An Ordinance establishing an Allegheny County Sunny Day Fund and providing for the administration of revenues placed into such fund.
WHEREAS, Allegheny County, along with many other counties throughout the country have experienced problems with involuntary unemployment which negatively impacts the economy, government services through lack of tax revenue and the citizens in need of income; and
WHEREAS, it is in the interest of the County and its citizens to foster the health, safety, morals, opportunity for gainful employment, and general welfare of the people to promote the development of large industrial, manufacturing, or research and development enterprises; and
WHEREAS, the promotion of the development of business within the County of Allegheny for the purposes of providing additional jobs would be fostered by a county fund reflective of the "Sunny Day Fund" established by the General Assembly; and
WHEREAS, the Council of Allegheny County is of the belief that the creation of such a fund will inure to the benefit of the citizens of the County, and it is the desire of the Council to create such a fund through any future revenues derived from natural gas or other resource leasing or extraction activities as well as revenues derived from advertising and corporate naming rights;
The Council of the County of Allegheny hereby enacts as follows:
Section 1. Incorporation of Preamble.
The provisions set forth in the preamble to this Ordinance are incorporated by reference in their entirety herein.
Section 2. Establishment and Operation of Allegheny County "Sunny Day" Special Reserve Fund.
Allegheny County hereby establishes a fund, to be known as the "Allegheny County Sunny Day Fund (hereinafter "Fund" or "the Fund"). The Fund shall consist of those specific accounts and investments as are identified for the purpose of this Ordinance. The Fund shall not be co-mingled with any other funds of the County or any other entity, shall remain in place continuously and in perpetuity, regardless of fund balance, and shall be operated and administered as follows:
A. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Fund." The Sunny Day Fund created by this chapter.
"Industrial Enterprise." An enterprise other than a mercantile, commercial or retail enterprise which, by virtue of its size, requires substantial capital and which, by its nature, will create substantial employment opportunities.
"Manufacturing Enterprise." An enterprise which is engaged in the giving of new shapes, new qualities, or new combinations to matter by the application of processes which will generate substantial employment.
"Research and Development Enterprise." An enterprise for the discovery of new and the refinement of known substances, processes, products, theories and ideas, which will create substantial employment opportunities.
B. Source of Funds.
There is hereby created a special fund in within the County Operating Budget to be known as the Sunny Day Fund. Moneys to be deposited in the fund shall be appropriated through the revenues received from natural gas or other resource leasing or extraction activities as well as revenues derived from advertising and corporate naming rights and expended as specified in subsection C.
C. Use of Funds.
Moneys in the fund shall be available to the Administration and the Department of Economic Development in their efforts to attract industrial, manufacturing, or research and development enterprises to Allegheny County, upon approval of a resolution by a vote of two-thirds of the members of the County Council. Whenever the Chief Executive determines that money from this fund is necessary to attract a major enterprise to this County, he shall present a request for an appropriation, along with the specifics of the total proposal and such suggested ancillary and substantive legislation as may be necessary, to the County Council. The Council may then appropriate money from the fund in the manner it determines necessary to accomplish the purposes set forth in the Executive's proposal. Any money appropriated according to this section which is then lapsed shall return to the fund.
Section 3. Effective Date.
The provisions of this ordinance shall take effect immediately upon the date of final approval.
Section 4. 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 5. 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.
PRIMARY SPONSOR: COUNCIL MEMBER ROBINSON
CO-SPONSORS: