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An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, to amend the Code of the County of Allegheny, Division 1, entitled "Administrative Code," Section 5-205.01, entitled "Authorities, Boards and Commissions Operating Within Allegheny County," to clarify the applicability of audit requirements to certain municipal authorities.
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WHEREAS, Allegheny County Council passed Ordinance No. 2722-06 on October 10, 2006; and
WHEREAS, Ordinance No. 2722-06 subsequently passed into law as Ordinance 26-06; and
WHEREAS, Ordinance 26-06 created audit requirements for various boards, authorities, and commissions operating within Allegheny County; and
WHEREAS, although the express intent of the Council was for these requirements to apply only to those authorities which receive funding from and which were created in whole or in part by Allegheny County, this language does not appear within the text of the new §5-205.01of the Administrative Code; and
WHEREAS, in order to avoid any possibility of confusion, Council desires to clarify §5-205.01 of the Administrative Code to explicitly include language delineating which authorities, boards, and commissions are intended to fall within that section's purview;
The Council of the County of Allegheny hereby enacts as follows:
SECTION 1.
Article 205 of Division 1 of the Code of Allegheny County is hereby amended as follows:
§5-205.01. Authorities, Boards and Commissions Operating Within Allegheny County.
A. All entities having the word "authority," "board," or "commission" in their title and meeting the following conditions shall be deemed to be subject to the terms of this article:
1. The entity was formed in whole or in part by Allegheny County under the provisions of the Municipality Authorities Act (56 P.S. §5601 et. seq.) or any other enabling legislation; and
2. The entity conducts its activities in whole or in part within Allegheny County; and
3. The entity is funded, in whole or in part, by public funds received through or appropriated by Allegheny County; and
4. The entity is defined as a body politic and corporate or as a quasi- governmental entity by either any statute(s) under which it was created or applicable case law; and
4. The entity is not enumerated in §5-203.01 of this Administrative Code.
B. Entities meeting the criteria established in Section A shall be deemed exempt from the provisions of this Article only to the extent that such exemption is specifically provided for by applicable federal or state law.
SECTION 4. 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 Resolution which shall be in full force and effect.