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Resolution of the County of Allegheny Regarding Tax Increment Financing Plan presented by the Redevelopment Authority of Allegheny County, creating the Mt. Nebo Pointe Tax Increment Financing District, 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, the Township of Ohio (the “Township”) and the Avonworth School District (the “School District”) have each adopted resolutions agreeing to participate in a TIF plan for financing certain of the costs of construction of roadway and related public infrastructure improvements within the Township, including, without limitation, (a) the addition of and modification of traffic and improvements to local roads including, without limitation, Mt. Nebo Road, Camp Horne Road, Lowries Run Road and Roosevelt Road, and (b) the construction of sanitary sewer and water infrastructure improvements, including a new on-site water distribution system, improvements to the off-site sanitary sewer system, a new on-site sanitary sewer system, improvements to the off-site storm water system and new wetlands and stream enhancements (the “TIF Project”) to be located on a 79.7 acre property located in Ohio Township, Allegheny County, bounded by McAdams Lane to the North, Mt. Nebo Road to the West, Lowries Run Road to the South, and the Ross Township/Ohio Township line to the East and identified as the Mt. Nebo Pointe TIF District (the “TIF District”), and requesting the Authority to prepare a detailed TIF proposal and designating the representatives to work with the Authority, the Township, the County and the School District toward development and implementation of a TIF plan with respect to the TIF Project; and
Whereas, the Authority, working with the designated representatives of the County, the Township and the School District, has adopted a Tax Increment Financing Plan (the “Project Plan”) in accordance with the requirements of the Act which Project Plan, as prepared by the Authority and filed with the County Manager, provides for the financing of certain of the costs of construction of roadway and related public infrastructure improvements within the Township, including, without limitation (a) the addition of and modification of traffic and improvements to local roads including, without limitation, Mt. Nebo Road, Camp Horne Road, Lowries Run Road and Roosevelt Road, and (b) the construction of sanitary sewer and water infrastructure improvements, including a new on-site water distribution system, improvements to the off-site sanitary sewer system, a new on-site sanitary sewer system, improvements to the off-site storm water system and new wetlands and stream enhancements in the Mt. Nebo Pointe TIF District; 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, on November 26, 2002, the County held a public hearing on the proposal to create the TIF District and the proposed adoption of the Project Plan; and
Whereas, the County is expected to benefit from the use of tax increments to pay certain project costs related to 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. After due consideration, the County finds as follows:
(a) The TIF District 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 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 area comprising the 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 without the adoption of the 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 Project Plan conforms to the County’s master plan;
(g) the 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 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 2. The Project Plan is hereby adopted and the TIF District specifically described in the Project Plan is hereby created.
Section 3. The boundaries of the TIF District shall be as identified in the Project Plan and shall include only those whole units of property assessed or assessable for general property tax purposes.
Section 4. The TIF District created hereby shall be effective as of January 1, 2003 and shall continue in existence for a period of twenty years from January 1, 2003.
Section 5. The name of the TIF District shall be the “Mt. Nebo Pointe Tax Increment Financing District”.
Section 6. Sixty percent (60%) of all real estate tax revenues in excess of the base taxes on the date of creation of the TIF District 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. 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 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 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.