credit(s) statutes annotated purdon's pennsylvania ... · change orders so that the main...

16 P.S. 13101, Short title

* 14226 16 P.s. § 13101 Third Class County Convention Center AuthorityAct.

PURDON'S PENNSYLVANIASTATUTES AND CONSOLIDATED CREDIT(S)

STATUTES ANNOTATEDPURDON'S PENNSYLVANIA 1997 Electronic Pocket Part Update

STATUTES ANNOTATED1994, Dec. 27, P1. 1375. No. 162. § 1, und. effecttve.TITLE 16. COUNTIES

CHAPTER 4. OiliER <General Materials (GM) - References,PROVISIONS Annotations, or Tables>

COUNTIESARTICLE XXX. ThIRD CLASS HiSTORICAIJiOThS

COUNTY CONVENTION CENTERSTKFUTORYNOThSAUTHORITY ACT

1997 Electronic Pocket Part UpdateCurrent through the end of 1996Reg.

and through 1996 Sp. Sess. No. 2 Title of Act

An Act to provide convention center facilities in counties of§ 13101. Short title the third class providing for creation of convention center

defining their powers and duties andauthorizing a hotel room rental tax. 1994, Dec. 27, P.L.This act shall be known and may be cited as the 1375,No. 162.

Copvricht (c) West Group 1997 No claim to original U.S. Govt. works

16 P.S. § 13102. Findings, declaration of policy arid scope

*14227 16 P.S. § 13102

STATUTES AND CONSOLIDATEDSTATUTES ANNOTATED

PURDON'S PENNSYLVANIASTATUTES ANNOTATED

TITLE 16.CHAPTER 4. OTHER

PROVISIONS

ARTICLE XXX. ThIRD CLASSCOtJNyy CONVENTION CENTER

AUTHOpJTy ACT

Current through the end of J99óReg. Sess. andthrough I996Sp. Sess. No. 2

§ 13102. Findings, declaration of policyand scope

(a) Legislative is hereby determinedand declared as a matter of legislative finding:

(1) That the health, safety and general welfareof the people of this Commonwealth are directlydependent upon the continual encouragement,development, growth arid expansion of business,industry, commerce and tourism within thisCommonwealth

(2) That unemplcvnient, the spread ofindigency and the heavy of publicassistance and unemployment compensation canbe avoided by the promotion, attraction,stimulation, development and expansion ofbusiness, industry, commerce and tourism in thisCommonwealth.

(3) That development of convention centers isappropriate within the RedevelopmentAssistance Eligible Area of a third class countyand that the attraction of business to thisCommonwealth as a result of such developmentis an important factor in the continualencouragement, promotion, attraction,stimulation, development, and expansionof business, industry, commerce and tourism

the county seat, the surrounding countiesand this Commonwealth as a whole.

(4) That the purpose of a convention centershould be the promotion, attraction, stimulation,development and expansion of business,industxy, commerce and tourism in the countyseat, the surrounding counties and thisCommonwealth as a whole.

(5) That the development of a conventioncenter will provide benefits to the hotel industrythroughout the entire area of the county wherethe center is developed.

(6) That the development of a conventioncenter will also provide benefits to the restaurantand entertainment industries throughout theentire county where the center is located, to allother businesses and individuals benefited by theattraction of major conventions and tourists, toother individual businesses whose livelihood isdependent on major conventions and tom-ists andto the general public.

(7) That the need for and promotion of thetype of facility which will provide significantbenefits to the general public will require theexpenditure of public money and that it istherefore appropriate to authorize a county toimpose and collect a tax applicable within theentire territorial limits of the counts' to facilitatethe development of a convention facility and thepromotion of tourism within the county.

*14228 (8) That, to promote the developmentof convention centers within thisCommonwealth, it is necessary to provideadditional and flexible means of developing,constructing, designing, managins, financing andOperating convention centers,

(9) That an important aspect of thedevelopment of convention centers should be theremoval and redevelopment of blighted areas.

(b) Policy.--It is hereby declared to be the policyof this Commonwealth to promote the health,safety, employment, business opportunities andgeneral welfare of the people of thisCommonwealth by providing for the creation ofthird class county convention center authoritieswhich shall exist and operate as publicinstrumentalities of the Commonwealth for thepublic purpose of promoting, attracting,stimulating, developing arid expanding business,industry, commerce and tourism in this

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16 P.S. § 13102, Findings, declaration of policy and scope

Commonwealth. This purpose is hereby declared counties, by a joint planning commission.to be a public purpose supporting the enactment (3) No provision of this act other than sectionof all provisions of this act for which public 23 [FNIJ shall apply to an existing authority.money may be spent and taxes may be imposed.

(c) Scope.--

Pocket Update(1) This act shall not apply to a county which 1994, Dec. 27, FL 137.5, No. 162,52,has an existing convention center which covers

[PNI]an area of more than 40,000 square feet.(2) This act shall not apply to a county which

<General Materials (GM) - References,is served, together with one or mote otherAnnotations, or Tables>

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13103, Definitions

*1422916 P.S. § 13103

PURDON'SSTATUTES AND CONSOLIDATED

STATUTES ANNOTATEDPURDON'S

STATUTES ANNOTATEDTITLE 16. COUNTIESCHAPTER 4. OniER

PRO YESIONSCOUNTIES

ARTICLE XXX. TEIRD CLASSCOTJNTY CONVENTION CENTER

ATJTHOpfly ACT

Current through the end of 1996Reg. Sess. andthrough 1996 Sp. Sess. No. 2

§ 13103. Definitions

The following words and phrases when used inthis act shall have the meanings given to them inthis Section unless the context clearly indicatesotherwise or unless there is a specific definition inanother section:

"Authority or "Third Class County ConventionCenter Authority." An agency and publicinstrumentality of the Commonwealth and a bodypolitic and corporate created pursuant to this act.

"Board' The governing body of an authority.

"Bonds." Notes, bonds, refunding notes andbonds, interim certificates, debentures and otherevidence of indebtedness or which theauthority is authorized to issue pursuant to thisact.

"Consu-uct," "to construct" or "constl-uctjorL"The acquisition, desian, erection, extension,renovation, rehabilitation, conversion, furnishing,fixturing, equipping, en.larsement or substantialrepair of a convention center, or part

the acquisition,design, erection, extension, renovation,rehabilitation conversion furnishing, fixturing,cquippins, enlargement or substantial repair of a

convention center, or part thereof.

"Convention center." Any land, improvement,Structure, building, or part thereof, or propertyinterest therein, whether owned by or leased by orto or otherwise acquired by an authority,appropriate for any of the following: large publicassemblies, the holding of conventions,conferences, 1rade exhibitions and other business,social, cultural, scientific and public interestevents, and all facilities, furniture, fixtures andequipment necessary or incident thereto, includingmeeting rooms, dining rooms, kitchens, ballrooms,reception areas, registration and prefunction areas,truck loading areas, including access thereto,access ways, common areas, lobbies, andareas appwten_ant to any of the preceding, togetherreferred to as the Main Convention Area, and alsoincluding other buildings, structures or facilitiesfor use in conjunction with the foregoing,including, but not limited to, provision for off-street parking; retail areas and otherimprovements related to the center owned by orleased by or to an authority for the purpose ofproducing revenues to assist in defraying the costsor expenses of the convention center.

*14230 "Cost of a project." All or any part ofthe cost of construction, acquisition, alteration,enlargement, furnishing, fixturing and equipping,reconstruction and rehabilitation of a conventioncenter project, including, without limitation, thecost of all lands, structures, real or personalproperty, tights, rights-of-way, roads, franchises,easements and interests acquired or used for or inconnection with a project, the cost of demolishingor removing buildings or structures on land soacquired, including the cost of acquiring lands towhich the buildings or structures may be moved orlocated, the cost of all utility lines, structures orequipment, the charges, interest prior to, duringand for a period of six months after completion ofconstruction and acquisition, provisions forreserves for principal and interest and forextensions, enlargements additions andimprovements cost of architectural, engineering,financial and legal services, plans, specifications,studies, surveys, estimates of cost and revenues,expenses necessary or incident to determining the

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feasibility or practicability of constructing theproject and such other capital cost or expense asmay be necessary or incident to the construction,development and acquisition of the project, thefinancing of construction, development andacquisition and the placing of the project inoperation, including, without limitation, a properallowance for contingencies and the provision ofreasonable initial working capital for operating theproject.

"County' A county of the third class.

"Existing authority." An authority incorporatedby a county of the third class prior to November 1,1994, pursuant to the act of May 2, 1945 (P1.382, No. 164), known as the MunicipalityAuthorities Act of 1945, [FN1] for the principalpurpose of owning or operating a conventioncenter.

"Federal agency" or "Federal Government." TheUnited States, the President of the United Statesand any department or corporation, agency orinstrumentality heretofore or hereafter created,designated or established by the United States.

"Obligee of the authority" or "obligee." Abondholder or a trustee for a bondholder when apartY to a contract with the authority.

"Project.' A site, building, structure, equipment,furnishing and other facilities or undertaking inrespect of a convention center which the authority

is authorized to acquire, construct, improve,install, maintain or operate under the provisions ofthis act.

"Redevelopment Assistance Eligible Area." Anarea determined by the of CommunityAffairs to be eligible as a site for a facilityreceiving a grant under the RedevelopmentAssistance Capital Program of thisCommonwealth

"State public body." The Commonwealth. and itsexecutive, athninistrative and independentagencies, departments, officers, boards,authorities, commissions and instrumentalities.

"Substantial completion." Construction that issufllciently completed in accordance with contractdocuments and certified by the convention centerauthority's architect or engineer, as modified bychange orders so that the main convention areacan be used, occupied or operated for its intendeduse. In no event shall a project be certified assubstantially complete until at least 90% of thework on the main convention area is completed.

CREDIT(S)

1997 Electronic Part Update

1994. Dec. 27, P.L. 1375, No. § 3, imd.

fFNJ) 53 P.S. § 301 et seq.

