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File #: 2002-0142    Version:
Type: Resolution Status: Passed Finally
File created: 2/12/2002 In control: Committee on Finance & Budget
On agenda: Final action: 2/28/2002
Enactment date: 2/19/2002 Enactment #: 114
Effective date:    
Title: Resolution making certain findings with regard to Allegheny County's non-compliance with of the laws of Pennsylvania in its performance of property assessments and, authorizing the City Solicitor or, in the alternative, appointment of Special Counsel by City Council, to file the appropriate legal action in the Court of Common Pleas challenging the validity of Allegheny County's 2002 Property Assessments.
Sponsors: Bob O'Connor, William Peduto, Jim Ferlo, Alan Hertzberg, Barbara Burns
Indexes: PROPERTY TAX ASSESSMENT
Presenter
Presented by Mr. Udin

AS AMENDED

Title
Resolution making certain findings with regard to Allegheny County's non-compliance with of the laws of Pennsylvania in its performance of property assessments and, authorizing the City Solicitor or, in the alternative, appointment of Special Counsel by City Council, to file the appropriate legal action in the Court of Common Pleas challenging the validity of Allegheny County's 2002 Property Assessments.
Body
WHEREAS, the Commonwealth of Pennsylvania has enacted the General County Assessment Law (72 P.S. § 5020 et. seq.) which is applicable to all classes of counties. Should there be a conflict between the General County Assessment Law, the specific class of County Assessment Law shall apply, and;

WHEREAS, in Allegheny County is a county of the second class and the applicable Commonwealth's County Assessment Law is found at 72 P.S. § 5452.1 et. seq.; and,

WHEREAS, the County of Allegheny's Administrative Code at § 209.10 states: Unless otherwise modified by this Administrative Code, all provisions relating or governing tax assessments set forth in the Second Class County Assessment Law, 72 P.S. § 5452.1 et seq., and the General County Assessment law, 72 P.S. § 5020 -101 et seq., and all other applicable Law shall remain in full force and effect; and,

WHEREAS, it is the considered opinion of the Council of the City of Pittsburgh that the County, in arriving at its 2002 Property Assessment, did so in violation of the Commonwealth's governing statutes.

Be it resolevd that the Council of the City of Pittsburgh hereby enacts as follows:

Section 1.

INTENT
It is the intent of Council to legally challenge the County of Allegheny's imposition of year 2002 property assessments in the Court of the Common Pleas of Allegheny County.

FINDINGS of COUNCIL
Judge Wettick, in his Opinion and Order of February 8, 2002, ruled on the narrow question as to whether or not the Allegheny Count...

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