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ORDINANCE AMENDING THE PITTSBURGH CITY CODE PURSUANT TO ORDINANCE NO. 10 OF 2004, ENACTED BY CITY COUNCIL ON JUNE 29, 2004, ADOPTING THE ACT 47 FINANCIAL RECOVERY PLAN FOR THE CITY OF PITTSBURGH DATED JUNE 11, 2004, PURSUANT TO THE MUNICIPALITIES FINANCIAL RECOVERY ACT, ACT OF JULY 10, 1987, P.L. 246, NO. 47., SECTION 101 et seq., AS AMENDED, 53 P.S. SECTION 11701.11 et seq.
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Whereas, on November 7, 2003, the City filed an application to be declared a distressed municipality pursuant to the authority of the Municipalities Financial Recovery Act, Act of July 10, 1987, P.L. 246, No. 47, Section 101 et seq., as amended, 53 P.S. 11701.11 et seq. ("Act 47").
Whereas, the Secretary of the Commonwealth's Department of Community and Economic Development, pursuant to Act 47 of 1987, declared Pittsburgh a distressed municipality; and,
Whereas, Secretary Yablonsky appointed a joint team of Eckert Seamans Cherin & Mellott, LLC, and Public Financial Management (jointly referred to hereinafter as "the Act 47 Coordinator") to oversee the City's economic recovery; and
Whereas, on June 29, 2004, City Council enacted Ordinance 10 of 2004 adopting the Act 47 Recovery Plan (the "Plan") proposed by the Coordinator; and
Whereas, the Recovery Plan requires that the City shall enact such new ordinances and shall adopt such new resolutions and other official actions, and repeal, amend or interpret such current ordinances, resolutions or other official actions, and take all other actions required, to accomplish the initiatives set forth in the Recovery Plan; and
Whereas, the City reduced to 52, from 83, its complement of take-home vehicles, pursuant to the Plan; and
Whereas, the Plan requires the City to have reduced from 52 to 29 the number of vehicles in its take-home fleet; and,
Whereas, the City has inflated its take-home fleet to 61 vehicles, completely ignoring the Plan's requirements; and,
Whereas, this proposed legislation is consistent, verbatim, with the Plan's requirements, at page 120;
Be it resolved that the Council of the City of Pittsburgh hereby enacts as follows:
Section 1. The Pittsburgh Code, Title One: Administrative, Article VII - Procedures, is hereby supplemented by adding Chapter 166, as follows:
TITLE ONE - ADMINISTRATIVE
ARTICLE VII - PROCEDURES
CHAPTER 166 - CITY-OWNED VEHICLES
The City shall immediately reduce its complement of take-home vehicles to twenty-nine (29).
No City employee shall be assigned a City-owned vehicle for the purposes of commuting back and forth to work except employees who:
1. Are called out at least twelve (12) times per quarter or forty-eight (48) times per year to respond to emergencies for which they are primarily responsible and that require immediate attention to protect against imminent harm to life or property;
2. Cannot use alternative means of transportation (e.g., personal vehicles, mass transportation, taxis, or other forms of alternative transportation, etc.) to respond to such emergencies;
3. Cannot pick up a City-owned vehicle at a designated site without a negative impact on their ability to respond to emergencies requiring immediate response to protect life or property.
Any increase in this number of take-home vehicles shall be at the discretion of the Act 47 Coordinator upon satisfactory justification.
Section 2. Upon passage, this ordinance shall take effect in sixty (60) days.