Title
A Resolution of the County of Allegheny, Commonwealth of Pennsylvania, authorizing the acceptance of 911 subscriber and consumer fees from the newly created 911 Fund for the provision of 911 services in the County as provided by the Act of June 29, 2015 (P.L.36, No. 12).
Body
WHEREAS, Chapter 53 of Title 35 of the Pennsylvania Consolidated Statutes, provides for the establishment, administration, and funding of 911 systems in the Commonwealth (hereinafter generally referred to as “the Pennsylvania Emergency Telephone Service Law”); and
WHEREAS, the Pennsylvania General Assembly, through the enactment of the Act of June 29, 2015 (P.L.36, No. 12), amended the Pennsylvania Emergency Telephone Service Law to include a new Section 5306.1 (hereinafter “35 Pa.C.S.A. §5306.1”) to provide for the establishment in the State Treasury of a non-lapsing, restricted interest-bearing account to be known as the 911 Fund consisting of fees and consumer charges collected by providers of 911 communications services and sellers of prepaid wireless telecommunications service; and
WHEREAS, in order to be eligible to receive funds from the 911 Fund, subsection (h) of 35 Pa.C.S.A. §5306.1 requires the governing body of each county to adopt a resolution authorizing acceptance of the funds; and
WHEREAS, the County Council of Allegheny County, in consultation with the County’s Chief Executive, is of the considered opinion that Allegheny County’s acceptance of funds from the 911 Fund and the use of those funds for the purposes set forth in subsection (c) of 35 Pa.C.S.A. §5306.1 is in the best interests of the citizens of Allegheny County; and
WHEREAS, as required by 35 Pa.C.S.A §5306.1(h), public notice of Allegheny County Council’s intention to enact this Resolution to authorize acceptance of funds from the 911 Fund has been given by advertisement in a newspaper of general circulation within the County and by posting the proposed Resolution in a conspicuous place in the County Courthouse and on the Internet at an appropriate County-controlled Web site.
NOW, THEREFORE, THE COUNCIL OF THE COUNTY OF ALLEGHENY HEREBY RESOLVES AS FOLLOWS:
SECTION 1. - Finding; Authorization to Accept Funds from the 911 Fund.
A. The County Council of Allegheny County hereby finds that Allegheny County’s acceptance of funds from the 911 Fund, as authorized by subsection (h) of 35 Pa.C.S.A. §5306.1 of the Pennsylvania Emergency Telephone Service Law, as amended by the Act of June 29, 2015 (P.L.36, No. 12), is in the best interests of the citizens of Allegheny County.
B. Based upon the finding in Paragraph A above, the County Council of Allegheny County hereby authorizes Allegheny County to accept funds from the 911 Fund established pursuant to 35 Pa.C.S.A. §5306.1.
SECTION 2. - Use of Funds from the 911 Fund.
The funds received by Allegheny County from the 911 Fund pursuant to this Resolution shall be used by Allegheny County for the provision of 911 services in the County, as set forth in the Pennsylvania Emergency Telephone Service Law, as amended by the Act of June 29, 2015 (P.L.36, No. 12).
SECTION 3. - Effective Date; Notification to the Pennsylvania Emergency Management Agency.
A. This Resolution shall enter into effect immediately and shall remain in effect until this Resolution is repealed by County Council
B. Upon approval, the County Council of Allegheny County hereby directs the Council’s Clerk Council to provide notification of the enactment of this Resolution to the Pennsylvania Emergency Management Agency (“PEMA”) as required by 35 Pa.C.S.A. §5306.1(h) and to provide copies of the PEMA notification to the County Manager.
SECTION 4. - Severability.
If any provision of this Resolution shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Resolution which shall be in full force and effect.
SECTION 5. Repealer.
Any Resolution or Ordinance or part thereof conflicting with the provisions of this Resolution is hereby repealed in so far as it affects this Resolution.