<General Materials (GM) - References,Annotations, or Tables>


16 P.S. § 13103, Definitions

16 P.S. § 13104, Authority creation

*14231 16 P.S. § 13104

PURDON'S PENNSYLVANL&STATUTES AND CONSOLII)ATED

STATUTES ANNOTATEDPURDON'S PENNSYLVANIA

STATUTES ANNOTATEDTITLE 16. COUNTIESCHAPTER 4. OIliER

PROVISIONSCOUNTrEs

ARTICLE XXX. THIRD CLASSCOUNTY CONVENTION CENTER

AUTHORUY ACT

Current through the end of 1996 Reg. andthrough 1996 Sp. Sess. No. 2

§ 13104, Authority creation

The governing bodies of a third class andthe political subdivision constituting the countyseat or the county acting alone may create a bodycorporate and politic to be named the

County Convention Center Authority to be createdas a public authority and governmentins trumentality to have continuing succession untilits existence shall be terminated by law. If theconvention center to be by anauthority created under this act shall be located

the jurisdictional limits of the county seatof the county, the authority shall be a jointauthority of thc county and the county seat. If theconvention center shall be located outside thejurisdictional limits of the county seat of thecounty, the authority may be created solely by thecounty. The exercise by the authority of thepowers conferred by this act is hereby declared tobe and shall all purposes be deemed and heldto be the performance of an essential publicfunction.

CREDiT(S)

1997 Electronic Pocket Part Update

1994, Dec. 27, FL 1375, No. 162, § imd. effective.


Copyritht (c) West Group 1997 No claim to original U.S. Govt. works

*1423216 P.S. § 13105



STATUTES ANNOTATEDTITLE 16. COUNTIESCHAPTER 4. ()IJ±ER

PROVISIONS


AUTHORITY ACT

Current through the end of i996Reg. Sess. andthrough 1996 Sp. Sess. No. 2

§ 13105. Purposes and powers; general

(a) General powers...An authority created underthis act shall be a public body, corporate andpolitic, exercising public powers of theCommonwealth as an agency and insta-umentalitvand shall be for the purpose, without limitation, byitself or by agreement in cooperation with others,of acquiring, holding, developing, designing,constn.ictng, improving, managing,operating, financin, furnishing, fixturingequipping, repairing, leasing or subleasing, eitherin the capacity of lessor or lessee or sublessor orsublessee, and owning a convention center, orparts thereof.

(b) Specific powers.--The authoi-itv is granted al.lpowers necessary or convenient for theout of the purposes in subsection (a), including,without limiting the generality of the foregoing,the following tights and powers:

(1) To have Continuing succession.(2) To sue and be sue& imp lead and be

impleaded, complain arid defend in all courts.(3) To adopt, use and alter at will a corporate

seal.

(4) To acquire by gift or otherwise, purchase,hold, receive, lease, sublease and use a license,franchise or property, real, personal or mixed,

tangible or intangible, or any interest therein,'including a conventiOn center, or parts thereof.

(5) To sell, transfer or dispose of property oran interest therein with adequate and fairconsideration.

(6) To acquire, hold, develop, design,Construct, improve, maintain, manage, operate,furnish, fixture, equip, repair, own, lease orsublease a convention center, or parts thereofand to make, enter into and award contracts withany person, association, partuership orcorporation for the development, design,financing, construction, improvement,maintenance, operation, management,furnishing, fixturing, equipping and repair of aconvention center, or parts thereof.

(7) To make bylaws for the management andregulation of its affairs and issue rules,regulations and policies in connection with theperformance of its functions and duties.

(8) To appoint officers, agents, employeesand servants, to prescribe their duties and to fixtheir compensation

*14233 (9) To fix, alter, charge and collectrentals, admissions, license fees and othercharges.

(10) To borrow money for the purpose ofpaying the costs of a project and to evidence thesame; make and issue negotiable bonds of theauthority; secure payment of the bonds, or anypart by pledge or deed of trust of all orany of its revenues (including any hotel roomrental tax), rentals, receipts and contract rights;make such agreements with the purchasers orholders of the bonds or with other obligees of theauthority in connection with the bonds, whetherissued or to be issued, as the authority shalldeem advisable, which agreements shallconstitute contracts with the holders orpurchasers; obtain such credit enhancement orliquidity facilities in connection with the bondsas the authority shall determine to beadvantageous; and, in general, provide for thesecurity of the bonds and the tights of thebondholders.

(11) To make, enter into and award contractsof every name and nature and to execute allinstruments necessary or convenient for thecarrying out of its business.

16 P.S. § 13105, Purposes and powers; general

Copyright (c) West Group 1997 No claim to original U.S. Govt. works

16 P.S. 13105, Purposes and powers; general

(12) To borrow money and accept grants andto enter into contracts, leases, subleases, licensesor other transactions with any Federal agency,State public body, political subdivision, person,association, parmership or corporation.

(13) To pledge, hypothecate or otherwiseencumber its property, real, personal or mixed,tangible or intangible, and its revenues orreceipts, including, but not limited to, anyinterest the authority may have in a lease orsublease of a convention center, or parts thereof.

(14) To procure such insurance containingsuch coverages, including, without limitation,insurance covering the timely payment in full ofprincipal of and interest en bonds of' theauthority, in such amounts, from such insurers,as the authority may determine to be necessaryor desirable for its purposes.

(15) To invest its money.(16) To cooperate with any Federal agency,

State public body or political subdivision.(17) To invest funds held in reserve or

sinking funds or funds not required forimmediate disbursements as authorized bysection 13(d). [FN1]

(18) To appoint all officers, agents andemployees required for the performance of itsduties and fix and determine their qualifications,duties and compensation and retain or employother agents or consultants, including, but notlimited to, architects, auditors, engineers, privatelegal counsel and private consultants on acontract basis or otherwise for renderingprofessional or technical services and advice.

*14234 (19) To enroll its emplo in anexisting retirement system of the State, county,cit or other governmental entity.

(20) To appoint and fix the compensation ofchief counsel and such assistant counsel toprovide it with legal assistance, and the authoritythrough its counsel shall defend actions broughtagainst the authority and its officers andemployees when acting within the scope of their

official duties.(21) To maintain an office in the seat.(22) To appoint an executive director who

shall be the chief executive officer of theauthority, who shall devote his full time duringbusiness hours to the duties of his office andwho shall receive compensation as the boardshall determine.

(23) To do all acts and things necessary orconvenient for the promotion of its purposes andthe general welfare of the authority and to carryout the powers ranted to it by this or any otheract.

(c) Limitations.--

(1) The authority shall have no power topledge the credit or taxing powers of a Statepublic body, a political subdivision or the countynor shall its obligations be deemed obligations ofany State public body, a political subdivision orthe county nor shall any State public body, a

political subdivision or the county be liable forthe payment of principal or interest on suchobligations.

(2) The shall have no power ofeminent domain.

(d) Affirmative action. --The authority shalldevelop and implement an affirmative action planto assure that all persons are accorded equality ofopportunity in employment and contracting by theauthority, its contractors, subcontractors,assignees, lessees, agents, vendors and sup-oliers.

CREDIT(S)


1994, Dee. 27, P.L 1375, No. 162, § 5, irnd.

IFN1J 16 P.S. § 13113(d).



16 P.S. § 13106, Capital and operating budgets

*1423516 13106

PURDON'S PENNSYLVAMASTATUTES AND CONSOLIDATED


ANNOTATEDTITLE 16. COUNT]ISCHAPTER 4. OiliER

PROVISIONSCOUNTrES

ARTICLE XXX. ThIRD CLASSCOUNTY CONVENTION CENTER

AUTHORITY ACT

Current through the end of l996Reg. andthrough 1996 Sp. No. 2

§ 13106. Capital and operating budgets

(a) Capital budget--At least 90 days before thecommencing of the ensuing fiscal year of theauthority, the board shall cause to be prepared andsubmitted to it a recommended capital budget.The capital budget shall show in detail the capitalexpenditures to be made or incurred in the nextfiscal year which are to be financed from fundssubject to control or appropriation by the boar&For each separate purpose, project, facility orother property, there shall be shown the amountand the source of the money that has been spent,encumbered or is intended to be spent or

encumbered during the fiscal year. No later thanthe date of the adoption of the annual operatingbudget, the board shall by a majority vote of itsmembers adopt a capital budget.

(b) Operating budget--At least 90 days beforethe commencing of th year of theauthority, the board shall cause to be prepared aridsubmitted to it a recommended operating budget.The operating budget shall be prepared with theaid of the governing bodies of the county andcounty seat. In the event that the operating budgetis not in and detail satisfactory to thegoverning body, they may require that theoperating budget be redrafted and resubmitted,and the governing body shall not be considered tobe in receipt of the operating budget or anyamendments unless the form and detail is to thegoverning body's satisfaction. The operatingbudget should set forth the estimated receipts andrevenues of the authority during the next fiscalyear. 'e board shall at least 30 days before theend of the fiscal year adopt by a majority vote ofits members an operating budget for the nextfiscal year.

CREDIT(S)


1994, Dec. 27, FL 1375, No. J62, § 6, effective.

<General Materials - References,Annotations, or Tables>

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16 P.S. § 13107, Purposes and powers; bonds

*1423616 P.S. § 13107

PURDON'S PENNSYLVANIASTATUTES AND CONSOLI])ATED


STATUTES ANNOTATEDTITLE 16. COUNTrESCHAPTER 4. OTaER

PROVISIONSCOUNTIES


AUTHOfflyy ACT


§ 13107. Purposes and powers; bonds

(a) Bond issues to be authorjzed.—The bonds ofan {FN1] authority created under this act andauthorized to be issued shall be authorized byresolution of the board of the authority and shallbe of such series, bear such date or dates, matureat such time or times not exceeding 40 years fromtheir respective dates, bear interest at such rate orrates as shall be determined by the board asnecessary to issue and sell the authorized bonds,be in such denominations, be in such form, eithercoupon or fully registered without coupons, carrysuch registration, exchangeability andinterchangeability privileges, be payable in suchmedium of payment and at such place or places,be subject to such terms of redemption and beentitled to such priorities in the revenues orreceipts of the authority as the resolution orresolutions may provide. The bonds shall besigned by or shall bear the facsimile signatures ofsuch officers as the authority shall determine, andcoupon bonds shall have attached thereto interestcoupons bearing the facsimile of thetreasurer of the authority, and all bonds shall beauthenticated by an authenticating agent, fiscalagent or trustee, all as ma be prescribed in suchresolution or resolutions. The bonds may beissued and delivered notwithstanding that one ormore of the officers signing the bonds or the

treasurer whose facsimile signature shall be uponthe coupon shall have ceased to be such officer orofficers at the time when the bonds shall actuallybe delivered.

