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                                                      PRINTER'S NO. 4712

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2995 Session of 2004


        INTRODUCED BY TURZAI, MUSTIO AND T. STEVENSON, NOVEMBER 15, 2004

        REFERRED TO COMMITTEE ON FINANCE, NOVEMBER 15, 2004

                                     AN ACT

     1  Amending the act of February 12, 2004 (P.L.73, No.11), entitled
     2     "An act providing for intergovernmental cooperation in cities
     3     of the second class; establishing an intergovernmental
     4     authority; providing for financing, for bankruptcy and for
     5     sovereign immunity; and making an appropriation," further
     6     providing for limit on city borrowing; providing for
     7     applicability of other law; and making an appropriation.

     8     The General Assembly of the Commonwealth of Pennsylvania
     9  hereby enacts as follows:
    10     Section 1.  Section 208 of the act of February 12, 2004
    11  (P.L.73, No.11), known as the Intergovernmental Cooperation
    12  Authority Act for Cities of the Second Class, is amended to
    13  read:
    14  Section 208.  Limit on city borrowing.
    15     A city and its corporate entities may not borrow [or],
    16  receive or expend funds for any lawful purpose unless [the city
    17  has entered into an intergovernmental cooperation agreement with
    18  the authority and there is an approved financial plan in
    19  effect.] all of the following requirements are met:
    20         (1)  The city has entered into an intergovernmental


     1     cooperation agreement with the authority and there is an
     2     approved financial plan in effect.
     3         (2)  Subject to the approval of the authority, the city
     4     has entered into a contract with a third party which provides
     5     for the privatization of refuse collection.
     6         (3)  Subject to the approval of the authority, the city
     7     has entered into a contract with a third party which provides
     8     for the privatization of the functions of emergency medical
     9     services or the merger of such services with emergency
    10     medical services provided by a county of the second class.
    11         (4)  Subject to the approval of the authority, the city
    12     has entered into a contract with a third party which provides
    13     for the privatization of fleet maintenance for all city
    14     vehicles.
    15         (5)  Subject to the approval of the authority, the city
    16     has entered into a contract with a third party which provides
    17     for the privatization of park landscaping operations.
    18         (6)  Subject to the approval of the authority, the city
    19     has entered into a contract with a third party which provides
    20     for the privatization of street paving operations.
    21         (7)  Subject to the approval of the authority, the city
    22     has entered into a contract with a third party which provides
    23     for the privatization of towing pound operations.
    24         (8)  Subject to the approval of the authority, the city
    25     has submitted a financial plan to the authority within 180
    26     days of the effective date of this paragraph outlining a
    27     reduction of $15,000,000 in costs by the end of fiscal year
    28     2006 for the bureau of fire, including operating costs, debt
    29     service, facilities, miscellaneous services, utilities,
    30     fringe benefits and pension costs.
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     1         (9)  Subject to the approval of the authority, the city
     2     and its corporate entities have submitted a financial plan to
     3     the authority within 180 days of the effective date of this
     4     paragraph to render defeasible by the end of fiscal year 2008
     5     all bonds financed by funding directly or indirectly received
     6     from taxes levied under the authorization of Article XXXI-B
     7     of the act of July 28, 1953 (P.L.723, No.230), known as the
     8     Second Class County Code, in order that such moneys shall be
     9     deposited into the city's general fund.
    10     Section 2.  The act is amended by adding a section to read:
    11  Section 702.1.  Applicability of Municipalities Financial
    12                 Recovery Act.
    13     An assisted city and its corporate entities are not subject
    14  to the act of July 10, 1987 (P.L.246, No.47), known as the
    15  Municipalities Financial Recovery Act.
    16     Section 3.  The sum of $1,500,000 is hereby appropriated to
    17  the Intergovernmental Cooperation Authority for Cities of the
    18  Second Class for the fiscal year July 1, 2004, to June 30, 2005,
    19  to carry out the provisions of the act.
    20     Section 4.  This act shall take effect in 120 days.







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