Title
(Ordinance) Resolution petitioning the Secretary of the Pennsylvania Department of Community and Economic Development ("DCED") to make a determination that the conditions which led to the earlier determination of municipal financial distress municipality are no longer applicable and to terminate the City of Pittsburgh's distressed status pursuant to Section 253 of the Municipalities Financial Recovery Act ("Act 47"), Act of July 10, 1987, No. 47, 53 P.S. 11701.253.
Body
WHEREAS, on November 7, 2003, the City filed an application to be declared a distressed municipality pursuant to the authority of Act 47;
WHEREAS, on December 29, 2003, the Secretary of the Commonwealth's Department of Economic Development (the "Secretary"), Dennis Yablonsky, declared the City to be a distressed municipality;
WHEREAS, the Secretary of the DCED appointed a coordinator (the "Act 47 Coordinator") who, in due course, prepared a financial plan (the "Act 47 Plan") which was duly adopted by the City by Ordinance enacted June 29, 2004 and approved by the Mayor on June 30, 2004 (Ordinance No. 10 of 2004);
WHEREAS, in order to create a second entity to oversee the finances of the City of Pittsburgh (the "ICA"), the Pennsylvania General Assembly enacted the Intergovernmental Cooperation Authority Act for Cities of the Second Class, 53 P.S. § 28101 et seq. ("Act 11") during 2004;
WHEREAS, During 2004 pursuant to Act 11, 53 P.S. § 28209(a), the ICA adopted a five (5) fiscal responsibility plan to which the City complied;
WHEREAS, the City has complied with both the Act 47 and ICA financial plans, as amended.
WHEREAS, the City finds through experience that the ability to govern itself is severely frustrated economically and practically by the existence of two (2) oversight boards;
WHEREAS, the City has entered into contracts and/or collective bargaining agreements with the unions who represent the City's employees pursuant to the financial plans, as amended, of Act 47 and the ICA;
WHEREAS, the conditions which led to the earlier determination of municipal financial distress municipality are no longer applicable, and therefore, the City of Pittsburgh's distressed status must be terminated;
WHEREAS, the City believes that it is the best financial and public safety interest of the City to terminate its status as a distressed municipality pursuant to Act 47;
The Council of the City of Pittsburgh hereby enacts as follows:
Section 1. The City petitions the Secretary of the Pennsylvania Department of Community and Economic Development ("DCED") to make a determination that the conditions which led to the earlier determination of municipal financial distress are no longer applicable and to terminate the City of Pittsburgh's distressed status pursuant to Section 253 of the Municipalities Financial Recovery Act ("Act 47"), Act of July 10, 1987, No. 47 53 P.S. 11701.253