LIABILITIES; AND TO PROVIDE THE TERMS AND
9 CONDITIONS UPON WHICH THE TRUSTEE OR THE HOLDERS OF BONDS, OR
10 ANY PROPORTION OF THEM, MAY ENFORCE COVENANTS OR RIGHTS
11 SECURING OR RELATING TO THE BONDS.
12 (10) OBTAIN LETTERS OF CREDIT AND BOND INSURANCE.
13 (11) EXERCISE ALL OR ANY PART OR COMBINATION OF THE
14 POWERS GRANTED IN THIS SECTION, TO MAKE COVENANTS OTHER THAN
15 AND IN ADDITION TO THE COVENANTS EXPRESSLY AUTHORIZED IN THIS
16 SECTION, TO MAKE SUCH COVENANTS AND TO DO ANY AND ALL SUCH
17 ACTS AND THINGS AS MAY BE NECESSARY OR CONVENIENT OR
18 DESIRABLE IN ORDER TO SECURE ITS BONDS OR, IN THE ABSOLUTE
19 DISCRETION OF THE AUTHORITY, AS WILL TEND TO ACCOMPLISH THE
20 PURPOSES OF THIS ACT BY MAKING THE BONDS MORE MARKETABLE
21 NOTWITHSTANDING THAT SUCH COVENANTS, ACTS OR THINGS MAY NOT
22 BE SPECIFICALLY ENUMERATED IN THIS SECTION.
23 SECTION 9. REMEDIES OF OBLIGEE OF AUTHORITY.
24 AN OBLIGEE OF THE AUTHORITY SHALL HAVE THE RIGHT, IN ADDITION
25 TO ALL OTHER RIGHTS WHICH MAY BE CONFERRED ON THE OBLIGEE,
26 SUBJECT ONLY TO ANY CONTRACTUAL RESTRICTIONS BINDING UPON THE
27 OBLIGEE:
28 (1) BY MANDAMUS, SUIT, ACTION OR PROCEEDING AT LAW OR IN
29 EQUITY, TO COMPEL THE AUTHORITY AND ITS MEMBERS, OFFICERS,
30 AGENTS OR EMPLOYEES TO PERFORM EACH AND EVERY TERM, PROVISION
19930H0317B4449 - 18 -
1 AND COVENANT CONTAINED IN ANY BOND OR CONTRACT OF THE
2 AUTHORITY WITH OR FOR THE BENEFIT OF THE OBLIGEE AND TO
3 REQUIRE THE CARRYING OUT OF ANY OR ALL SUCH COVENANTS AND
4 AGREEMENTS OF THE AUTHORITY AND THE FULFILLMENT OF ALL DUTIES
5 IMPOSED UPON THE AUTHORITY BY THIS ACT.
6 (2) BY PROCEEDING IN EQUITY, TO OBTAIN AN INJUNCTION
7 AGAINST ANY ACTS OR THINGS WHICH MAY BE UNLAWFUL OR THE
8 VIOLATION OF ANY OF THE RIGHTS OF THE OBLIGEE.
9 SECTION 10. ADDITIONAL REMEDIES CONFERRABLE BY AUTHORITY.
10 (A) ADDITIONAL REMEDIES.--THE AUTHORITY SHALL HAVE POWER, BY
11 ITS RESOLUTION, TRUST, INDENTURE OR MORTGAGE, TO CONFER UPON ANY
12 OBLIGEES HOLDING OR REPRESENTING A SPECIFIED PERCENTAGE OF BONDS
13 THE RIGHT, IN ADDITION TO ALL RIGHTS THAT MAY OTHERWISE BE
14 CONFERRED, UPON THE HAPPENING OF AN EVENT OF DEFAULT AS DEFINED
15 IN THE RESOLUTION OR INSTRUMENT, BY SUIT, ACTION OR PROCEEDING
16 IN A COURT OF COMPETENT JURISDICTION:
17 (1) TO OBTAIN THE APPOINTMENT OF A RECEIVER OF ANY REAL
18 PROPERTY OR LEASEHOLD INTEREST OF THE AUTHORITY AND OF THE
19 RENTS AND PROFITS THEREFROM; IF A RECEIVER BE APPOINTED, HE
20 MAY ENTER AND TAKE POSSESSION OF THE REAL PROPERTY OR ANY
21 LEASEHOLD INTEREST, OPERATE THE SAME AND COLLECT AND RECEIVE
22 ALL REVENUES OR OTHER INCOME THEREAFTER ARISING THEREFROM,
23 AND SHALL KEEP THE MONEY IN A SEPARATE ACCOUNT AND APPLY THE
24 SAME IN ACCORDANCE WITH THE OBLIGATIONS OF THE AUTHORITY AS
25 THE COURT SHALL DIRECT; OR
26 (2) TO REQUIRE THE AUTHORITY AND ITS MEMBERS TO ACCOUNT
27 AS IF IT AND THEY WERE THE TRUSTEES OF AN EXPRESS TRUST.
28 (B) AUTHORITY OF RECEIVER.--NOTHING IN THIS ACT SHALL
29 AUTHORIZE A RECEIVER APPOINTED PURSUANT TO THIS ACT FOR THE
30 PURPOSE OF OPERATING AND MAINTAINING ANY FACILITIES OF THE
19930H0317B4449 - 19 -
1 AUTHORITY TO SELL, ASSIGN, MORTGAGE OR OTHERWISE DISPOSE OF ANY
2 OF THE ASSETS, OF WHATEVER KIND OR CHARACTER, BELONGING TO THE
3 AUTHORITY. IT IS THE INTENTION OF THIS ACT TO LIMIT THE POWERS
4 OF THE RECEIVER TO THE OPERATION AND MAINTENANCE OF THE
5 FACILITIES OF THE AUTHORITY AS THE COURT SHALL DIRECT, AND NO
6 HOLDER OR HOLDERS OF BONDS OF THE AUTHORITY NOR ANY TRUSTEE OR
7 OTHER OBLIGEE SHALL EVER HAVE THE RIGHT IN ANY SUIT, ACTION OR
8 PROCEEDING, AT LAW OR IN EQUITY, TO COMPEL A RECEIVER, NOR SHALL
9 ANY RECEIVER EVER BE AUTHORIZED OR COURT BE EMPOWERED TO DIRECT
10 THE RECEIVER TO SELL, ASSIGN, MORTGAGE OR OTHERWISE DISPOSE OF
11 ANY ASSETS, OF WHATEVER KIND OR CHARACTER, BELONGING TO THE
12 AUTHORITY.
13 SECTION 11. GOVERNING BOARD.
14 (A) POWER.--THE POWER OF THE AUTHORITY SHALL BE EXERCISED BY
15 A GOVERNING BOARD COMPOSED OF SEVEN MEMBERS.
16 (1) THE GOVERNING BODIES OF THE COUNTY SEAT IN WHICH THE
17 CONVENTION CENTER IS LOCATED SHALL APPOINT THREE MEMBERS. THE
18 TERM OF OFFICE OF THESE MEMBERS SHALL BE FOUR YEARS. THE
19 TERMS OF THE FIRST THREE MEMBERS APPOINTED SHALL BE ALLOCATED
20 BETWEEN THEM FOR A TWO-YEAR, THREE-YEAR AND FOUR-YEAR TERM,
21 RESPECTIVELY.
22 (2) THE GOVERNING BODY IN WHICH THE CONVENTION CENTER IS
23 LOCATED SHALL APPOINT THREE MEMBERS. THE TERM OF OFFICE OF
24 THESE MEMBERS SHALL BE FOUR YEARS. THE TERMS OF THE FIRST
25 THREE MEMBERS APPOINTED SHALL BE ALLOCATED BETWEEN THEM FOR A
26 TWO-YEAR, THREE-YEAR AND FOUR-YEAR TERM, RESPECTIVELY.
27 (3) THE TWO GOVERNING BODIES SHALL ALTERNATE IN THE
28 APPOINTMENT OF THE SEVENTH BOARD MEMBER. THE GOVERNING BODY
29 OF THE COUNTY SHALL MAKE THE FIRST APPOINTMENT OF THE SEVENTH
30 BOARD MEMBER, WHOSE TERM SHALL BE FOR FOUR YEARS.
19930H0317B4449 - 20 -
1 (4) IF THE AUTHORITY CREATED PURSUANT TO SECTION 4 IS
2 CREATED BY THE COUNTY ACTING ALONE, THE GOVERNING BODY OF THE
3 COUNTY IN WHICH THE CONVENTION CENTER IS LOCATED SHALL
4 APPOINT ALL SEVEN MEMBERS OF THE BOARD. THE TERM OF OFFICE OF
5 THESE MEMBERS SHALL BE FOUR YEARS. THE TERMS OF THE FIRST
6 MEMBERS APPOINTED SHALL BE ALLOCATED AMONG THEM AS FOLLOWS: A
7 ONE-YEAR TERM, TWO TWO-YEAR TERMS, TWO THREE-YEAR TERMS AND
8 TWO FOUR-YEAR TERMS. AT LEAST ONE MEMBER SHALL BE A
9 REPRESENTATIVE OF THE TOURIST PROMOTION AGENCY OF THE COUNTY.
10 (B) TERMS AND VACANCIES.--EXCEPT AS OTHERWISE PROVIDED,
11 MEMBERS SHALL SERVE A FOUR-YEAR TERM FROM THE DATE OF THEIR
12 APPOINTMENT AND UNTIL THEIR SUCCESSORS HAVE BEEN APPOINTED AND
13 QUALIFIED. IF A VACANCY SHALL OCCUR BY MEANS OF THE DEATH,
14 DISQUALIFICATION, RESIGNATION OR REMOVAL OF A MEMBER, SUBJECT TO
15 THE PROVISIONS OF SUBSECTION (A), THE APPOINTING AUTHORITY SHALL
16 APPOINT A SUCCESSOR TO FILL THE UNEXPIRED TERM.
17 (C) COMPENSATION.--SUBJECT TO SUCH AGGREGATE PER ANNUM
18 LIMITATION AND OTHER RULES AND REGULATIONS AS THE BOARD SHALL
19 DETERMINE, A MEMBER SHALL RECEIVE $100 PER BOARD MEETING.
20 (D) ORGANIZATION.--THE MEMBERS OF THE BOARD SHALL SELECT
21 FROM AMONG THEMSELVES A CHAIRMAN AND SUCH OTHER OFFICERS AS THE
22 BOARD MAY DETERMINE. EXCEPT AS OTHERWISE PROVIDED, ALL ACTIONS
23 OF THE BOARD SHALL BE TAKEN BY A VOTE OF AT LEAST FOUR MEMBERS
24 OF THE BOARD, WHICH SHALL CONSTITUTE A MAJORITY OF THE BOARD,
25 UNLESS THE BYLAWS OF THE AUTHORITY SHALL PROVIDE FOR A MAJORITY
26 VOTE BY A PRESENT QUORUM IN THE ABSENCE OF A FULL BOARD. THE
27 BOARD SHALL HAVE FULL AUTHORITY TO MANAGE THE PROPERTIES AND
28 BUSINESS OF THE AUTHORITY AND TO PRESCRIBE, AMEND AND REPEAL
29 BYLAWS, RULES AND REGULATIONS GOVERNING THE MANNER IN WHICH THE
30 BUSINESS OF THE AUTHORITY MAY BE CONDUCTED AND THE POWERS
19930H0317B4449 - 21 -
1 GRANTED TO IT MAY BE EXERCISED AND EMBODIED. NOTWITHSTANDING ANY
2 OTHER LAW, COURT DECISION, PRECEDENT OR PRACTICE TO THE
3 CONTRARY, NO ACTIONS BY OR ON BEHALF OF THE BOARD SHALL BE TAKEN
4 BY AN OFFICER OF THE BOARD EXCEPT UPON THE APPROVAL OF THE
5 BOARD. AS USED IN THIS SUBSECTION, THE TERM "ACTIONS BY OR ON
6 BEHALF OF THE BOARD" MEANS ANY ACTION WHATSOEVER OF THE BOARD,
7 INCLUDING, BUT NOT LIMITED TO, THE HIRING, APPOINTMENT, REMOVAL,
8 TRANSFER, PROMOTION OR DEMOTION OF ANY OFFICERS AND EMPLOYEES,
9 THE RETENTION, USE OR REMUNERATION OF ADVISORS, COUNSEL,
10 AUDITORS, ARCHITECTS, ENGINEERS OR CONSULTANTS, THE INITIATION
11 OF LEGAL ACTION, THE MAKING OF CONTRACTS, LEASES, AGREEMENTS,
12 BONDS, NOTES OR COVENANTS, THE APPROVAL OF REQUISITIONS,
13 PURCHASE ORDERS, INVESTMENTS AND REINVESTMENTS, AND THE
