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A Resolution of the County of the County of Allegheny authorizing the Redevelopment Authority of Allegheny County to develop amendments to the Tax Increment Financing Plan for the Deer Creek Crossing project in Harmar Township, Allegheny County.
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Whereas, Pennsylvania's Tax Increment Financing Act (Act of July 11, 1990, P.L. 465, No. 113) (the “Act”) provides local taxing bodies legal authority to cooperate in providing financing for development of blighted areas within their respective jurisdictions; and
Whereas, pursuant to the Act, the County of Allegheny (hereinafter the “County”) created the Deer Creek Crossing Tax Increment Financing District (the “TIF District”) on October 7, 1999 and adopted the Deer Creek Crossing Tax Increment Financing Plan (the “TIF Plan”) at Resolution No. 1067 to provide financing for construction of public infrastructure improvements within the TIF District; and
Whereas, ORIX Woodmont Deer Creek I Venture (the “Developer”), has requested that the TIF Plan be amended; and
Whereas, Section 6930.5(a)(8) of the TIF Act provides that the governing body of the municipality that created a tax increment district may, at any time, adopt an amendment to a project plan which shall be subject to approval in the same manner as the original project plan; and
Whereas, the County by this Resolution intends to authorize the Redevelopment Authority of Allegheny County (the “Redevelopment Authority”) to work with the Developer and representatives of Harmar Township, the County and the Allegheny Valley School District to develop appropriate amendments to the TIF Plan, to reconstitute and reconvene a TIF committee for such purpose, to conduct any hearings required by the TIF Act with respect to an amended TIF Plan and to submit an amendment to the TIF Plan to this Council for its consideration.
The Council of the County of Allegheny hereby resolves as follows
Section 1.
The Redevelopment Authority is requested to prepare an Amendment to the TIF Plan, in the manner required by the Act, and to submit that Amendment to this Council for its consideration.
Section 2.
The respective governing bodies of Harmar Township and the Allegheny Valley School District will be notified of this action and requested to cooperate with the County in the amendment of the TIF Plan.
Section 3.
The appropriate public officials of the County are hereby authorized and directed to: (i) take such action in cooperation with the Redevelopment Authority and any participating taxing bodies in furtherance of the development of an amendment to the TIF Plan; (ii) execute such other documents as may be necessary or proper to carry out the intent and purpose of this Resolution; and (iii) to schedule and conduct any and all public hearings required by the Act to permit public comment prior to final approval and implementation of the amended TIF Plan.
Section 4.
This resolution is non-binding on the County. The County's participation in the TIF Committee shall not in any way be construed as constituting approval, acceptance or endorsement of the amendment to the TIF Plan. The County reserves the right to opt out of participation in any phase of the TIF Plan at any time, with or without cause.
Section 5.
The Director of the Allegheny County Department of Economic Development or his designee is hereby designated as the County's representative to work with the Redevelopment Authority, Harmar Township, Allegheny Valley School District and any other parties in preparing the amendment to the TIF Plan, as required by the Act.
Section 6. Severability. 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 7. Repealer. 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.