[HISTORY: Adopted by the Board of Supervisors of the Township
of West Manchester as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Taxation — See Ch. 125.
[Adopted 1-23-2014 by Ord. No. 14-01]
The following capitalized words and terms, when used in this
chapter, shall have the following meanings:
The Tax Increment Financing Act of the Commonwealth of Pennsylvania,
53 P.S. § 6930.1 et seq., as amended.
The Tax Increment Financing Agreement to be made by and among
RACY, the County, the School District, and this Township, with respect
to the District and the use and application of the Tax Increment Revenues.
The County of York, Pennsylvania.
The date as of which the District shall come into existence, as specified in § 126-3 of this chapter.
The West Manchester Mall Tax Increment Financing District
created pursuant to this chapter.
The legally authorized agent of this Township responsible
by law for receipt and disbursement of the tax revenues of this Township.
The undertakings and activities of RACY in implementation
of the Project Plan.
Expenditures and costs incurred or to be incurred for expenditures
with respect to the Project that constitute "project costs" within
the meaning of the Act.
The document prepared by or on behalf of RACY in compliance
with the Act and entitled "West Manchester Mall Tax Increment Financing
District Project Plan," a copy of which is on file with the Secretary
of this Township, as the same may be amended from time to time, in
accordance with the Act.
The Redevelopment Authority of the County of York, or its
lawful successor.
The West York Area School District, York County, Pennsylvania,
or its lawful successor.
The fund established by RACY with respect to the District
and constituting the "tax increment fund" within the meaning of the
Act, into which RACY shall pay or cause to be paid all Tax Increments
and any additional money received pursuant to an appropriation from
the County, the Township, or the School District or from any other
source, and from which RACY shall disburse money to pay Project Costs
and to satisfy claims of holders of TIF Bonds. Unless otherwise permitted
by the Agreement, such fund shall be established and maintained by
RACY with a bank, bank and trust company, trust company, or national
banking association appointed by RACY to serve as depository.
Shall be deemed to include all incremental real property
tax revenues resulting from an increase in the total market value
of taxable real property situated in the District, determined with
reference to the aggregate market value of all taxable real property
located within the District as of the District Creation Date, and
shall include all payments in lieu of real property taxes assigned
to or agreed to be paid by governmental entities or nonprofit organizations
with respect to real property situated in the District pursuant to
agreements made after the District Creation Date, but only to the
extent such payments in lieu of real property taxes are attributable
to an increase in the market value of such property over the market
value thereof as of the District Creation Date, all as more fully
set forth in the Agreement. In addition, incremental mercantile tax
revenues resulting from an increase in the total gross volume of retail
business from the businesses situated in the District as determined
from the base value as of the District Creation Date, and all incremental
business privilege tax revenues resulting from the total gross volume
of service rentals from within the District as determined from the
base value as of the District Creation Date.
Bonds, notes or other obligations issued by RACY to finance
Project Costs (or to retire bonds, notes or other obligations previously
issued for such purpose) and payable from Tax Increment Revenues.
West Manchester Township, York County, Pennsylvania, or its
lawful successor.
The District shall contain the following adjoining full units
of property assessed for real property tax purposes, all of which
are located within the Township: the parcels of land designated as
York County Tax Parcel Nos. 51000JH0056F000000 and 51000JH0056C000000.
A.
The District is hereby created as of February 1, 2014.
B.
The District shall continue in existence until such time as all Project
Costs and all tax increment bonds issued by RACY and payable from
Tax Increment Revenues are fully paid or until that date which is
15 years after the District Creation Date, as permitted by the Act,
whichever is earlier, unless an amendment shall be made to the Project
Plan in accordance with Section 5(a)(8) of the Act, 53 P.S. § 6930.5(a)(8),
extending the term of existence of the District.
C.
The District shall not be dissolved as long as tax increment bonds
or notes for the District remain outstanding.
The District shall be identified and known as the "West Manchester
Mall Tax Increment Financing District."