14 ADOPTION, AMENDMENT, REVISION OR RESCISSION OF RULES AND
15 REGULATIONS, ORDERS OR OTHER DIRECTIVES.
16 (E) NONLIABILITY OF MEMBERS.--MEMBERS OF THE BOARD SHALL NOT
17 BE LIABLE PERSONALLY ON THE BONDS OR OTHER OBLIGATIONS OF THE
18 AUTHORITY, AND THE RIGHTS OF CREDITORS SHALL BE SOLELY AGAINST
19 THE AUTHORITY. THE AUTHORITY, ITSELF OR BY CONTRACT, SHALL
20 DEFEND BOARD MEMBERS, AND THE AUTHORITY SHALL INDEMNIFY AND HOLD
21 HARMLESS BOARD MEMBERS, WHETHER CURRENTLY EMPLOYED BY THE
22 AUTHORITY OR NOT, AGAINST AND FROM ANY AND ALL PERSONAL
23 LIABILITIES, ACTIONS, CAUSES OF ACTION AND CLAIMS MADE AGAINST
24 THEM FOR WHATEVER ACTIONS THEY PERFORM WITHIN THE SCOPE OF THEIR
25 DUTIES AS BOARD MEMBERS.
26 SECTION 12. SOVEREIGN IMMUNITY.
27 IT IS HEREBY DECLARED TO BE THE INTENT OF THE GENERAL
28 ASSEMBLY THAT THE AUTHORITY CREATED PURSUANT TO THIS ACT AND ITS
29 OFFICERS, OFFICIALS AND EMPLOYEES SHALL ENJOY SOVEREIGN AND
30 OFFICIAL IMMUNITY, AS PROVIDED IN 1 PA.C.S. § 2310 (RELATING TO
19930H0317B4449 - 22 -
1 SOVEREIGN IMMUNITY REAFFIRMED; SPECIFIC WAIVER) AND REMAIN
2 IMMUNE FROM SUIT EXCEPT AS PROVIDED BY AND SUBJECT TO THE
3 PROVISIONS OF 42 PA.C.S. §§ 8501 (RELATING TO DEFINITIONS)
4 THROUGH 8528 (RELATING TO LIMITATIONS ON DAMAGES).
5 NOTWITHSTANDING THE PROVISIONS OF 42 PA.C.S. § 8525 (RELATING TO
6 LEGAL ASSISTANCE), THE AUTHORITY THROUGH ITS COUNSEL SHALL
7 DEFEND ACTIONS BROUGHT AGAINST THE AUTHORITY AND ITS OFFICERS
8 AND EMPLOYEES WHEN ACTING WITHIN THE SCOPE OF THEIR OFFICIAL
9 DUTIES.
10 SECTION 13. MONEYS OF AUTHORITY.
11 (A) PAID TO TREASURER.--ALL MONEYS OF THE AUTHORITY, FROM
12 WHATEVER SOURCE DERIVED, SHALL BE PAID TO THE TREASURER OF THE
13 AUTHORITY.
14 (B) FUNDS TO BE INVESTED.--THE BOARD SHALL INVEST AUTHORITY
15 FUNDS CONSISTENT WITH SOUND BUSINESS PRACTICE.
16 (C) INVESTMENT PROGRAM.--THE BOARD SHALL PROVIDE FOR AN
17 INVESTMENT PROGRAM SUBJECT TO RESTRICTIONS CONTAINED IN THIS ACT
18 AND IN ANY OTHER APPLICABLE STATUTE AND RULES AND REGULATIONS
19 ADOPTED BY THE BOARD.
20 (D) AUTHORIZED TYPES OF INVESTMENTS.--AUTHORIZED TYPES OF
21 INVESTMENTS FOR AUTHORITY FUNDS SHALL BE:
22 (1) DIRECT OBLIGATIONS OF OR OBLIGATIONS GUARANTEED BY
23 THE UNITED STATES.
24 (2) A BOND, DEBENTURE, NOTE, PARTICIPATION CERTIFICATE
25 OR OTHER SIMILAR OBLIGATION ISSUED BY ANY ONE OR COMBINATION
26 OF THE FOLLOWING AGENCIES: GOVERNMENT NATIONAL MORTGAGE
27 CORPORATION, FEDERAL LAND BANKS, FEDERAL HOME LOAN BANKS,
28 FEDERAL INTERMEDIATE CREDIT BANKS, BANKS FOR COOPERATIVES,
29 TENNESSEE VALLEY AUTHORITY, UNITED STATES POSTAL SERVICE,
30 FARMERS HOME ADMINISTRATION, STUDENT LOAN MARKETING
19930H0317B4449 - 23 -
1 ASSOCIATION AND EXPORT-IMPORT BANK OF THE UNITED STATES.
2 (3) A BOND, DEBENTURE, NOTE, PARTICIPATION CERTIFICATE
3 OR OTHER SIMILAR OBLIGATION ISSUED BY THE FEDERAL NATIONAL
4 MORTGAGE CORPORATION TO THE EXTENT SUCH OBLIGATIONS ARE
5 GUARANTEED BY THE GOVERNMENT NATIONAL MORTGAGE CORPORATION OR
6 ISSUED BY ANOTHER FEDERAL AGENCY AND BACKED BY THE FULL FAITH
7 AND CREDIT OF THE UNITED STATES.
8 (4) DEPOSITS IN INTEREST-BEARING TIME OR DEMAND
9 DEPOSITS, OR CERTIFICATES OF DEPOSIT, FULLY INSURED BY THE
10 FEDERAL DEPOSIT INSURANCE CORPORATION, OR ITS SUCCESSORS, OR
11 THE FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION, OR ITS
12 SUCCESSOR, OR FULLY SECURED BY ANY OF THE OBLIGATIONS
13 DESCRIBED ABOVE TO THE EXTENT NOT SO INSURED.
14 (5) REPURCHASE AGREEMENTS RELATING TO, OR INVESTMENT
15 AGREEMENTS SECURED BY OR PROVIDING FOR THE ACQUISITION OF
16 AND, IF APPLICABLE, RESALE OF, OBLIGATIONS DESCRIBED IN
17 PARAGRAPHS (1) THROUGH (4) OR OBLIGATIONS OF THE FEDERAL HOME
18 LOAN MORTGAGE CORPORATION OR THE FEDERAL NATIONAL MORTGAGE
19 ASSOCIATION, WITH:
20 (I) BANKS OR TRUST COMPANIES, WHICH MAY INCLUDE A
21 BANKING ENTITY OR DEPOSITORY;
22 (II) BROKERS OR BROKER-DEALERS REGISTERED UNDER THE
23 SECURITIES EXCHANGE ACT OF 1934 (48 STAT. 881, 15 U.S.C.
24 §§ 78A-78JJ) ACCEPTABLE TO THE AUTHORITY; OR
25 (III) INSURANCE COMPANIES RATED A+ OR BETTER BY
26 BEST'S AND HAVING A NET CAPITAL AND SURPLUS OF AT LEAST
27 $25,000,000 OR CERTIFICATES OF DEPOSIT WITH BANKS OR
28 TRUST COMPANIES FULLY SECURED AS TO PRINCIPAL AND ACCRUED
29 INTEREST BY OBLIGATIONS DESCRIBED IN PARAGRAPHS (1)
30 THROUGH (4) DEPOSITED WITH OR SUBJECT TO THE CONTROL OF
19930H0317B4449 - 24 -
1 THE AUTHORITY.
2 (6) MONEY MARKET DEPOSIT ACCOUNTS OF BANKS OR TRUST
3 COMPANIES HAVING A NET CAPITAL AND SURPLUS OF AT LEAST
4 $25,000,000, WHICH MAY INCLUDE A BANKING ENTITY OR
5 DEPOSITORY.
6 (7) THE DESCRIPTION OF AUTHORIZED INVESTMENTS AS SET
7 FORTH IN PARAGRAPHS (5) AND (6) SHALL BE MET ONLY IF THE
8 AGREEMENTS REFERENCED THEREIN PROVIDE FOR THE REPAYMENT OF
9 THE PRINCIPAL AMOUNT INVESTED AT AN AMOUNT NOT LESS THAN THAT
10 SO INVESTED. WHENEVER SECURITY IS REQUIRED AS SET FORTH IN
11 PARAGRAPHS (4) THROUGH (6), THE SECURITY SHALL BE DEPOSITED
12 WITH THE TREASURER OF THE AUTHORITY OR BE HELD BY A TRUSTEE
13 OR AGENT SATISFACTORY TO THE AUTHORITY. MONEYS OF THE
14 AUTHORITY SHALL BE PAID OUT ON THE WARRANT OR OTHER ORDER OF
15 THE CHAIRMAN OF THE AUTHORITY OR OF SUCH OTHER PERSON OR
16 PERSONS AS THE AUTHORITY MAY AUTHORIZE TO EXECUTE WARRANTS OR
17 ORDERS.
18 (E) ANNUAL REPORT TO BE FILED; ANNUAL AUDITS.--AN AUTHORITY
19 CREATED UNDER THIS ACT SHALL FILE AN ANNUAL REPORT WITH THE
20 DEPARTMENT OF COMMERCE AND WITH THE COUNTY AND POLITICAL
21 SUBDIVISION CONSTITUTING THE COUNTY SEAT, WHICH SHALL MAKE
22 PROVISIONS FOR THE ACCOUNTING OF REVENUES AND EXPENSES. THE
23 AUTHORITY SHALL HAVE ITS BOOKS, ACCOUNTS AND RECORDS AUDITED
24 ANNUALLY IN ACCORDANCE WITH GENERALLY ACCEPTED AUDITING
25 STANDARDS BY AN INDEPENDENT AUDITOR WHO SHALL BE A CERTIFIED
26 PUBLIC ACCOUNTANT, AND A COPY OF HIS AUDIT REPORT SHALL BE
27 ATTACHED TO AND BE MADE A PART OF THE ANNUAL REPORT. A CONCISE
28 FINANCIAL STATEMENT SHALL BE PUBLISHED ANNUALLY IN A NEWSPAPER
29 OF GENERAL CIRCULATION IN THE COUNTY WHERE THE AUTHORITY IS
30 LOCATED.
19930H0317B4449 - 25 -
1 (F) POWER OF INSPECTION.--THE ATTORNEY GENERAL, AUDITOR
2 GENERAL, SECRETARY OF THE BUDGET AND THE CHAIRMAN AND MINORITY
3 CHAIRMAN OF THE APPROPRIATIONS COMMITTEE OF THE SENATE AND THE
4 CHAIRMAN AND THE MINORITY CHAIRMAN OF THE APPROPRIATIONS
5 COMMITTEE OF THE HOUSE OF REPRESENTATIVES SHALL HAVE THE RIGHT
6 TO EXAMINE THE BOOKS, ACCOUNTS AND RECORDS OF THE AUTHORITY.
7 SECTION 14. TRANSFER OF EXISTING FACILITIES OR FUNDS; MAKING OF
8 ANNUAL GRANTS AND LEASE PAYMENTS TO AUTHORITY.
9 (A) AUTHORITY GRANTED.--A STATE PUBLIC BODY OR POLITICAL
10 SUBDIVISION MAY AND IS HEREBY AUTHORIZED TO SELL, LEASE OR
11 SUBLEASE FROM OR TO, LEND, GRANT, CONVEY OR OTHERWISE TRANSFER
12 OR PAY OVER TO THE AUTHORITY, WITH OR WITHOUT CONSIDERATION, A
13 CONVENTION CENTER, OR PARTS THEREOF, OR AN INTEREST IN PROPERTY,
14 REAL, PERSONAL OR MIXED, TANGIBLE OR INTANGIBLE, OR ANY FUNDS
15 AVAILABLE, NEEDED OR OBLIGATED FOR DEVELOPMENT, ACQUISITION,
16 DESIGN, MAINTENANCE, MANAGEMENT, OPERATION, FINANCING, LEASING
17 OR SUBLEASING, CONSTRUCTION OR IMPROVEMENT PURPOSES, INCLUDING
18 THE PROCEEDS OF BONDS PREVIOUSLY OR HEREAFTER ISSUED FOR
19 CONSTRUCTION OR IMPROVEMENT OF A CONVENTION CENTER, OR PARTS
20 THEREOF. PROPERTY, FUNDS OR A CONVENTION CENTER, OR PARTS
21 THEREOF, RECEIVED BY THE AUTHORITY MAY BE USED FOR ANY LAWFUL
22 PURPOSE OF THE AUTHORITY. NOTHING IN THIS ACT NOR IN ANY OTHER
23 LAW SHALL BE DEEMED TO MAKE AN AUTHORITY OR PERSON A STATE-
24 SUPPORTED OR STATE-AIDED INSTITUTION UNDER ANY LAW OF THIS
25 COMMONWEALTH.
26 (B) GRANTS AUTHORIZED.--THE GOVERNING BODIES OF THE COUNTY
27 AND COUNTY SEAT MAY AND ARE HEREBY AUTHORIZED TO MAKE GRANTS
