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An Ordinance of the County of Allegheny to repeal Ordinance No. 09-05 and revoke approval of the Deer Creek Crossing Tax Increment Financing Plan, as presented by the Redevelopment Authority of 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 in order to increase the tax base and improve the general economy; and
Whereas, under the Act, the Redevelopment Authority of Allegheny County (the “Authority”) is legally empowered to prepare a Tax Increment Financing (“TIF”) proposal to provide financing for the elimination and prevention of the development or spread of blight within specified tax increment districts located in the County and to present such Proposal to the County for its consideration; and
Whereas, pursuant to the Act, the County of Allegheny created the Deer Creek Crossing Tax Increment Financing District (the “TIF District”) on October 7, 1999 (the “1999 Ordinance”) and adopted the Deer Creek Crossing Tax Increment Financing Plan (the “TIF Plan”) to provide financing for construction of public infrastructure improvements within the TIF District associated with a new retail development (“the Deer Creek Project”) based upon certain then-existing conditions; and
Whereas, because of changed circumstances and conditions of the proposed development, the Authority adopted an amendment to the TIF (“Amended TIF Plan”) in accordance with the requirements of the Act, and this Amended TIF Plan was approved by Act of Council on February 22, 2005 via Ordinance 09-05; and
Whereas, the project as contemplated by the Amended TIF Plan has not been undertaken in a timely manner and it appears that no substantial progress has been made towards completion of the project as contemplated by the Amended Project Plan; and
Whereas, no taxes have yet been collected or contributed under the terms of the Amended TIF Plan; and
Whereas, it appears that many material circumstances surrounding the proposed tax increment financing district and the Amended TIF Plan have changed dramatically since the formulation and approval of the Amended TIF Plan; specifically, another substantial retail development (“the Mills”) has been constructed approximately three (3) miles away from the project contemplated by the Amended TIF Plan; the revenues, including tax revenues, related to the Mills have been substantially less than projected; another hilltop removal retail project in the County has demonstrated the disastrous risks of this sort of project; other retail projects are being developed in close proximity to the Deer Creek Project; the identity of the developer of the project has changed; and the Deer Creek Crossing Project has not been developed in a timely manner.
The Council of the County of Allegheny hereby enacts as follows:
SECTION 1. Repeal of Ordinance No. 09-05
Ordinance Number 09-05 is hereby repealed in its entirety. Any and all prior County approvals of the amended TIF plan for this TIF district or any portion thereof are hereby revoked, although nothing in this Ordinance shall be construed to prevent the formulation of a new TIF plan for this district, should it prove feasible and in the best interest of the County.
SECTION 2. Severability. 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.
SECTION 3. Repealer. Any Resolution or Ordinance or part thereof conflicting with the provisions of this Ordinance is hereby repealed so far as the same affects this Ordinance.