A Resolution of County of Allegheny approving amendments to the Riverplace-City Center of Duquesne Tax Increment Financing Plan and Riverplace-City Center of Duquesne Tax Increment Financing District and authorizing a new Tax Increment Financing project within the Tax Increment Financing District and related actions.
Whereas, pursuant to the Tax Increment Financing Act, 53 PA. Stat. Ann. ยง6930.1 et. seq. ("Act"), the City of Duquesne, Pennsylvania (the "City") adopted its Ordinance No. 99-3 on November 10, 1999 creating the "Riverplace-City Center of Duquesne Tax Increment Financing District" (the "TIF District"); and
Whereas, the County of Allegheny ("County"), the Duquesne City School District (the "School District") have agreed to participate in the TIF District and the Redevelopment Authority of the City of Duquesne (the "Redevelopment Authority") agreed to prepare a project plan in accordance with the Act; and
Whereas, development within the TIF District has occurred in accordance with the tax increment financing plan originally approved for the TIF District, which is attached hereto and incorporated herein as Exhibit "A" (the "Original TIF Plan"); and
Whereas, the Regional Industrial Development Corporation ("RIDC") has proposed to undertake a new Tax Increment Financing Project, consisting of a flex industrial building and related public and private improvements (the "Riverplace-City Center of Duquesne Tax Increment Financing Project" or the "new TIF Project"), within the TIF District as more fully set forth in Exhibit "B" attached hereto and made a part hereof; and
Whereas, the Redevelopment Authority and RIDC have requested that the County, the City, and the School District agree to amend the Original TIF Plan by extending the term of the Original TIF Plan and by amending the boundaries of the TIF District, all as more fully set forth and described in Exhibit "C" to this Resolution; and
Whereas, pursuant to Section 6930.5 (a)(8) of the Act, the governing body of the municipality which created a TIF district may at any time adopt an amendment to a TIF plan, which shall be subject to approval in the same manner as the original project plan; and
Whereas, the Redevelopment Authority has made formal presentations to the governing bodies of the City, the County, and School District, describing the proposed amendments to the Original TIF Plan and TIF District and describing the new TIF Project, and
Whereas, the City, the School District and the County, each as participating taxing bodies in the TIF District and the Original TIF Plan, have designated their representatives to meet with the Redevelopment Authority to discuss the proposed amendments to the Original TIF Plan and the new TIF Project attached hereto as Exhibit "C"; and
Whereas, the representatives of the participating taxing bodies have reviewed the amendments to the Original TIF Plan (the "Amended TIF Plan") and TIF District and have recommended to their respective governing bodies that the amendments be approved so that the new TIF Project can be accomplished; and
Whereas, the County is expected to benefit from the Amended TIF Plan and the expansion of the TIF District by stimulation of private investment, increases in property values, creation of employment opportunities, and improvement of surrounding properties; and
Whereas, the Council of Allegheny County ("Council") believes that approval of the Amended TIF Plan, expansion of TIF District and the approval of the new TIF Project will benefit the health, safety and welfare of the citizens of the County.
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. Terms Defined.
Terms used in the Recitals to these Resolutions are herein used as therein defined.
Section 3. Amendment to TIF Plan and TIF District, Approval of TIF Project.
(a) The Amended TIF Plan and TIF District prepared by the Redevelopment Authority and attached hereto as Exhibit "C" are hereby agreed to and adopted.
(b) The boundaries of the TIF District shall be as identified in the Amended TIF Plan and TIF District and shall include only those whole units of property assessed or to be assessable for general property tax purposes.
(c) The life of the TIF District shall be extended beyond its current expiration date, which is December 31, 2014, for an additional fifteen (15) years to December 31, 2029.
(d) The TIF Project more fully set forth in Exhibit "B" is hereby approved.
(e) The name of the Amended TIF Plan and TIF District shall continue to be the "Riverplace-City Center of Duquesne Tax Increment Financing District".
SECTION 4. Findings.
After due consideration, the Council finds as follows:
(a) The TIF District, as amended, is a contiguous geographic area within a redevelopment area;
(b) The improvement of the area is likely to enhance significantly the value of substantially all of the other real property in the amended TIF District;
(c) The aggregate value of equalized taxable property of the amended TIF District, plus all existing tax increment districts, does not exceed 10% of the total value of equalized taxable property within the City;
(d) The area comprising the amended TIF District as a whole has not been subject to adequate growth and development through investment by private enterprise and would not reasonably be anticipated to be adequately developed or further developed without the amendment of the Original TIF Plan;
(e) No individuals, families, and small businesses will be displaced by the Amended TIF Plan and TIF District and there exists no need for relocation;
(f) The Amended TIF Plan and TIF District conforms to the County's Master Plan, if any;
(g) The Amended TIF Plan and TIF District will afford maximum opportunity, consistent with the sound needs of the community as a whole, for the rehabilitation or the redevelopment of the amended TIF District by private enterprise; and
(h) The amended TIF District is a blighted area containing characteristics of blight as described in the Urban Redevelopment Law and the TIF Project to be undertaken is necessary to eliminate such conditions of blight.
Section 5. Notification of Actions.
The Chief Clerk of County Council is directed and the County Manager is requested to deliver a copy of this Resolution to the City and the School District, as provided in the Act.
Section 6. Cooperative Actions.
The appropriate public officials of the County are hereby directed to take such additional action in cooperation with the Redevelopment Authority, the City and the School District in furtherance of the Amended TIF Plan and TIF District and the TIF Project.
Section 11. 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 12. 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.