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An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, amending the Allegheny County Code of Ordinances, Division 1, Part 11, entitled “Agenda Initiative and Voter Referendum,” by deleting §5-1101.02.B(2) of the Administrative Code of Allegheny County in order to remove the statutory authorization for Council-originated Code amendment referenda contained therein.
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WHEREAS, Allegheny County adopted a Home Rule Charter, which provides the voters of the County the power to propose ordinances by petition for consideration by the registered voters of Allegheny County; and
WHEREAS, the Allegheny County Administrative Code establishes the procedures for such voter referendum petitions; and
WHEREAS, on July 21, 2008, the Chief Executive signed Ordinance Number 23-08, which had been approved by Council on July 15, and which created §5-1101.02.B(2) of the Administrative Code in order to authorize the County to propose ordinances for consideration by the County's voters; and
WHEREAS, because the Home Rule Charter is silent with regard to the permissibility of ordinances placed for referendum by the County itself, and because Council has the authority to amend or supplement the County's statutory law directly, without resorting to referenda, and in light of allegations that have been made that the placement of ordinances for referendum by Council runs contrary to the letter and/or spirit of the Charter, it is now the belief of Council that the statutory authorization contained within Ordinance Number 23-08 was improvidently passed; and
WHEREAS, it is therefore the desire of Council to repeal the provisions of Ordinance Number 23-08;
The Council of the County of Allegheny hereby enacts as follows:
SECTION 1. Administrative Code Amendment.
Article 1101, §5-1101.02(B) of the Administrative Code of Allegheny County is hereby amended as follows:
§5-1101.02. General Authority.
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B. Voter referendum.
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