The Board of Supervisors of this Township makes the following
findings:
A.
The District is a contiguous, geographic area within an area which
a Planning Commission (the West Manchester Township Planning Commission)
has designated as a "redevelopment area" in accordance with the Pennsylvania
Urban Redevelopment Law, 35 P.S. § 1701 et seq.
B.
The improvement of the area is likely to enhance significantly the
value of substantially all of the other real property in the District.
C.
The aggregate value of equalized taxable property of the District,
plus all existing tax increment financing districts within the Township,
does not exceed 10% of the total value of equalized taxable property
within the Township, nor does the same exceed 10% of the total value
of equalized taxable property within the County or the School District.
D.
The area comprising the District, as a whole, has not been subject
to adequate growth and development through investment by private enterprise
and is not reasonably anticipated to be adequately developed without
the adoption of the Project Plan.
E.
No individuals, families or small businesses will be displaced by
the creation of the District or the public works or improvements and
residential, commercial, or industrial development or revitalization
within the District contemplated by the Project Plan.
F.
The Project Plan conforms to the Township's Master Plan.
G.
The Project Plan 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 described
in the Urban Redevelopment Law and the Act, with the Project being
necessary to eliminate such conditions.
The Board of Supervisors of this Township hereby approves and
adopts the Project Plan for the District prepared by RACY.
RACY is hereby designated as the authority charged with preparing,
implementing, monitoring, and directing the Project Plan and as the
issuing authority, as defined in the Act, for any tax increment bonds
or notes which may be necessary to finance Project Costs for the District.
RACY is authorized to undertake any and all methods of financing of
Project Costs available pursuant to Section 9[1] of the Act and to cooperate with the private developer
or developers of the land in the District in the implementation of
the Project Plan and the contemplated financing.
[1]
Editor's Note: See 53 P.S. § 6930.9.
This Township hereby allocates to RACY 100% of all Tax Increment
Revenues of this Township received from the District Creation Date
until that time, after the completion of all improvements specified
as part of the Project in the Project Plan and any amendments thereto
made in accordance with the Act, when RACY has received aggregate
Tax Increment Revenues allocated to it by the participating local
government units in an amount equal to the aggregate of all expenditures
made or monetary obligations incurred for Project Costs, including
the payment of all TIF Bonds.
The Finance Officer of this Township shall pay over to RACY,
or shall cause to be paid over to RACY, in each case for deposit in
the Tax Increment Fund, on each settlement date provided by law for
the payment of real property taxes levied by this Township, out of
all such taxes which have been collected and all payments in lieu
of taxes which have been received, that portion which represents the
Tax Increment Revenues which have been allocated by this Township
to RACY. The Finance Officer of this Township is also authorized to
pay over to RACY for deposit into the Tax Increment Fund any additional
moneys which the Board of Supervisors of this Township may, from time
to time, appropriate for the purpose of the payment of Project Costs,
including payment of the TIF Bonds, and any moneys received by this
Township, from time to time, from any other sources to the extent
such moneys are intended or restricted for payment of Project Costs,
including payment of the TIF Bonds.
A.
This Township shall enter into the Agreement with RACY and the other
local government units participating in the District for the purposes
of, among other things, confirming the appointment of RACY as the
entity charged with preparing and implementing the approved Project
Plan and issuing the TIF Bonds; confirming the allocation of Tax Increment
Revenues to RACY; setting forth the manner in which such allocated
Tax Increment Revenues shall be paid to RACY and applied by RACY;
and setting forth such further terms and provisions as may be deemed
necessary or desirable for the implementation of the Project Plan,
the issuance and sale of the TIF Bonds and the security of the TIF
Bonds, provided that nothing in the Agreement shall constitute a pledge
of the full faith, credit or taxing power of this Township for the
payment of Project Costs or the principal of or interest on the TIF
Bonds.
B.