28 FROM CURRENT REVENUES TO THE AUTHORITY AND TO ASSIST IN
29 DEFRAYING THE COSTS OF MANAGEMENT, OPERATION, MAINTENANCE,
30 FINANCING AND DEBT SERVICE OF A CONVENTION CENTER, OR PARTS
19930H0317B4449 - 26 -
1 THEREOF, AND TO ENTER INTO LONG-TERM AGREEMENTS PROVIDING FOR
2 THE PAYMENT OF THE SAME AND TO ENTER INTO LONG-TERM LEASES OR
3 SUBLEASES AS LESSEE OR SUBLESSEE OF ALL OR PART OF A CONVENTION
4 CENTER, PROVIDED THAT OBLIGATIONS OF THE COUNTY AND COUNTY SEAT
5 TO MAKE GRANTS, LEASE OR SUBLEASE PAYMENTS TO AN AUTHORITY SHALL
6 NOT, EVEN IF BASED ON DEBT OBLIGATIONS OF AN AUTHORITY,
7 CONSTITUTE DEBTS OF THE COUNTY AND COUNTY SEAT WITHIN THE
8 MEANING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION AND SHALL
9 BE PAYABLE ONLY TO THE EXTENT THAT CURRENT REVENUES OF THE
10 COUNTY AND COUNTY SEAT ARE AVAILABLE. THE COUNTY AND COUNTY SEAT
11 MAY ISSUE GENERAL OBLIGATION BONDS FOR THE PURPOSE OF OBTAINING
12 FUNDS FOR LOCAL CONTRIBUTIONS PERTAINING TO CONVENTION CENTERS,
13 OR PARTS THEREOF.
14 (C) REDEVELOPMENT ASSISTANCE PROJECT.--THE COMMONWEALTH MAY
15 CONTRIBUTE TO THE CAPITAL COSTS OF CONSTRUCTING A CONVENTION
16 CENTER BY THE ISSUANCE OF COMMONWEALTH BONDS AND NOTES PURSUANT
17 TO ARTICLE XVI-B OF THE ACT OF APRIL 9, 1929 (P.L.343, NO.176),
18 KNOWN AS THE FISCAL CODE. A CONVENTION CENTER PROJECT UNDERTAKEN
19 BY THE AUTHORITY IS HEREBY DEEMED TO BE A REDEVELOPMENT
20 ASSISTANCE PROJECT FOR WHICH CAPITAL FUNDS OF THE COMMONWEALTH
21 MAY BE EXPENDED PURSUANT TO THE PROVISIONS OF THE ACT OF MAY 20,
22 1949 (P.L.1633, NO.493), KNOWN AS THE HOUSING AND REDEVELOPMENT
23 ASSISTANCE LAW, AND, NOTWITHSTANDING ANY PROVISIONS OF THE
24 HOUSING AND REDEVELOPMENT ASSISTANCE LAW, THE DEPARTMENT OF
25 COMMUNITY AFFAIRS IS HEREBY AUTHORIZED TO MAKE CAPITAL GRANTS
26 DIRECTLY TO THE AUTHORITY IN FURTHERANCE OF THIS ACT.
27 SECTION 15. AWARD OF CONTRACTS.
28 (A) LOWEST RESPONSIBLE BIDDER.--ALL CONSTRUCTION,
29 RECONSTRUCTION, REPAIRS OR WORK OF ANY NATURE MADE BY THE
30 AUTHORITY WHERE THE ENTIRE COST, VALUE OR AMOUNT OF THE
19930H0317B4449 - 27 -
1 CONSTRUCTION, RECONSTRUCTION, REPAIRS OR WORK, INCLUDING LABOR
2 AND MATERIALS, SHALL EXCEED $10,000, EXCEPT CONSTRUCTION,
3 RECONSTRUCTION, REPAIRS OR WORK DONE BY EMPLOYEES OF THE
4 AUTHORITY OR BY LABOR SUPPLIED UNDER AGREEMENT WITH ANY FEDERAL
5 AGENCY, STATE PUBLIC BODY OR POLITICAL SUBDIVISION, WITH
6 SUPPLIES AND MATERIALS PURCHASED AS HEREINAFTER PROVIDED, SHALL
7 BE DONE ONLY UNDER CONTRACT OR CONTRACTS TO BE ENTERED INTO BY
8 THE AUTHORITY WITH THE LOWEST RESPONSIBLE BIDDER UPON PROPER
9 TERMS, AFTER DUE PUBLIC NOTICE HAS BEEN GIVEN ASKING FOR
10 COMPETITIVE BIDS AS HEREINAFTER PROVIDED, BUT THE AUTHORITY
11 SHALL HAVE THE RIGHT TO REJECT ANY OR ALL BIDS OR SELECT A
12 SINGLE ITEM FROM ANY BID. NO CONTRACT SHALL BE ENTERED INTO FOR
13 CONSTRUCTION OR IMPROVEMENT OR REPAIR OF ANY PROJECT OR PORTION
14 THEREOF, UNLESS THE CONTRACTOR SHALL PROVIDE SUFFICIENT SURETY
15 OR SURETIES APPROVED BY THE AUTHORITY, AND IN AN AMOUNT FIXED BY
16 THE AUTHORITY, FOR THE PERFORMANCE OF THE CONTRACT. ALL
17 CONTRACTS SHALL PROVIDE, AMONG OTHER THINGS, THAT THE PERSON OR
18 CORPORATION ENTERING INTO THE CONTRACT WITH THE AUTHORITY WILL
19 PAY FOR ALL MATERIALS FURNISHED AND SERVICES RENDERED FOR THE
20 PERFORMANCE OF THE CONTRACT, AND THAT A PERSON OR CORPORATION
21 FURNISHING MATERIALS OR RENDERING SERVICES MAY MAINTAIN AN
22 ACTION TO RECOVER FOR THE SAME AGAINST THE OBLIGOR IN THE
23 UNDERTAKING, AS THOUGH THE PERSON OR CORPORATION WAS NAMED
24 THEREIN, PROVIDED THE ACTION IS BROUGHT WITHIN ONE YEAR AFTER
25 THE TIME THE CAUSE OF ACTION ACCRUED. NOTHING IN THIS SECTION
26 SHALL BE CONSTRUED TO LIMIT THE POWER OF THE AUTHORITY TO
27 CONSTRUCT, REPAIR OR IMPROVE A PROJECT OR PORTION THEREOF, OR
28 ANY ADDITION, BETTERMENT OR EXTENSION THERETO, DIRECTLY BY THE
29 OFFICERS AND EMPLOYEES OF THE AUTHORITY. THE AUTHORITY SHALL
30 AWARD THE CONSTRUCTION OF A CONVENTION CENTER ACCORDING TO THE
19930H0317B4449 - 28 -
1 PROVISIONS OF THE ACT OF MAY 1, 1913 (P.L.155, NO.104), ENTITLED
2 "AN ACT REGULATING THE LETTING OF CERTAIN CONTRACTS FOR THE
3 ERECTION, CONSTRUCTION, AND ALTERATION OF PUBLIC BUILDINGS," AND
4 SHALL BE SUBJECT TO THE ACT OF NOVEMBER 26, 1978 (P.L.1309,
5 NO.317), ENTITLED "AN ACT REGULATING THE AWARDING AND EXECUTION
6 OF CERTAIN PUBLIC CONTRACTS; PROVIDING FOR CONTRACT PROVISIONS
7 RELATING TO THE RETENTION, INTEREST, AND PAYMENT OF FUNDS
8 PAYABLE UNDER THE CONTRACTS; AND REPEALING INCONSISTENT ACTS."
9 NOTHING IN THIS SECTION OR ANY OTHER LAW OF THIS COMMONWEALTH
10 SHALL REQUIRE THE AUTHORITY TO COMPETITIVELY BID ARCHITECTURAL
11 DESIGN, ENGINEERING OR OTHER PROFESSIONAL SERVICES REQUIRED BY
12 THE AUTHORITY.
13 (B) SUPPLIES AND MATERIALS.--ALL SUPPLIES AND MATERIALS
14 COSTING $10,000 OR MORE TO BE ACQUIRED DIRECTLY BY THE AUTHORITY
15 SHALL BE PURCHASED ONLY AFTER DUE ADVERTISEMENT AS HEREINAFTER
16 PROVIDED. THE AUTHORITY SHALL ACCEPT THE LOWEST BID OR BIDS FROM
17 A RESPONSIBLE BIDDER, KIND, QUALITY AND MATERIAL BEING EQUAL,
18 BUT THE AUTHORITY SHALL HAVE THE RIGHT TO REJECT ANY OR ALL BIDS
19 OR SELECT A SINGLE ITEM FROM A BID. THE PROVISIONS AS TO BIDDING
20 SHALL NOT APPLY TO THE PURCHASE OF UNIQUE SUPPLIES AND MATERIALS
21 OR SUPPLIES AND MATERIALS WHICH CANNOT BE OBTAINED IN THE OPEN
22 MARKET.
23 (C) MANAGEMENT PREROGATIVES.--NOTHING IN THIS SECTION OR IN
24 ANY OTHER LAW OF THE COMMONWEALTH SHALL PRECLUDE THE BOARD, WITH
25 THE APPROVAL OF FIVE MEMBERS, FROM NEGOTIATING CONTRACTS FOR
26 MANAGEMENT, OPERATION, CONCESSION SERVICES, LICENSING OR LEASING
27 OF A CONVENTION CENTER, OR ANY PART THEREOF. THE AUTHORITY SHALL
28 NOT AWARD A CONTRACT TO A MANAGER, OPERATOR, CONCESSIONAIRE,
29 LICENSEE, LESSEE OR LESSOR THAT EXCEEDS THREE YEARS IN DURATION
30 UNLESS FIVE MEMBERS OF THE BOARD APPROVE THE AWARDING OF A
19930H0317B4449 - 29 -
1 CONTRACT FOR A GREATER PERIOD OF TIME.
2 (D) APPLICATION OF COUNTY OR COUNTY SEAT ORDINANCES.--THE
3 AUTHORITY, ITS CONTRACTORS, SUBCONTRACTORS, ASSIGNEES, LESSEES,
4 AGENTS, VENDORS AND SUPPLIERS SHALL NOT BE SUBJECT TO COUNTY OR
5 COUNTY SEAT LAWS, ORDINANCES, RULES OR REGULATIONS RELATING TO
6 LIMITS OR PREFERENCES WITH REGARD TO EMPLOYMENT, CONTRACTING OR
7 PROCUREMENT IN THE CONSTRUCTION AND OPERATION OF THE CONVENTION
8 CENTER.
9 (E) APPLICATION OF OTHER ACTS.--THE AUTHORITY SHALL BE
10 SUBJECT TO THE ACT OF AUGUST 15, 1961 (P.L.987, NO.442), KNOWN
11 AS THE PENNSYLVANIA PREVAILING WAGE ACT, ACT OF MARCH 3, 1978
12 (P.L.6, NO.3), KNOWN AS THE STEEL PRODUCTS PROCUREMENT ACT, AND
13 THE ACT OF APRIL 4, 1984 (P.L.193, NO.40), KNOWN AS THE MOTOR
14 VEHICLE PROCUREMENT ACT.
15 (F) DEFINITIONS.--AS USED IN THIS SECTION, THE TERMS
16 "ADVERTISEMENT" OR "PUBLIC NOTICE" MEAN A NOTICE PUBLISHED AT
17 LEAST TEN DAYS BEFORE THE AWARD OF A CONTRACT, IN A NEWSPAPER OF
18 GENERAL CIRCULATION PUBLISHED IN THE COUNTY, PROVIDED THAT THE
19 NOTICE MAY BE WAIVED WHERE THE AUTHORITY DETERMINES AN EMERGENCY
20 EXISTS AND SUPPLIES AND MATERIALS MUST BE IMMEDIATELY PURCHASED
21 BY THE AUTHORITY.
22 SECTION 16. INTERESTS OF PUBLIC OFFICERS, PUBLIC EMPLOYEES AND
23 PARTY OFFICERS.
24 (A) RESTRICTIONS UPON AUTHORITY MANAGEMENT-LEVEL
25 EMPLOYEES.--
26 (1) NO PARTY OFFICER, PUBLIC OFFICER, PUBLIC OFFICIAL OR
27 PUBLIC EMPLOYEE SHALL BE EMPLOYED AS A MANAGEMENT-LEVEL
28 AUTHORITY EMPLOYEE.
29 (2) NO PERSON CONVICTED OF AN INFAMOUS CRIME SHALL BE
30 EMPLOYED AS A MANAGEMENT-LEVEL EMPLOYEE BY THE AUTHORITY.
19930H0317B4449 - 30 -
1 (B) RESTRICTED ACTIVITIES; STATEMENT OF FINANCIAL INTERESTS;
