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A Resolution of the County of Allegheny directing the Redevelopment Authority of Allegheny County ("RAAC") to remit $6.6 million in revenue received from the Pennsylvania Gaming Economic Development and Tourism Fund in 2008, and all future receipts from the Pennsylvania Gaming Economic Development and Tourism Fund to the County of Allegheny, and authorizing the acceptance of such funds for the restricted purpose of constructing and maintaining community development infrastructure projects throughout Allegheny County.
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Whereas, pursuant to the Pennsylvania Race Horse Development and Gaming Act, 4 Pa.C.S.A. §1101, et seq. (the “Act”), the Commonwealth of Pennsylvania established the “Pennsylvania Gaming and Economic Development and Tourism Fund” (the “State Fund”); and
Whereas, in 2007 the Commonwealth adopted the “Pennsylvania Gaming Economic Development and Tourism Fund Capital Budget Itemization Act of 2007"; itemizing projects to be assisted by the Department of Community and Economic Development, together with their estimated financial costs; authorizing recurring payments for certain projects; and making appropriations” (the “State Budget”); and
Whereas, under the provisions of the State Fund and State Budget, for a twelve year period, the State Fund will provide monies to support certain restricted and specified projects, as set forth in greater detail in the Act, within cities and counties of the first and second class; and
Whereas, one of the restricted and specified projects identified in the Act and State Budget is to pay $80 million to a county of the second class “for distribution to a community infrastructure development fund of a county of the second class to fund construction, development, improvement and maintenance of infrastructure projects” 4 Pa.C.S.A. §1407(d)(5); and
Whereas, in April 2006, shortly after the Act was passed, the Redevelopment Authority of Allegheny County (“RAAC”) established the Economic Development, Community Infrastructure and Tourism Fund (the “County Fund”); and
Whereas, the County Fund was established to receive distributions of monies generated by the State Fund and to make distributions of those monies to eligible applicants, pursuant to program guidelines developed by RAAC in accordance with the gaming legislation and approved by the Commonwealth, in furtherance of the stated purpose and restrictions as set forth in the Act; and
Whereas, the first distribution of monies from the State Fund to the County Fund will be available by the end of the June 2008, in the amount of $6,600,000; and
Whereas, at the request of the Chief Executive and the County's Department of Economic Development, County Council amended the 2008 Grants and Special Accounts Budget through Resolution 28-08-RE in order to pass this revenue to RAAC on June 17, 2008; and
Whereas, it is the desire of County Council to manage these funds in strict accordance with the terms of the statutes governing the State Fund and State Budget, most particularly Section 7(D) of the Pennsylvania Gaming Economic Development and Tourism Fund Capital Budget Itemization Act of 2007, which requires that such funds be distributed "to a county of the second class," by establishing an Allegheny County Community Infrastructure Development Fund to fund construction, development, improvement and maintenance of infrastructure projects and to offset expenditures from the County's general fund for infrastructure operation and maintenance, and by placing the first and subsequent distributions of designated community infrastructure revenues therein; and
Whereas, because specific community infrastructure development projects have not yet been evaluated or defined as eligible to receive revenue from the Pennsylvania Gaming Economic Development and Tourism Fund for the purpose of constructing or maintaining infrastructure within the County, it is the desire of Council to accept the funds and appropriate such funds as revenue, but not to disperse such funds for expenditure at this time, but rather to place such funds in contingency until such time as eligible projects are presented to Council for approval; and
Whereas, County Council accordingly amends the 2008 Grants and Special Accounts Budget as set forth herein.
The Council of the County of Allegheny hereby resolves as follows:
Section 1. Incorporation of the Preamble.
The provisions set forth in the preamble to this Ordinance are incorporated by reference in their entirety herein.
Section 2. Amendment of the2008 Grants and Special Accounts Budget.
The County Council of Allegheny County hereby establishes the County Community Infrastructure Development Fund consistent with the terms of the Pennsylvania Racehorse Development and Gaming Act and the Pennsylvania Gaming Economic Development and Tourism Fund Capital Budget Itemization Act of 2007.
The County Council of Allegheny County approves the receipt of the distribution of monies from the Redevelopment Authority of Allegheny County in the amount of $6,600,000 to be placed in the County Community Infrastructure Development Fund for the restricted purpose of distribution to a community infrastructure development fund of a county of the second class to fund construction, development, improvement and maintenance of infrastructure projects and to offset expenditures from the County's general fund for infrastructure operation and maintenance.
The expenditure appropriation shall be placed in the contingency account (character level 86, object account 86101) within the County Community Infrastructure Development Fund until further legislative action by the Council.
Section 3. Future Receipts by the Redevelopment Authority of Allegheny County.
In the event that the Redevelopment Authority of Allegheny County receives revenues from the Pennsylvania Gaming Economic Development and Tourism Fund for the purposes of constructing or maintaining community infrastructure development projects as authorized by the Pennsylvania Race Horse Development and Gaming Act at 4 P.S. §1407(d)(5) in future fiscal years, the Authority is directed to immediately remit such funds to the County in accordance with the procedures established under the terms of this Resolution.
Section 4. If any provision of this Resolution shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Resolution which shall be in full force and effect.
Section 5. Any Resolution or Ordinance or part thereof conflicting with the provisions of this Resolution is hereby repealed so far as the same affects this Resolution.