[Adopted 8-1-2005 by Ord. No. 3-2005]
As used in this article, the following words and phrases shall
have the meanings set forth below:
The Tax Increment Financing Act, 53 P.S. § 6930.1
et seq., Act of July 11, 1990, P.L. 465, No. 113, as amended by Act
of December 16, 1992, P.L. 1240, No. 164, enacted by the General Assembly
of the Commonwealth of Pennsylvania.
The Redevelopment Authority of the County of Westmoreland
or any lawful successor thereto.
County of Westmoreland, Commonwealth of Pennsylvania.
The legally authorized agent of the Township, school district
or county responsible by law for receipt and disbursement of the revenues
of such taxing bodies.
Such costs include any and all eligible project costs undertaken
within or for the benefit of the Tax Increment District in accordance
with the express language defining project costs as contained in the
Act.
The Westmoreland Business and Research Park Phase IV Revitalization
Plan; the TIF proposal prepared by the Redevelopment Authority of
the County of Westmoreland and any duly authorized amendments thereto.
The Burrell Area School District in the Commonwealth of Pennsylvania.
The fund maintained by the Authority into which are paid
all tax increments and into which are deposited all other revenues
related to the Tax Increment District and the TIF proposal and from
which money is disbursed to pay project costs related to the district.
Tax increment or tax increment revenues shall be deemed to
include all revenues applicable to the Tax Increment District as more
fully defined in the definition of "tax increment" contained in the
Act.
The undertakings and activities of the Authority in the Westmoreland
Business and Research Park Phase IV Revitalization Area for the elimination
and prevention of blight.
Township of Upper Burrell, County of Westmoreland, Commonwealth
of Pennsylvania.
The Tax Increment District created pursuant to this article
in accordance with the provisions of Act 113 of 1990.
The Westmoreland Business and Research Park Phase IV Revitalization
Area shall contain the three parcels of real property identified by
Westmoreland County Tax Map Numbers 62-09-00-0-49, 62-09-00-0-65,
and 62-09-00-0-81, as the boundaries of such properties exist on the
effective date of the District, and as depicted in Exhibit A, attached
hereto.[1]
[1]
Editor's Note: Exhibit A is on file in the Township offices.
The Westmoreland Business and Research Park Phase IV Revitalization
Area Tax Increment Funding district is hereby created as of the effective
date of this article. The Tax Increment District shall continue in
existence until such time as all project costs are fully paid or 20
years, whichever occurs first. The Township hereby determines that
the requisite time provided for under the Act subsequent to the public
hearing has passed as of the date of adoption of this article.
The district shall be identified as the Westmoreland Business
and Research Park Phase IV Revitalization Area Tax Increment Financing
for all TIF Proposal and identification purposes.
The Township hereby determines in accordance with the powers
conferred upon municipalities by the Urban Redevelopment Law and by
the Act that based upon extensive studies and examination of the conditions
currently existing within the Tax Increment District, hereby finds
that:
A.
The district is a contiguous geographic area within a designated
redevelopment area.
B.
The improvements are likely to enhance significantly the value of
real property in the district.
C.
The aggregate value of equalized taxable property of the district,
plus all existing Tax Increment Districts, does not exceed 10% of
the total value of equalized taxable property within the Township.
D.
Public improvements within the area comprising the district as a
whole have not been adequate and would not reasonably be anticipated
to be adequately developed without the adoption of the TIF proposal.
E.
No individuals, families or small businesses will be displaced by
adoption of the TIF proposal.
F.
The TIF proposal conforms to the Township Comprehensive Plan.
G.
The TIF proposal will afford maximum opportunity, consistent with
sound needs of the community as a whole, for the rehabilitation or
redevelopment of the district by private enterprise.
H.
The district is a blighted area containing characteristics of blight
as described in the Urban Redevelopment Law and the proposal to be
undertaken is necessary to eliminate such conditions of blight. More
particularly, the conditions of blight are characterized as inadequate
planning of the area, faulty street and lot layout, and economically
or socially undesirable land uses.