2 PUBLIC MEETINGS AND RECORDS.--THE PROVISIONS OF THE ACT OF
3 OCTOBER 4, 1978 (P.L.883, NO.170), REFERRED TO AS THE PUBLIC
4 OFFICIAL AND EMPLOYEE ETHICS LAW, AND THE ACT OF JULY 19, 1957
5 (P.L.1017, NO.451), KNOWN AS THE STATE ADVERSE INTEREST ACT, ARE
6 HEREBY MADE SPECIFICALLY APPLICABLE TO BOARD MEMBERS, OFFICERS
7 AND EMPLOYEES OF THE AUTHORITY. FOR THE PURPOSES OF APPLICATION
8 OF THESE ACTS, EMPLOYEES OF THE AUTHORITY SHALL BE REGARDED AS
9 PUBLIC EMPLOYEES OF THE COMMONWEALTH AND OFFICERS OR BOARD
10 MEMBERS OF THE AUTHORITY SHALL BE REGARDED AS PUBLIC OFFICIALS
11 OF THE COMMONWEALTH, WHETHER OR NOT THEY RECEIVE COMPENSATION.
12 THE AUTHORITY SHALL ALSO BE SUBJECT TO ACT OF JUNE 21, 1957
13 (P.L.390, NO.212), REFERRED TO AS THE RIGHT-TO-KNOW LAW, AND THE
14 ACT OF JULY 19, 1974 (P.L.486, NO.175) REFERRED TO AS THE PUBLIC
15 AGENCY OPEN MEETING LAW, RELATING TO OPEN MEETINGS.
16 (C) CONFLICTS OF INTEREST.--NOTWITHSTANDING THE PROVISIONS
17 OF SUBSECTION (B), THE FOLLOWING PROHIBITIONS SHALL APPLY TO THE
18 AUTHORITY CREATED BY THIS ACT:
19 (1) NO MANAGEMENT-LEVEL EMPLOYEE OR OTHER EMPLOYEE OF
20 THE AUTHORITY SHALL USE HIS POSITION WITH THE AUTHORITY, OR
21 CONFIDENTIAL INFORMATION RECEIVED THROUGH HIS POSITION WITH
22 THE AUTHORITY, TO OBTAIN FINANCIAL GAIN OTHER THAN
23 COMPENSATION PROVIDED BY LAW FOR HIMSELF, A MEMBER OF HIS
24 IMMEDIATE FAMILY OR A BUSINESS WITH WHICH HE IS ASSOCIATED.
25 (2) NO PERSON SHALL OFFER OR GIVE TO A MANAGEMENT-LEVEL
26 EMPLOYEE OR OTHER EMPLOYEE OF THE BOARD OR A MEMBER OF HIS
27 IMMEDIATE FAMILY OR A BUSINESS WITH WHICH HE IS ASSOCIATED,
28 AND NO MANAGEMENT-LEVEL EMPLOYEE OR OTHER EMPLOYEE OF THE
29 BOARD SHALL SOLICIT OR ACCEPT ANYTHING OF VALUE, INCLUDING A
30 GIFT, LOAN, POLITICAL CONTRIBUTION, REWARD OR PROMISE OF
19930H0317B4449 - 31 -
1 FUTURE EMPLOYMENT, BASED ON AN UNDERSTANDING THAT THE VOTE,
2 OFFICIAL ACTION OR JUDGMENT OF THE MANAGEMENT-LEVEL EMPLOYEE
3 OR OTHER EMPLOYEE OF THE BOARD WOULD BE INFLUENCED THEREBY.
4 (3) NO MANAGEMENT-LEVEL EMPLOYEE OR OTHER EMPLOYEE OF
5 THE BOARD OR A MEMBER OF HIS IMMEDIATE FAMILY OR A BUSINESS
6 IN WHICH THE PERSON OR A MEMBER OF THE PERSON'S IMMEDIATE
7 FAMILY IS A DIRECTOR, OFFICER, OWNER OR HOLDER OF STOCK
8 EXCEEDING 5% OF THE EQUITY AT FAIR MARKET VALUE OF THE
9 BUSINESS SHALL ENTER INTO A CONTRACT VALUED AT $500 OR MORE
10 TO PROVIDE GOODS OR SERVICES TO THE AUTHORITY UNLESS THE
11 CONTRACT HAS BEEN AWARDED TO THE LOWEST RESPONSIBLE BIDDER
12 THROUGH AN OPEN AND PUBLIC PROCESS, INCLUDING PRIOR PUBLIC
13 NOTICE AND SUBSEQUENT PUBLIC DISCLOSURE OF ALL PROPOSALS
14 CONSIDERED AND CONTRACTS AWARDED.
15 (4) NO FORMER MANAGEMENT-LEVEL EMPLOYEE OR OTHER FORMER
16 EMPLOYEE OF THE BOARD SHALL REPRESENT A PERSON, WITH OR
17 WITHOUT COMPENSATION, ON ANY MATTER BEFORE THE AUTHORITY WITH
18 WHICH HE HAS BEEN ASSOCIATED FOR ONE YEAR AFTER HE LEAVES THE
19 AUTHORITY.
20 (5) AN INDIVIDUAL WHO IS A STATE, COUNTY SEAT OR COUNTY
21 PUBLIC OFFICER OR PUBLIC OFFICIAL OR A PARTY OFFICER, A
22 MEMBER OF THE IMMEDIATE FAMILY OF SUCH AN INDIVIDUAL, OR A
23 BUSINESS WITH WHICH SUCH AN INDIVIDUAL OR IMMEDIATE FAMILY
24 MEMBER IS ASSOCIATED SHALL NOT HAVE A FINANCIAL INTEREST IN A
25 CONTRACT VALUED AT $500 OR MORE TO PROVIDE GOODS OR SERVICES
26 TO THE AUTHORITY EITHER DURING THE TIME THE PERSON HOLDS THE
27 OFFICE OR FOR TWO YEARS AFTER THE PERSON TERMINATES THE
28 OFFICE, UNLESS THE CONTRACT IS EXECUTED PURSUANT TO THE
29 PROVISIONS OF PARAGRAPH (3). FOR PURPOSES OF THIS PARAGRAPH,
30 THE TERM "FINANCIAL INTEREST" SHALL NOT INCLUDE EMPLOYMENT
19930H0317B4449 - 32 -
1 BY, ASSOCIATION WITH OR OWNERSHIP OF A BUSINESS ASSOCIATION
2 UNLESS THE PUBLIC OFFICER, PUBLIC OFFICIAL, PARTY OFFICER OR
3 IMMEDIATE FAMILY MEMBER OWNS SHARES OF STOCK IN THE
4 CORPORATION IN AN AMOUNT IN EXCESS OF 5% OF THE TOTAL ISSUE
5 OF THE STOCK OF THE CORPORATION OR HAS AN OWNERSHIP INTEREST
6 IN A NONCORPORATE BUSINESS ASSOCIATION IN AN AMOUNT IN EXCESS
7 OF 5% OF THE TOTAL OWNERSHIP OF THE NONCORPORATE BUSINESS
8 ASSOCIATION.
9 (6) NO MANAGEMENT-LEVEL EMPLOYEE OR OTHER EMPLOYEE OF
10 THE BOARD NOR AN ADVISOR OR CONSULTANT TO THE COUNTY SEAT,
11 THE COUNTY OR THE STATE, HAVING RECOMMENDED TO THE AUTHORITY
12 WHICH HE SERVES EITHER THE MAKING OF A CONTRACT RELATING TO A
13 CONVENTION CENTER AUTHORITY OR A COURSE OF ACTION OF WHICH
14 THE MAKING OF SUCH A CONTRACT IS AN EXPRESS OR IMPLIED PART,
15 SHALL, AT ANY TIME THEREAFTER, HAVE AN ADVERSE INTEREST IN
16 THE CONTRACT.
17 (7) NO MANAGEMENT-LEVEL EMPLOYEE OR OTHER EMPLOYEE OF
18 THE AUTHORITY, THE COUNTY SEAT, THE COUNTY OR THE STATE SHALL
19 INFLUENCE OR ATTEMPT TO INFLUENCE THE MAKING OF OR SUPERVISE
20 OR IN ANY MANNER DEAL WITH A CONTRACT WITH THE AUTHORITY IN
21 WHICH HE HAS AN ADVERSE INTEREST.
22 (8) NO MANAGEMENT-LEVEL EMPLOYEE OR OTHER EMPLOYEE SHALL
23 HAVE AN ADVERSE INTEREST IN A CONTRACT WITH THE AUTHORITY.
24 (9) NO PERSON HAVING AN ADVERSE INTEREST IN A CONTRACT
25 WITH THE AUTHORITY SHALL BECOME A MANAGEMENT-LEVEL EMPLOYEE
26 OR OTHER EMPLOYEE OF THE AUTHORITY UNTIL THE ADVERSE INTEREST
