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An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, amending and supplementing the Allegheny County Code of Ordinances, Article 801 of Division 1, entitled "Comprehensive Fiscal Plan," in order to establish a mechanism for the enactment of a continuing spending resolution in the event that a balanced budget cannot be passed more than 25 days from the end of the current fiscal year.
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WHEREAS, continuing spending resolutions are employed as a means of continuing to provide governmental services in the absence of a balanced budget passed before the applicable deadline by the federal government, as well as by the various states and local governments and authorities, including the Commonwealth of Pennsylvania and the units of government and authorities therein; and
WHEREAS, Allegheny County is vested with all powers not expressly denied by the Charter itself or other applicable statute; and
WHEREAS, it does not appear that the ability to pass continuing spending resolutions is expressly conferred upon or denied to the County by the Charter or applicable statutes; and
WHEREAS, the Administrative Code of Allegheny County is silent with regard to the ability of the County to operate pursuant to a continuing spending resolution; and
WHEREAS, it is the desire of Council to clearly define the County's power with regard to continuing spending resolutions;
The Council of the County of Allegheny hereby enacts as follows:
SECTION 1.
The Allegheny County Code of Ordinances, Article 801 of Division 1, entitled "Comprehensive Fiscal Plan," §5-801.06 is hereby amended and supplemented as follows:
§5-801.06. Adoption of budgets.
A. Upon completion of the public hearings required in § 801.05 of this Administrative Code, but no later than 25 days before the end of the current fiscal year, County Council shall adopt, by resolution, balanced annual operating, capital, grants and special revenues, and agency fund budgets for the next fiscal year. Before adoption of the budgets, County Council may add, delete, increase or decrease any appropriation item contained therein. Adoption of the annual operating budget shall constitute the appropriation of the amounts specified as expenditures from the funds indicated.
B. Prior to the adoption of the annual operating and capital budgets, County Council shall fix such rates of taxation upon the valuation of the real property taxable for County purposes that, together with all other estimated revenue, shall raise a sufficient sum to meet the expenditures contained in the annual operating budget. The County Council shall fix the rate of property taxation in such amounts and in such a manner as provided in Article 809 of this Article.
C. If the annual operating and capital budgets are not adopted at least twenty-five (25) days prior to the end of the current fiscal year, the County Council and Chief Executive may authorize a continuing spending resolution which shall authorize monthly expenditures not exceeding one twelfth of total expenditures recorded for the fiscal year just completed. Such resolutions shall have the effect of permitting the continued operations of County government, but may not operate for longer than thirty (30) days. If annual operating and capital budgets are not adopted by February 1, the budget adopted for the preceding fiscal year shall remain in effect until December 31 of the same year, with all expenditures and revenues remaining the same.
SECTION 2.
If any provision of this Ordinance shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Ordinance which shall be in full force and effect.