(b) Sale of bonds may be sold atpublic sale or private negotiated sale for suchprice or prices and at such rate of interest as theauthority shall determine. Pending the preparationof the definitive bonds, interim receipts may beissued to the purchaser or purchasers of the bondsand may contain such tenns and conditions as theauthority may determine.

(c) Bonds to bebonds £halI haveinstruments undercommercial code).

(d) Use of net proceeds.--The net proceeds of theissue of bonds or notes may be used to pay thecosts of the project or to reimburse costs initiallypaid by a State public body, the county, anotherpolitical subdivision, an agency, an organizationor a person.

* 14237 (e) Refunding authorized.—

(1) Subject to the provisions of theoutstanding bonds, notes or other obligationsand subject to the provisions of this act, theauthority shall have the right and power torefund outstanding debt, in whole or in part, atany time and shall have the right and power torefund outstanding notes with or bondswith notes.

(2) As used in this subsection, the term"refund" and its variations means the issuanceand sale of obligations the proceeds of which areused or are to be used for the payment orredemption of outstanding obligations upon orprior to maturity.

CREDIT(S)

1997 Electronic Pocket Part Tpdate

1994, Dec. 27, PL 1375, No. 162, § 7, irnd.

(FN1J in enrolled bill.

Copyriciu (C) West Group 1997 No claim to original U.S. Govt. works

ne2otiable nstnmientg.--Thethe qualities ci negotiable

13 Pa.C.S. (relating to

16 P.S. § 13107, Purposes and powers-, bonds

<General Materials (GM) -Annotations, or Tables>


16 P.S. 13108, Provisions of bonds, and mortgages

*14238 16 P.S. § 13108

PURDON'S FENNSYLVANL1,STATUTES AND CONSOLIDATED

STATUTES ANNOTATEDPURDON'S PENNSYLVAN[4

STATUTES ANNOTATEDTITLE 16. COUN'flISCHAPTER 4. 0 .[IELER

PROYISIONS

ARTICLE XXX. TBIRD CLASSCOUNTY CONVENTION CENTER

AUTHORITY ACT

Current through the of 1996 Reg. Sess. andthrough 1996 Sp. Sess. No. 2

§ 13108. Provisions of bonds, trusts,indentures and mortgages

In connection with the issuance of bonds or theincurring of obligations under leases and in orderto secure the payment of such bonds andobligations, the authority, in addition to its otherpowers, shall have the power to:

(1) Pledge all or part of its gross or netrevenues to which its right then exists or maythereafter come into existence.

(2) Mortgage all or part of its real or personalproperty then owned or thereafter acquired.

(3) Covenant against pledging all or part ofits revenues or against all or part ofits real or personal property to which its ri2ht ortitle exists or may thereafter come into existenceor against permitting or suffering a lien on suchrevenues or property; to covenant with respectto limitations on its right to sell, lease or

dispose of its real property; and tocovenant as to what other or additional debts orobligations may be incurred by it.

(4) Covenant as to the bonds to be issued andas to the issuance of the bonds, in escrow orotherwise, and as to the use and disposition ofthe proceeds; to provide for the replacement oflost, destroyed or mutilated bonds; to covenantagainst extending the time for the payment of its

bonds or interest; and to redeem the bonds andto covenant for and provide the terms andconditions for their redemption.

(5) Covenant as to the amount and the useand disposition of revenues to be raised eachyear or other period of time by the authority; tocreate or to authorize the creation of specialfunds for debt service or other purposes; and tocovenant as to the use and disposition of themoneys held in such funds.

(6) Prescribe the procedure, if any, by whichthe terms of a contract with bondholders may beamended or abrogated, the amount of bonds, theholders of which must consent thereto and themanner in which consent may be given.

(7) Covenant as to the use of its real orproperty; to warrant its title; and to

covenant as to the maintenance and replacementof its zeal and personal property, the insurance tobe carried on the property and the use anddisposition of insurance moneys.

* 14239 (8) Covenant as to the rights,liabilities, powers and duties arising upon thebreach by it of any covenant, condition orobligation; and to covenant and prescribe in theevent of default as to terms and conditions uponwhich its bonds or obligations shall become ormay be declared due before maturity and as tothe terms and conditions upon which suchdeclaration and its consequences may be waived.

(9) Vest lit a trustee or the holders of bondsor any proportion of them the right to enforce thepayment of the bonds or any covenants securingor relating to the bonds; to vest in a trustee theright in the event of a default by the authority totake possession and use, operate and manage anyreal property and to collect the rents andrevenues arising therefrom and to dispose ofsuch moneys in accordance with the agreementof the authority with the trustee; to provide forthe powers and duties of a trustee and to limitthe trustee's liabilities; and to provide the termsand conditions upon which the trustee or theholders of bonds or any proportion of them mayenforce covenants or rights securing or relatingto the bonds.

(10) Obtain letters of credit and bondinsurance.

(11) Exercise all or any part or combination

Copvriht (c) West Group 1997 No claim to original U.S. Govt. works

16 P.S. § 13108, Provisions of bonds, trusts, indentures and mortgages

of the powers granted in this section; to make enumerated in this section.covenants other than and in additiQn to thecovenants expressly authorized in uus section, CREDIT(S)and [FN1] to make such covenants and to doany and all such acts and things as may •be 1997 Electronic Pocket Part Updatenecessary or convenient or desirable in order tosecure its bonds or, in the absolute discretion of 1994. Dec. 27, )'.L /375, No. 162,58, (md. effective.the atithority, as will tend to accomplish the

omitted in enrolled bill.purposes of this act by making the bonds moremarketable notwithstanding that such covenants, <Generaj Materials (GM) - References,acts or things may not be specifically Annotations, or Tables>

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16 P.S. § 13109, Remedies

*14240 16 P.S. 13109



STATUTES ANNOTATEDTITLE 16. COUNTrESCHAPTER 4.

PROVISIONS CONCERNING


AUTHORfly ACT

Current through the end of 1996 Reg. andthrough 1996 Sp. Sess. No. 2

§ 13109. Remedies of obligee of

An obligee of the authority shall have the right,in addition to all other rights which may beconferred on the obligee, subject only to any

contractual restrictions binding upon the obligee:

(1) By mandamus, suit, action or proceedingat law or in equity, to compel the authority andits members, officers, agents or employees toperform each and every term, provision andcovenant contained in any bond or contract ofthe authority with or for the benefit of theobligee and to require the canying out of any orall such covenants and agreements of theauthority and the fulfillment of all dutiesimposed upon the authority by this act.

(2) By proceeding in equity, to obtain aninjunction against any acts or things maybe unlawful or the violation of any of the rightsof the obligee.

CREDIT(S)

1997 Pocket Part Update

1994. Dec. 27, PL 1375, No. 162, § 9, imd. efecth'e.



16 P.S. § 13 I 10, Additional remedies conferrable by authority

*14241



STATUTES ANNOTATEDTITLE 16.CHAPTER 4. OTRER

PROVISIONSCOUN1TES

ARTICLE XXX. ThIRD CLASSCOUNTy CONVENTION CENTER

ACT

Current through the end of l996Reg. andthrough Z996Sp. Sess. No. 2

§ 13110. Additional remedies conferrableby authority

(a) Additional authority shallhave power by its resolution, trust, indenture ormortgage to confer upon any obligees holding orrepresenting a specified percentage of bonds theright, in addition to all rights that may otherwisebe conferred, upon the happening of an event ofdefault as defined in the resolution or instrument,by suit, action or proceeding in a court ofcompetent jurisdiction:

(1) to obtain the appointment of a receiver ofany real property or leasehold interest of theauthority and of the rents and profits therefrom.If a receiver be appointed, he may enter and take

possession of the real property or any leaseholdinterest, operate the same and collect and receiveall revenues or other income thereafter arisingtherefrom and shall keep the money in a separateaccount and apply the same in accordance withthe obligations of the authority as the court shalldirect; or

(2).to require the authority and its membersto account as if it and they were the trustees ofan express trust.

(b) Authority of receiver.--Nothing in this actshall authorize a receiver appointed pursuant tothis act for the purpose of operating andmaintaining any facilities of the authority to sell,assign, mortgage or otherwise dispose of any ofthe assets, of whatever kind or character,belonging to the authority. It is the intention ofthis act to limit the powers of the receiver to theoperation and maintenance of the facilities of theauthority as the court shall direct, and no holder orholders of bonds of the authority nor any trusteeor other obligee shall ever have the right in anysuit, action or proceeding, at law or in equity, tocompel a receiver, nor shall any receiver ever beauthorized or court be empowered to direct thereceiver, to sell, assign, mortgage or otherwisedispose of any assets of whatever Idnd orcharacter belonging to the authority.

CREDIT(S)

1997 Electronic Pocket Part

1994, Dec. 27 PL 1375, No, 162,510, find.



13!lI,Goverriingboard

*1424216 P.s. § 13111

PURDON'S PENNSYLVANIASTATUTES AND CONSOLIDATED


STATUTES ANNOTATEDTITLE 16. COTJNT[ESCHAPTER 4. OIliER

PROVISIONSCOUNTiES


AUTHOBr.ry ACT

Current through the end ofl996Reg. Sess. andthrough 1996 Sp. 2

§ 13111. Governing board

(a) Power.--The power of the authority shall beexercised by a governing board composed ofseven members.

(1) The governing body [FN1J of the countyseat in which the convention center is locatedshall appoint three members. The term of officeof these members shall be fouryears. The termsof the first three members appointed shall beallocated between them for a two-year, three-year and four-year term,

(2) The governing body of the county [FN2]iii which the convention center is located shallappoint three members. The term of office ofthese members shall be four years. The terms ofthe first three members appointed shall beallocated between them for a two-year, three.year and four-year term, respectively.

(3) The two governing bodies shall alternatein the appointment of the seventh board member.The governing body of the county shall make thefirst of the seventh board memberwhose term shall be for four years.