27 SHALL HAVE BEEN WHOLLY DIVESTED.
28 (10) NO MANAGEMENT-LEVEL EMPLOYEE OR OTHER EMPLOYEE OF
29 THE AUTHORITY, THE COUNTY SEAT, THE COUNTY OR THE STATE,
30 EXCEPT IN THE PERFORMANCE OF HIS DUTIES AS AN EMPLOYEE,
19930H0317B4449 - 33 -
1 SHALL, FOR REMUNERATION, DIRECTLY OR INDIRECTLY, REPRESENT A
2 PERSON UPON A MATTER PENDING BEFORE THE AUTHORITY.
3 (D) ENFORCEMENT; PENALTIES.--
4 (1) A PERSON WHO VIOLATES THIS SECTION SHALL HAVE HIS
5 EMPLOYMENT BY THE AUTHORITY IMMEDIATELY TERMINATED BY THE
6 APPROPRIATE PERSON HAVING THE POWER TO TERMINATE AND SHALL BE
7 LIABLE TO THE AUTHORITY TO REIMBURSE THE AUTHORITY FOR ALL
8 COMPENSATION RECEIVED BY HIM FROM THE AUTHORITY WHILE
9 EMPLOYED IN VIOLATION OF SUBSECTION (A).
10 (2) A PERSON WHO VIOLATES SUBSECTION (C)(1) OR (2)
11 COMMITS A FELONY AND SHALL BE SENTENCED TO PAY A FINE OF NOT
12 MORE THAN $10,000 OR TO IMPRISONMENT FOR NOT MORE THAN FIVE
13 YEARS, OR BOTH.
14 (3) A PERSON WHO VIOLATES SUBSECTION (C)(3) THROUGH (10)
15 COMMITS A MISDEMEANOR AND SHALL BE SENTENCED TO PAY A FINE OF
16 NOT MORE THAN $1,000 OR TO IMPRISONMENT FOR NOT MORE THAN ONE
17 YEAR, OR BOTH.
18 (4) A PERSON WHO OBTAINS FINANCIAL GAIN FROM VIOLATING
19 SUBSECTION (C), IN ADDITION TO ANY OTHER PENALTY PROVIDED BY
20 LAW, SHALL PAY INTO THE ACCOUNTS OF THE AUTHORITY A SUM OF
21 MONEY EQUAL TO THREE TIMES THE FINANCIAL GAIN RESULTING FROM
22 THE VIOLATION.
23 (5) A PERSON WHO VIOLATES SUBSECTION (C) SHALL BE BARRED
24 FOR A PERIOD OF FIVE YEARS FROM ENGAGING IN ANY BUSINESS OR
25 CONTRACT WITH THE AUTHORITY, THE COUNTY SEAT, THE COUNTY, THE
26 STATE AND ALL POLITICAL SUBDIVISIONS.
27 (6) AN EMPLOYEE OF THE COUNTY SEAT, COUNTY, STATE OR ANY
28 POLITICAL SUBDIVISION OR A PUBLIC OFFICER OR PUBLIC OFFICIAL
29 WHO VIOLATES SUBSECTION (C) SHALL AUTOMATICALLY FORFEIT THE
30 OFFICE OR EMPLOYMENT HE MAY THEN HOLD.
19930H0317B4449 - 34 -
1 (7) THE PENALTIES AND SANCTIONS PROVIDED BY THIS SECTION
2 SHALL SUPERSEDE ANY SIMILAR PENALTIES AND SANCTIONS PROVIDED
3 BY THE PUBLIC OFFICIAL AND EMPLOYEE ETHICS LAW AND STATE
4 ADVERSE INTEREST ACT.
5 (E) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
6 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
7 SUBSECTION:
8 "BUSINESS." A CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP,
9 FIRM, ENTERPRISE, FRANCHISE, ASSOCIATION, ORGANIZATION, SELF-
10 EMPLOYED INDIVIDUAL, HOLDING COMPANY, JOINT-STOCK COMPANY,
11 RECEIVERSHIP, TRUST OR ANY LEGAL ENTITY ORGANIZED FOR PROFIT OR
12 AS A NOT-FOR-PROFIT CORPORATION OR ORGANIZATION.
13 "BUSINESS WITH WHICH HE IS ASSOCIATED." A BUSINESS IN WHICH
14 THE PERSON OR A MEMBER OF THE PERSON'S IMMEDIATE FAMILY IS A
15 DIRECTOR, OFFICER, OWNER, EMPLOYEE OR HOLDER OF STOCK.
16 "IMMEDIATE FAMILY." A PARENT, SPOUSE, CHILD, BROTHER, SISTER
17 OR LIKE RELATIVE-IN-LAW.
18 "INFAMOUS CRIME." A VIOLATION AND CONVICTION FOR AN OFFENSE
19 WHICH WOULD DISQUALIFY AN INDIVIDUAL FROM HOLDING PUBLIC OFFICE
20 PURSUANT TO SECTION 6 OF ARTICLE II OF THE CONSTITUTION OF
21 PENNSYLVANIA, OR A CONVICTION FOR A VIOLATION OF THIS SECTION,
22 18 PA.C.S. § 4113 (RELATING TO MISAPPLICATION OF ENTRUSTED
23 PROPERTY AND PROPERTY OF GOVERNMENT OR FINANCIAL INSTITUTIONS)
24 OR 18 PA.C.S. CH. 47 (RELATING TO BRIBERY AND CORRUPT
25 INFLUENCE), 49 (RELATING TO FALSIFICATION AND INTIMIDATION), 51
26 (RELATING TO OBSTRUCTING GOVERNMENTAL OPERATIONS) OR 53
27 (RELATING TO ABUSE OF OFFICE) OR ANY OTHER VIOLATION OF THE LAWS
28 OF THIS COMMONWEALTH FOR WHICH AN INDIVIDUAL HAS BEEN CONVICTED
29 WITHIN THE PRECEDING TEN YEARS AND WHICH IS CLASSIFIED AS A
30 FELONY, AND SIMILAR VIOLATIONS OF THE LAWS OF ANOTHER STATE OR
19930H0317B4449 - 35 -
1 THE FEDERAL GOVERNMENT.
2 "MANAGEMENT-LEVEL AUTHORITY EMPLOYEE." THE CHAIRMAN AND
3 MEMBERS OF THE BOARD OF THE AUTHORITY, COUNSEL EMPLOYED BY THE
4 AUTHORITY, THE EXECUTIVE DIRECTOR OF THE AUTHORITY AND ANY
5 AUTHORITY EMPLOYEE WITH DISCRETIONARY POWERS WHICH MAY AFFECT
6 THE OUTCOME OF THE AUTHORITY'S DECISION IN RELATION TO A PRIVATE
7 CORPORATION OR BUSINESS OR ANY EMPLOYEE WHO BY VIRTUE OF HIS JOB
8 FUNCTION COULD INFLUENCE THE OUTCOME OF THE DECISION.
9 "PARTY OFFICER." THE FOLLOWING MEMBERS OR OFFICERS OF A
10 POLITICAL PARTY:
11 (1) A MEMBER OF A NATIONAL COMMITTEE;
12 (2) A CHAIRMAN, VICE CHAIRMAN, SECRETARY, TREASURER OR
13 COUNSEL OF A STATE COMMITTEE OR MEMBER OF THE EXECUTIVE
14 COMMITTEE OF A STATE COMMITTEE;
15 (3) A CITY CHAIRMAN OR VICE CHAIRMAN OR COUNSEL,
16 SECRETARY OR TREASURER OF A CITY COMMITTEE; OR
17 (4) A COUNTY CHAIRMAN OR VICE CHAIRMAN OR COUNSEL,
18 SECRETARY OR TREASURER OF A COUNTY COMMITTEE.
19 "PERSON." A BUSINESS, INDIVIDUAL, CORPORATION, UNION,
20 ASSOCIATION, FIRM, PARTNERSHIP, COMMITTEE, CLUB OR OTHER
21 ORGANIZATION OR GROUP OF PERSONS.
22 "PUBLIC EMPLOYEE." AN INDIVIDUAL EMPLOYED BY THE
23 COMMONWEALTH OR A POLITICAL SUBDIVISION WHO IS RESPONSIBLE FOR
24 TAKING OR RECOMMENDING OFFICIAL ACTION OF A NONMINISTERIAL
25 NATURE WITH REGARD TO:
26 (1) CONTRACTING OR PROCUREMENT;
27 (2) ADMINISTERING OR MONITORING GRANTS OR SUBSIDIES;
28 (3) PLANNING OR ZONING;
