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An Ordinance of the County of Allegheny to amend the Deer Creek Crossing Tax Increment Financing Plan, as presented by the Redevelopment Authority of Allegheny County, and making certain findings.
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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; and
Whereas, the Township of Harmar (the “Township”) and the Allegheny Valley School District (the “School District”) have each adopted legislation agreeing to participate in an amended TIF Plan for financing certain of the costs of construction of roadway and related public infrastructure improvements within the Township, including, without limitation, an interchange at Route 28 and Route 910 and sanitary sewer, erosion control, pavement, lighting, signals, relocation of roadways, and improvements to local roads (the “TIF Project”) to be located in the Deer Creek Crossing Redevelopment Area and identified as the Deer Creek Crossing TIF District (the “TIF District”), and requesting that the Authority prepare an amendment to the TIF Plan and designating the representatives to work with the Authority, the Township and the School District toward development and implementation of the amendment to the TIF plan; and
Whereas, the Authority, working with the designated representatives of the County, the Township and the School District, has adopted an Amended Project Plan in accordance with the requirements of the Act; and
Whereas, the Act provides for the cooperation of local taxing bodies in the financing of projects within TIF Districts and for the issuance of debt to pay for certain of the costs of implementing such plans; and
Whereas, the County is expected to benefit from the use of tax increments to pay certain project costs within the TIF District by stimulation of private investment, increases in property values, creation of employment opportunities and improvement of surrounding properties.
The Council of the County of Allegheny hereby enacts as follows:
SECTION 1. Adoption of Amended Tax Increment Financing Plan
The Amended Tax Increment Financing Plan (the “Amended Project Plan”) prepared by the Redevelopment Authority of Allegheny County and filed with the County Manager for financing certain of the costs of construction of roadway and related public infrastructure improvements within the Township, including, without limitation, an interchange at Route 28 and Route 910, and sanitary sewer, erosion control, pavement, lighting, signals, relocation of roadways, and improvements to local roads in the Deer Creek Crossing TIF District is hereby adopted and the TIF District is hereby amended in accordance herewith.
SECTION 2. Identification of Boundaries of TIF District
The boundaries of the TIF District shall be as identified in the Amended Project Plan and shall include only those whole units of property assessed or assessable for general property tax purposes.
SECTION 3. Amendment of Term of Existence of TIF District
The term of existence of the TIF District is amended, and shall continue in existence for a period of twenty years from February 28, 2005.
SECTION 4. Name of TIF District
The name of the TIF District shall continue to be the “Deer Creek Crossing Tax Increment Financing District”.
SECTION 5. County Findings Regarding the TIF District
After due consideration, the County finds as follows:
(a) The TIF District is a contiguous geographic area within a redevelopment area;
(b) The County's finding in the 1999 Ordinance is hereby confirmed inasmuch as the improvement of the area continues to be likely to enhance significantly the value of substantially all of the other real property in the TIF District;
(c) The aggregate value of equalized taxable property of the TIF District, plus all existing tax increment districts, does not exceed 10% of the total value of equalized taxable property within the County;
(d) The County's finding in the 1999 Ordinance is hereby confirmed inasmuch as the area comprising the TIF District as a whole continues to be subject to inadequate growth and development through investment by private enterprise and it continues to be reasonably anticipated that adequate development will not occur without the adoption of the Amended Project Plan;
(e) A feasible method exists for the compensation of individuals, families and small businesses, if any, that may be displaced by the TIF Project and for their relocation to decent, safe and sanitary dwelling accommodations within their means, without undue hardship to such individuals, families, and businesses;
(f) The Amended Project Plan conforms to the County's master plan;
(g) The Amended Project Plan will afford maximum opportunity, consistent with the sound needs of the community as a whole, for the rehabilitation or redevelopment of the TIF District by private enterprise; and
(h) The County's finding in the 1999 Ordinance is hereby confirmed inasmuch as the TIF District is and continues to be a blighted area containing characteristics of blight as described in the Pennsylvania Urban Redevelopment Law (P.L. 991, approved May 24, 1945, as amended) and the TIF Project to be undertaken is and continues to be necessary to eliminate such conditions of blight.
(i) The County Tax Increment Financing Guidelines, adopted by the Allegheny
County Department of Economic Development in May 2004, do not apply to this Amendment to the Deer Creek Crossing TIF Plan by virtue of the fact that the original plan was adopted in October 1999.
SECTION 6. Real Estate Tax Revenues
Eighty percent (80%) of all real estate tax revenues in excess of the base taxes on the effective date of amendment of the TIF Plan (i.e., February 28, 2005) that are due, owing, and received by the County from the parcels within the TIF District are hereby pledged, and a security interest is hereby granted, to secure the repayment of any debt incurred by the Authority for the purpose of financing public infrastructure improvements included in the TIF Project.
SECTION 7. Actions of County Public Officials
The appropriate public officials of the County are hereby directed to take such additional action in cooperation with the Authority, the Township, and the School District in furtherance of the implementation of the Amended Project Plan, including, without limitation, the execution and delivery of a Cooperation Agreement by and among the County, the Authority, the Township, and the School District.
SECTION 8. 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 9. 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.