(4) If the authority created pursuant to section4 [FN3] is created by the county acting alone,the governing bod of the count-v in which theconvention center is located shall appoint allseven members of the board. The term of office

of these members shall be four years. The termsof the first members appointed shall be allocatedamong them as follows: a one-year term, twotwo-year terms, two three-year terms and twofour-year terms. At least one member shall be arepresentative of the tourist promotion agency ofthe county.

(b) Terms and vacancies.--Except as otherwiseprovided, members shall serve a four-year termfrom the date of their appointment and until theirsuccessors have been appointed and qualified. Ifavacancy shall occur by means of the death,disqualification, resignation or removal of amember, subject to the provisions of subsection(a), the appointing authority shall appoint aSuccessor to fill the unexpired term.

(c) Compensation. --Subject to such aggregateper annum limitation and other rules andregulations as the board shall determine, amember shall receive $100 per board meeting.

*14243 (d) Organization...The members of theboard shall select from among themselves achairman and such other officers as the board maydetermine. Except as otherwise provided, allactions of the board shall be taken by a vote of atleast four members of the board, which shallconstitute a majority of the board, unless thebylaws of the authority shall provide for amajority vote by a present quorum in the absenceof a full board. The board shall have full authorityto manage the properties and business of theauthority and to prescribe, amend and repealbylaws, rules and reguiations governing themanner in which the business of the authority maybe conducted and the powers granted to it may beexercised and embodied. Notwithstanding anyother law, court decision, precedent or practice tothe contrary, no actions by or on behalf of theboard shall be taken by an officer of the boardexcept upon the approval of the board. As used inthis subsection, the term "actions by or on behalfof the board" means any action whatsoever of theboard, including, but not limited to, the hiring,appointment, removal, transfer, promotion ordemotion of any officers and employees, theretention, use or remuneration of advisors,

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I3!11, Governingboarcj

counsel, auditors, architects, engineers orconsultants, the initiation of legal action, themaking of contracts, leases, agreements, bonds,notes or covenants, the approval of requisitions,purchase orders, investments and reinvestinents,and the adoption, amendment, revision orrescission of rules and regulations, orders or otherdirectives.

(e) Nonliability of members.—Members of theboard shall not be liable personally on the bondsor other obligations of the authority, and the rightsof creditors shall be solely against the authority.The authority, itself or by contract, shall defendboard members, and the authority shall indemnifyand hold harmless board members, whethercurrently employed by the authority or not, against

and from any and all personal liabilities, actions,causes of action and claims made against them forwhatever actions they perform within the scope oftheir duties as board members.

CREDiT(S)


1994. Dec. 27. P.L. 1375. No. 162,511, bnd. effective.

fFNIJ "bodicf in enrolled bill.

[FN2J "of the county" omitted in enrolled bill.

[FN3]

<General Materials (GM) References,Annotations, or Tables>

Cop riht (c) West Group 1997 No claim to original U.S. Govt. works

16 P.S. § 13112, Sovereign immunity

*1424416 P.S. § 13112


STATUTES ANNOTATE])PURDON'S

STATUTES ANNOTATEDTITLE 16. COUN'rJ.ES

4. OTHERPROVISIONS CONCERNING

COUNTff5ARTICLE XXX. THIRD CLASS

COUNTY CONVENTION CENTERAUTHOpJIy ACT

Current through the end 011996 Reg. Sess. andthrough I 996 Sp. Sess. No. 2

§ 13112. Sovereign immunity

It is hereby declared to be the intent of the

General Assembly that the authority createdpursuant to this act and its officers, officials andemployees shall enjoy sovereign and officialimmunity, as provided in 1 Pa.C.S. 2310(relating to sovereign immunity reaffirmed;specific waiver) and remain immune from suitexcept as provided by and subject to theprovisions of 42 Pa.C.S. 8501 (relating todefinitions) through 8528 (relating to limitationson damages). Notwithstanding the provisions of42 Pa.C.S. 8525 (relating to legal assistance),the authority through its counsel shall defendactions brought against the authority and itsofficers and employees when acting within thescope of their official duties.

CREDIT(S)


1994, Dec. 27. P.L 1375, No. 162, § 12, L'ncL effective.

<General Materials, (GM) - References,Annotations, or Tables>

Copyri9.ht (c) West Group 1997 No claim to original U.S. Govt. works

Moneysofauthority

*1424516 P.S. § 13113

PURDON'SSTATUTES AND CONSOLLDATED


STATUTES ANNOTATEDTITLE 16.CHAPTER 4. OTaER

PROVISIONSCOUNTIES


AUTHOpJTy ACT

Current through the end of 1996 Reg. &ss. andthrough JP.96Sp. Sess. No. 2

§ 13113. Moneys of authority

(a) Paid to treasurer._AlJ moneys of theauthority, from whatever source derived, shall bepaid to the treasurer of the authority.

(b) Funds to be board shall investauthority funds consistent with sound businesspractice.

(c) Investment board shallprovide for an investment program subject torestrictions contained in this act and in any otherapplicable statute and rules and regulationsadopted by the board.

(d) Authorized types ofAuthorized types of for authorityfunds shall be:

(1) Direct obligations of or obligationsguaranteed by the United States.

(2) A bond, debenture, note, participationcertificate or other similar obligation issued byany one or combination of the followirkgagencies: Government National MortgageCorporation, Federal Land Banks, Federal HomeLoan Banks, Federal Intermediate Credit Banks,Banks for Tennessee ValleyAuthority, United States Postal Service, Farmers

Home Administration, Student Loan MarketingAssociation and Export-Import Bank of theUnited States.

(3) A bond, debenture, note, participationcertificate or other similar obligation issued bythe Federal National Mortgage Corporation tothe extent such obligations are guaranteed by theGovernment National Mortgage Corporation orissued by another Federal agency and backed bythe full faith and credit of the United States.

(4) Deposits in interest-bearing time ordemand deposits or certificates of deposit fullyinsured by the Federal Deposit InsuranceCorporation or its successors or the FederalSavings and Loan Insurance Corporation or itssuccessor or fully secured by any of theobligations described above to the extent not soinsurecL

(5) Repurchase agreements relating to, orinvestment agreements secured by or providingfor the acquisition of and, if applicable, resale of;obligations described in paragraphs (1) through(4) or obligations of the Federal Home LoanMortgage Corporation or the Federal NationalMortgage Association, with:

(i) banks or trust companies, which mayinclude a banking entity or depository;

*14746 (ii) brokers or broker-dealersregistered under the Securities Exchange Act of1934 (48 Stat. 881, 15 U.S.C. 78a-78jj)acceptable to the authority; or

(iii) insurance companies rated A± orbetter by and having a net capital andsurplus of at least $25,000,000 or certificatesof deposit with banks or trust companies fullysecured as to principal and accrued interest byobligations described in paragraphs (1) through(4) deposited with or subject to the control ofthe authority.

(6) Money market deposit accounts of banksor trust companies having a net capital andsurplus of at least $25,000,000, which mayinclude a banking entity or depository.

(7) The description of authorized investmentsas set forth in paragraphs (5) and (6) shall bemet only if the agreements referenced thereinprovide for the repayment of the principalamount invested at an amount not less than thatso investecL Whenever security is required as set

(c) Group 1997 No claim to original U.S. Govt. works

tO 1'.S. § 13113, Moneys of authority

forth in paragraphs (4) through (6), the securityshall be deposited with the treasurer of theauthority or be held by a trustee or agentsatisfactoty to the authority. Moneys of theauthority shall be paid Out on the warrant orother order of the chairman of the authority or ofsuch other person or persons as the authoritymay authorize to execute warrants or orders.

(e) Annual report to be filed; annual audits.--Anauthority created under this act shall file an annualreport with the Department of Commerce and withthe county and political subdivision constitutingthe county seat, which shall make provisions forthe accounting of revenues and expenses. Theauthority shall have its books, accounts andrecords audited annually in accordance withgenerally accepted auditing standards by anindependent auditor who shall be a certified publicaccountant, and a copy of his audit report shall beattached to and be made a part of the annual

report. A concise financial statement shall bepublished annually in a newspaper of generalcirculation in the county where the authority islocated.

(f) Power of inspection.--The Attoniey General,Auditor General, Secretaiy of the Budget and theChairman and Minority Chairman of theAppropriations Committee of the Senate and theChaimian and the Minority Chairman of theAppropriations Committee of the House ofRepresentatives shall have the right to examinethe books, accounts and records of the authority.

CREDIT(S)


1994, Dec. 27. FL 1375, No. 162,513, imd. effective.



16 P.S. § 13114, Transfer of facilities or funds: making of annual grants and lease payments toauthority

*14247 16 P.S. § 13114



STATUTES ANNOTATEDTITLE 16. COUNTIESCHAPTER 4.

PROVISIONS CONCERNThGCOUNTIES


AUTHORITY ACT


§ 13114. Transfer of existing facilities orfunds; making of annual grants andlease payments to authority

(a) Authority granted.--A State public body orpolitical subdivision may and is hereby authorizedto sell, lease or sublease from or to, lend, grant,convey or otherwise transfer or pay over to theauthority with or without consideration aconvention center, or parts thereof, or an interestin property, real, personal or mixed, tangible orintangible, or any funds available, needed orobligated for development, acquisition, desin,maintenance, management, operation, financing,leasing or subleasing, construction orimprovement purposes, including the proceeds ofbonds previously or hereafter issued forconstruction or improvement of a conventioncenter, or parts thereof. Property, funds or aconvention center, or parts thereof; received by theauthorit-v may be used for any lawful purpose ofthe authority. Nothing in this act nor in any otherlaw shall be deemed to make an authority orperson a State-supported or State-aided institutionunder any law of this Commonwealth.

(b) Grants authorized.-.The governing bodies ofthe county and county seat may and are herebyauthorized to make grants from current revenues

to the authority and to assist in defraying the costsof management, operation, maintenance, financingand debt service of a convention center or partsthereof and to enter into long-term agreementsproviding for the payment of the same and to enterinto long-term leases or subleases as lessee orsublessee of all or part of a convention center,provided that obligations of the county and countyseat to make grants, lease or sublease payments toan authority shall riot, even if based on debtobligations of an authority, constitute debts of thecounty and county seat within the meaning of anyconstitutional or statutory provision and shall bepayable only to the extent that current revenues ofthe county and couixty seat are available. Thecounty and county seat may issue generalobligation bonds for the purpose of obtainingfunds for local contributions pertaining toconvention centers, or parts thereof.