29 (4) INSPECTING, LICENSING, REGULATING OR AUDITING ANY
30 PERSON; OR
19930H0317B4449 - 36 -
1 (5) ANY OTHER ACTIVITY WHERE THE OFFICIAL ACTION HAS AN
2 ECONOMIC IMPACT OF GREATER THAN A DE MINIMUS NATURE ON THE
3 INTEREST OF ANY PERSON. A PUBLIC EMPLOYEE SHALL NOT INCLUDE
4 INDIVIDUALS WHO ARE EMPLOYED BY THE STATE OR A POLITICAL
5 SUBDIVISION IN TEACHING, AS DISTINGUISHED FROM ADMINISTRATIVE
6 DUTIES.
7 "PUBLIC OFFICER." A PERSON ELECTED TO ANY PUBLIC OFFICE OF
8 THE COMMONWEALTH OR A POLITICAL SUBDIVISION.
9 "PUBLIC OFFICIAL." AN ELECTED OR APPOINTED OFFICIAL IN THE
10 EXECUTIVE, LEGISLATIVE OR JUDICIAL BRANCH OF THE STATE OR A
11 POLITICAL SUBDIVISION, PROVIDED THAT IT SHALL NOT INCLUDE
12 MEMBERS OF ADVISORY BOARDS THAT HAVE NO AUTHORITY TO EXPEND
13 PUBLIC FUNDS OTHER THAN REIMBURSEMENT FOR PERSONAL EXPENSE, OR
14 TO OTHERWISE EXERCISE THE POWER OF THE STATE OR A POLITICAL
15 SUBDIVISION. THE TERM SHALL NOT INCLUDE AN APPOINTED OFFICIAL
16 WHO RECEIVES NO COMPENSATION OTHER THAN REIMBURSEMENT FOR ACTUAL
17 EXPENSES.
18 SECTION 17. ACQUISITION OF LANDS.
19 THE AUTHORITY SHALL HAVE THE POWER TO ACQUIRE, BY PURCHASE,
20 EITHER THE FEE OR SUCH RIGHT, TITLE, INTEREST OR EASEMENT OR ANY
21 COMBINATION THEREOF IN SUCH LANDS WITHIN THE COUNTY OR COUNTY
22 SEAT AS THE AUTHORITY MAY DEEM NECESSARY FOR THE PURPOSE
23 MENTIONED IN THIS ACT, EXCEPT THAT A CONVENTION CENTER
24 CONSTRUCTED PURSUANT TO THE TERMS OF THIS ACT MUST BE LOCATED IN
25 A REDEVELOPMENT ASSISTANCE ELIGIBLE AREA.
26 SECTION 18. USE AND OPERATION OF CONVENTION CENTER.
27 THE USE AND OPERATION OF THE CONVENTION CENTER, AND ALL PARTS
28 THEREOF, AND THE OPERATION OF THE BUSINESS OF THE AUTHORITY
29 SHALL BE SUBJECT TO THE RULES AND REGULATIONS FROM TIME TO TIME
30 ADOPTED BY THE AUTHORITY, PROVIDED, HOWEVER, THAT THE AUTHORITY
19930H0317B4449 - 37 -
1 SHALL NOT BE AUTHORIZED TO DO ANYTHING WHICH WILL IMPAIR THE
2 SECURITY OF THE OBLIGEES OF THE AUTHORITY OR VIOLATE ANY
3 AGREEMENTS WITH THEM OR FOR THEIR BENEFIT, OR VIOLATE ANY
4 CONTRACTS, LEASES OR OTHER AGREEMENTS AWARDED, MADE OR ENTERED
5 INTO BY THE AUTHORITY.
6 SECTION 19. LIMITATION OF POWERS.
7 (A) COMMONWEALTH PLEDGE.--THE COMMONWEALTH DOES HEREBY
8 PLEDGE TO AND AGREE WITH ANY PERSON, THE COUNTY, COUNTY SEAT,
9 POLITICAL SUBDIVISION OR FEDERAL AGENCY, SUBSCRIBING TO OR
10 ACQUIRING THE BONDS TO BE ISSUED BY THE AUTHORITY FOR THE
11 CONSTRUCTION OR IMPROVEMENT OF A CONVENTION CENTER, OR PARTS
12 THEREOF, THAT THE COMMONWEALTH WILL NOT LIMIT OR ALTER THE
13 RIGHTS HEREBY VESTED IN THE AUTHORITY IN ANY MANNER INCONSISTENT
14 WITH THE OBLIGATIONS TO THE BONDHOLDERS UNTIL ALL BONDS AT ANY
15 TIME ISSUED, TOGETHER WITH THE INTEREST, ARE FULLY PAID AND
16 DISCHARGED. THE COMMONWEALTH DOES FURTHER PLEDGE TO AND AGREE
17 WITH ANY FEDERAL AGENCY THAT IN THE EVENT THAT THE FEDERAL
18 AGENCY SHALL CONSTRUCT OR CONTRIBUTE FUNDS FOR THE CONSTRUCTION
19 OR IMPROVEMENT OF A CONVENTION CENTER, OR PARTS THEREOF, THAT
20 THE COMMONWEALTH WILL NOT ALTER OR LIMIT THE RIGHTS AND POWERS
21 OF THE AUTHORITY IN ANY MANNER WHICH WOULD BE INCONSISTENT WITH
22 THE DUE PERFORMANCE OF ANY AGREEMENTS BETWEEN THE AUTHORITY AND
23 THE FEDERAL AGENCY.
24 (B) ADDITIONAL COMMONWEALTH PLEDGE.--THE COMMONWEALTH DOES
25 HEREBY PLEDGE TO AND AGREE WITH ANY PERSON WHO, AS OWNER, LEASES
26 OR SUBLEASES A CONVENTION CENTER, OR PARTS THEREOF, TO OR FROM
27 AN AUTHORITY CREATED PURSUANT TO THIS ACT, THAT THE COMMONWEALTH
28 WILL NOT LIMIT OR ALTER THE RIGHTS AND POWERS HEREBY VESTED IN
29 THE AUTHORITY OR OTHERWISE CREATED BY THIS ACT IN ANY MANNER
30 WHICH IMPAIRS THE OBLIGATIONS OF THE AUTHORITY UNTIL ALL
19930H0317B4449 - 38 -
1 OBLIGATIONS OF THE AUTHORITY UNDER THE LEASE OR SUBLEASE ARE
2 FULLY MET AND DISCHARGED.
3 SECTION 20. EXEMPTION FROM TAXATION.
4 THE EFFECTUATION OF THE AUTHORIZED PURPOSES OF AUTHORITIES
5 CREATED UNDER THIS ACT SHALL AND WILL BE IN ALL RESPECTS FOR THE
6 BENEFIT OF THE PEOPLE OF THIS COMMONWEALTH, FOR THE INCREASE OF
7 THEIR COMMERCE AND PROSPERITY AND FOR THE IMPROVEMENT OF THEIR
8 HEALTH AND LIVING CONDITIONS; AND, SINCE AUTHORITIES, AS PUBLIC
9 INSTRUMENTALITIES OF THE COMMONWEALTH, WILL BE PERFORMING
10 ESSENTIAL GOVERNMENTAL FUNCTIONS IN EFFECTUATING THESE PURPOSES,
11 THE AUTHORITIES SHALL NOT BE REQUIRED TO PAY ANY TAXES OR
12 ASSESSMENTS UPON A CONVENTION CENTER, OR PARTS THEREOF, OR
13 PROPERTY ACQUIRED OR USED OR PERMITTED TO BE USED BY THEM FOR
14 THESE PURPOSES; AND THE BONDS ISSUED BY ANY AUTHORITY, THEIR
15 TRANSFER AND THE INCOME FROM THE BONDS, INCLUDING ANY PROFITS
16 MADE ON THE SALE OF THE BONDS, SHALL, AT ALL TIMES, BE FREE FROM
17 STATE AND LOCAL TAXATION WITHIN THIS COMMONWEALTH. THIS
18 EXEMPTION SHALL NOT EXTEND TO GIFT, ESTATE, SUCCESSION OR
19 INHERITANCE TAXES OR ANY OTHER TAXES NOT LEVIED DIRECTLY ON THE
20 BONDS, THEIR TRANSFER, OR THE INCOME FROM OR THE REALIZATION OF
21 PROFITS ON THE SALE OF THE BONDS.
22 SECTION 21. LEASE BY AUTHORITIES.
23 A CONVENTION CENTER, OR PART THEREOF, ESTABLISHED UNDER THIS
24 ACT MAY BE LEASED OR SUBLEASED BY THE AUTHORITY TO AND FROM THE
25 COUNTY OR COUNTY SEAT, AND THE COUNTY OR COUNTY SEAT IS HEREBY
26 EMPOWERED TO ENTER INTO LEASES, SUBLEASES, OR BOTH, FOR THIS
27 PURPOSE. A LEASE OR SUBLEASE MAY BE MADE FOR A SPECIFIED OR
28 UNLIMITED TIME AND ON ANY TERMS AND CONDITIONS WHICH MAY BE
29 APPROVED BY THE COUNTY OR COUNTY SEAT AND WHICH MAY BE AGREED TO
30 BY THE AUTHORITY IN CONFORMITY WITH ITS CONTRACTS WITH THE
19930H0317B4449 - 39 -
1 HOLDERS OF ANY BONDS.
2 SECTION 22. COOPERATION.
3 (A) STATE PUBLIC BODIES AND POLITICAL SUBDIVISIONS MAY
4 COOPERATE.--FOR THE PURPOSE OF AIDING AND COOPERATING WITH THE
5 AUTHORITY AND IN THE PLANNING, ACQUISITION, CLEARANCE,
6 RELOCATION, DEVELOPMENT, DESIGN, CONSTRUCTION, REHABILITATION,
7 LEASING, SUBLEASING, ALTERATION, EXPANSION, FINANCING,
8 IMPROVEMENT, MANAGEMENT OR OPERATION OF A CONVENTION CENTER, OR
9 PARTS THEREOF, ANY STATE PUBLIC BODY OR POLITICAL SUBDIVISION OR
10 THE COUNTY OR COUNTY SEAT MAY, UPON SUCH TERMS, WITH OR WITHOUT
11 CONSIDERATION, AS IT MAY DETERMINE:
12 (1) DEDICATE, SELL, CONVEY, LEASE OR OTHERWISE TRANSFER
13 PROPERTY OR ANY INTEREST THEREIN, REAL, PERSONAL OR MIXED,
