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A Resolution of the County of Allegheny, Commonwealth of Pennsylvania, repealing Resolution No. 26-03-RE enacted by County Council at Council Agenda Number 1154-03 and enacting a new Resolution satisfying requirements of the Commonwealth of Pennsylvania by providing for a contingent exemption from Allegheny County-levied real estate and sales/use taxes for a specific area in the County of Allegheny designated as a Keystone Opportunity Subzone in order to foster economic opportunities, stimulate industrial, commercial, and residential improvements and to prevent physical and infrastructure deterioration within areas of the City of Pittsburgh
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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 local governments, including counties, to apply to the Commonwealth of Pennsylvania's Department of Community and Economic Development, hereinafter referred to as “DCED,” for designation of certain areas within their respective political boundaries as a Keystone Opportunity Subzone and, as a precondition of such application, to enact an Ordinance or Resolution which provides within the designated and approved Keystone Opportunity Subzone exemptions, deductions, abatements, or credits from all local taxes identified in the Act, which Ordinance or Resolution will be contingent only upon DCED's approval of the application; and,
WHEREAS, the County of Allegheny recognizes the need to encourage investment within a certain area spanning the City of Pittsburgh, identified more specifically in the attached hereto marked Exhibit “A”, hereinafter referred to as the “Proposed Keystone Opportunity Subzone,” which has experienced economic distress characterized by high unemployment, low investment of new capital, blighting conditions and underutilized, obsolete or abandoned industrial, commercial and residential structures; and,
WHEREAS, the County Council of the County of Allegheny finds that the enactment of such a contingent tax exemption under the Act will result in improving both the economic, physical and social conditions within the Proposed Keystone Opportunity Subzone by stimulating existing businesses employment, creating new employment and diminishing blighted conditions; and,
WHEREAS, it is expected that increased private and public sector investment will reverse the disinvestment and conditions of blight within the Proposed Keystone Opportunity Subzone within the seven (7) years of exemption as conditionally provided herein; and,
WHEREAS, the County is desirous of participating in the Keystone Opportunity Zone Act Program and intends to file an application with DCED seeking approval of the Proposed Keystone Opportunity Subzone; and
WHEREAS, the previous Resolution enacted by County Council and signed by the Chief Executive concerning a Proposed Keystone Opportunity Subzone in the City of Pittsburgh, Resolution No. 26-03-RE enacted at Council Agenda Number 1154-03 and signed on May 28, 2003, must be repealed because it inadvertently failed to include an exemption from paying the County's one percent (1%) Sales and Use Tax.
The Council of the County of Allegheny hereby enacts as follows:
SECTION I. INCORPORATION OF PREAMBLE.
The provisions set forth in the preamble to this Resolution are incorporated by reference in their entirety herein.
SECTION II. AUTHORIZATION TO ENACT KEYSTONE OPPORTUNITY
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The Council of the County of Allegheny hereby enacts pursuant to the authority granted by the Keystone Opportunity Zone Act, and the Intergovernmental Cooperation Act, Pa. Cons. Stat. Ann. Tit.53, §2301 et seq., as follows:
1. BOUNDARY OF PROPOSED KEYSTONE OPPORTUNITY SUBZONE
The 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, which area is referred to herein as the Proposed Keystone Opportunity Subzone, constitutes a deteriorated property under the Act.
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2. EXEMPTION OF COUNTY LEVIED TAXES
A. All real property located within the Proposed Keystone Opportunity Subzone is hereby exempted from the payment of Allegheny County real property taxes subject to provisions and limitations hereinafter set forth in this Ordinance.
B. All persons and corporations operating businesses located in the Proposed Keystone Opportunity Subzone which 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 with the Proposed Keystone Opportunity Subzone, except for such limitations set forth in the Act, 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.
3. EXEMPTION TERM: EXEMPTION SCHEDULE
A. The tax exemptions granted under this Resolution shall be for a period of seven (7) years commencing January 1, 2004, and ending on December 31, 2010.
B. The tax exemption for County real estate taxes granted under this Resolution shall be one hundred percent (100%) of the County's real property taxation on the assessed valuation of the real property located within the proposed Keystone Opportunity Zone.
4. INCORPORATION OF PREVISIONS OF THE ACT
This Resolution shall be subject to and shall be interpreted in accordance with the provisions of the Keystone Opportunity Zone Act.
5. TRANSFERABILITY
The exemption from real property taxation authorized by this Resolution shall be upon the property exempted and shall not terminate upon the sale, exchange or other alienation of such property unless otherwise provided.
6. EFFECTIVE DATE
Upon approval by DCED of the County's application with respect to the Proposed Keystone Opportunity Subzone, this Resolution shall enter into full force and effect on January 1, 2004.
SECTION III. SEVERABILITY
The provisions of this Resolution shall be severable except for the provisions concerning
exemptions set forth in Sections II and III hereof. If any other provisions of this Resolution shall be held to be illegal, invalid or unconstitutional by final decision of the court of competent jurisdiction, the remaining provisions of the Resolution shall remain in full force and effect.
SECTION IV. REPEALER
Resolution No. 26-03-RE enacted by County Council at Council Agenda Number 1154-03 and signed by the Chief Executive on May 28, 2003 is specifically repealed. Any Ordinance or Resolution or part of any Ordinance or Resolution conflicting with the provisions of this Resolution is rescinded insofar as the conflict exists.
SECTION 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 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.