Sec. 32-602. Purpose. Powers.
Sec. 32-602. Purpose. Powers. (a) The purpose of the Capital City Economic Development Authority shall be to stimulate new investment in Connecticut, to attract and
service large conventions, tradeshows, exhibitions, conferences and local consumer
shows, exhibitions and events, to encourage the diversification of the state economy,
to strengthen Hartford's role as the region's major business and industry employment
center and seat of government, to encourage residential housing development in downtown Hartford and, with respect to the convention center project, to construct, operate,
maintain and market said project in order to enable Hartford and its immediate environment to become a major regional family-oriented arts, culture, education, sports and
entertainment center that will create new jobs, add to the benefits of the hospitality
industry, broaden the base of the tourism effort and stimulate substantial surrounding
economic development and corresponding increased tax revenues to the state.
(b) For these purposes, the authority shall have the following powers: (1) To have
perpetual succession as a body corporate and to adopt procedures for the regulation of
its affairs and the conduct of its business as provided in subsection (f) of section 32-601, to adopt a corporate seal and alter the same at its pleasure, and to maintain an office
at such place or places within the city of Hartford as it may designate; (2) to sue and be
sued, to contract and be contracted with; (3) to employ such assistants, agents and other
employees as may be necessary or desirable to carry out its purposes, which employees
shall be exempt from the classified service and shall not be employees, as defined in
subsection (b) of section 5-270, to fix their compensation, to establish and modify personnel procedures as may be necessary from time to time and to negotiate and enter
into collective bargaining agreements with labor unions; (4) to acquire, lease, hold and
dispose of personal property for the purposes set forth in section 32-602; (5) to procure
insurance against any liability or loss in connection with its property and other assets,
in such amounts and from such insurers as it deems desirable and to procure insurance
for employees; (6) to invest any funds not needed for immediate use or disbursement
in obligations issued or guaranteed by the United States of America or the state of
Connecticut, including the Short Term Investment Fund, and the Tax-Exempt Proceeds
Fund, and in other obligations which are legal investments for savings banks in this
state and in time deposits or certificates of deposit or other similar banking arrangements
secured in such manner as the authority determines; and (7) to do all acts and things
necessary or convenient to carry out the purposes of and the powers expressly granted
by this section.
(c) In addition to the powers enumerated in subsection (b) of this section, with
respect to the convention center project and the convention center facilities the authority
shall have the following powers: (1) To acquire, by gift, purchase, condemnation, lease
or transfer, lands or rights-in-land in connection with the convention center facilities,
the convention center hotel, the other on-site related private development or related
infrastructure improvements and to sell and lease or sublease, as lessor or lessee or
sublessor or sublessee, any portion of its real property rights, including air space above
or areas below the convention center facilities or the convention center hotel, and enter
into related common area maintenance, easement, access, support and similar
agreements, and own and operate the convention center facilities, provided that such
activity is consistent with all applicable federal tax covenants of the authority, transfer
or dispose of any property or interest therein acquired by it, at any time and to receive
and accept aid or contributions, from any source, of money, labor, property or other
things of value, to be held, used and applied to carry out the purposes of this section,
subject to the conditions upon which such grants and contributions are made, including,
but not limited to, gifts or grants from any department, agency or instrumentality of the
United States or this state for any purpose consistent with this section; (2) to condemn
properties which may be necessary or desirable to effectuate the purposes of the authority
with respect to the convention center project and the convention center hotel to be exercised in accordance with the provisions of part I of chapter 835; (3) to formulate plans for,
acquire, finance and develop, lease, purchase, construct, reconstruct, repair, improve,
expand, extend, operate, maintain and market the convention center facilities, provided
such activities are consistent with all applicable federal tax covenants of the authority and
provided further that the authority shall retain control over naming rights with respect to
the convention center, that any sale of such naming rights shall require the approval of
the secretary and that the proceeds of any such sale of naming rights, to the extent not
required for start-up or current operating expenses of the convention center, shall be
used by the authority exclusively for the purpose of operating or capital replacement
reserves for the convention center; (4) to contract and be contracted with provided, if
management, operating or promotional contracts or agreements or other contracts or
agreements are entered into with nongovernmental parties with respect to property financed with the proceeds of obligations the interest on which is excluded from gross
income for federal income taxation, the board of directors shall ensure that such contracts
or agreements are in compliance with the covenants of the authority upon which such
tax exclusion is conditioned; (5) to enter into arrangements or contracts to either purchase
or lease, on a fully completed turn key basis, the convention center, and arrangements
with the secretary regarding the development, ownership and operation by the authority
of the related parking facilities, and to enter into a contract or contracts with an entity,
or entities, for operation and management thereof and, for purposes of section 31-57f
relating to standard wage rates for certain service workers, any such contract for operation and management of the convention center shall be deemed to be a contract with
the state; (6) to fix and revise, from time to time, and to charge and collect fees, rents
and other charges for the use, occupancy or operation of such projects, and to establish
and revise from time to time, procedures concerning the use, operation and occupancy
of the convention center facilities, including parking rates, rules and procedures, provided such arrangements are consistent with all applicable federal tax covenants of the
