§ 42203. Powers and duties
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 53 P.S. Municipal and Quasi-Municipal CorporationsEffective: October 24, 2018
Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 53 P.S. Municipal and Quasi-Municipal Corporations
Part V. Cities of the Third Class (Refs & Annos)
Chapter 85. Intergovernmental Cooperation Authorities Act for Cities of the Third Class
Chapter 2. Intergovernmental Cooperation Authorities for Cities of the Third Class
Effective: October 24, 2018
53 P.S. § 42203
§ 42203. Powers and duties
(4) To prepare an annual report within 120 days after the close of the assisted city's fiscal year to the Governor and the General Assembly describing the assisted city's financial condition and the authority's progress with respect to restoring the financial stability of the assisted city and achieving balanced budgets for the assisted city. An annual report shall be signed by the chairperson of the board and shall:
(i) Be submitted to the Governor, the presiding officers of the Senate and the House of Representatives, the chairperson and minority chairperson of the Appropriations Committee of the Senate and the chairperson and minority chairperson of the Appropriations Committee of the House of Representatives and the governing body, chief fiscal officer and controller of the assisted city. The report shall be publicly available in the assisted city during normal business hours for public inspection, shall be posted on the authority's publicly accessible Internet website and may be provided to a member of the public upon request at a cost not to exceed commercial costs of reproduction.
(ii) Clearly show by consistent category the last five years of operating revenues and expenditures, capital expenditures, gross and net indebtedness transactions, including a schedule of principal and interest, five-year projections of the assisted city's operating and capital budgets and the entire projected indebtedness transactions, including a schedule of principal and interest of the indebtedness until any and all debt has been completely retired.
(iii) Contain a narrative explaining progress of the assisted city in meeting its annual and five-year budgetary objectives, an appraisal by the authority of the progress the assisted city is making to achieve its goals and an appraisal of the extent to which the assisted city is making a good faith effort to achieve its goals.
(iii) The authority's annual budget adopted under section 206.1
(iv) Annual reports and audits required under section 207.2
(6) To adopt and publish a records retention policy that is consistent with the records retention policy of the Office of Administration as published in Manual 210.9, The Commonwealth's General Records Retention and Disposition Schedule, adopted September 5, 2018. The policy shall be updated annually to remain consistent with the policy of the Office of Administration.
(5) To make recommendations to the Governor and the General Assembly regarding legislation or resolutions that relate to the assisted city's fiscal stability. The authority shall submit a preliminary report of the recommendations to the Governor and the General Assembly within 180 days of the initial organizational meeting of the board in section 202(c).3 The report shall include, but not be limited to, recommendations as to whether or not an assisted city needs additional revenues, the best sources of those revenues and ways for the assisted city to reduce expenditures. Any recommendations for new revenue, if warranted, shall state whether the revenues should be earmarked for specific expenditures, including, but not limited to, prepayment of debt and whether the revenues should be subject to expiration provisions.
(10) To make bylaws for the management and regulation of the authority's affairs and adopt rules, regulations and policies in connection with the performance of the authority's functions and duties that, notwithstanding any other provision of law to the contrary, shall not be subject to review under the act of June 25, 1982 (P.L. 633, No. 181),4 known as the Regulatory Review Act.
(13) To retain counsel and auditors to render professional services as the authority deems appropriate. The authority shall not be considered either an executive agency or an independent agency for the purpose of the act of October 15, 1980 (P.L. 950, No. 164),5 known as the Commonwealth Attorneys Act, but shall possess the same status for that purpose as the Auditor General, State Treasurer and the Pennsylvania Public Utility Commission, except that the provisions of section 204(b) and (f) of the Commonwealth Attorneys Act shall not apply to the authority. Notwithstanding 42 Pa.C.S. Ch. 85 (relating to matters affecting government units), the authority shall defend actions brought against the authority or its members, officers, officials and employees when acting within the scope of their official duties.
(15) To acquire, by gift or otherwise, purchase, hold, receive, lease, sublease and use any franchise, license or property, real, personal or mixed, tangible or intangible, or any interest therein. The authority shall be absolutely limited in its power to acquire real property under this act to real property that will be used only for the office space in which the authority will conduct its daily business if necessary. If possible, the assisted city shall provide office space to the authority at no cost to the authority as part of an intergovernmental cooperation agreement.
(18) To accept, purchase or borrow equipment, supplies, services or other things necessary or convenient to the work of the authority from other government agencies. All government agencies are authorized to sell, lend or grant to the authority equipment, supplies, services or other things necessary or convenient to the work of the authority.
(19) To invest any funds held by the authority as provided in section 211.6
(2) An assisted city may enter into an intergovernmental cooperation agreement in which the city, consistent with this act, covenants to cooperate or agree in the exercise of any function, power or responsibility with, or delegate or transfer any function, power or responsibility to, the authority upon the adoption by the governing body of the city of an ordinance authorizing and approving the intergovernmental cooperation agreement.
Credits
2018, Oct. 24, P.L. 751, No. 124, § 203, imd. effective.
Footnotes
53 P.S. § 42206.
53 P.S. § 42207.
53 P.S. § 42202.
71 P.S. § 745.1 et seq.
71 P.S. § 732-101 et seq.
53 P.S. § 42211.
53 P.S. § 42203, PA ST 53 P.S. § 42203
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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