Posted: | January 29, 2013 11:48 AM |
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From: | Senator John N. Wozniak |
To: | All Senate members |
Subject: | Amending the Borough Code to allow for the dissolution of nonviable boroughs |
In the near future I will re-introduce legislation amending the Borough Code to allow for the dissolution of nonviable boroughs. This bill was introduced last session as SB 1330 and was co-sponsored by Senators ALLOWAY, SOLOBAY and FERLO. There are certain non-viable municipalities, in this case Franklin in Cambria County and Braddock in Allegheny County, which have been distressed for so long that the prospects of being relieved of Act 47 status are unrealistic, particularly given a steady reduction in population. Under current law, no mechanism exists for a municipality to dissolve absent a voluntary merger or consolidation with another municipality. This language would provide a mechanism to dissolve “non-viable” boroughs that have suffered significant population reductions and cause their re-integration into the township from which they originated. This would occur via a court proceeding. Petitioning borough residents could present testimony from DCED and others establishing the non-viability of the borough. The court may grant a decree dissolving the borough upon finding that it is nonviable and its reintegration into the township will not seriously damage the financial viability of the township. Townships absorbing non-viable boroughs under the proposal would receive priority for certain state funds. If you have any questions about this bill, please contact Josh Myers of my staff at 787-5400 or by email to jmyers@pasenate.com. Thank you for your consideration. |