Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 2399.54 - Authority creation(a) The governing bodies of a third class county and the political subdivision constituting the county seat or the county acting alone may create a body corporate and politic to be named the ......... County Convention Center Authority to be created as a public authority and government instrumentality to have continuing succession until its existence shall be terminated by law. If any part of the convention center facilities constructed by an authority created under this subdivision shall be located within the jurisdictional limits of the county seat of the county, the authority shall be a joint authority of the county and the county seat. If the convention center facilities of an authority shall be located entirely outside the jurisdictional limits of the county seat of the county, the authority may be created solely by the county. The exercise by the authority of the powers conferred by this subdivision is hereby declared to be and shall for all purposes be deemed and held to be the performance of an essential public function.(b) An authority shall be created by an ordinance (or equivalent enactment) adopted by the county or, in the case of a joint authority, ordinances (or equivalent enactments) adopted by the county and the county seat providing that an authority is thereby created under this subdivision and specifying the articles of incorporation of the authority. The articles of incorporation shall be filed by the county with the Secretary of the Commonwealth, who shall issue a certificate of incorporation to the authority. The authority shall be deemed to come into existence on the later of the following dates:(1) the date on which the ordinance is enacted (or, in the case of a joint authority, on the date that the second ordinance is enacted); or(2) such later date as may be specified in the articles of incorporation.(c) Articles of incorporation of an authority may only be amended in the manner specified above for the adoption of articles of incorporation and may not:(1) impair the rights or security of any creditors of the authority or any party contracting with the authority; or(2) be inconsistent with the provisions of this subdivision.1955, Aug. 9, P.L. 323, No. 130, § 2399.54, added 2000, Oct. 18, P.L. 541, No. 73, § 2, effective in 60 days.