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An Ordinance of the County of Allegheny authorizing the County to enter into an intergovernmental cooperation agreement with various municipalities and school districts within the County for the purpose of joining in the formation and establishment of a public body, corporate and politic, to be known as the Tri-COG Land Bank.
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WHEREAS, many municipalities within Allegheny County are struggling to cope with vacant, abandoned, and tax-delinquent properties; and
WHEREAS, vacant, abandoned, and tax-delinquent properties impose significant costs on municipalities and school districts by lowering property values, increasing fire and police protection costs, decreasing tax revenues and undermining community cohesion; and
WHEREAS, there is an overriding public need to confront the problems caused by vacant, abandoned, and tax-delinquent properties through the creation of new tools to enable municipalities to turn vacant, abandoned, and tax-delinquent spaces into vibrant places; and
WHEREAS, in 2012, the Pennsylvania General Assembly enacted a statute known as the Land Bank Act, 68 Pa.C.S.A. §2101 et. seq. (Supp. 2015); and
WHEREAS, the Land Bank Act authorizes the creation of land banks as a tool, by which participating municipalities and school districts can combat blight and facilitate the return of vacant, abandoned, and tax-delinquent properties to productive use; and
WHEREAS, Section 2104 (c) the Land Bank Act authorizes municipalities and school districts to jointly create a land bank pursuant to an intergovernmental cooperation agreement; and
WHEREAS, the Clairton City School District, the Fox Chapel School District, the Gateway School District, the City of Clairton, the Borough of Sharpsburg, the Municipality of Monroeville, the Borough of Braddock Hills, the Borough of Chalfant, the Borough of Churchill, the Borough of East Pittsburgh, the Borough of Forest Hills, the Borough of Swissvale, the Borough of Turtle Creek, and the Township of Wilkins (the “Respective Land Bank Jurisdictions”) have officially indicated their willingness to jointly form and create a land bank to address the problem of vacant, abandoned, and tax-delinquent properties within their respective jurisdictions; and
WHEREAS, the Respective Land Bank Jurisdictions collectively have invited Allegheny County to join in the formation and establishment of a proposed land bank to be known as the Tri-COG Land Bank; and
WHEREAS, Section 2305 of the Intergovernmental Cooperation Act, 53 Pa. C.S.A. § 2305 et seq (2009) generally provides that a unit of local government, including a county, may enter into an intergovernmental cooperation agreement with another unit of local government upon the passage of an ordinance by its legislative governing body; and
WHEREAS, County Council has examined the concept of the creation of a land bank as a tool to combat blight and to restore vacant, abandoned, and tax-delinquent properties to the tax rolls and is of the considered belief that the County’s participation in the formation and establishment of the proposed Tri-COG Land Bank would inure to the benefit of the citizens of the County; and
WHEREAS, County Council wishes to authorize the County to enter into an intergovernmental cooperation agreement with the Respective Land Bank Jurisdictions (as well as with other municipalities and school districts that wish to become a member of the Tri-COG Land Bank in the future (the “Future Land Bank Jurisdictions”) to establish the Tri-COG Land Bank.
The Council of the County of Allegheny hereby enacts as follows:
Section 1. Incorporation of the Preamble.
The provisions set forth in the preamble to this Ordinance are incorporated by reference in their entirety herein.
Section 2. Authorization to Enter Intergovernmental Cooperation
Agreement and to Become a Member of the Tri-COG Land Bank.
A. The County is hereby authorized to enter into an intergovernmental cooperation agreement, under which the County will agree with the Respective Land Bank Jurisdictions (and with the Future Land Bank Jurisdictions) to form, establish, and join a land bank to be known as the Tri-COG Land Bank. The intergovernmental cooperation agreement authorized shall be referred to hereinafter as “the Tri-COG Land Bank Intergovernmental Cooperation Agreement” or the “Cooperation Agreement.”
B. The Tri-COG Land Bank Intergovernmental Cooperation Agreement hereby authorized shall be substantially in the form as proposed in the document attached hereto as Exhibit “A;” provided, however, that the final form of the Tri-COG Land Bank Intergovernmental Cooperation Agreement shall be subject to approval by the County Solicitor.
Section 3. Duration of Cooperation Agreement.
The term of the Tri-COG Land Bank Intergovernmental Cooperation Agreement shall be for the duration as set forth in the attached proposed Cooperation Agreement.
Section 4. Purposes and Objectives of the Cooperation Agreement.
A. The purpose of the Cooperation is to create and empower the Tri-COG Land Bank to exercise the powers, duties, functions, and responsibilities of a land bank under the Land Banks Act.
B. The objective of the Cooperation Agreement is to create and establish the Tri-COG Land Bank as a public body, corporate and politic, to combat blight and to facilitate the return of vacant, abandoned, and tax-delinquent properties to productive use by exercising the powers, duties, functions, and responsibilities of a land bank under the Land Banks Act.
Section 5. Structure and Financing
A. The Tri-COG Land Bank shall be organized and operated through a board of directors acting in accordance with Section 2105 of the Land Bank Act, the attached proposed Tri-COG Land Bank Intergovernmental Cooperation Agreement and the By-Laws of the Tri-COG Land Bank to be adopted by the Tri-COG Land Bank’s inaugural Board of Directors.
B. The manner and extent of financing of the Tri-COG Land Bank is through the allocation of certain delinquent real estate tax revenues and budgetary contributions as provided for in Section 9.2 of the attached proposed Tri-COG Land Bank Intergovernmental Cooperation Agreement.
Section 6. Real and Personal Property
All real property and personal property necessary to accomplish the purposes and objectives of the Tri-COG Land Bank shall be acquired, managed, licensed, and disposed of in accordance with: a) the Land Bank Act; b) the terms and provisions of the attached proposed Tri-COG Land Bank Intergovernmental Cooperation Agreement; and (c) the By-Laws and policies to be to be adopted by the Tri-COG Land Bank’s inaugural Board of Directors.
Section 7. Conditions
All conditions pertaining to the cooperation of the County and Respective Land Bank Jurisdictions and Future Land Bank Jurisdiction in the creation and operation of the Tri-COG Land Bank shall be as set forth in the attached proposed Tri-COG Land Bank Intergovernmental Cooperation Agreement.
Section 8. Contracts - Group Insurance and Employee Benefits.
It is acknowledged that the Tri-COG Land Bank is empowered to enter into contracts for policies for group insurance and employee benefits for its employees, if any, pursuant to Section 2106 and 2107 (7) of the Land Banks Act.
SECTION 9. Authorization of Officers to Act.
The appropriate County officers and officials are authorized to take such action as is necessary to carry out the purposes of this Ordinance.
Section 10. Effective Date.
This Ordinance shall enter into effect immediately upon the approval of this Ordinance by the Chief Executive.
Section 11. 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 11. 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.