14 TANGIBLE OR INTANGIBLE, TO THE AUTHORITY.
15 (2) CAUSE PARKING, RECREATIONAL OR COMMUNITY FACILITIES,
16 OR ANY OTHER WORKS, WHICH IT IS OTHERWISE EMPOWERED TO
17 UNDERTAKE, TO BE FURNISHED IN OR ADJACENT TO ANY AREA
18 SELECTED FOR A CONVENTION CENTER, OR PARTS THEREOF.
19 (3) FURNISH, DEDICATE, CLOSE, PAVE, INSTALL, GRADE,
20 REGRADE, PLAN OR REPLAN STREETS, ROADS, ROADWAYS, ALLEYS,
21 SIDEWALKS OR OTHER PLACES WHICH IT IS OTHERWISE EMPOWERED SO
22 TO DO.
23 (4) ENTER INTO AGREEMENTS, EXTENDING OVER ANY PERIOD,
24 WITH THE AUTHORITY OR WITH THE FEDERAL GOVERNMENT RESPECTING
25 ACTION TO BE TAKEN BY A STATE PUBLIC BODY, PURSUANT TO THE
26 POWERS GRANTED BY THIS SECTION.
27 (5) DO ANY AND ALL THINGS NECESSARY OR CONVENIENT TO AID
28 AND COOPERATE IN THE DEVELOPMENT, ACQUISITION, DESIGN,
29 CONSTRUCTION, IMPROVEMENT, MAINTENANCE, MANAGEMENT,
30 OPERATION, FURNISHING, FIXTURING, EQUIPPING, REPAIRING,
19930H0317B4449 - 40 -
1 FINANCING, OWNING, LEASING AND SUBLEASING OF A CONVENTION
2 CENTER, OR PARTS THEREOF.
3 (6) IN CONNECTION WITH PUBLIC IMPROVEMENTS MADE BY A
4 STATE PUBLIC BODY, POLITICAL SUBDIVISION, COUNTY OR THE
5 COUNTY SEAT, IN EXERCISING THE POWERS HEREIN GRANTED, A STATE
6 PUBLIC BODY OR POLITICAL SUBDIVISION OR THE COUNTY OR COUNTY
7 SEAT MAY INCUR THE ENTIRE EXPENSE.
8 (7) THE SECRETARY OF GENERAL SERVICES IS AUTHORIZED,
9 WITH THE APPROVAL OF THE GOVERNOR AND ATTORNEY GENERAL, TO
10 EXECUTE AND DELIVER, ON BEHALF OF THE COMMONWEALTH,
11 CONVEYANCES, DEEDS AND LEASES AUTHORIZED UNDER THIS ACT.
12 (B) COUNTY OR COUNTY SEAT MAY CONTRACT WITH AUTHORITY.--IN
13 CONNECTION WITH A CONVENTION CENTER, OR PARTS THEREOF, THE
14 COUNTY OR COUNTY SEAT MAY CONTRACT WITH THE AUTHORITY OR THE
15 FEDERAL GOVERNMENT WITH RESPECT TO SUMS WHICH THE AUTHORITY OR
16 THE FEDERAL GOVERNMENT MAY AGREE TO PAY DURING ANY YEAR OR
17 PERIOD OF YEARS TO THE COUNTY OR COUNTY SEAT FOR THE
18 IMPROVEMENTS, SERVICES AND FACILITIES TO BE PROVIDED BY IT FOR
19 THE BENEFIT OF THE AUTHORITY, CONVENTION CENTER, OR PARTS
20 THEREOF, OR THE PERSONS OCCUPYING THE AREA. HOWEVER, THE ABSENCE
21 OF A CONTRACT FOR THESE PAYMENTS SHALL, IN NO WAY, RELIEVE THE
22 COUNTY OR COUNTY SEAT FROM THE DUTY TO FURNISH FOR THE BENEFIT
23 OF THE AUTHORITY, CONVENTION CENTER, OR PARTS THEREOF, OR THE
24 PERSONS OCCUPYING THE AREA, CUSTOMARY IMPROVEMENTS AND SUCH
25 SERVICES AND FACILITIES AS THE COUNTY OR COUNTY SEAT USUALLY
26 FURNISHES WITHOUT A SERVICE FEE.
27 (C) COUNTY, COUNTY SEAT OR STATE MAY DESIGNATE AUTHORITY AS
28 ITS AGENT.--THE COUNTY, COUNTY SEAT OR STATE MAY, BY WRITTEN
29 AGREEMENT, DESIGNATE THE AUTHORITY AS ITS AGENT WITHIN THE
30 AUTHORITY'S FIELD OF OPERATION TO PERFORM ANY SPECIFIED ACTIVITY
19930H0317B4449 - 41 -
1 OR TO ADMINISTER ANY SPECIFIED PROGRAM WHICH THE STATE, COUNTY
2 OR COUNTY SEAT IS AUTHORIZED BY LAW TO DO. HOWEVER, ANY SUCH
3 ACTIVITIES OR PROGRAMS SHALL BE IN FURTHERANCE OF THE PUBLIC
4 PURPOSES SPECIFIED IN THIS ACT. THESE ACTIVITIES MAY INCLUDE,
5 WITHOUT BEING LIMITED TO, DEVELOPMENT, ACQUISITION, DESIGN,
6 CONSTRUCTION, IMPROVEMENT, MAINTENANCE, LEASING, MANAGEMENT OR
7 OPERATION OF A CONVENTION CENTER, OR PARTS THEREOF.
8 (D) POWERS IN ADDITION TO OTHER POWERS.--THE POWERS
9 CONFERRED BY THIS SECTION SHALL BE IN ADDITION AND SUPPLEMENTAL
10 TO THE POWERS CONFERRED BY ANY OTHER LAW.
11 SECTION 23. HOTEL ROOM RENTAL TAX.
12 (A) IMPOSITION OF TAX.--THE COUNTY IN WHICH THE CONVENTION
13 CENTER IS LOCATED IS HEREBY AUTHORIZED TO IMPOSE AN EXCISE TAX
14 ON THE CONSIDERATION RECEIVED BY EACH OPERATOR OF A HOTEL WITHIN
15 THE MARKET AREA FROM EACH TRANSACTION OF RENTING A ROOM OR ROOMS
16 TO ACCOMMODATE TRANSIENTS. THE TAX SHALL BE COLLECTED BY THE
17 OPERATOR FROM THE PATRON OF THE ROOM AND PAID OVER TO THE COUNTY
18 PURSUANT TO SUBSECTION (E) AND SHALL BE KNOWN AS THE HOTEL ROOM
19 RENTAL TAX.
20 (B) RATE OF TAX.--THE RATE OF TAX IMPOSED UNDER THIS SECTION
21 BY THE COUNTY IN WHICH THE CONVENTION CENTER IS LOCATED SHALL
22 NOT EXCEED 5%.
23 (C) DISTRIBUTION OF TAX REVENUES.--EIGHTY PERCENT OF
24 REVENUES TO BE RECEIVED FROM TAXES IMPOSED PURSUANT TO THIS
25 SECTION SHALL BE ANNUALLY DEPOSITED IN THE SPECIAL FUND,
26 REQUIRED UNDER SUBSECTION (D), FOR THE USE OF THE AUTHORITY FOR
27 CONVENTION CENTER PURPOSES. TWENTY PERCENT OF THE REVENUES TO BE
28 RECEIVED FROM TAXES IMPOSED PURSUANT TO THIS SECTION SHALL BE
29 DEPOSITED WITHIN 30 DAYS OF COLLECTION IN THE TOURIST PROMOTION
30 AGENCY FUND REQUIRED UNDER SUBSECTION (D), UNTIL DISBURSED AS
19930H0317B4449 - 42 -
1 PROVIDED BELOW.
2 (D) DEPOSIT.--THE TREASURER OF EACH COUNTY ELECTING TO
3 IMPOSE THE TAX AUTHORIZED UNDER THIS SECTION IS HEREBY DIRECTED
4 TO COLLECT THE TAX AND:
5 (1) TO DEPOSIT 80% OF THE REVENUES RECEIVED FROM THE TAX
6 IN SPECIAL FUNDS ESTABLISHED FOR PURPOSES SET FORTH IN THIS
7 SECTION; AND
8 (2) TO DEPOSIT 20% OF THE REVENUES RECEIVED BY THE TAX
9 IN THE TOURIST PROMOTION AGENCY FUND UNTIL DISBURSED PURSUANT
10 TO SUBSECTION (G).
11 INTEREST ON MONEYS DEPOSITED IN THE FUNDS SHALL ACCRUE
12 PROPORTIONATELY TO THE RESPECTIVE FUNDS AS PROVIDED IN THIS
13 SECTION. THE TREASURER IS HEREBY AUTHORIZED TO ESTABLISH RULES
14 AND REGULATIONS CONCERNING THE COLLECTION OF THE TAX, WHICH
15 COLLECTION SHALL OCCUR NOT MORE OFTEN THAN MONTHLY NOR LESS
16 OFTEN THAN QUARTERLY.
17 (E) EXPENDITURES FOR CONVENTION CENTER PURPOSES.--
18 EXPENDITURES FROM THE FUND ESTABLISHED PURSUANT TO SUBSECTION
19 (D) FOR THE AUTHORITY SHALL BE USED BY THE AUTHORITY FOR THE
20 FOLLOWING PURPOSES:
21 (1) PROJECTED ANNUAL DEBT SERVICE OR LEASE PAYMENTS OF
22 THE CONVENTION CENTER AUTHORITY.
23 (2) COSTS ASSOCIATED WITH FINANCING, CONSTRUCTING,
24 IMPROVING, MAINTAINING, FURNISHING, FIXTURING AND EQUIPPING
25 THE CONVENTION CENTER.
26 (3) COSTS ASSOCIATED WITH THE DEVELOPMENT OF THE
27 CONVENTION CENTER, INCLUDING, BUT NOT LIMITED TO, DESIGN,
28 ENGINEERING AND FEASIBILITY COSTS.
29 (4) COSTS ASSOCIATED WITH THE OPERATION AND MANAGEMENT
30 OF THE CONVENTION CENTER.
19930H0317B4449 - 43 -
1 (5) COSTS ASSOCIATED WITH PROMOTING, MARKETING AND
2 OTHERWISE ENCOURAGING USE OF THE CONVENTION CENTER.
3 (6) GENERAL PURPOSES OF THE CONVENTION CENTER.