The Agreement shall be executed and delivered on behalf of this Township
by the Chairman or Vice Chairman of the Township Board of Supervisors,
and each such officer is hereby authorized and directed to execute
and to deliver the Agreement in substantially the form approved in
the preceding subsection of this chapter, together with such changes
thereto as such officer, following consultation with the Solicitor
of this Township, may approve, such officer's execution and delivery
of the Agreement to constitute conclusive evidence of his or her approval
of any such changes. The Secretary of this Township is hereby authorized
and directed to attest execution of the Agreement by the Chairman
or Vice Chairman of this Township Board of Supervisors and to affix
the official seal of this Township upon the Agreement.
The Chairman or Vice Chairman of Board of Supervisors and the
Secretary of this Township are hereby each authorized to execute and
to deliver on behalf of this Township such other instruments, documents
and certificates as the Authority or any other party to the issuance,
sale and delivery of the TIF Bonds may reasonably request. Each such
instrument, document, and certificate shall be in such form and have
such content as the officer of this Township executing the same, following
consultation with the Solicitor of this Township, may approve, such
officer's execution and delivery of the same to constitute conclusive
evidence of such approval.
RACY may propose, and the Board of Supervisors of this Township
may adopt, by ordinance or in such other manner as shall be permitted
by law, such amendments to the Project Plan and District as are deemed
advisable, but only in accordance with the Act.
Any reference in this chapter to any officer of this Township
shall be deemed to refer to his or her duly qualified successor in
office, if applicable.
This Township approves, ratifies, and confirms all action heretofore
taken by its officers, its designated representative or representatives,
and other persons on its behalf in connection with the undertakings
herein contemplated, to the extent not inconsistent with this chapter.
[Adopted 5-25-2017 by Ord. No. 17-02]
The following capitalized words and terms, when used in this
article, shall have the following meanings:
The Tax Increment Financing Act of the Commonwealth of Pennsylvania,
53 P.S. § 6930.1 et seq., as amended.
The First Amendment to Tax Increment Financing Agreement
to be made by and among RACY, the County, the School District, and
this Township, with respect to the amended District.
The date as of which the amended District shall come into existence, as specified in § 126-17 of this article.
The West Manchester Mall Tax Increment Financing District
amended pursuant to this article.
The County of York, Pennsylvania.
The date, February 1, 2014, as of which the West Manchester
Mall Tax Increment Financing District came into existence, as specified
in Section 3 of Ordinance No. 14-01.
The West Manchester Mall Tax Increment Financing District
created pursuant to Ordinance No. 14-01.
The document prepared by or on behalf of RACY in compliance
with the Act and entitled "West Manchester Mall Tax Increment Financing
District First Amendment to Project Plan," a copy of which is on file
with the Secretary of this Township, as the same may be amended from
time to time, in accordance with the Act.
The Redevelopment Authority of the County of York, or its
lawful successor.
The West York Area School District, York County, Pennsylvania,
or its lawful successor.
The Tax Increment Financing Agreement dated October 24, 2014,
made by and among RACY, the County, the School District, and this
Township, with respect to the District and the use and application
of the Tax Increment Revenues.
West Manchester Township, York County, Pennsylvania, or its
lawful successor.
The Amended District shall contain the following adjoining full
units of property assessed for real property tax purposes, all of
which are located within the Township, and identified and designated
as York County Tax Parcels:
A.
The Amended District is hereby created as of July 1, 2017.
B.
The District, as amended by this article, shall continue in existence
in accordance with Ordinance No. 14-01, unless an amendment shall
be made to the Project Plan in accordance with Section 5(a)(8) of
the Act, 53 P.S. § 6930.5(a)(8), extending the term of existence
of the District.
C.
The District shall not be dissolved as long as tax increment bonds
or notes for the District remain outstanding.
The District shall continue to be identified and known as the
"West Manchester Mall Tax Increment Financing District."
The Board of Supervisors of this Township makes the following
findings in addition to the legislative findings made in Ordinance
No. 14-01:
A.
