Title
An Ordinance of the County of Allegheny authorizing the County to enter into a cooperation agreement with the City of Pittsburgh, School District of Pittsburgh and Pittsburgh Water and Sewer Authority pursuant to the Pennsylvania Intergovernmental Cooperation Act for the purpose of jointly cooperating in the collection of Delinquent Taxes.
Body
Whereas, the General Local Government Code, 53 P.S. § 2301 et. seq. (hereinafter the “Code”), provides that two or more municipalities may jointly cooperate in the exercise of or performance of their respective governmental functions, powers, or responsibilities, when both bodies pass an ordinance to that effect; and
Whereas, the Code defines "intergovernmental cooperation" as cooperation or agreement in the exercise of any function, power or responsibility or the transfer of any function, power or responsibility with or to one or more other local governments, 53 P.S. § 2304; and
Whereas, Pennsylvania law permits taxing bodies such as the County to utilize third-party agents and collection services in order to streamline and modernize their collection (“Delinquent Collections”) of delinquent and liened tax and municipal claims (“Delinquent Claim(s)”) and to add the charges, expenses, fees and attorney fees (“Costs of Collection”) of Delinquent Collections to the Delinquent Claim balance due; and
Whereas, in May 2004, the County, by and through its Treasurer, deputized a private tax collector (“Special Tax Servicer”) to assist the Treasurer and the County's Special Legal Counsel with Delinquent Collections; and
Whereas, the Delinquent Collections program implemented by the County Treasurer has significantly increased the County's Delinquent Collections, generating in excess of $60 million with NO Costs of Collection paid by the County; and
Whereas, adding the Costs of Collection to each Delinquent Claim reduces the financial burden on taxing bodies by shifting the Costs of Collection from those who pay their municipal obligations on time to those who do not; and
Whereas, the County and the City of Pittsburgh (“City”) have considered government consolidation to achieve more effective and efficient government for the City and County and their respective taxpayers; and
Whereas, the County and the County Treasurer have determined that it is in the best interests of the County and its residents to cooperate with the City, the School District of Pittsburgh (“School District”) and the Pittsburgh Water and Sewer Authority (“PWSA”) (all four entities are collectively referred to herein as the “Municipalities”) in the collection of Delinquent Claims; and
Whereas, consolidation will benefit the Municipalities and taxpayers alike by improving Delinquent Claim collections, reducing costs and expenses of collection, reducing multiple concurrent legal proceedings, consolidating Delinquent Claim records and by providing a single source for Delinquent Claim payments;
Whereas, the County desires to enter into an Intergovernmental Cooperation Agreement (“Agreement”) with the City, School District and PWSA in order to consolidate Delinquent Collections by utilizing the County's Special Tax Servicer and Special Legal Counsel and to take full advantage of those provisions of Pennsylvania law which permit the recovery of the Costs of Collection as part of each Delinquent Claim; and
Whereas, entering into the Agreement will result in no additional cost or expense to the County.
The Council of the County of Allegheny hereby enacts as follows:
Section 1. Incorporation of Preamble.
The provisions set forth in the Preamble to this Ordinance are incorporated by reference in their entirety herein as findings of fact made by County Council.
Section 2. Cooperation Agreement Authorized.
The County, by and through its Treasurer, is hereby authorized to enter into an Agreement with the City, School District and PWSA to jointly cooperate in the collection of Delinquent Taxes. The Agreement shall be substantially in the form attached hereto and marked as Exhibit “A”, including any changes agreed to by the County through its Treasurer and by the City, School District and PWSA.
Section 3. Duration of Cooperation Agreement.
The Agreement shall continue until terminated by the County, City, School District and PWSA.
Section 4. Purpose and Objectives.
The Agreement shall be for the purposes and objectives set forth therein.
Section 5. Effective Date.
This Ordinance shall enter into effect on the date of its enactment.
Section 6. Severability. 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.
Section 7. Repealer. Any Resolution or Ordinance or part thereof conflicting with the provisions of this Ordinance is hereby repealed so far as the same affects this Ordinance.