TITLE
Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, rescinding Ordinance No. 32125, enacted March 31, 1994, entitled "An Ordinance of the County of Allegheny authorizing the County to enter into cooperation agreements with the City of Pittsburgh under the Pennsylvania Intergovernmental Cooperation Act for the purpose of jointly cooperating in the performance and exercise of certain governmental functions."
BODY
WHEREAS, the Intergovernmental Cooperation Act, 53 P.S. § 2301 et seq. 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, Ordinance No. 32125 of the County of Allegheny, approved by the Board of Commissioners on March 31, 1994, authorizes cooperation agreements between the City and County to jointly cooperate in the performance of governmental functions in six specific areas; and
WHEREAS, the Allegheny County Home Rule Charter provided that the Office of County Commissioner be abolished upon the swearing in of the County Council Members and the Chief Executive, and further, provided that the legislative power of the County shall be vested in the County Council; and
WHEREAS, Ordinance No. 32125 also provides that each specific cooperating agreement shall be approved by the Board of Commissioners, without indication as to whether such function is legislative or executive in nature; and
WHEREAS, it is appropriate that County Council, created to represent the diversity of the County's citizens and to provide better access to County government, and vested with the budgetary authority of the County, consider specific cooperating agreements and authorize entering into such agreements as part of its legislative function.
The Council of the County of Allegheny hereby enacts as follows:
SECTION 1.
Ordinance No. 32125 enacted March 31, 1994, entitled "An Ordinance of the County of Allegheny authorizing the County to enter into cooperation agreements with the City of Pittsburgh under the Pennsylvania Intergovernmental Cooperation Act for the purpose of jointly cooperating in the performance and exercise of certain governmental functions," is hereby rescinded.
SECTION 2.
Intergovernmental Cooperation Agreements executed under the authority of Ordinance No. 32125 shall remain in effect pursuant to the terms of the specific agreement. Intergovernmental Cooperation Agreements not yet executed shall require legislative action by County Council pursuant to the Intergovernmental Cooperation Act, 53 P.S. § 2301 et seq.
SECTION 3. 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 4. 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.
I do hereby certify that the foregoing Ordinance which was vetoed by the Chief Executive on July 23, 2004 was overridden by a two-thirds vote of said Council this 17th day of August, 2004.
_____________________________
John Mascio
Chief Clerk of Council