authority, and to utilize net revenues received by the authority from the operation of the
convention center facilities, after allowance for operating expenses and other charges
related to the ownership, operation or financing thereof, for other proper purposes of
the authority, including, but not limited to, funding of operating deficiencies or operating
or capital replacement reserves for either the convention center or the related parking
facilities as determined to be appropriate by the authority; (7) to engage architects,
engineers, attorneys, accountants, consultants and such other independent professionals
as may be necessary or desirable to carry out its purposes; to contract for construction,
development, concessions and the procurement of goods and services and to establish
and modify procurement procedures from time to time to implement the foregoing in
accordance with the provisions of section 32-603; (8) to adopt procedures (A) which
shall require that contractors or subcontractors engaged in the convention center project
and the construction of the convention center hotel take affirmative action to provide
equal opportunity for employment without discrimination as to race, creed, color, national origin or ancestry or gender, (B) to ensure that the wages paid on an hourly basis
to any mechanic, laborer or workman employed by such contractor or subcontractor
with respect to the convention center project or the construction of the convention center
hotel shall be at a rate customary or prevailing for the same work in the same trade or
occupation in the town and city of Hartford, unless otherwise established pursuant to a
project labor agreement, and (C) which shall require the prime construction contractors
for the convention center project and for the convention center hotel, and the principal
facility managers of the convention center facilities and the convention center hotel to
make reasonable efforts to hire or cause to be hired available and qualified residents of
the city of Hartford and available and qualified members of minorities, as defined in
section 32-9n, for construction and operation jobs at the convention center facilities and
the convention center hotel at all levels of construction and operation; (9) to enter into
a development agreement with the developer of the convention center hotel, which
agreement shall prohibit any voluntary sale, transfer or other assignment of the interests
of such developer, or any affiliate thereof, in the convention center hotel, including the
rights under any ground lease, air rights or similar agreement with the state or the authority, for a minimum period of five years from the completion thereof except with the
prior written consent of the authority given or withheld in its sole discretion, and thereafter except to a party which, in the reasonable judgment of the authority, is financially
responsible and experienced in the ownership and operation of first class hotel properties
in similar locations; (10) to borrow money and to issue bonds, notes and other obligations
of the authority to the extent permitted under section 32-607, to fund and refund the
same and to provide for the rights of the holders thereof and to secure the same by pledge
of assets, revenues, notes and state contract assistance as provided in section 32-608;
(11) to do anything necessary and desirable, including executing reimbursement
agreements or similar agreements in connection with credit facilities, including, but not
limited to, letters of credit or policies of bond insurance, remarketing agreements and
agreements for the purpose of moderating interest rate fluctuations, to render any bonds
to be issued pursuant to section 32-607 more marketable; and (12) to engage in and
contract for marketing and promotional activities to attract national, regional and local
conventions, sports events, trade shows, exhibitions, banquets and other events to maximize the use of the convention center facilities.
(d) The authority shall have the power to negotiate, and, with the approval of the
Secretary of the Office of Policy and Management, to enter into an agreement with any
private developer, owner or lessee of any building or improvement located on land in
a private development district, as defined in section 32-600, providing for payments to
the authority in lieu of real property taxes. Such an agreement shall be made a condition
of any private right of development within the private development district, and shall
include a requirement that such private developer, owner or lessee make good-faith
efforts to hire, or cause to be hired, available and qualified minority business enterprises,
as defined in section 4a-60g, to provide construction services and materials for improvements to be constructed within the private development district in an effort to achieve
a minority business enterprise utilization goal of ten per cent of the total costs of construction services and materials for such improvements. Such payments to the authority in
lieu of real property taxes shall have the same lien and priority, and may be enforced
by the authority in the same manner, as provided for municipal real property taxes. Such
payments as received by the authority shall be used to carry out the purposes of the
authority set forth in subsection (a) of this section.
(P.A. 98-179, S. 3, 30; P.A. 99-241, S. 19, 66; P.A. 00-140, S. 2, 40; June 30 Sp. Sess. P.A. 03-6, S. 60; P.A. 04-20, S.
8; P.A. 08-185, S. 7.)
History: P.A. 98-179 effective June 1, 1998; P.A. 99-241 amended Subsec. (b) to provide that employees be exempt
from classified service and shall not be employees as defined in Sec. 5-270(b), Subsec. (c)(3) re retention, control and sale
of naming rights of convention center, Subsec. (c)(8) to add new Subpara. (C) re reasonable efforts to hire Hartford residents
and minorities, effective July 1, 1999; P.A. 00-140 amended Subsec. (c) to modify the authority's powers re various
properties associated with the convention center, to specify how proceeds from the sale of naming rights and other revenues
may be used and to make conforming and technical changes, effective May 2, 2000; June 30 Sp. Sess. P.A. 03-6 amended
Subsec. (c)(1) to authorize the authority to lease lands or rights-in-land connection with the convention center and enter
into agreements re common area maintenance, easement, access, support and similar agreements, and to apply provisions
to other on-site related private development or infrastructure improvements, effective August 20, 2003; P.A. 04-20 made
technical changes in Subsec. (c), effective April 16, 2004; P.A. 08-185 added Subsec. (d) re power of authority to enter
into agreement re payments to authority in lieu of real property taxes for buildings and improvements on land located in
a private development district, effective June 12, 2008.