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Approving an Agreement of Agency Designation pursuant to the Urban Redevelopment Cooperation Law between the Commonwealth of Pennsylvania, acting by and through the Pennsylvania Department of General Services, and the Redevelopment Authority of the City of Philadelphia for the purpose of acquiring land, in the name of the Commonwealth of Pennsylvania, as part of the expansion of the Pennsylvania Convention Center, in a form acceptable to the Commonwealth of Pennsylvania and the Redevelopment Authority of the City of Philadelphia.
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WHEREAS, In the Capital Budget Project Itemization Act of 2003-2004, Act No. 2004_40, §3(8)(ii)(c), the General Assembly appropriated $400,000,000 to the Department of General Services (“DGS”), for a public improvement project to be constructed or acquired by DGS, consisting of the expansion of the Pennsylvania Convention Center, including planning, land acquisition and construction (the “Project”); and
WHEREAS, In order to assemble the land for the Project, DGS shall to acquire in the name of the Commonwealth of Pennsylvania, certain properties necessary for the Project (“Properties”); and
WHEREAS, Pursuant to § 6.1 of the Redevelopment Cooperation Law, Act of May 24, 1945, P.L. 982, § 6.1; added by the Act of January 19, 1968, P.L. (1967) 987, § 2; 35 P.S. § 1746.1 (“§ 1746.1”), DGS may designate and appoint the RDA its agent to perform any specified activity that DGS is authorized by law to perform, so long as such activity is in furtherance of the public purposes specified in the Urban Redevelopment Law (“URL”); and
WHEREAS, Expansion of the Pennsylvania Convention Center furthers the public purposes specified in the URL, and therefore, DGS is authorized under the Redevelopment Cooperation Law to designate the RDA as the agent of DGS to act on behalf of the Commonwealth in the acquisition of the Properties; and
WHEREAS, Due to the RDA’s expertise and resources in acquiring land, DGS has determined to designate the RDA as DGS’s agent and the RDA has determined to accept such designation and to act as DGS’s agent in acquiring the Properties in the name of the Commonwealth of Pennsylvania; and
WHEREAS, Pursuant to § 6.1 of the Redevelopment Cooperation Law, the City Council of the City of Philadelphia must approve the appointment of RDA as DGS’ agent before the RDA may act as DGS’ agent; and
WHEREAS, The City of Philadelphia shall expend no City funds for the acquisition of the Properties or otherwise under the Agreement of Agency Designation; and
WHEREAS, No debt or liability shall be incurred by or on behalf of the City of Philadelphia nor shall the credit of the City of Philadelphia be pledged in any way with respect to the Agreement of Agency Designation; and
WHEREAS, The Commonwealth shall bear all of the costs and expenses incurred by the RDA which are attributable or allocable to the RDA’s activities under the terms of the Agreement of Agency Designation; now therefore
RESOLVED, BY THE COUNCIL OF THE CITY OF PHILADELPHIA, That an Agreement of Agency Designation pursuant to the Urban Redevelopment Cooperation Law between the Commonwealth of Pennsylvania, acting by and through the Pennsylvania Department of General Services, and the Redevelopment Authority of the City of Philadelphia for the purpose of acquiring land, in the name of the Commonwealth of Pennsylvania, as part of the expansion of the Pennsylvania Convention Center, in form and content acceptable to the Commonwealth of Pennsylvania and the Redevelopment Authority of the City of Philadelphia is hereby approved; provided however that the Agreement provide that no debt or liability shall be incurred by or on behalf of the City of Philadelphia nor the credit of the City of Philadelphia be pledged in any way with respect to the Agreement of Agency Designation and that the Commonwealth shall bear all of the costs and expenses incurred under the terms of the Agreement of Agency Designation.
FURTHER RESOLVED, That the execution of the Agreement of Agency Designation by the Redevelopment Authority shall be subject to the review of the Agreement by the City Solicitor to insure that the Agreement is in furtherance of the purposes of this Resolution.
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