Title
Repealing in their entirety the following Ordinances, all approved December 23, 2024: Bill No. 240966 (granting the necessary authorizations for the City to help facilitate development of a new arena for the Philadelphia 76ers); Bill No. 240967 (authorizing the execution of a Service Agreement between the City and PAID); Bill No. 240968 (authorizing striking Filbert Street from 10th Street to 11th Street from the City Plan; Bill No. 240969 (authorizing striking certain aerial portions of Tenth Street between Market Street and Filbert Street from the City Plan); Bill No. 240970 (authorizing the construction and maintenance of various right of way encroachments in the vicinity of the proposed arena); Bill No. 240963 (amending the existing Gallery at Market East Tax Increment Financing District in the area of the proposed arena); and Bill No. 240973 (approving the amendment of a neighborhood improvement district in the area of the proposed arena).
Body
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. The following Ordinances are hereby repealed in their entirety:
• Bill No. 240966 (approved December 23, 2024), entitled “An Ordinance to grant the necessary authorizations for the City to help facilitate development, construction, and operation of a new arena for the Philadelphia 76ers professional basketball team and for other uses, including authorizing the Commissioner of Public Property and such other City officials as may be appropriate, on behalf of the City, to enter into the following agreements and take the following actions: (1) acquire fee simple title to all or portions of 1001-1025 Filbert Street, 1001-1019 Market Street, and 1025 Market Street (together, the “Market and Filbert Street Properties”); (2) acquire fee simple title to other parcels of land, aerial areas and subsurface areas in the vicinity of the Market and Filbert Street Properties including, without limitation, those areas reverting to the City or other parties in connection with the striking of certain aerial portions of Tenth Street between Market Street and Filbert Street (the “Additional Properties”) and certain other nearby parcels and areas; (3) enter into a ground lease agreement (the “Lease”) with the Philadelphia Authority for Industrial Development (“PAID”) under which the City would lease to PAID all or a portion of the Market and Filbert Street Properties and the Additional Properties, if any, and other parcels and subsurface areas the City now owns in the vicinity of those properties, all of which collectively would constitute the “Arena Site”; (4) join in or consent to a sublease and development agreement (the “Sublease”) between PAID and either CBL Arena LLC (“ArenaCo”), an entity affiliated with the Philadelphia 76ers, L.P. (the “76ers”), or another entity affiliated with the 76ers, under which ArenaCo or other 76ers related entity would sublease the Arena Site and cause an arena to be constructed on it, including a multi-purpose sports and entertainment facility and ancillary, accessory, and related amenities, improvements, and infrastructure (the “Arena”) and agree to other related conditions; (5) upon the expiration or termination of the Sublease or other circumstances set forth in the Sublease, convey fee simple title to the Arena Site to PAID for disposition to ArenaCo; (6) grant, accept, amend, relocate and extinguish easements, agreements, conditions, covenants and restrictions encumbering or benefitting the Arena Site and any City owned property adjacent to the Arena Site for the benefit of the Arena Site to facilitate construction and operation of the Arena; (7) enter into a direct operating covenants agreement among the 76ers, PAID and the City, under which the 76ers agree to play substantially all of their regular season and playoff home games in the Arena; and (8) take all actions necessary and appropriate to accomplish the intent and purpose of this Ordinance; all under certain terms and conditions.”
• Bill No. 240967 (approved December 23, 2024), entitled “An Ordinance authorizing and approving the execution and delivery of a Service Agreement between The City of Philadelphia and the Philadelphia Authority for Industrial Development relating to the provision by the Philadelphia Authority for Industrial Development of certain project-related services to promote, among other things, the growth and expansion of business, commerce and tourism within The City of Philadelphia in connection with the development of a multipurpose sports and entertainment facility, including an arena to accommodate National Basketball Association games, and family entertainment, community, retail and other uses; authorizing and approving the obligation of The City of Philadelphia to pay in full when due the Service Fee and other amounts payable under the Service Agreement and covenanting to make necessary appropriations for such purposes; and authorizing City officials to take necessary or appropriate actions to accomplish the intent and purpose of the ordinance, all under certain terms and conditions.”
• Bill No. 240968 (approved December 23, 2024), entitled “An Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 307 by striking from the City Plan and vacating Filbert Street from 10th Street to 11th Street, under certain terms and conditions.”
• Bill No. 240969 (approved December 23, 2024), entitled “An Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 307 by striking from the City Plan and vacating certain aerial portions of Tenth Street between Market Street and Filbert Street, under certain terms and conditions.”
• Bill No. 240970 (approved December 23, 2024), entitled “An Ordinance authorizing CBL Arena, LLC. and its successor(s) in interest to construct, own, and maintain various right of way encroachments in the vicinity of 1001-19 Market Street, 1025 Market Street and 1001-25 Filbert Street, Philadelphia, PA 19107, under certain terms and conditions.”
• Bill No. 240963 (approved December 23, 2024), entitled “An Ordinance amending the existing Gallery at Market East Tax Increment Financing District, being the area generally bounded by Filbert Street on the north, 8th Street on the east, 11th Street on the west, and Market Street on the south, to remove certain portions of such property generally bounded by Filbert Street on the north, 10th Street on the east, 11th Street on the west, and Market Street on the south from such District, and approving the amended project plan of the Philadelphia Authority for Industrial Development for the redevelopment of the Gallery at Market East Tax Increment Financing District and making certain findings and declarations, all in accordance with the Tax Increment Financing Act, being the Act of July 11, 1990, P.L. 465, No. 113, as amended, and authorizing the Director of Finance and other offices of the City to execute documents and do all things necessary to carry out the intent of this Ordinance.”
• Bill No. 240973 (approved December 23, 2024), entitled “An Ordinance approving the amendment of a neighborhood improvement district in the area generally bounded by, and including, 11th Street to the West, Filbert Street to the North, 8th Street to the East and Market Street to the South, with the exception of certain condominium units at 801 Market Street Condominium not included in the District, known as the Gallery Neighborhood Improvement District, to remove certain portions of such property generally bounded by Filbert Street on the north, 10th Street on the east, 11th Street on the west, and Market Street on the south from such District in accordance with the provisions of the Community and Economic Improvement Act, and under certain terms and conditions.”
SECTION 2. This ordinance is effective immediately.
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