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An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, amending and supplementing the Allegheny County Code of Ordinances, Division 4, entitled "Finances," by the creation of a new Article 485 entitled "Local Economic Revitalization Tax Assistance," in order to establish a uniform process for periodically reviewing the County's Local Economic Revitalization Tax Assistance activities.
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WHEREAS, the County approves participation in Local Economic Revitalization Tax Assistance (LERTA) activities from time to time and periodically designates areas as "deteriorated" under the terms of the Local Economic Revitalization Tax Assistance Act, 72 P.S. §4722 et. seq.; and
WHEREAS, LERTA programs entail the discounting the property taxes that would ordinarily be paid on a developed parcel located within a designated deteriorated area of the County; and
WHEREAS, in the process of allowing such discount, the County foregoes revenue that would otherwise be used to pay for County services to all County residents; and
WHEREAS, although the approval of County Council is required for LERTA arrangements, Council does not receive any periodic update regarding the effectiveness or continued utility of previously granted LERTAs, nor does Council receive any information regarding the actual impact of any previously granted LERTAs on economic development; and
WHEREAS, it is the desire of Council to establish a mechanism for reviewing the effectiveness, utility and continuing desirability of LERTA arrangements;
The Council of the County of Allegheny hereby enacts as follows:
SECTION 1.
The Allegheny County Code of Ordinances, Division 4, entitled "Finances," is hereby amended by the creation of a new Article 485 entitled "Local Economic Revitalization Tax Assistance," comprised as follows:
§485-01. Local Economic Revitalization Tax Assistance Reports.
A. No later than January 31 of each calendar year, the County Manager and Department of Economic Development shall provide County Council with a Local Economic Revitalization Tax Assistance (LERTA) Project Report. This report shall specifically delineate each area designated as "deteriorated" under the terms of the Local Economic Revitalization Tax Assistance Act, 72 P.S. §4722 et. seq., within Allegheny County at the time the report is issued, and shall provide information on each LERTA district including, but not limited to, the following:
1. A general description of the final scope of proposed development(s), to the extent that it is known as of the reporting date, within the area designated as deteriorated under LERTA;
2. A description of the development accomplished to date within the area designated as deteriorated under LERTA;
3. A description of the effect and/or impact of the development within the designated deteriorated area to date upon economic development within the County;
4. An estimate of the final effect and/or impact of the development within the deteriorated area upon economic development generally within the County;
5. The impact of each LERTA area upon the County's ability to have funds in place to meet its obligations;
6. A delineation of all tax revenues actually collected by the County from property within the LERTA area during the LERTA arrangement, broken down by year;
7. An estimate of the annual tax revenues that will be realized by the County from property within the LERTA area at the conclusion of each year in which the LERTA designation remains effective;
8. An estimate of the tax revenues that will be realized by the County from property within the LERTA area at the conclusion of the LERTA arrangement;
9. A delineation of the total tax revenues foregone by the County pursuant to all LERTA designations in place as of the reporting date.
B. In the event that the LERTA Project Report is not provided as required under the terms of §485-01.A., Council shall not designate any area as deteriorated under the terms of the Local Economic Revitalization Tax Assistance Act, nor shall Council approve County any legislation establishing a tax discount within a designated deteriorated area until such time as the report is provided.
SECTION 2.
If any provision of this Ordinance shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Ordinance which shall be in full force and effect.