*14248 (c) Redevelopment assistance project.--The Commonwealth may contribute to the capitaicosts of constructing a convention center by theissuance of Commonwealth bonds and notespursuant to Article XVI-B of the act of April 9,1929 (P.L. 343, No. 176), known as The FiscalCode. [FN1J A convention center projectundertaken by the authority is hereby deemed tobe a redevelopment project for whichcapital funds of Commonwealth may beexpended pursuant to the provisions of the act ofMay 20, 1949 (P.L. 1633, No. 493), known as theHousing and Redevelopment Assistance Law,[FN2] and, notwithstanding any provisions of theHousing and Redevelopment Assistance Law, theDepartment of Community Affairs is herebyauthorized to make capital grants directly to theauthority in furtherance of this act.

CREDIT(S)


1994. Dec. 27, P.!..,. 1375, 162, § 14, effecttve.

[FNIJ 1601-B et seq.

[FN2J 35 P.S. § 1661 et seq.

<General Materials (GM) - References,


16 P.S. § 13114, Transfer of existing facilities or funds; making of annual grants and lease payments to authority

Annotations, or Tables>


16 P.S. § 13115. Award of contracts

*1424916 P.S. § 13115



STATUTES ANNOTATEDTITLE 16. COUNTJESChAPTER 4. O'fJELER

PROVISIONS CONCERNINGCOUNTIES


AUTHORITY ACT

Current through the end of 1996 Reg. Sess. andthrough I996Sp. Ses.r. No. 2

§ 13115. Award of contracts

(a) Lowest responsible bidder.—AJj construction,reconstruction, repairs or work of any nature madeby the authority where the entire cost, value oramount of the construction, reconstruction, repairsor work, including labor and materials, shallexceed $10,000, except construction,reconstruction, repairs or work done by employeesof the authority or by labor supplied undera?eement with any Federal agency, State publicbody or political subdivision, with supplies aridmaterials purchased as hereinafter provided, shallbe done only under contract or contracts to beentered into by the authority with the lowestresponsible bidder upon proper terms after duepublic notice has been given asking forcompetitive bids as hereinafter provided, but theauthority shall have the right to reject any or allbids or select a single item from any bid. Nocontract shall be entered into for construction orimprovement or repair of any project or portionthereof unless the contractor shall providesufficient surety or sureties approved by theauthority and in an amount fixed by the authoritfor the performance of the contract. All contractsshall provide among other things that the personor corporation entering into the contract with theauthority will pay for all materials furnished andscrvices rendered for the performance of the

contract and that a person or corporationfurnishing materials or rendering services maymaintain an action to recover for the same againstthe obligor in the undertaking as though theperson or corporation was named therein providedthe action is brought within one year after the timethe cause of action accrued. Nothing in thissection shall be construed to limit the power of theauthority to construct, repair or improve a projector portion thereof or any addition, betterment orextension thereto directly by the officers andemployees of the authority. The authority shallaward the construction of a convention centeraccording to the provisions of the act of May 1,1913 (P.L. 155, No. 104), [FN1] entitled "An actregulating the letting of certain contracts for theerection, construction, and alteration of publicbuildings," and shall be subject to the act ofNovember 26, 1978 (P.L. 1309, No. 317), [FN2]referred to as the Public Works ContractRegulation Law. Nothing in this section or anyother law of this Commonwealth shall require theauthority to competitively bid architectural design,engineering or other professional services requiredby the authority.

* 14250 (b) Supplies andmaterials costing $10,000 or more to

be acquired directly by the authority shall bepurchased only after due advertisement ashereinafter provided. The authority shall acceptthe lowest bid or bids from a responsible bidder,kind, quality and material being equal, but theauthority shall have the right to reject any or allbids or select a single item from a bid. Theprovisions as to bidding shall not apply to thepurchase of unique supplies and materials orsupplies and materials which cannot be obtainedin the open market.

(c) Management prerogatives.-.Notbing in thissection or in any other law of the Commonwealthshall preclude the board with the approval of fivemembers from negotiating contracts formanagement, operation, concession services,licensing or leasing of a convention center, or anypart thereof. The authority shall not award acontract to a manager, operator, concessionaire,licensee, lessee or lessor that exceeds three years

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16 P.S. § 13115, Award ofc ntracts

in duration unless five members of the boardapprove the awarding of a contract for a greaterperiod of time.

(d) Application of county or county seatordinances...The authority, its contractors,subcontractors, assignees, lessees, agents, vendorsand suppliers shall not be subject to county orcounty seat laws, ordinances, rules or regulationsreLating to limits or preferences with regard toemployment, contracting or procurement in theconstruction and operation of the conventioncenter.

(e) Application of other acts.-.-The authorityshall be subject to the act of August 15, 1961(P.L. 987, No. 442), known as the PennsylvaniaPrevailing Wage Act, [FN3J the act of March 3,1978 (P.L. 6, No. 3), known as the Steel ProductsProcurement Act EFN4J and the act of April 4,1984 (P.L. 193, No. 40), known as the MotorVehicle Procurement Act. [FN5]

(f) Definitions --As used in this section, the

terms "advertisement" or "public notice" mean anotice published at least ten days before the awardof a contract in a newspaper of general circulationpublished in the county, provided that the noticemay be waived where the authority determines anemergency exists and supplies and materials mustbe immediately purchased by the authority.

CREDIT(S)


1994, Dec. 27, P.L 137.5, No. 162,513, find. effective.

LFNII 53 P.S. 1501 etscq.

[FN2] 73 P.S. § 1621 et seq.

IFN3I 43 P.S. § 165-1 et seq.

[FN4I 73 P.S. § 1881 et seq.

[FNSJ 1891 et seq.


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16 P.S. 13116, Intcrcst.s of public public employees and party officers

*14251 13116




PROVISIONSCOUNTIES


AUTHORITY ACT

Current through the end of 1996 Reg. Sess. andthrough 1996 Sp. Sess. No. 2

§ 13116. Interests of public officers, publicemployees and party officers

(a) Restrictions upon authority management.level employees.-.

(1) No party_officer, public officer, publicoflicial or public employee shall be employed asa management.levej authority employee.

No person convicted of an infamous crimeshall be employed as a management-levelemployee by the authority.

(b) Restricted activities; statement of financialinterests; public meetings and records.--Theprovisions of the act of October 4, (P.L.883, No. 170), referred to as the Public Officialand Employee Ethics Law, [FNfl and the act ofJuly 19, 1957 (P.L. as theState Adverse Interest Act, {FN2J are hereby madespecifically applicable to board members, officersand employees of the authority, For the purposesof application of these acts, employees of theauthority shall be regarded as public employees ofthe Commonwealth and officers or boardmembers of the authority shall be regarded aspublic officials of the Commonwealth whether ornot they receive compensation The authorityshall also be subject to the act of June 21, 1957(P.L. 390, No. 212), referred to as the Right-to.

Know Law, [FN3J and the act of July 19, 1974(P.L. 486, No. 175), referred to as the PublicAgency Open Meeting Law, [FN4] relating toopen meetings.

Cc) Conflicts of theprovisions of subsection (b), the followingprohibitions shall apply to authority created bythis act:

(1) No employee or otheremployee of the authority shall use his positionwith the authority or confidential informationreceived through his position with the authorityto obtain financial gain other than compensationprovided by law for a member of hisimmediate family or a business with which he isassociated.

(2) No person shall offer or give to amanagement-level employee or other employeeof the board or a member of his immediatefamily or a business with which he is associated,and no management-level employee or otheremployee of the board shall solicit or acceptanything of value, including a gift, loan, politicalcontribution, reward or promise of futureemployment, based on an understanding that thevote, official action or judgment of themanagement-level employee or other employeeof the board would be influenced thereby.

* 14252 (3) No management-level employeeor other employee of the board or a member ofhis immediate family or a business in which theperson or a member of the persorfs immediatefamily is a director, officer, owner or holder ofstock exceeding 5% of the at fair marketvalue of the business shall enter into a contractvalued at $500 or more to provide goods orservices to the authority unless the contract hasbeen awarded to the lowest responsible bidderthrough an oj,en and public process, includingprior public notice and subsequent publicdisclosure of all proposals considered andcontracts awarded.

(4) No former management-level employee orother former employee of the board shallrepresent a person, . with or withoutcompensation, on any matter before the authoritywith which he has been associated for one year


16 P.S. § 13116, Interests of public officers, public employees and party Officers

after he leaves the authority.(5) An individual who is a State, county seat

or county public officer or public official or aparty officer, a member of the immediate familyof such an individual or a business with whichsuch an individual, or immediate family memberis associated shall not have a financial interest ina contract valued at 5500 or more to providegoods or services to the authority either duringthe time the person holds the office or for twoyears after the person terminates the officeunless the contract is executed pursuant to theprovisions of paragraph (3). For purposes ofthis paragraph, the term "financial shallnot include employment by, association with orownership of a business association thepublic officer, public official, party orimmediate family member shares of stockin the corporation in an amount in excess of 5%of the total issue of the stock of the corporationor has an ownership interest in a noncorporatebusiness association in an amount in excess of5% of the total ownership of thebusiness association.

(6) No management-level employee or otheremployee of the board nor an advisor orconsultant to the county seat, the county or theState, having recommended to the authoritywhich he serves either the making of a contractrelating to a convention center authority or acourse of action of which the making of such acontract is an express or implied part, shall, atany time thereafter, have an adverse interest in

.e contract.(7) No management.level employee or other

of the authority, the county seat, thecounty or the State shall influence or attempt toinfluence the making of or supervise or in anymaniler deal with a contract with the authority inwhich he has an adverse interest.

(8) No employee or otheremployee shall have an adverse interest in acontract with the authority.

(9) No person having an adverse interest in acontract with the authority shall become amanagement-le\'el employee or other employeeof the authority until the adverse interest shallhare been wholly divested.