4 (F) PLEDGE TO BONDHOLDERS.--IF AND TO THE EXTENT THAT THE
5 AUTHORITY PLEDGES ITS SHARE OF THE PROCEEDS OF THE TAX
6 AUTHORIZED BY THIS SECTION AS SECURITY FOR THE PAYMENT OF BONDS
7 ISSUED BY THE AUTHORITY FOR CONVENTION CENTER PURPOSES, THE
8 COMMONWEALTH DOES HEREBY PLEDGE TO AND AGREE WITH ANY PERSON,
9 FIRM OR CORPORATION SUBSCRIBING TO OR ACQUIRING BONDS TO BE
10 ISSUED BY THE AUTHORITY FOR CONVENTION CENTER PURPOSES THAT THE
11 COMMONWEALTH ITSELF WILL NOT, NOR WILL IT AUTHORIZE A COUNTY TO,
12 REDUCE THE RATE OF TAX IMPOSED FOR CONVENTION CENTER PURPOSES
13 UNTIL ALL BONDS SO SECURED BY THE PLEDGE OF THE AUTHORITY,
14 TOGETHER WITH INTEREST, ARE FULLY MET AND DISCHARGED.
15 (G) DISBURSEMENT TO TOURIST PROMOTION AGENCY.--PROVIDED THAT
16 NO EVENT OF DEFAULT HAS OCCURRED AND IS CONTINUING WITH RESPECT
17 TO ANY BONDS, NOTES OR OTHER INDEBTEDNESS OF AN AUTHORITY
18 INCURRED TO FINANCE THE CONSTRUCTION OF A CONVENTION CENTER,
19 REVENUES RECEIVED FROM THE TAX DEPOSITED TO THE TOURIST
20 PROMOTION AGENCY FUND REQUIRED UNDER SUBSECTION (D) SHALL BE
21 DISBURSED BY EACH COUNTY TO THE TOURIST PROMOTION AGENCY WITHIN
22 TEN DAYS OF RECEIPT THEREOF; PROVIDED THAT THE COUNTY SHALL HAVE
23 NO OBLIGATION TO INVEST ANY FUNDS DEPOSITED TO THE TOURIST
24 PROMOTION AGENCY FUND.
25 (H) EVENT OF DEFAULT UNDER OUTSTANDING INDEBTEDNESS OF <--
26 AUTHORITY.--NOTWITHSTANDING ANYTHING CONTAINED IN THIS SECTION
27 TO THE CONTRARY, IF AN EVENT OF DEFAULT HAS OCCURRED AND IS
28 CONTINUING WITH RESPECT TO ANY BONDS, NOTES OR OTHER
29 INDEBTEDNESS OF AN AUTHORITY INCURRED TO FINANCE THE
30 CONSTRUCTION OF A CONVENTION CENTER, 100% OF THE REVENUES
19930H0317B4449 - 44 -
1 RECEIVED FROM TAXES IMPOSED PURSUANT TO THIS SECTION SHALL BE
2 DISBURSED RATABLY TO THE TRUSTEES FOR THE HOLDERS OF THE BONDS,
3 NOTES OR OTHER INDEBTEDNESS OR THE CREDITORS OF THE BONDS, NOTES
4 OR OTHER INDEBTEDNESS, AS APPLICABLE.
5 (I) (H) TAX YEAR.--EACH TAX YEAR FOR ANY TAX IMPOSED <--
6 HEREUNDER SHALL RUN CONCURRENTLY WITH THE COUNTY'S FISCAL YEAR.
7 (J) (I) EXPIRATION.--THE TAX LEVIED UNDER THIS SECTION SHALL <--
8 EXPIRE WHEN ALL BONDS ISSUED BY A COUNTY UNDER THIS ACT HAVE
9 BEEN FULLY MET AND DISCHARGED.
10 (K) (J) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING <--
11 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
12 SUBSECTION:
13 "CONSIDERATION." RECEIPTS, FEES, CHARGES, RENTALS, LEASES,
14 CASH, CREDITS, PROPERTY OF ANY KIND OR NATURE OR OTHER PAYMENT
15 RECEIVED BY OPERATORS IN EXCHANGE FOR OR IN CONSIDERATION OF THE
16 USE OR OCCUPANCY BY A TRANSIENT OF A ROOM OR ROOMS IN A HOTEL
17 FOR A TEMPORARY PERIOD.
18 "CONVENTION CENTER." ANY LAND, IMPROVEMENT, STRUCTURE,
19 BUILDING, OR PART THEREOF, OR PROPERTY INTEREST THEREIN, WHETHER
20 OWNED BY OR LEASED BY OR TO OR OTHERWISE ACQUIRED BY AN EXISTING
21 AUTHORITY, APPROPRIATE FOR ANY OF THE FOLLOWING: LARGE PUBLIC
22 ASSEMBLIES, THE HOLDING OF CONVENTIONS, CONFERENCES, TRADE
23 EXHIBITIONS AND OTHER BUSINESS, SOCIAL, CULTURAL, SCIENTIFIC AND
24 PUBLIC INTEREST EVENTS, AND ALL FACILITIES, FURNITURE, FIXTURES
25 AND EQUIPMENT NECESSARY OR INCIDENT THERETO, INCLUDING MEETING
26 ROOMS, DINING ROOMS, KITCHENS, BALLROOMS, RECEPTION AREAS,
27 REGISTRATION AND PREFUNCTION AREAS, TRUCK LOADING AREAS,
28 INCLUDING ACCESS THERETO, ACCESS WAYS, COMMON AREAS, LOBBIES,
29 OFFICES AND AREAS APPURTENANT TO ANY OF THE PRECEDING, TOGETHER
30 REFERRED TO AS THE MAIN CONVENTION AREA, AND ALSO INCLUDING
19930H0317B4449 - 45 -
1 OTHER BUILDINGS, STRUCTURES OR FACILITIES FOR USE IN CONJUNCTION
2 WITH THE FOREGOING, INCLUDING, BUT NOT LIMITED TO, PROVISION FOR
3 OFF-STREET PARKING, RETAIL AREAS AND OTHER IMPROVEMENTS RELATED
4 TO THE CENTER OWNED BY OR LEASED BY OR TO AN EXISTING AUTHORITY
5 FOR THE PURPOSE OF PRODUCING REVENUES TO ASSIST IN DEFRAYING THE
6 COSTS OR EXPENSES OF THE CONVENTION CENTER.
7 "HOTEL." A HOTEL, MOTEL, INN, GUESTHOUSE OR OTHER BUILDING
8 LOCATED WITHIN THE MARKET AREA WHICH HOLDS ITSELF OUT BY ANY
9 MEANS, INCLUDING ADVERTISING, LICENSE, REGISTRATION WITH AN
10 INNKEEPER'S GROUP, CONVENTION LISTING ASSOCIATION, TRAVEL
11 PUBLICATION OR SIMILAR ASSOCIATION OR WITH A GOVERNMENT AGENCY,
12 AS BEING AVAILABLE TO PROVIDE OVERNIGHT LODGING OR USE OF
13 FACILITY SPACE FOR CONSIDERATION TO PERSONS SEEKING TEMPORARY
14 ACCOMMODATION. THE TERM INCLUDES A PLACE WHICH ADVERTISES TO THE
15 PUBLIC AT LARGE OR A SEGMENT OF THE PUBLIC THAT IT WILL PROVIDE
16 BEDS, SANITARY FACILITIES OR OTHER SPACE FOR A TEMPORARY PERIOD
17 TO MEMBERS OF THE PUBLIC AT LARGE. THE TERM ALSO INCLUDES A
18 PLACE RECOGNIZED AS A HOSTELRY, PROVIDED THAT PORTIONS OF A
19 FACILITY WHICH ARE DEVOTED TO PERSONS WHO HAVE ESTABLISHED
20 PERMANENT RESIDENCE SHALL NOT BE INCLUDED IN THIS DEFINITION.
21 THE TERM DOES NOT INCLUDE A BED AND BREAKFAST HOMESTEAD OR INN
22 AS DEFINED IN THE ACT OF MAY 23, 1945 (P.L.926, NO.369),
23 REFERRED TO AS THE PUBLIC EATING AND DRINKING PLACE LAW.
24 "MARKET AREA."
25 (1) WITH RESPECT TO A COUNTY IN WHICH THERE IS MORE THAN
26 ONE CITY OF THE THIRD CLASS, THE ENTIRE COUNTY.
27 (2) WITH RESPECT TO A COUNTY IN WHICH THERE IS ONLY ONE
28 CITY OF THE THIRD CLASS, ONE OF THE FOLLOWING:
29 (I) THAT CITY AND THE AREA WITHIN THE COUNTY WHICH
30 IS NOT MORE THAN 15 MILES FROM THE SITE OF THE CONVENTION
19930H0317B4449 - 46 -
1 CENTER.
2 (II) THAT CITY AND THE AREA WITHIN THE COUNTY WHICH,
3 AS DETERMINED BY THE BOARD OF COMMISSIONERS OF THE COUNTY
4 IMPOSING THE TAX, DERIVES A MATERIAL BENEFIT FROM THE
5 EXISTENCE OF THE CONVENTION CENTER WITHIN THE COUNTY. THE
6 OWNER OF A HOTEL AFFECTED BY A DETERMINATION BY THE BOARD
7 UNDER THIS SUBPARAGRAPH MAY CHALLENGE THE DETERMINATION
8 BY FILING A PETITION IN THE COURT OF COMMON PLEAS IN THE
9 JUDICIAL DISTRICT WHERE THE DETERMINATION WAS MADE.
10 "OCCUPANCY." THE USE OR POSSESSION OR THE RIGHT TO THE USE
11 OR POSSESSION BY A PERSON OTHER THAN A PERMANENT RESIDENT OF A
12 ROOM IN A HOTEL FOR ANY PURPOSE OR THE RIGHT TO THE USE OR
13 POSSESSION OF THE FURNISHINGS OR TO THE SERVICES ACCOMPANYING
14 THE USE AND POSSESSION OF THE ROOM.
15 "OPERATOR." ANY INDIVIDUAL, PARTNERSHIP, NONPROFIT OR
16 PROFIT-MAKING ASSOCIATION OR CORPORATION OR OTHER PERSON OR
17 GROUP OF PERSONS WHO MAINTAIN, OPERATE, MANAGE, OWN, HAVE
18 CUSTODY OF OR OTHERWISE POSSESS THE RIGHT TO RENT OR LEASE
19 OVERNIGHT ACCOMMODATIONS IN A HOTEL TO THE PUBLIC FOR
20 CONSIDERATION.
21 "PATRON." ANY PERSON WHO PAYS THE CONSIDERATION FOR THE
22 OCCUPANCY OF A ROOM OR ROOMS IN A HOTEL.
23 "PERMANENT RESIDENT." ANY PERSON WHO HAS OCCUPIED OR HAS THE
24 RIGHT TO OCCUPY A ROOM OR ROOMS IN A HOTEL AS A PATRON OR
25 OTHERWISE FOR A PERIOD EXCEEDING 30 CONSECUTIVE DAYS.
26 "ROOM." A SPACE IN A HOTEL SET ASIDE FOR USE AND OCCUPANCY
27 BY PATRONS, OR OTHERWISE, FOR CONSIDERATION, HAVING AT LEAST ONE
28 BED OR OTHER SLEEPING ACCOMMODATIONS PROVIDED THEREIN.
29 "TEMPORARY." A PERIOD OF TIME NOT EXCEEDING 30 CONSECUTIVE
30 DAYS.
19930H0317B4449 - 47 -
1 "TOURIST PROMOTION AGENCY." THE AGENCY DESIGNATED BY THE
2 GOVERNING BODY OF A COUNTY OR COUNTY SEAT IN WHICH THE
3 CONVENTION CENTER IS LOCATED TO BE ELIGIBLE FOR GRANTS FROM THE
4 DEPARTMENT OF COMMERCE PURSUANT TO THE ACT OF APRIL 28, 1961
5 (P.L.111, NO.50), KNOWN AS THE TOURIST PROMOTION LAW.
6 "TRANSACTION." THE ACTIVITY INVOLVING THE OBTAINING BY A
7 TRANSIENT OR PATRON OF THE USE OR OCCUPANCY OF A HOTEL ROOM FROM
8 WHICH CONSIDERATION EMANATES TO THE OPERATOR UNDER AN EXPRESS OR
9 AN IMPLIED CONTRACT.
10 "TRANSIENT." A INDIVIDUAL WHO OBTAINS AN ACCOMMODATION IN
11 ANY HOTEL FOR HIMSELF BY MEANS OF REGISTERING AT THE FACILITY
12 FOR THE TEMPORARY OCCUPANCY OF A ROOM FOR THE PERSONAL USE OF
13 THAT INDIVIDUAL BY PAYING TO THE OPERATOR OF THE FACILITY A FEE
14 IN CONSIDERATION THEREFOR.
15 SECTION 24. REPEALS.
16 ALL ACTS AND PARTS OF ACTS ARE REPEALED INSOFAR AS THEY ARE
17 INCONSISTENT WITH THIS ACT.
18 SECTION 25. EFFECTIVE DATE.
19 THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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