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File #: 2012-0244    Version:
Type: Resolution Status: Passed Finally
File created: 4/3/2012 In control: Committee on Finance and Law
On agenda: Final action: 5/8/2012
Enactment date: 5/8/2012 Enactment #: 300
Effective date: 5/18/2012    
Title: Resolution authorizing a Cooperative Agreement or Agreements with the Urban Redevelopment Authority of Pittsburgh and the Sports & Exhibition Authority of Pittsburgh and Allegheny County providing for the assignment of parking tax revenues from New interim parking on the footprint of the Civic Arena for the purpose of Hill Redevelopment.
Sponsors: R. Daniel Lavelle, Reverend Ricky V. Burgess, Darlene M. Harris, Patrick Dowd, Theresa Kail-Smith
Indexes: PARKING ASSETS, URA COOPERATION AGREEMENTS
Attachments: 1. 2012-0244.doc, 2. 2012-0244 VERSION 2.doc, 3. 2012-0244 MAP.pdf, 4. 2012-0244 Hill District Master Plan Link.doc
Title
Resolution authorizing a Cooperative Agreement or Agreements with the Urban Redevelopment Authority of Pittsburgh and the Sports & Exhibition Authority of Pittsburgh and Allegheny County providing for the assignment of parking tax revenues from New interim parking on the footprint of the Civic Arena for the purpose of Hill Redevelopment.
 
Body
WHEREAS, pursuant to the 1955 Lower Hill Redevelopment Area Plan, a 95 acre portion of the Hill District neighborhood made up of residences and commercial blocks was cleared and as a result of this urban renewal effort about 1,300 buildings were destroyed and 413 businesses and 1,600 families were displaced; and
 
WHEREAS,  the cleared site was intended to be redeveloped into a cultural district that would include the Civic Arena as well as a grand opera house/ symphony hall, two-theater playhouse, art gallery, hotel, apartment buildings and other commercial and retail uses; and
 
WHEREAS, the redevelopment of the Lower Hill, as planned when land was cleared in 1955, did not occur; the Civic Arena was completed in 1961, and the Washington Plaza Apartments and the Chatham Center apartment and hotel complex were constructed by 1966, but the remainder of the Civic Arena site was never developed and to this day remains surface parking, negatively impacting the Hill District neighborhood;  and
 
WHEREAS, a portion of the 28 acre Civic Arena site (the "28 acre Civic Arena site") is owned by the Urban Redevelopment Authority of Pittsburgh ("URA") and a portion is owned by the Sports & Exhibition Authority of Pittsburgh and Allegheny County ("SEA"); and
 
WHEREAS, the SEA, as owner of the Civic Arena, determined that the best way to redevelop and revitalize the 28 acre Civic Arena site was to demolish the Civic Arena and create and urban street grid containing traditional urban development parcels; and
 
WHEREAS, demolition of the Civic Arena is underway and a mixed use development is planned for the 28 acre Civic Arena site; and
 
WHEREAS, upon demolition of the Civic Arena, pending construction of the street grid and development of the parcels, there will be created approximately 800 New interim parking spaces ("New Interim Parking Spaces") on the footprint of the Civic Arena; and
WHEREAS, the New Interim Parking Spaces will be new parking spaces and will generate new City Parking Tax; and
 
WHEREAS, in connection with the redevelopment and revitalization of the 28 acre Civic Arena site, the SEA is seeking funds for the design and construction of infrastructure and the URA is seeking funds for redevelopment activities in the Hill District, and
 
WHEREAS, the Redevelopment Cooperation Law (35 P.S. Section 1741 et seq.) and the Sports and Exhibition Authority Act (16 P.S. Section 5502-A  et seq.) authorize the City to enter into agreements with the URA and the SEA to carry out their public purposes upon the terms contemplated herein.
 
Be it resolved by the Council of the City of Pittsburgh as follows:
 
Section 1.       The Mayor and the Director of Finance are hereby authorized to enter into an agreement(s) with the URA, in form approved by the City Solicitor, granting to the URA, in accordance with 35 P.S. Section 1746, an amount equal to 50% of the parking taxes generated by the New Interim Parking Spaces.  That amount will be transferred to the URA for deposit to the URA Community Development Investment Fund (CDIF), and will be used in accordance with the URA's CDIF Program Guidelines, except, however, that the use will be restricted to Hill District projects as outlined in the Hill District Master Plan.  The final agreement(s) must be filed with the City Clerk and shall not be valid until read and filed by Council.
 
Section 2.      The Mayor and the Director of Finance are hereby authorized to enter into an agreement(s) with the SEA, in form approved by the City Solicitor, granting to the SEA, in accordance with 16 P.S. Section 5510-A(b), an annual amount equal to 50% of the parking tax revenues generated by the New Interim Parking Spaces.  That amount will be transferred to the SEA to be used for costs related to the design and construction of roads and infrastructure on the 28 acre Civic Arena site.  The final agreement(s) must be filed with the City Clerk and shall not be valid until read and filed by Council.
 
Section 3.      The term of the agreements will extend until the date on which there are no remaining Interim Parking Spaces. The agreements may provide for reasonable allocation of parking tax revenues to the Interim Parking Spaces in the event those spaces are operated as part of a larger parking lot, or otherwise as may be necessary.
 
Section 3.      The term shall be for funds collected for budget years 2012, 2013, 2014, 2015, and 2016 only, or upon the date on which there are no remaining New Interim Parking Spaces, whichever date occurs first.  An extension for 2017 must return to Council for approval.
A - The total amount of tax funds collected for the term shall not exceed $2 million dollars.
B - All funds exceeding $2 million dollars shall be remitted to the City
C -  The agreements may provide for reasonable allocation of parking tax revenues to the Interim Parking Spaces in the event those spaces are operated as part of a larger parking lot.
 
Section 4.      The proper officers of the City of Pittsburgh are authorized to execute all necessary and appropriate documents and instruments and to do all other acts as may be necessary and proper to carry out the purpose and intent of this Resolution.  Any amendment made to the final agreement must be approved by a majority of Council.
 
Section 5.      The funds shall not be used to provide lower cost parking that will provide an unfair advantage to the authorities over nearby privately owned taxpaying parking lots, facilities & spaces during regular and event hours.
 
Section 6.      This agreement shall only apply to new spaces that are created on the lots as described in the attached map.  None of the existing parking on the 28 acre Civic Arena site shall be affected by the terms of this resolution.
 
Section 7.      A separate fund shall be created by the Sports and Exhibition Authority for the deposit of the diverted parking tax funds from the New Interim Parking Spaces.  The fund that is created shall be subject to an annual audit by the City Controller.  Failure of the SEA to create a separate fund shall void this resolution, and all funds collected by the SEA shall be remitted to the City as parking tax.
 
Section 8.      A quarterly statement detailing all revenue collected and tax deposited shall be submitted to the Director of Finance and the City Clerk.