Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 17305 - Purposes and powers in general(a) Purposes.--An authority created under this subchapter shall be a public body, corporate and politic, exercising public powers of the Commonwealth as an agency and instrumentality and shall be for the purpose, without limitation, by itself or by agreement in cooperation with others, of acquiring, holding, developing, designing, constructing, improving, maintaining, managing, operating, financing, furnishing, fixturing, equipping, repairing, leasing or subleasing, either in the capacity of lessor or lessee or sublessor or sublessee, and owning a convention center, or parts of a convention center.(b) Powers.--The authority is granted all powers necessary or convenient for the carrying out of the purposes in subsection (a), including the right and power to: (1) Have continuing succession.(2) Sue and be sued, implead and be impleaded, complain and defend in all courts.(3) Adopt, use and alter at will a corporate seal.(4) 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 in a license, franchise or property, including a convention center or part of a convention center.(5) Sell, transfer or dispose of property or an interest in property with adequate and fair consideration.(6) Acquire, hold, develop, design, construct, improve, maintain, manage, operate, furnish, fix, equip, repair, own, lease or sublease a convention center, or part of a convention center.(6.1) Make, enter into and award contracts with any person, association, partnership or corporation for the development, design, financing, construction, improvement, maintenance, operation, management, furnishing, fixturing, equipping and repairing of a convention center or part of a convention center.(7) Make bylaws for the management and regulation of its affairs and issue rules, regulations and policies in connection with the performance of the authority's functions and duties.(8) Appoint officers, agents, employees and servants, to prescribe duties and to fix compensation.(9) Fix, alter, charge and collect rentals, admissions, license fees and other charges.(10) Do the following: (i) Borrow money for the purpose of paying the costs of a project and to evidence the same.(ii) Make and issue negotiable bonds of the authority.(iii) Secure payment of the bonds, or any part of the payment, by pledge or deed of trust of all or any of its revenues, including any hotel room rental tax, rentals, receipts and contract rights.(iv) Make agreements with the purchasers or holders of the bonds or with other obligees of the authority in connection with the bonds, whether issued or to be issued, as the authority shall deem advisable, which agreements shall constitute contracts with the holders or purchasers.(v) Obtain credit enhancement or liquidity facilities in connection with the bonds as the authority shall determine to be advantageous.(vi) Provide for the security of the bonds and the rights of the bondholders.(11) Make, enter into and award contracts and to execute all instruments necessary or convenient for the carrying out of its business.(12) Borrow money and accept grants and to enter into contracts, leases, subleases, licenses or other transactions with any Federal agency, State public body, political subdivision, person, association, partnership or corporation.(13) Pledge, hypothecate or otherwise encumber its property, real, personal or mixed, tangible or intangible, and its revenues or receipts, including, but not limited to, any interest the authority may have in a lease or sublease of a convention center or part of a convention center.(14) Procure insurance containing coverages, including insurance covering the timely payment in full of principal of and interest on bonds of the authority, in amounts and from insurers, as the authority may determine to be necessary or desirable for its purposes.(15) Invest money of the authority.(16) Cooperate with any Federal agency, State public body or political subdivision.(17) Invest money held in reserve or sinking funds or money not required for immediate disbursements as authorized by section 17313(d) (relating to money of authority).(18) Appoint all officers, agents and employees required for the performance of its duties and fix and determine their qualifications, duties and compensation and retain or employ other agents or consultants, including architects, auditors, engineers, private legal counsel and private consultants, on a contract basis or otherwise for rendering professional or technical services and advice.(19) Enroll authority employees in an existing retirement system of the State, county, city or other governmental entity.(20) Appoint and fix the compensation of chief counsel and assistant counsel to provide the authority with legal assistance, and the authority through counsel shall defend actions brought against the authority and officers and employees of the authority when acting within the scope of their official duties.(21) Maintain an office in the county seat.(22) Appoint an executive director who shall: (i) be the chief executive officer of the authority;(ii) devote full time during business hours to the duties of the office; and(iii) receive compensation as the board shall determine.(23) Do all acts and things necessary or convenient for the promotion of authority purposes and the general welfare of the authority and to carry out the powers granted to the authority by this subchapter or by any other act.(c) Limitations.-- (1) The authority shall have no power to pledge the credit or taxing powers of a State public body, a political subdivision or the county.(2) Authority obligations may not be deemed obligations of any State public body, a political subdivision or the county.(3) A State public body, a political subdivision or the county shall not be liable for the payment of principal or interest on obligations of the authority.(4) The authority shall have no power of eminent domain.(d)Affirmative action.--The authority shall develop and implement an affirmative action plan to assure that all persons are accorded equality of opportunity in employment and contracting by the authority and authority contractors, subcontractors, assignees, lessees, agents, vendors and suppliers.Added by P.L. (number not assigned at time of publication) 2024 No. 14,§ 4, eff. 7/8/2024.