TITLE
A Resolution of the County of Allegheny, Commonwealth of Pennsylvania, contingently exempting real property tax and the County's Sales and Use Tax within a specific geographic area in the County of Allegheny designated as an enhancement to the City of Pittsburgh Revitalization Keystone Opportunity Zone in order to foster economic opportunities, stimulate industrial, commercial and residential improvements and prevent physical and infrastructure deterioration within areas of Allegheny County, Commonwealth of Pennsylvania.
BODY
Whereas, Allegheny County, Pennsylvania recognizes the need to encourage investment in areas within a defined geographical and political boundary of Allegheny County, bounded as follows, described as set forth in Attachment "A", hereinafter the “Enhanced Area,” that is experiencing distress characterized by high unemployment, low investment of new capital, blighted conditions, and underutilized, obsolete or abandoned industrial, commercial and residential structures, and deteriorated tax base; and
Whereas, the Pennsylvania Keystone Opportunity Zone and Keystone Opportunity Expansion Act, as amended by Act 217 of 2002, hereinafter referred to as the “Act,” authorizes political subdivisions to apply to the Pennsylvania Department of Community and Economic Development (DCED) for designation of an area within the respective political subdivision as an enhancement to an existing Keystone Opportunity Expansion Zone and, as a precondition of such application, to enact a binding resolution that provides within the designated and approved geographic area exemptions, deductions, abatements or credits from all local taxes identified in the Act, which resolution will be contingent only on DCED's approval of the application; and
Whereas, enactment of such exemption will result in improving both the economic, physical, and social conditions within the Enhanced Area by stimulating existing businesses' employment, creating new employment and diminishing blight; and
Whereas, it is expected that increased private and public-sector investors will reverse the disinvestment and conditions of blight within the Enhanced Area by December 31, 2013, being the exemption period for the Keystone Opportunity Expansion Zone; and
Whereas, Allegheny County is participating in an application to DCED via the Southwestern Pennsylvania Commission seeking approval of an enhancement to the City of Pittsburgh Revitalization Keystone Opportunity Zone.
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 Resolution are incorporated by reference in their entirety herein.
Section 2. Boundary.
The County Council of Allegheny County does hereby find that the specific geographic area spanning the City of Pittsburgh bounded and described in Exhibit “A” attached hereto constitutes deteriorated property under the Act.
Section 3. Exemption of County Levied Taxes.
A. All real property located within the Enhanced Area is hereby exempted from the payment of Allegheny County real estate taxes, subject to provisions and limitations hereinafter set forth in this Resolution.
B. All entities operating businesses in the Enhanced Area that purchase “tangible personal property or services” or “the use of tangible personal property or services,” as those terms are defined in Article II of the Tax Reform Code of 1991, 72 P.S. 7201 et seq., for use or consumption only within the Enhanced Area shall be exempted from paying the County's one percent (1%) Sales and Use Tax as levied by the County pursuant to authority granted under Section 6152-B of the Second Class County Code, as may be amended.
Section 4. Exemption Term - Exemption Schedule.
A. The Tax exemptions granted under this Resolution shall be for a period of eight (8) years commencing January 1, 2005 and ending on December 31, 2013.
B. The tax exemption for County real estate taxes granted under this Resolution shall be one hundred percent (100%) of the County's real estate taxation on the assessed valuation of the real property located within the Enhanced Area in accordance with the Act.
Section 5. Incorporation.
The provisions of the Act not herein enumerated, shall, nevertheless, be incorporated as part of this resolution by reference.
Section 6. Effective Date.
This resolution shall become effective January 1, 2005 until December 31, 2013, contingent and conditioned on the approval by DCED of the application with respect to the Enhanced Area of the City of Pittsburgh Revitalization Keystone Opportunity Zone.
Section 7. Transferability.
The exemption from real estate taxation authorized by this Resolution shall be upon the property exempted and not terminate upon the sale, exchange or other alienation of such property unless otherwise provided.
Section 8. Severability. If any provision of this Resolution shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable form the remaining provisions of this Resolution which shall be in full force and effect.
Section 9. Repealer. Any Resolution or Ordinance or part hereof conflicting with the provisions of this Resolution is hereby repealed so far as the same affects this Resolution.