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Township of West Manchester, PA
York County
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Table of Contents
Table of Contents
[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:
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 RACY, the County, the School District, and this Township, with respect to the District and the use and application of the Tax Increment Revenues.
COUNTY
The County of York, Pennsylvania.
DISTRICT CREATION DATE
The date as of which the District shall come into existence, as specified in § 126-3 of this chapter.
DISTRICT or TIF DISTRICT
The West Manchester Mall Tax Increment Financing District created pursuant to this chapter.
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 RACY 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 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.
RACY
The Redevelopment Authority of the County of York, or its lawful successor.
SCHOOL DISTRICT
The West York Area School District, York County, Pennsylvania, or its lawful successor.
TAX INCREMENT FUND
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.
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, 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.
TIF BONDS
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.
TOWNSHIP
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:
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 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.
AMENDED DISTRICT CREATION DATE
The date as of which the amended District shall come into existence, as specified in § 126-17 of this article.
AMENDED DISTRICT or AMENDED TIF DISTRICT
The West Manchester Mall Tax Increment Financing District amended pursuant to this article.
COUNTY
The County of York, Pennsylvania.
DISTRICT CREATION DATE
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.
DISTRICT or TIF DISTRICT
The West Manchester Mall Tax Increment Financing District created pursuant to Ordinance No. 14-01.
FIRST AMENDMENT TO PROJECT PLAN
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.
RACY
The Redevelopment Authority of the County of York, or its lawful successor.
SCHOOL DISTRICT
The West York Area School District, York County, Pennsylvania, or its lawful successor.
TIF AGREEMENT
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.
TOWNSHIP
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. 
No. 51000JH0056F000000.
B. 
No. 51000JH0056U000000.
C. 
No. 51000JH0056V000000.
D. 
No. 51000JH0056Y000000.
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.