[Ord. 2013-1, 1/24/2013, § 1]
The following capitalized words and terms, when used in this Part, shall have the following meanings:
ACT
The Tax Increment Financing Act of the Commonwealth of Pennsylvania, 53 P.S. § 6930.1 et seq., as amended.
AGREEMENT OR TIF AGREEMENT
The Tax Increment Financing Agreement to be made by and among the Authority, the county, the school district and this Township, with respect to the District and the use and application of the tax increment revenues, such Agreement to be in the form approved in this Part.
AUTHORITY
The Redevelopment Authority of the County of York, or its lawful successor.
COUNTY
The County of York, Pennsylvania.
DISTRICT CREATION DATE
The date as of which the District shall come into existence, as specified in § 24-603 of this Part.
DISTRICT or TIF DISTRICT
The Stonebridge Tax Increment District created pursuant to this Part.
FINANCE OFFICER
The legally authorized agent of this Township responsible by law for receipt and disbursement of the tax revenues of this Township.
PROJECT
The undertakings and activities of the Authority in implementation of the project plan.
PROJECT COSTS
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.
PROJECT PLAN
The document prepared by or on behalf of the Authority in compliance with the Act and entitled "Stonebridge Tax Increment 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.
SCHOOL DISTRICT
South Eastern School District, York County, Pennsylvania, or its lawful successor.
TAX INCREMENT FUND
The fund established by the Authority with respect to the District and constituting the "tax increment fund" within the meaning of the Act, into which the Authority 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 the Authority 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 the Authority with a bank, bank and trust company, trust company or national banking association appointed by the Authority to serve as depository.
TAX INCREMENT or TAX INCREMENT REVENUES
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, all as more fully set forth in the Agreement.
TIF BONDS
Bonds, notes or other obligations issued by the Authority to finance project costs (or to retire bonds, notes or other obligations previously issued for such purpose) and payable from tax increment revenues.
TOWNSHIP
The Township of Hopewell, York County, Pennsylvania, or its lawful successor.
[Ord. 2013-1, 1/24/2013, § 2]
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. 32000CJ00380000000, 32000CJ00390000000 and 32000CJ0039C000000.
[Ord. 2013-1, 1/24/2013, § 3]
1. 
The District is hereby created as of January 24, 2013.
2. 
The District shall continue in existence until such time as all project costs and all tax increment bonds issued by the Authority and payable from tax increment revenues are fully paid or until that date which is 20 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 § 5(a)(8) of the Act, 53 P.S. § 6930.5(a)(8), extending the term of existence of the District.[1]
[1]
Editor's Note: Ordinance No. 1-2019, adopted 11/7/2019, extended the term of the District to January 24, 2038.
3. 
The District shall not be dissolved as long as tax increment bonds or notes for the District remain outstanding.
[Ord. 2013-1, 1/24/2013, § 5]
1. 
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 Hopewell 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 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 § 2 of the Urban Redevelopment Law and the Project is necessary to eliminate such conditions.
[Ord. 2013-1, 1/24/2013, § 6]
The Board of Supervisors of this Township hereby approves and adopts the project plan for the District prepared by the Authority.
[Ord. 2013-1, 1/24/2013, § 7]
The Authority 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. The Authority is authorized to undertake any and all methods of financing of project costs available pursuant to § 9 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.
[Ord. 2013-1, 1/24/2013, § 8]
This Township hereby allocates to the Authority 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 the Authority 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.[1]
[1]
Editor's Note: Ordinance No. 1-2019, adopted 11/7/2019, provided: "This Township hereby allocates to the Authority one hundred percent (100%) of all Tax Increment Revenues of this Township until January 24, 2038."
[Ord. 2013-1, 1/24/2013, § 9]
The Finance Officer of this Township shall pay over to the Authority, or shall cause to be paid over to the Authority, 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, that portion which represents the tax increment revenues which have been allocated by this Township to the Authority. The Finance Officer of this Township is also authorized to pay over to the Authority for deposit into the tax increment fund any additional moneys which the Board of Supervisors of this Township from time to time may 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.
[Ord. 2013-1, 1/24/2013, § 10]
From and after the District creation date until such time as the District is dissolved, this Township may not grant any tax exemptions pursuant to Local Economic Revitalization Tax Act (LERTA) with respect to any property located within the District, notwithstanding any ordinance of this Township to the contrary.
[Ord. 2013-1, 1/24/2013, § 11]
1. 
This Township shall enter into the Agreement with the Authority and the other local government units participating in the District for the purposes of, among other things, confirming the appointment of the Authority 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 the Authority; setting forth the manner in which such allocated tax increment revenues shall be paid to the Authority and applied by the Authority; 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 TIF Bonds and the security of 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 any TIF Bonds.
2. 
The Agreement shall be for the duration of the term of the District[1] and shall be substantially in the form submitted to the Board of Supervisors of the Township at this meeting, which is hereby incorporated in this Part by this reference, together with such changes as may be approved in accordance with the following subsection of this Part. A copy of the Agreement in the form submitted to the Board of Supervisors at this meeting shall be filed by the Secretary of the Township with the minutes of this meeting.
[1]
Editor's Note: Ordinance No. 1-2019, adopted 11/7/2019, provided: "This Township shall enter into the Amendment to extend the term of the TIF District." Said ordinance extended the term of the District to January 24, 2038.
3. 
The Agreement shall be executed and delivered on behalf of this Township by the Chairman or Vice Chairman of 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 paragraph of this Part, 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 Township Board of Supervisors and to affix the official seal of this Township upon the Agreement.
[Ord. 2013-1, 1/24/2013, § 12]
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 TIF Bonds may reasonably request.[1] 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.
[1]
Editor's Note: Ordinance No. 1-2019, adopted 11/7/2019, which extended the term of the District to January 24, 2038, provided: "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 the Amendment and such other instruments, documents and certificates as the Parties may reasonably request."
[Ord. 2013-1, 1/24/2013, § 13]
The Authority 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 the District as are deemed advisable, but only in accordance with the Act.
[Ord. 2013-1, 1/24/2013, § 14]
Any reference in this Part to any officer of this Township shall be deemed to refer to his or her duly qualified successor in office, if applicable.
[Ord. 2013-1, 1/24/2013, § 15]
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 Part.