(10) No employee or other

employee of the authority, the county seat, thecounty or the State, except in the performance ofhis duties as an employee, shall forremuneration, directly or indirectly, represent aperson upon a matter pending before theauthority.

*14253 Enforcement; penalties.—

(1) A person who violates this section shallhave his authorityimmediately terminated by the appropriateperson having the power to terminate and shallbe liable to the authority to reimburse theauthority for all compensation received by himfrom the authority while in violation ofsubsection (a).

(2) A person who violates subsection (c)(1)or (2) commits a felony and shall be sentenced topay a fine of not more than $10,000 or toimprisonment for not more than five years, orboth.

(3) A person who violates subsection (c)(3)through (10) commits a misdemeanor and shallbe sentenced to pay a fine of not more than$1,000 or to imprisonment for act more than oneyear, or both.

(4) A person who obtains financial gain fromviolating subsection (c), in addition to any otherpenalty provided by law, shall pay into theaccounts of the authority a sum of money equalto three times the financial gain resulting fromthe violation.

(5) A person who violates subsection (c) shallbe barred for a period of five years fromengaging in any business or ccitract with theauthority, thec seat, the county, the Stateand all political subdivisions.

(6) An employee of the seqt, county,State or any political subdivision or a publicofficer or public official who violates subsection(c) shall forfeit the office oremployment he may then hold.

(7) The penalties and sanctions provided bythis section shall supersede any similar penaltiesand sanctions provided by the Public Officialand Employee Ethics Law and State AdverseInterest Act,


16 P.S. § 13116, Interests of public officers, public employees and party officers

(c) Definitions.--As used in this section, thefollowing words and phrases shall have themeanings given to them in this subsection:

"Business." A corporation, partnership, soleproprietorship, firm, enterprise, franchise,association, organization, self-employedindividual, holding company, joint-stockcompany, receivership, trust or any legal entityorganized for profit or as a not-for-profitcorporation or organization.

"Business with which he isbusiness in which the person orperson's immediate family is a

owner, employee or holder of stock.

"Immediate family." A parent, spouse, child,brother, sister or like relative-in-Jaw.

"Infamous crime." A violation and convictionfor an offense which would disqualify anindividual from holding public office pursuant tosection 6 of Article II of the Constitution ofPennsylvania or a conviction for a violation of thissection, 18 Pa.C.S. § 4113 (relating tomisapplication of entrusted property and propertyof government or financial institutions) or 18Pa.C.S. Ch. 47 (relating to bribery and corruptinfluence), 49 (relating to falsification andintimidation), 51 (relating to obstructinggovernmental operations) or 53 (relating to abuseof office) or any other violation of the laws of thisCommonwealth for which an individual has beenconvicted within the preceding ten years andwhich is classified as a felony, and similarviolations of the laws of another state or theFederal Government

* 14254 authorityThe chairman and members of the

board of the authority, counsel employed by theauthority, the executive director of the authorityand any authority employee with discretionarypowers which may affect the outcome of theauthority's decision in relation to a privatecorporation or business or any employee who byvirtue of his job function could influence theoutcome of the decision.

"Party officer." The following members orofficers of a political party:

(1) a member of a national committee;(2) a chairman, vice chairman, secretaiy,

treasurer or counsel of a State committee ormember of the executive committee of a Statecommittee;

(3) a city chairman or vice chairman orcounsel, secretary or treasurer of a citycommittee; or

(4) a county chairman or vice chairman orcounsel, secretary or treasurer of a countycommittee.

"Person." A business, individual, corporation,union, association, firm, partnership, committee,club or other organization or group of persons.

An individual employed bythe Commonwealth or ais responsible for taking or recommending officialaction of a nature with regard to:

(1) contracting or procurement;(2) administering or monitoring grants or

subsidies;(3) planning or zoning;(4) inspecting, licensing, regulating or

auditing any person; or(5) any other activity where the official action

has an economic impact of greater than a deminimu.s nature on the interest of any person. Apublic employee shall not include individualswho are employed by the State or a politicalsubdivision in teaching, as distinguished fromadministrative duties.

"Public officer." A person elected to any publicoffice of the Commonwealth or a politicalsubdivision.

An elected or appointedofficial in the executive legislative or judicial

the State orprovided that it shall not include members ofadvisory boards that have no authority to expendpublic funds other than reimbursement for

associated." Aa member of thedirector, officer,

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16 P.S. § 13116, Interests of public officers, public employees and party officers

personal expense, or to otherwise exercise the 1994. Dec. 27. FL 1375, No. 162.116.power of the State or a political subdivision. The

[FNIIterm shall not include an appointed ofLczal whoreceives no compensation other than (FN2] 71 P.S. 776.1 et seq.reimbursement for actual expenses.

fFN3] 65P.S.*66.Ictseq.

CREDrr(S)[FN4] 65 P.S. 261 et seq. Rep.

1997 Electronic Pocket Part Update <General Materials (GM) - References,Annotations, or Tables>

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16 P.S. § 13116, of public officers, public employees and pany officers Page 25*14251 16 P.S. § 13116


STATUTES ANNOTATEDPURD ON'S

STATUTES ANNOTATEDTITLE 16. COUNTIESCHAPTER 4. OTRER

PROVISIONS

CONVENTION CENTERAUTHORITy ACT

Current through the end of i996Reg. Sess. andthrough 1996 Sp. Se.cs. No. 2

§ 13116. Interests of public officers, publicemployees and party officers

(a) Restrictions upon authority managementlevel employees.--

(1) No party officer, public officer, publicofficial or public employee shall be employed asa management.level authority employee.

(2) No person convicted of an infamous crimeshall be employed as a management-levelemployee by the authority.

(b) Restricted activities; Statement of financialinterests; public meetings and records.--Theprovisions of the act of October 4, 1978 (P.L.883, No. 170), referred to as the Public Officialand Employee Ethics Law, [FN1J and the act ofJuly 19, 1957 (P.L. 1017, No. 451), Imown as theState Adverse Interest Act, [FN2] are hereby madespecifically applicable to board members, officersarid employees of the authority. For the purposesof application of these acts, employees of theauthority shall be regarded as public employees ofthe Commonwealth, and officers or boardmembers of the authority shall be regarded aspublic officials of the Commonwealth, whether ornot they receive compensation. The authorityshall also be subject to the act of June 21, 1957(P.L. 390, No. 212), referred to as the Right-to-

Know Law, [FN3J and the act of July 19, 1974(P1. 486, No. 175), referred to as the PublicAgency Open Meeting Law, [FN4J relating toopen meetings.

Cc) Conflicts of interest.--Notwithstanding theprovisions of subsection (b), the followingprohibitions shall apply to the authority created bythis act:

(1) No management-level employee or otheremployee of the authority shall use his positionwith the authority or con.fidential informationreceived through his position with the authorityto obtain financial gain other than compensationprovided by law for himself, a member of hisimmediate family or a business with which he isassociated.

(2) No person shall offer or give to amanagement-level employee or other employeeof the board or a member of his immediatefamily or a business with which he is associated,and no management-level employee or otheremployee of the board shall solicit or acceptanything of value, including a gift, loan, politicalcontribution, reward or promise of futureemployment, based on an understanding that thevote, official action or judament of the

employee or other employeeof the board would be influenced thereby.

*14252 (3) No management-level employeeor other employee of the board or a member ofhis immediate family or a business in which theperson or a member of the person's immediatefamily is a director, officer, owner or holder ofstock exceeding 5% of the equity at fair marketvalue of the business shall enter into a contractvalued at S500 or more to provide goods orservices to the authority unless the contract hasbeen awarded to the lowest responsible bidderthrough an open and public process, includingprior public notice and subsequent publicdisclosure of all proposals considered andcontracts awarded.

(4) No former management-level employee orother former employee of the board shallrepresent a person, . with or withoutcompensation, on any matter before the authoritywith which he has been associated for one year


16 P.S. § 13116, Interests of public officers, public employees and party officers Page 26

after he leaves the authority.(5) An individual who is a State, county seat

or county public officer or public official or aparty officer, a member of the immediate familyof such an individual or a business with whichsuch an individual. or immediate family memberis associated shall not have a financial interest ina contract valued at $500 or more to providegoods or services to the authority either duringthe time the person holds the office or for twoyears after the person terminates the officeunless the contract is executed pursuant to theprovisions of paragraph (3). For purposes ofthis paragraph, the term "financial interest" shallnot include employment by, association with orownership of a business association unless thepublic officer, public official, party officer orimmediate family member owns shares of stockin the corporation in an amount in excess of 5%of the total issue of the stock of the corporationor has an ownership interest in a noncorparatebusiness association in an amount in excess of5% of the total ownership of the noncorporatebusiness association.

(6) No management-level employee or otheremployee of the board nor an advisor orconsultant to the county seat, the county or theState, having recommended to the authoritywhich he serves either the making of a contractrelating to a convention center authority or acourse of action of which the making of such acontract is an express or implied part, shall, atany time thereafter, have an adverse interest inthe contract.

(7) No management-level employee or otheremployee of the authority, the county seat, thecounty or the State shall influence or attempt toinfluence the making of or supervise or in anymanner deal with a contract with the authority inwhich he has an adverse interest.

(8) No management-level employee or otheremployee shall have an adverse interest in acontract with the authority.

(9) No person having an adverse interest in acontract with the authority shall become amanagement-level employee or other employeeof the authority until the adverse interest shallhave been wholly divested.

(10) No management-level employee or other

employee of the authority, the county seat, thecounty or the State, except in the performance ofhis duties as an employee, shall forremuneration, directly or indirectly, represent aperson upon a matter pending before theauthority.

*14253 (d) Enforcement; penalties.—

(1) A person who violates this section shallhave his employment by the authorityimmediately terminated by the appropriateperson having the power to terminate and shallbe liable to the authority to reimburse theauthority for all compensation received by himfrom the authority while employed in violation ofsubsection (a).

(2) A person who violates subsection (c)(l)or (2) commits a felony and shall be sentenced topay a fine of not more than $10,000 or toimprisonment for not more than five years, orboth.

(3) A person who violates subsection (c)(3)through (10) commits a misdemeanor and shallbe sentenced to pay a fine of not more than$1,000 or to imprisonment for not more than oneyear, orboth.