The Amended District is a contiguous, geographic area within an area
which a planning commission (the West Manchester Township Planning
Commission) has designated as a "redevelopment area" in accordance
with the Pennsylvania Urban Redevelopment Law, 35 P.S. § 1701
et seq.
B.
The improvement of the area is likely to enhance significantly the
value of substantially all of the other real property in the Amended
District.
C.
The aggregate value of equalized taxable property of the Amended
District, plus all existing tax increment financing districts within
the Township, does not exceed 10% of the total value of equalized
taxable property within the Township, nor does the same exceed 10%
of the total value of equalized taxable property within the County
or the School District.
D.
The area comprising the District, as a whole, had not been subject
to adequate growth and development through investment by private enterprise
prior to the creation of the District and was not reasonably anticipated
to be adequately developed without the adoption of the First Amendment
to Project Plan.
E.
No individuals, families or small businesses will be displaced by
the creation of the Amended District or the public works or improvements
and residential, commercial, or industrial development or revitalization
within the Amended District contemplated by the First Amendment to
Project Plan.
F.
The First Amendment to Project Plan conforms to the Township's
Master Plan.
G.
The First Amendment to Project Plan will afford maximum opportunity,
consistent with sound needs of the community as a whole, for the rehabilitation
or redevelopment of the Amended District by private enterprise.
H.
The Amended District has been a blighted area containing characteristics
described in the Urban Redevelopment Law and the Act, with the First
Amendment to Project Plan being necessary to eliminate such conditions.
The Board of Supervisors of this Township hereby approves and
adopts the First Amendment to Project Plan for the Amended District
prepared by RACY.
The West Manchester Mall Tax Increment Financing District created
by Ordinance No. 14-01 and as proposed in the Project Plan shall continue
in all respects, purposes and terms, including but not limited to,
the allocation of positive tax increments, and the payment of tax
increments and other funds allocated to the issuing authority, except
as amended by this article.
A.
This Township shall enter into the First Amendment to TIF Agreement
with RACY and the other local government units participating in the
Amended District for the purposes of, among other things, amending
the District boundaries, and setting forth such further terms and
provisions as may be deemed necessary or desirable for the implementation
of the First Amendment to Project Plan.
B.
The Agreement shall be executed and delivered on behalf of this Township
by the Chairman or Vice Chairman of the Township Board of Supervisors,
and each such officer is hereby authorized and directed to execute
and to deliver the Agreement in substantially the form approved in
the preceding subsection of this article, together with such changes
thereto as such officer, following consultation with the Solicitor
of this Township, may approve, such officer's execution and delivery
of the Agreement to constitute conclusive evidence of his or her approval
of any such changes. The Secretary of this Township is hereby authorized
and directed to attest execution of the Agreement by the Chairman
or Vice Chairman of this Township Board of Supervisors and to affix
the Official Seal of this Township upon the Agreement.
The Chairman or Vice Chairman of the Board of Supervisors and
the Secretary of this Township are hereby each authorized to execute
and to deliver on behalf of this Township such other instruments,
documents and certificates as the Authority or any other party to
the issuance, sale and delivery of the TIF bonds may reasonably request.
Each such instrument, document, and certificate shall be in such form
and have such content as the officer of this Township executing the
same, following consultation with the Solicitor of this Township,
may approve, such officer's execution and delivery of the same
to constitute conclusive evidence of such approval.
RACY may propose, and the Board of Supervisors of this Township
may adopt, by Ordinance or in such other manner as shall be permitted
by law, such additional amendments to the Project Plan and District
as are deemed advisable, but only in accordance with the Act.
Any reference in this article to any officer of this Township
shall be deemed to refer to his or her duly qualified successor in
office, if applicable.
This Township approves, ratifies, and confirms all action heretofore
taken by its officers, its designated representative or representatives,
and other persons on its behalf in connection with the undertakings
herein contemplated, to the extent not inconsistent with this article.
