TITLE
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 Pennsylvania Intergovernmental Cooperation Act, Pa. Cons. Stat. Ann. tit. 53, §2301 et seq. (1997), hereinafter “the Act,” authorizes two or more municipalities to jointly cooperate in the exercise and performance of their respective governmental functions, powers or responsibilities; and
Whereas, Section 105.03 of the County's Administrative Code generally authorizes the County to exercise any of its powers or to perform any of its functions on a cooperative basis with the United States Government or any of its agencies, the Commonwealth of Pennsylvania or any of its units or agencies, and with any municipality, authority or any local or regional agency or intergovernmental agency or council; and
Whereas, the County and the City of Pittsburgh, hereinafter “the City,” acting under the Act, have entered into prior intergovernmental cooperation agreements under which the County and the City have jointly cooperated in the performance and exercise of certain governmental functions; and
Whereas, the County passed Ordinance No. 32125, that authorized the County to enter into cooperation agreements with the City to jointly cooperate in the performance of governmental functions in the areas of, but not limited to, Public Works, Economic Development, Administrative/Financial. Public Safety, and Information Planning Systems and Purchasing; and
Whereas, County Council repealed, over the Chief Executive's Veto, Ordinance No. 32125 and, as a result, the County cannot presently enter into any intergovernmental cooperation agreements with the City;
Whereas, the County and the City are desirous of entering into new intergovernmental cooperation agreements as authorized under Ordinance No. 32125, which County Council repealed, and as identified by the City's Act 47 Coordinator in its various reports; and
Whereas, Section 2205 of the Act only permits municipalities to enter into intergovernmental cooperation agreements to jointly carry out their respective governmental functions upon the passage of an ordinance authorizing such agreements.
The Council of the County of Allegheny hereby enacts as follows:
Section 1. AUTHORIZATION OF COOPERATION AGREEMENT WITH THE CITY OF PITTSBURGH
Acting pursuant to Section 2205 of the Pennsylvania Intergovernmental Cooperation Act and Section 105.03 of the County's Administrative Code, the County hereby is authorized to enter into an intergovernmental cooperation agreements with the City of Pittsburgh in the areas of, but not limited to, Public Works, Economic Development, Administrative/Financial. Public Safety, and Information Planning Systems and Purchasing and in the areas identified by the City's Act 47 Coordinator.
Section 2. DURATION OF COUNTY/CITY COOPERATION AGREEMENTS
The term of any County/City Cooperation Agreements shall begin on the date of execution and shall end thirty (30) days after the receipt of written notice from either the County or the City to terminate the Agreement.
Section 3. PURPOSES AND OBJECTIVES OF THE COUNTY/CITY COOPERATION AGREEMENTS
The County/City Cooperation Agreement shall be for the purposes and objectives set forth in those Agreements. Nothing in this Ordinance shall be construed or interpreted in any way as eliminating or terminating any prior County/City arrangements.
Section 4. STRUCTURE AND FINANCING OF THE COUNTY/CITY COOPERATION AGREEMENTS
The County/City cooperation agreements shall be carried out by the County's appropriate department, as designated by the County Manager. Unless otherwise specified in any particular cooperation agreement, the County and the City each shall bear its own costs and expenses in the carrying out of the terms of the Agreement.
Section 5. REAL AND PERSONAL PROPERTY
Any and all real or personal property acquired under the County/City Cooperation Agreements shall be managed, licensed and disposed of by the City and the County in accordance with the Home Rule Charter and ordinances governing the operation of the respective governments.
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.
Enacted in Council, this _________day of ____________________, 2004