(4) A person who obtains financial gain fromviolating subsection (c), in addition to any otherpenalty provided by law, shall pay into theaccounts of the authority a sum of money equalto three times the financial gain resulting fromthe violation.

(5) A person who violates subsection (c) shallbe barred for a period of five years fromengaging in any business or contract with theauthority, the county seat, the county, the Stateand all political subdivisions.

(6) An employee of the county seat, county,State or any political subdivision or a publicofficer or public official who violates subsection(c) shall automatically forfeit the office oremployment he may then hold.

(7) The penalties and sanctions provided bythis section shall supersede any similar penaltiesand sanctions provided by the Public Officialand Employee Ethics Law and State AdverseInterest Act.

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16 P.S. 131 16, Interests of public officers, public employees and party officers Page 27

(e) Definitions..-As used in this section, thefollowing words and phrases shall have themeanings given to them in this subsection:

"Business." A corporation, partnership, soleproprietorship, firm, enterprise, franchise,association, organization, self-employedindividual, holding company, joint-stockcompany, receivership, trust or any legal entityorganized for profit or as a not-for-profitcorporation or organization.

"Business with which he is associated." Abusiness in which the person or a member of theperson's immediate family is a director, officer,owner, employee or holder of stock.

"Immediate family." A parent, spouse, child,brother, sister or like relative-in-law.

"Infamous crime." A violation and convictionfor an offense which would anindividual from holding public office pursuant tosection 6 of Article II of the Constitution ofPennsylvania or a conviction for a violation of thissection, 18 Pa.C.S. § 4113 (relating tomisapplication of entrusted property and propertyof government or financial institutions) or 18Pa.C.S. Ch. 47 (relating to bribery and corruptinfluence), 49 (relating to falsification andintimidation), 51 (relating to obstructinggovernmental operations) or 53 (relating to abuseof office) or any other violation of the laws of thisCommonwealth for which an individual has beenconvicted within the preceding ten years andwhich is classified as a felony, and similarviolations of the laws of another state or theFederal Government.

*14254 "Management.level authorityemployee." The chairman and members of theboard of the authority, counsel employed by theauthority, the executive director of the authorityand any authority employee with discretionarypowers which may affect the outcome of theauthority's decision in relation to a privatecorporation or business or any employee who byvirtue of his job function could influence theoutcome of the decision.

"Party officer." The following members orofficers of a political party:

(1) a member of a national committee;(2) a chairman, vice chairman, secretary,

treasurer or counsel of a State committee ormember of the executive committee of a Statecommittee;

(3) a city chairman or vice chairman orcounsel, secretary or treasurer of a citycommittee; or

(4) a county chairman or vice chairman orcounsel, secretary or treasurer of a county

"Persoti." A business, individual, corporation,union, association, finn, partnership, committee,club or other organization or group of persons.

"Public employee." An individual employed bythe Commonwealth or a political subdivision whois responsible for taking or recommending officialaction of a nonministeriai nature with regard to:

(1) contracting or procurement;(2) administering or monitoring grants or

subsidies;(3) planning or zoning;(4) inspecting, licensing, regulating or

auditing any person; or(5) any other activity where the official action

has an economic impact of greater than a deminimus nature on the interest of any person. Apublic employee shall not include individualswho are employed by the State or a politicalsubdivision in teaching, as distinguished fromadministrative duties.

"Public officer." A person elected to any publicoffice of the Commonwealth or a politicalsubdivision.

"Public official." An elected or appointedofficial in the executive, legislative or judicialbranch of the State or a political subdivision,provided that it shall not include members ofadvisory boards that have no authority to expendpublic funds other than reimbursement for


16 P.S. § 13116, Interests of public officers, public employees and party officers Page 28

personal expense, or to otherwise exercise the 1994, Dcc. 27. FL 1375, No. 162,516, imd.. effective.power of the State or a political subdivision. The

[FN1I 65P.S.*4Uletscq.term shall not include an appointed whoreceives no compensation other than [FN2] 71 P.S. 776.1 et seq.reimbursement for actual expenses.

{FN3] 65 P.S. 66.1 Ct seq.

CREDIT(S)[FN4] Ctscq.Rep.

1997 Electronic Pocket Part Update <General Materials (GM) - References,Annotations, or Tables>


16

P.S. § 13117

PURDON'SSTATUTES AND CONSOLII)ATED


STATUTES ANNOTATEDTITLE 16. COtJNTLESCHAPTER 4.

PROVISIONSCOUNTIES


AUTHORfly ACT

Current through the end of1996 Reg. Sess. andthrough 1996 Sp. &ss. No. 2

§ 13117. Acquisition of lands

The authority shall have the power to acquire bypurchase either the fee or such right, title, interestor easement or any combination thereof in suchlands within the county or county seat as theauthority may deem necessary for the purposementioned in this act, except that a conventioncenter constructed pursuant to the terms of this actmust be located in a Redevelopment AssistanceEligible Area.

CREDiT(S)


1994, Dec. 27,PJ.. 1375, No. 17, effective.



16 P.S. § 131 18, Use and operation of convention center Page 30

PURDON'S PENNSYLVANLASTATUTES AND CONSOLIDATED

STATUTES ANNOTATEDPURD ON'S

STATUTES ANNOTATEDTITLE 16. COUNTIESCHAPTER 4. OTifER

PROVISIONSCOUNTIES

ARTICLE XXX. THIRD CLASSCOUNTY CONYENyjON CENTER

AUTHORITY ACT

Current through the end of 1996Reg. Sess. andthrough l996Sp. Sess. No. 2

§ 13118. Use and operation of conventioncenter

The use and operation of the convention center,and all parts thereof, and the operation of thebusiness of the authority shall be subject to therules and regulations from time to time adopted bythe authority, provided, however, that theauthority shall not be authorized to do anythingwhich will impafr the security of the obligees ofthe authority or violate any agreements themor for their benefit, or vithte any contacts, leasesor other agreements awarded, made or entered intoby the authority.

CREDIT(S)

1997 Electronic Packet Part Update

1994, Dec. 27, P.1.. 1375, Na. .162, § 18, effective.


Copyright (c) West Group 1997 No claim to original U.S. Govt works

16 P.S. § Limitation of powers Page 31

*1425716 P.S. § 13119


STATUTES ANNOTATEDPURDON'S PENNSYLVANL&

STATUTES ANNOTATEDTITLE 16. COUNITESCHAPTER 4. OiaER

PROVISIONS CONCERNINGCOUNTtES


AUTHORITY ACT

Current through the end of 1996 Reg. Sess. andthrough 1996Sp. Sess. No. 2,

§ 13119. Limitation of powers

(a) Commonwealth pledge.--TheCommonwealth does hereby pledge to and agreewith any person, the county, county seat, politicalsubdivision or Federal agency, subscribing to oracquiring the bonds to be issued by the authcaityfor the construction or improvement of aconvention center, or parts thereof, that theCommonwealth will not limit or alter the rishtshereby vested in the authority in any mannerinconsistent with the obligations to the

bondholders until all bonds at any time issued,together with the interest, are fully paid anddischarged. The Commonwealth does furtherpledge to and agree with any Federal agency thatin the event that the Federal agency shall constructor contribute funds for the construction orimprovement of a convention center, or partsthereof; that the Commonwealth will not alter orlimit the rights and powers of the authority in anymanner which would be inconsistent with the dueperformance of any agreements between theauthority and the Federal agency.

(b) Additional Commonwealth pledge.--TheCommonwealth does hereby pledge to andwith any person who as owner leases or subleasesa convention center, or parts thereof, to or from anauthority created pursuant to this act, that the

will not limit or alter the rightsand powers hereby vested in the authority orotherwise created by this act in any manner whichimpairs the obligations of the authority until allob'igations of the authority under the lease orsublease are fully met and discharged.

CREDIT(S)


1994. Dec. P.L. 1375, No. 162, § 19, imd. effective.



16 P.S. § 13120, Exemption from taxation Page 32

*14258 16 P.S. § 13120

PURDON'S PENNSYLVANIASTATUTES AND CONS OLIDATED

STATUTES ANNOTATEDPtTRDON' S PENNSYLVANIA

STATUTES ANNOTATEDTITLE 16. COUNITESCHAPTER 4. OTRER

PROVISIONSCOTJNITES


AUTHORTfy ACT

Current through the end of 1996 Reg. &ss. andthrough J996Sp. Sess. No. 2

§ 13120. Exemption from taxation

The effectuation of the authorized purposes ofauthorities created under this act shall and will bein all respects for the benefit of the people of thisCommonwealth, for the increase of theircommerce and prosperity and for the improvement

of their health and living conditions; and, sinceauthorities, as public instrumentalities of theCommonwealth, will be performing essentialgovernmental functions in effectuating thesepurposes, the authorities shall not be required topay any taxes or assessments upon a conventioncenter, or parts thereof, or property acquired orused or permitted to be used by them for thesepurposes; and the bonds issued by any authority,their transfer and the income from the bonds,including profits made on the sale of thebonds, shall at all times be free from State aridlocal taxation within this Commonwealth. Thisexemption shall not extend to gift, estate,succession or inheritance taxes or any other taxesnot levied directly on the bonds, their transfer orthe income from or the realization of profits on thesale of the bonds.

CREDiT(S)


1994, Dec. 27, FL 1375, No. 162, § 20, hnd. effecthe.


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*1425916 P.S. § 13121

Page 33


STATUTES ANNOTAT.EDPITRDON'S

STATUTES ANNOTATEDTITLE 16. COUNTLESC]ELAPTER 4. OTHER

PROVISIONSCOUNT[ES

ARTICLE XXX. THIRD CL&SSCOUNTY CONVENTION CENTER

ACT


§ 13121. Lease by authorities

A convention center, or part thereof, establishedunder this act may be leased or subleased by theauthority to and from the county or county seat,and the county or county seat is herebyempowered to enter into leases, subleases, or both,for this purpose. A lease or sublease may be madefor a specified or unlimited time and on any termsand conditions which may be approved by thecounty or county seat and which may be agreed toby the authority in conformity with its contactswith the holders of any bonds.

CREDIT(S)


1994, Dec. 27, P.L 1375, No. 162, § 21, find, effective.



