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File #: 2196-05    Version: 1 Name: An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, providing for the establishment of a Budget Stabilization Reserve Fund within Allegheny County.
Type: Ordinance Status: Expired by Rule
File created: 11/1/2005 In control: Committee on Budget and Finance
On agenda: Final action: 12/31/2005
Title: An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, providing for the establishment of a Budget Stabilization Reserve Fund within Allegheny County.
Sponsors: William Robinson

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An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, providing for the establishment of a Budget Stabilization Reserve Fund within Allegheny County.

 

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                                          WHEREAS, Allegheny County has historically been affected by unpredictable factors arising from national and international events over which the County cannot exercise control; and

 

WHEREAS, these factors on occasion impair the ability of the County to accurately predict its anticipated revenues and/or expenditures; and

 

                                          WHEREAS, overestimates of revenues and underestimates of expenditures can create serious short-term deficits which generate the need for deficiency appropriations and tax increases; and

 

WHEREAS, financing short term deficits created by economic uncertainty in the past has led to tax increases and changes in tax rates and policies which impaired the attractiveness of Allegheny County as a location for job creation and business expansion; and

 

WHEREAS, recurring deficits occurring during economic downturns could damage the creditworthiness of the County and increase the cost of borrowing for essential capital projects; and

 

WHEREAS, the need to cope with problems arising from the effect of economic uncertainty could cause delays in adopting a budget for the County, may cause cutoffs of vital public programs, and could ultimately endanger the stability and reliability of the County's services and programs;

 

The Council of the County of Allegheny hereby enacts as follows:

 

SECTION 1.                     Intent.                     

 

It is hereby declared as the intent of Allegheny County Council to create a stabilization reserve in the amount of 6% of the revenues of the County's General Fund.

 

SECTION 2.  Establishment of Budget Stabilization Reserve Fund.

 

There is established a special fund to be known as the Budget Stabilization Reserve Fund (BSRF), to be administered consistent with the provisions of this Ordinance.

 

SECTION 3.  Certification of County Reserves.

 

                     A.                     Beginning in 2006, the County Controller shall, no later than January 30 of each                                                                year, make a written certification to both the Chief Executive and County Council                                           in which he or she places a value on the County's reserve fund(s) as of the date on                                           which the certification is made, and certifies the amount of any surplus in the                                                                County's General Fund as of December 31 of the preceding year.

 

                     B.                     The provisions of Section 4 of this Ordinance shall only be applicable in years in                                                                which the Controller's certification indicates that the total balance of the County's                                                                reserve fund(s) is equal to or greater than $10 million.

 

SECTION 4.  Funding.

 

                     A.                     Except as may be provided in Section 3 of this Ordinance and in paragraph B of                                                                this section, if the County Controller certifies that there is a surplus in the General                                           Fund for a specific year, 25% of that year's certified surplus amount shall be                                                                deposited into the BSRF within 90 days of the certification.

 

                     B.                     If, at the end of any fiscal year, the ending balance of the BSRF equals or exceeds                                           6% of the actual General Fund revenues received for the fiscal year in which the                                                                surplus occurs, and if the County Controller certifies that there is a surplus in the                                                                General Fund for that                      fiscal year, 10% of that year's certified surplus amount                                                                shall be deposited into the BSRF within 90 days of the certification.

 

                     C.                     County Council may at any time provide additional amounts from any funds                                                                available to the County as an appropriation to the BSRF.

 

SECTION 5.  Disposition of Budget Stabilization Reserve Fund.

 

                     A.                     Funds from the BSRF may only be appropriated when emergencies involving the                                                                health, safety or welfare of the residents of Allegheny County or downturns in the                                           economy resulting in significant unanticipated revenue shortfalls cannot be dealt                                                                with through the normal budget process.

 

                     B.                     Funds from the BSRF shall not be used to begin new programs but to provide for                                                                the continuation of vital public programs in danger of being eliminated or                                                                                     severely reduced due to financial problems resulting from the Economy.

 

                     C.                     Funds from the BSRF shall not be used to fund or offset costs arising from salary                                                                increases granted to any employee in any County agency, any appointee to any                                                                County agency, or any County elected official.

 

SECTION 6.  Appropriations.

 

                     A.                     Whenever the Chief Executive determines that an appropriation from the BSRF is                                           necessary to meet one or more emergencies involving the health, safety or welfare                                           of the residents of Allegheny County or to counterbalance downturns in the                                                                economy which result in significant unanticipated revenue shortfalls, the Chief                                                                Executive shall present a request for an appropriation along with detailed                                                                                     specifics regarding the reasons for and uses to which the appropriation will be                                                                used, together with suggested ancillary and substantive legislation as may be                                                                necessary to the Office of the County Council, through the Chief Clerk.  The                                                                Council may then through approval of an appropriation bill by at least two thirds                                                                of the seated Members appropriate money from the BSRF to meet the needs                                                                identified by the Chief Executive in his or her proposal. 

 

                     B.                     Appropriations made under the provisions of this Ordinance shall automatically                                                                lapse 180 days from the date on which the appropriation bill is signed by the                                                                Chief Executive. 

 

                                          1.                     Subject to the provisions of subparagraph 2, any funds not expended on                                                                                     the date on which the appropriation lapses shall be returned to the BSRF                                                                                     within 10 days of the lapse.

 

                                          2.                     Appropriations may be extended for a maximum of an additional 180 days                                                                by appropriate legislation enacted prior to the lapse date.  Appropriations                                                                                     shall not be extended by any means after the lapse date has passed.

 

SECTION 7. 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 8. 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.