Ordinance 1586, ACT 47 Recovery Plan Amendment and 3-Year Exit Plan

ORDINANCE 1586

AN ORDINANCE OF THE BOROUGH OF GREENVILLE, MERCER COUNTY, PENNSYLVANIA ADOPTING THE RECOVERY PLAN AMENDMENT AND 3 – YEAR EXIT PLAN FOR THE BOROUGH OF GREENVILLE AS PREPARED BY THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT AND THE COMMONWEALTH OF PENNSYLVANIA’S DULY APPOINTED COORDINATOR, MARY JANE KUFFNER HIRT, PH.D., SAID REVISED PLAN AS AUTHORIZED BY THE FINANCIALLY DISTRESSED MUNICIPALITIES ACT, ACT 47 OF 1987 & ACT 199 OF 2014 , AND TO DO ALL THINGS AND TO TAKE ALL NECESSARY ACTION IN CONNECTION THEREWITH.

             WHEREAS, upon Petition duly filed with the COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT (hereinafter “Department”) pursuant to the Financially Distressed

Municipalities Act, Act 47 of 1987 (hereinafter “Act”), the Borough of Greenville on

May 8, 2002, was declared a financially distressed municipality; and

             WHEREAS, Act 47 of 1987, the Financially Distressed Municipality Act, provided that a Plan Coordinator be appointed for distressed municipalities and that a Recovery Plan be prepared by the Coordinator; and

             WHEREAS, Resource Development and Management, Inc. was appointed as the Plan Coordinator (hereinafter “Coordinator”); and

             WHEREAS, the Coordinator prepared in accordance with Act 47 the Recovery Plan, and on December 27, 2002, submitted same to the Borough of Greenville for its adoption; and

             WHEREAS, the Borough of Greenville adopted the Act 47 Recovery Plan on January 9, 2003; and

             WHEREAS, on August 1, 2006, Mary Jane Kuffner Hirt, Ph.D., was appointed as the new ACT 47 Plan Coordinator (hereinafter “New Coordinator”); and

            WHEREAS, the Coordinator and the Department have requested revisions to the December 27, 2002 Plan; and

            WHEREAS, the New Coordinator and the Borough made revisions to the plan and the Borough of Greenville adopted the “Revised Recovery Plan” on September 18, 2008; and

            WHEREAS, the New Coordinator and the Borough made amendments to the plan and the Borough of Greenville adopted the “Recover Plan Amendment” on June 14, 2011; and

           WHEREAS, the New Coordinator and the Borough made amendments to the plan and the Borough of Greenville adopted the “Recovery Plan Amendment” on September 28, 2011; and

          WHEREAS, the New Coordinator and the Borough made amendments to the plan and the Borough of Greenville adopted the “Recovery Plan Amendment” on November 26, 2013; and

          WHEREAS, the New Coordinator and the Borough made amendments to the plan and the Borough of Greenville adopted the “Recovery Plan Amendment” on April 14, 2015; and

         WHEREAS, the New Coordinator and the Borough made amendments to the plan and the Borough of Greenville adopted the “Recovery Plan Amendments” on January 9, 2017; and

           WHEREAS, the Borough of Greenville has determined that it is in its best interest to adopt Recovery Plan Amendments Parts 1-5 and the 3 - Year Exit Plan dated January 16, 2019 at this time.

             NOW THEREFORE, BE IT ORDAINED AND ENACTED BY THE BOROUGH OF GREENVILLE, COUNTY OF MERCER, AND IT IS HEREBY ORDAINED AND ENACTED BY AUTHORITY OF THE SAME AS FOLLOWS:

             SECTION 1.               The Council of the Borough of Greenville hereby adopts and approves the implementation of the Recovery Plan Amendments  and 3 – Year Exit Plan of the Borough of Greenville as prepared and submitted by the New Coordinator, including subsequent amendments thereto, if any, pursuant to Section 245 of Act 47 of 1987 & Section 256 of Act 199 of 2014, as amended. Attached as Appendix A.

            SECTION 2.               The Borough Manager and Borough Solicitor are hereby authorized to prepare for adoption any necessary related ordinances or resolutions and revisions to ordinances or resolutions to implement the Revised Municipal Recovery Plan & 3- Year Exit Plan.

             SECTION 3.               In the event that any provision, section, sentence, clause or part of this Ordinance shall be held invalid, such invalidity shall not affect or impair any remaining provision, section, sentence, clause or part of this Ordinance, and the remaining shall remain in full force and effect.

             SECTION 4.               All Ordinances or parts of Ordinances not in accord with this Ordinance are hereby repealed insofar as they conflict hereby.

             ENACTED AND ORDAINED this 8th day of April 2019.

 Attest:                                                             

 ___________________________                  ______________________________

Jasson W. Urey, Borough Manager             Paul R. Hamill, President of Council

                                                                                 Examined and approved by me this

                                                                                 8th day of April 2019.

                                                                                 ______________________________

                                                                                Evan Hereford, Mayor