16 Pa. Stat. § 2399.53

Current through P.A. Acts 2023-32
Section 2399.53 - Definitions

The following words and phrases when used in this subdivision shall have the meanings given to them in this section unless the context clearly indicates otherwise or unless there is a specific definition in another section:

"Authority" or "Third Class County Convention Center Authority" shall mean an agency and public instrumentality of the Commonwealth and a body politic and corporate created pursuant to this subdivision.

"Board" shall mean the governing body of an authority .

"Bonds" shall mean notes, bonds, refunding notes and bonds, interim certificates, debentures and other evidence of indebtedness or obligations which the authority is authorized to issue.

"Construct," "to construct" or "construction" shall mean the acquisition, design, erection, extension, renovation, rehabilitation, conversion, furnishing, fixturing, equipping, enlargement or substantial repair of a convention center, or part thereof, and activities substantially related to the acquisition, design, erection, extension, renovation, rehabilitation, conversion, furnishing, fixturing, equipping, enlargement or substantial repair of a convention center, or part thereof.

"Convention center" or "convention center facility" shall mean any land, improvement, structure, building, or part thereof, or property interest therein, whether owned by or leased by or to or otherwise acquired by an authority, appropriate for any of the following: large public assemblies, the holding of conventions, conferences, trade exhibitions and other business, social, cultural, scientific, sports, recreational, artistic and public interest events, performances and exhibitions, and all facilities, furniture, fixtures and equipment necessary or incident thereto, including hotels, meeting rooms, dining rooms, kitchens, ballrooms, reception areas, registration and prefunction areas, locker rooms, practice areas and equipment, training areas and equipment, truck loading areas, including access thereto, accessways, including, but not limited to, tunnels, overhead walkways, escalators, elevators and other connections to nearby or adjoining buildings or facilities, regardless of whether such buildings or facilities constitute convention center facilities or are owned or controlled by the authority, common areas, lobbies, offices and areas appurtenant to any of the preceding, and also including other land, buildings, structures or facilities for use or planned for use in conjunction with the foregoing, including, but not limited to, landscaping, buffer areas, off-street parking, retail areas and other improvements related to a convention center facility owned by or leased by or to an authority, regardless of whether such improvements are for the purpose of producing revenues to assist in defraying the costs or expenses of such convention center facility.

"Cost of a project" shall mean all or any part of the cost of construction, acquisition, alteration, enlargement, furnishing, fixturing and equipping, reconstruction and rehabilitation of a convention center project, including, without limitation, the cost of all lands, structures, real or personal property, rights, rights-of-way, roads, franchises, easements and interests acquired or used for or in connection with a project, the cost of demolishing or removing buildings or structures on land so acquired, including the cost of acquiring lands to which the buildings or structures may be moved or located, the cost of all utility lines, structures or equipment, the charges, interest prior to, during and after completion of construction and acquisition, provisions for reserves for principal and interest and for extensions, enlargements, additions and improvements, cost of architectural, engineering, financial and legal services, plans, specifications, studies, surveys, estimates of cost and revenues, expenses necessary or incident to determining the feasibility or practicability of constructing the project and such other capital cost or expense as may be necessary or incident to the construction, development and acquisition of the project, the financing of construction, development and acquisition and the placing of the project in operation, including, without limitation, a proper allowance for contingencies and the provision of reasonable initial working capital for operating the project.

"County" shall mean a county of the third class or a county which was a county of the third class at the time the county took action to create an authority under this subdivision.

"Federal agency" or "Federal Government" shall mean the United States, the President of the United States and any department or corporation, agency or instrumentality heretofore or hereafter created, designated or established by the United States.

"Obligee of the authority" or "obligee" shall mean a bondholder or a trustee for a bondholder when a party to a contract with the authority.

"Political subdivision" shall mean any governmental body other than a State public body or a Federal agency. The term includes, but is not limited to, any county, city, borough, township, school district, municipal authority, transit authority, parking authority or other authority of any type.

"Project" shall mean a site, building, structure, equipment, furnishing and other facilities or undertaking in respect of a convention center facility which the authority is authorized to acquire, construct, improve, install, maintain or operate under the provisions of this subdivision.

"State public body" shall mean the Commonwealth and its executive, administrative and independent agencies, departments, officers, boards, authorities, commissions and instrumentalities.

"Substantial completion" shall mean construction that is sufficiently completed in accordance with contract documents and certified by the convention center authority's architect or engineer, as modified by change orders so that any project being constructed by the convention center authority can be used, occupied or operated for its intended use. In no event shall a project be certified as substantially complete until at least ninety per centum of the work on the project area is completed.

16 P.S. § 2399.53

Amended by P.L. TBD 2018 No. 154, § 104.1, eff. 12/24/2018.
1955, Aug. 9, P.L. 323, No. 130, § 2399.53, added 2000, Oct. 18, P.L. 541, No. 73, § 2, effective in 60 days. Amended 2004, Nov. 29, P.L. 1275, No. 155, § 2, imd. effective.