16 P.S. § 13122, CooperationPage 34

*1426016 P.S. § 13122




PROVISIONSCOUNTIES


AUTHORITY ACT

Current through the end of1996 Reg. Sess. vidthrough 1996 Sp. Sess. No. 2

§ 13122, Cooperation

(a) State public bodies and political subdivisionsmay cooperate.--For the purpose of aiding andcooperating with the authority and in the planning,acquisition, clearance, relocation, development,design, construction, rehabilitation, leasing,subleasing, alteration, expansion, financing,improvement, management or operation of aconvention center, or parts thereof, any Statepublic body or political subdivision or the countyor county seat may, upon such terms, with orwithout consideration, as it may determine:

(1) Dedicate, sell, convey, lease or othei-wisetransfer property or any interest therein, real,personal or mixed, tanaible or intangible, to theauthority.

(2) Cause parking, recreational or communityfacilities or any other works, which it isotherwise empowered to undertake, to befurnished in or adjacent to any area selected for aconvention center, or parts thereof.

(3) Furnish, dedicate, close, pave, install,grade, regrade, plan or replari streets, roads,roadways, alleys, sidewalks or other placeswhich it is otherwise empowered so to do.

(4) Enter into agreements, extending over ans'period, with the authority or with the FederalGovernment respecting action to be taken by a

State public body pursuant to the powers grantedby this section.

(5) Do any and all things necessary orconvenient to aid and cooperate in thedevelopment, acquisition, design, construction,improvement, maintenance, management,operation, furnishing, fixturing, equipping,repairing, financing, owning, leasing andsubleasing of a convention center, or partsthereof.

(6) In connection with public improvementsmade by a State public body, political

county or the county seat, inexercising the powers herein granted, a Statepublic body or political subdivision or the countyor county seat may incur the entire expense.

(7) The Secretaiy of General Services iswith the approval of the Governor

and Attorney General, to execute and deliver, onbehalf of the Commonwealth, conveyances,deeds and leases authorized under this act.

(b) County or county seat may contract withauthority.-4n connection with a convention center,or parts thereof, the county or county seat may

with the authority or the FederalGovernment with respect to sums which theauthority or the Federal Government may agree topay dining any year or period of years to thecounty or county seat for the improvements,services and facilities to be provided by it for thebenefit of the authority, convention center, orparts thereof, or the persons occupying the area.However, the absence of a contract for thesepayments shall, in no way, relieve the county orcounty seat from the duty to furnish for the benefitof the authority, convention center, or partsthereof, or the persons occupying the area,customary improvements and such services andfacilities as the county or county seat usuallyfurnishes without a service fee.

*14261 (c) County, county seat or State maydesignate authority as its agent.--The county,county seat or State may by written agreementdesignate the authority as its agent within theauthority's field of operation to perform anyspecified activity or to administer any specifiedprogram which the State, county or county seat is


16 P.S. § 13122, CooperationPage 35

authorized by law to do. However, any such addition and supplemental to the powers conferredactivities or programs shall be in furtherance of by any other law.the public purposes specified in this act. Theseactivities may include, without being limited to, CREDIT(S)development, acquisition, design, construction,improvement, maintenance, leasing, management 1997 Electronic Pocket Part Updateor operation of a convention center, or partsthereof.

1994, Dec. 27, FL 1375, No. 162,522, effecttve.

(d) Powers in addition to other powers.-The <Generai Materials (GM) - References,powers conferred by this section shall be in Annotations, or Tables>

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I3123, HotelPage 36

* 14262 16 P.S. § 13123

PURDON'S PENNSYLVANIASTATUTES AND CONSOLr])ATED


STATUTES ANNOTATEDTITLE 16. COUNTIESCHAPTER 4. OTUER

PROVISIONS CONCERMNG


AUTHORTrY ACT

Current through the end of 1996 Reg. Sess. andthrough 1996Sp. Sess. No. 2

§ 13123. Hotel room rental tax

(a) Imposition of tax—The county in which theconvention center is located is hereby authorizedto impose an excise tax on the considerationreceived by each operator of a hotel within themarket area from each transaction of renting aroom or rooms to accommodate transients. Thetax shall be collected by the operator from thepatron of the room and paid over to the countypursuant to subsection (e) and shall be known asthe Hotel Room Rental Taxi

(b) Rate of tax.--The rate of tax imposed underthis section by the county in which the conventioncenter is located shall not exceed 5%.

(c) Distribution of tax revenues.--Eighty percentof revenues to be received from taxes imposedpursuant to this section shall be annuallydeposited in the special fund, required undersubsection (d), for the use of the authority forconvention center purposes. Twenty percent ofthe revenues to be received from taxes imposedpursuant to this section shall be deposited within30 days of collection in the tourist promotionagency fund required under subsection (d) untildisbursed as provided below.

(d) treasurer of each county

electing to impose the tax authorized under thissection is hereby directed tocollect the tax and:

(1) to deposit 80% of the revenues receivedfrom the tax in special funds established forpurposes set forth in this section; and

(2) to deposit 20% of the revenues receivedby the tax in the tourist promotion agency funduntil disbursed pursuant to subsection (g).

Interest on moneys deposited in the funds shallaccrue proportionately to the respective funds asprovided in this section. The treasurer is herebyauthorized to establish rules and regulationsconcerning the collection of the tax, which

shall occur not more often than monthlynor less often than quarterly.

(e) Expenditures for convention centerpurposes.—Expendjtures from the fund establishedpursuant to subsection (d) for the authority shallbe used by the authority for the followingpurposes:

(1) Projected annual debt service or leasepayments of the convention center authority.

*14263 (2) Costs associated with financing,constructing improving, maintaining, furnishing,flxturing and equipping the convention center.

(3) Costs associated with the development ofthe convention center, including, but not limitedto, design, engineering and feasibility costs.

(4) Costs associated with the operation andmanagement of the convention center.

(5) Costs associated with promoting,marketing and otherwise encouraging use of theconvention center.

(6) General purposes of the conventioncenter.

(f) Pledge to bondholders.--Jf and to the extentthat the authority pledges its share of the proceedsof the tax authorized by this section as security forthe payment of bonds issued by the authorit forconvention center purposes, the Commonwealthdoes hereby pledge to and agree with any person,firm or corporation subscribing to or acquiringbonds to be issued by the authority for conventioncenter purposes that the Commonwealth itself will

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16 P.S. 13123, Hotel room rental taxPage 37

not, nor will it authorize a county to, reduce therate of tax imposed for convention centerpurposes until all bonds so secured by the pledgeof the authority, together with interest, are fullymet and discharged.

(g) Disbursement to tourist promotion agency.--Provided that no event of default has occurred andis continuing with respect to any bonds, notes orother indebtedness of an authority incurred tofinance the construction of a convention center,revenues received from the tax deposited to thetourist promotion agency fund required undersubsection (d) shall be disbursed by each countyto the tourist promotion agency within ten days ofreceipt thereof; provided that the county shallhave no obligation to invest any funds depositedto the tourist promotion agency funcL

(h) Tax year.--Each tax year for any tax imposedhereunder shall run concurrently with the county'sfiscal year.

(i) Expiration.-.-The tax levied under this sectionshall expire when all bonds issued by a countyunder this act have been fully met and discharged.

(j) used in this section, thefollowing words and phrases shall have themeanings given to them in this subsection:

"Consideration." Receipts, fees, charges, rentals,leases, cash, credits, property of any kind ornature or other payment received by operators inexchange for or in consideration of the use oroccupancy by a transient of a room or rooms in ahotel for a temporary period.

"Convention center." Any land, improvement,structure, building, or part thereof, or propertyinterest therein, whether owned by or leased by orto or otherwise acquired by an existing authority,appropriate for any of the following: large publicassemblies, the holding of conventions,conferences, trade exhibitions and other business,social, cultural, scientific and public interestevents, and all facilities, furniture, fixtures andequipment necessary or incident thereto, includingmeeting rooms, dining rooms, kitchens, ballrooms,

reception areas, registration and prefunction areas,truck loading areas, including access thereto,access ways, common areas, lobbies, offices andareas appurtenant to any of the preceding, togetherreferred to as the Main Convention Area, and alsoincluding other buildings, structures or facilitiesfor use in conjunction with the foregoing,including, but not limited to, provision for off.street paiking, retail areas and otherimprovements related to the center owned by orleased by or to an existing authority for thepurpose of producing revenues to assist indefraying the costs or expenses of the conventioncenter.

*i4264 "Hotel." A hotel, motel, inn, guesthouseor other building located within the market areawhich holds itself out by any means, includingadvertising, license, registration with aninnkeeper's group, convention listing association,travel publication or similar association or with agovernment agency, as being available to provideovernight lodging or use of facility space forconsideration to persons seeking temporaryaccommodation. The term includes a place whichadvertises to the public at large or a ofthe public that it will provide beds, sanitaryfacilities or other space for a temporary period tomembers of the public at large. The term alsoincludes a place recognized as a hostelry, providedthat portions of a facility which are devoted topersons who have established permanent residenceshall not be included in this definition. The termdoes not include a bed and breakfast homestead orinn as defined in the act of May 23, 1945 ('P.L.926, No. 369), referred to as the Public Eating andDrinking Place Law. [FNIJ

"Market area."

(1) With respect to a county in which there ismore than one city of the third class, the entirecounty.

(2) With respect to a county in which there isonly one city of the third class, one of thefollowing:

(i) That city and the area within the countywhich is not more than 15 miles from the siteof the convention center.


16 P.S. 13124, RepealsPage 39

*14266 16 P.S. 13124Current through the end of 1996 Reg. Sees. and

through 1996 Sp. Sess. No. 2SSTATUTES AND CONSOLrDATED

§ 13124. RepealsSTATUTES ANNOTATEDPURDON'S

AU acts and parts of acts are repealed insofar asSTATUTES ANNOTATEDthey are inconsistent this act.TITLE 16. COUNTIES

CHApTER 4. OTHER CREDiT(S)PROVISIONS

1997 Electron,c Pocket Part UpdateARTICLE XXX.

1994 27, FL 137S, No. 162, § 24.COUNTY CONVENTION CENTERACT

<General Materials (GM) - ReferencesAnnotations, or Tables>

(c) West Group 1997 No claim to U.S. Govt. works

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