The Upper Burrell Township Supervisors hereby approve the TIF
proposal for the district prepared by the Authority and authorizes
the Authority to undertake any and all methods of financing of project
costs described in the TIF proposal and available pursuant to Section
9 of the Act.[1]
[1]
Editor's Note: See 35 P.S. § 6930.9.
The Upper Burrell Township Supervisors hereby authorizes the
Township's Finance Officer to deposit all tax increment revenues
with funds received from the other taxing bodies into a Tax Increment
Fund created for the benefit of the district and directed, controlled
and maintained by the fund any other gifts, appropriations, grants,
loans, or other revenues to be applied to the district for the purposes
of proposal.
The tax increments collected by the Township Tax Collector/Treasurer,
from and after the date of settlement of such taxes, whether or not
paid into the Tax Increment Fund, shall be considered as funds impressed
with a trust in favor of the district for purposes of the proposal
tax increment revenues, whether held by the Township's Finance
Officer or Authority or otherwise, shall be applied only to the purposes
provided for by this article and for no other purpose.
The Authority is hereby authorized to apply tax incremental
revenues to project costs incurred in connection with the TIF proposal
for the district in accordance with the Act. The Authority may undertake
such expenditures, make such appropriations, reimburse parties for
prior expenditures related to project costs, enter into such contracts
and agreements with respect to the TIF proposal and the district in
which the sole judgment of the Authority shall further the purposes
of the TIF proposal consistent with the provisions of this article.
Any tax increment revenues remaining in the Tax Increment Fund after
payment of all project costs has been made or provided for shall be
returned to the property taxing bodies on a pro rata basis in the
proportions that the property tax millage of each taxing body bears
to the entire millage levied by all taxing bodies at the time that
such funds remain.
The Upper Burrell Township Supervisors hereby designate the
Redevelopment Authority of the County of Westmoreland as the Authority
charged with preparing, implementing, monitoring and directing the
TIF proposal and as the issuing Authority as defined in the Act for
any bonds or notes which may be necessary to finance project costs
for the district.
The Township of Upper Burrell hereby authorizes and directs
all appropriate officers of the Township to take all actions necessary
to implement the proposal and to further the objectives of the TIF
proposal all in accordance with the Act.
The Redevelopment Authority of the County of Westmoreland is
hereby directed to establish such dates for receipt of the tax increment
revenues as may be consistent with the cooperation agreement, provide
for any necessary reserve for tax revenues, and establish provisions
for collection and enforcement of payment of tax increment revenues
to the extent permissible under the Act.
The Township of Upper Burrell hereby authorizes the appropriate
officers of the Township to enter into a cooperation agreement with
other taxing bodies or private developers to provide any form of financial
security, collateral, guarantees or assurances toward payment of project
costs as such agreements may be deemed necessary by the Authority
in consultation with the Township. Notwithstanding the foregoing,
the Township shall not pledge its full faith and credit toward any
payment of project costs or toward any bonds or notes, which may be
issued with respect to project costs attributable to the district.
The Township may pledge or assign other sources of revenues as security
for the payment of project costs in accordance with provisions of
the Act.
From and after the effective date of this article to the extent
permissible by law, any taxable property situated within the district
which may be eligible for tax abatement under the Local Economic Revitalization
Tax Act (LERTA),[1] to the extent that such properties shall be required to
pay tax increment revenues, shall be required to thereafter not be
entitled to receive the benefit of such LERTA abatements. The appropriate
officers of the Township are hereby directed to notify any such property
owners of the termination of LERTA tax abatements.
[1]
Editor's Note: See 72 P.S. § 4722 et seq.
The Authority may propose and the Township may adopt, by ordinance
or otherwise, such amendments to the TIF proposal and the district
as are deemed advisable as provided for pursuant to the terms of the
Act.
