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§ 3000.3033. Purposes and powers

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 16 P.S. Counties

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 16 P.S. Counties (Refs & Annos)
Chapter 1. The County Code (Refs & Annos)
Article XXX. Southwestern Pennsylvania Regional Renaissance Initiative
(c) Regional Renaissance Authority
16 P.S. § 3000.3033
§ 3000.3033. Purposes and powers
Currentness
(a)(1) The purposes of the authority shall be to accomplish the following:
(i) Supporting and financing the construction of regional destination facilities.
(ii) Assuring the efficient and effective operation and development of regional destination facilities.
(iii) Supporting and financing the construction of other economic development projects.
(2) The enumeration of purposes in clause (1) shall not be construed to limit the powers granted to the authority under this article.
(b) Subject to the limitations in subsection (d), the authority is granted all powers necessary or convenient for the carrying out of its purposes, including the following:
(1) To have continuing succession.
(2) To sue and be sued, implead and be impleaded, complain and 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 any license, franchise or property, real, personal or mixed, tangible or intangible, or any interest therein, including a regional destination facility or parts thereof.
(5) To sell, transfer or dispose of any property or interest therein for adequate and fair consideration.
(6) To acquire, hold, develop, construct, maintain, manage, operate, repair, own, lease or sublease a regional destination facility or parts thereof and projects funded from the Regional Growth Fund.
(7) To make, enter into and award contracts with any person for the development, financing, construction, maintenance, operation and repair of regional destination facilities or parts thereof and projects funded from the Regional Growth Fund.
(8) To conduct financial and performance reviews and audits of regional destination facilities and projects funded from the Regional Growth Fund.
(9) To conduct long-term planning necessary for the efficient and effective operation and development of regional destination facilities and projects funded from the Regional Growth Fund.
(10) To make bylaws for the regulation of its affairs and to promulgate rules, regulations and policies in connection with the performance of its functions and duties.
(11)(i) To borrow money for the purpose of paying the costs of any project and to evidence such borrowing in any customary and appropriate fashion.
(ii) To make and issue taxable or tax-exempt negotiable bonds of the authority and secure the payment of the bonds or any part of the bonds by pledge or deed of trust of all or any of its revenues, rentals, receipts and contract rights.
(iii) To make agreements with the purchasers or holders of the bonds or with other obligees of the authority in connection with any bonds, whether issued or to be issued, as the authority shall deem advisable, which agreements shall constitute contracts with the holders or purchasers.
(iv) To obtain credit enhancement or liquidity facilities in connection with any bonds as the authority shall determine to be advantageous.
(v) To provide, in general, for the security for the bonds and for the rights of the holders of the bonds.
(12) To make, enter into and award contracts of every name and nature and to execute all instruments necessary or convenient for the carrying out of its business.
(13) To 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 or person.
(14) To mortgage, pledge, hypothecate or otherwise encumber any of its property, real, personal or mixed, tangible or intangible, and its revenues or receipts, including, but not limited to, any tax revenues or interest the authority may have in any lease or sublease of regional destination facilities or parts of regional destination facilities.
(15) To procure insurance containing coverage, including, without limitation, insurance covering the timely payment in full of principal and interest on bonds of the authority, in the amounts and from the insurers the authority may determine to be necessary or desirable for its purposes.
(16) To invest its money.
(17) To cooperate with any Federal agency, State public body or political subdivision.
(18) To invest any funds not required for immediate disbursement in reserve or sinking funds.
(19) To appoint all officers, agents and employes required for the performance of its duties and fix and determine their qualifications, duties and compensation and to retain or employ other agents or consultants.
(20) To enroll its employes in a retirement system, including an existing retirement system of a participating county or any other governmental entity located within a participating county.
(21) To appoint and fix the compensation of chief counsel and assistant counsel, who shall not be required to be employes of the authority, to provide it with legal assistance. Notwithstanding the provisions of 42 Pa.C.S. § 8525 (relating to legal assistance), the authority through its counsel shall defend actions brought against the authority and its officers and employes when acting within the scope of their official duties.
(22) To do all acts and things necessary or convenient for the promotion of its purposes and the general welfare of the authority and to carry out the powers granted to it by this article or any other acts.
(c) The authority, upon making a finding that it is necessary or convenient to acquire any real or personal property in the central city for its immediate or future use for purposes related to the construction of regional destination facilities or related developments, may acquire property by the exercise of the power of eminent domain pursuant to the act of June 22, 1964 (Sp.Sess., P.L. 84, No. 6),1 known as the “Eminent Domain Code,” and for those purposes shall have the power of eminent domain. The authority may use its eminent domain power to acquire property already devoted to a public use, except that the power may not be used to acquire property owned or used by the Commonwealth. The board shall not exercise the authority's eminent domain power without the approval of the mayor of the central city and the members of the board appointed pursuant to section 3032(b)(1) and (3).2
(d) Notwithstanding any purpose of the authority or a general or specific power granted by this article or any other act, whether express or implied, the following limitations and conditions shall apply to the operations of the authority:
(1) The authority shall have no power to pledge the credit or taxing powers of the Commonwealth or any other government agency, except the credit of the authority, nor shall any of the bonds of the authority be deemed a debt or liability of the Commonwealth or of any other government agency, except as otherwise agreed by the Commonwealth or a government agency.
(2) Neither the Commonwealth nor any government agency except the authority shall be liable for payment of the principal or maturity value of or interest or premium on any of the bonds of the authority, except as otherwise agreed by the Commonwealth or a government agency.
(3) Notwithstanding any provision of this article or any other act to the contrary or of any implication that may be drawn from this article or any other act, the Commonwealth and all other government agencies, except the authority, shall have no legal or moral obligation for the payment of any expenses or obligations of the authority, including, but not limited to, bond principal and interest, the funding or refunding of any reserve and any administrative or operating expenses whatsoever, except as otherwise agreed to by the Commonwealth or another government agency.
(4) Bonds of the authority shall contain a prominent statement of the limitations set forth in this subsection and a further statement to the effect that obligees of the authority shall have no recourse, either legal or moral, to the Commonwealth or to any other government agency for payment of the bonds, except as otherwise agreed to by the Commonwealth or another government agency.
(5) The authority shall not assume the responsibility of employing personnel directly engaged in the operation of regional destination facilities described in clauses (1) and (4) of the definition of “regional destination facility” but may enter into contracts for the operation, maintenance and ongoing improvement of those facilities with public and private organizations that have expertise in operating the type of facility involved.
(6) The authority shall not operate, maintain or, after the completion of initial construction, design or perform subsequent improvements to the baseball park or football stadium but shall contract for the performance of those functions with the principal tenant of each of those facilities.

Credits

1955, August 9, P.L. 323, No. 130, § 3033, added 1997, June 18, P.L. 179, No. 18, § 4, imd. effective.

Footnotes

1
26 P.S. § 1-101 et seq. (repealed); see now, 26 Pa.C.S.A. § 101 et seq.
2
16 P.S. § 3000.3032(b)(1) and (3).
16 P.S. § 3000.3033, PA ST 16 P.S. § 3000.3033
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document