53 Pa. Stat. § 11701.241

Current through P.A. Acts 2023-32
Section 11701.241 - Contents

A plan formulated by the appointed coordinator shall be consistent with applicable law and shall include any of the following factors which are relevant to alleviating the financially distressed status of the municipality:

(1) Projections of revenues and expenditures for the current year and the next five years, both assuming the continuation of present operations and as impacted by the measures in the plan. The projections must include an itemization of the following:
(i) Projected revenues, including:
(A) Local taxes.
(B) Licenses, permits and fines.
(C) Sales and rentals.
(D) Federal, State and county grants and loans.
(E) Any other sources of projected revenue.
(ii) Projected expenditures, including:
(A) Debt service.
(B) Workforce.
(C) Elected and executive officials.
(D) Financial management.
(E) Infrastructure costs, including highways, roads and wastewater systems.
(F) Maintenance costs, including recycling and trash collection, disposal and removal.
(G) Other professional services.
(H) Public safety.
(I) Community and economic development.
(J) Any other applicable expenditures.
(2) Recommendations which will:
(i) Satisfy judgments, past due accounts payable, and past due and payable payroll and fringe benefits.
(ii) Eliminate deficits and deficit funds.
(iii) Restore to special fund accounts money from those accounts that was used for purposes other than those specifically authorized.
(iv) Balance the budget, avoid future deficits in funds and maintain current payments of payroll, benefits and accounts through possible revenue enhancement recommendations, including tax or fee changes.
(v) Avoid a fiscal emergency condition in the future.
(vi) Enhance the ability of the municipality to negotiate new general obligation bonds, lease rental debt, funded debt and tax and revenue anticipation borrowing.
(vii) Consider changes in accounting and automation procedures for the financial benefit of the municipality.
(viii) Propose a reduction of debt due on specific claims by an amortized or lump-sum payment considered to be the most reasonable disposition of each claim possible for the municipality considering the totality of circumstances.
(3) Possible changes in collective bargaining agreements and permanent and temporary staffing level changes or changes in organization.
(4) Recommended changes in municipal ordinances or rules.
(5) Recommendations for special audits or further studies.
(6) An analysis of whether conditions set forth in section 261 exist, whether specific exclusive Federal remedies could help relieve the municipality's financial distress and whether filing a Federal debt adjustment action under Subchapter D is deemed to be appropriate.
(7) Deleted by 2014, Oct. 31, P.L. 2983, No. 199, § 11, effective in 60 days [Dec. 30, 2014].
(7.1) An analysis of whether the economic conditions within the municipality are so severe that it is no longer viable and should consolidate or merge with an adjacent municipality or municipalities in accordance with 53 Pa.C.S. Ch. 7 (relating to alteration of territory or corporate entity and dissolution) or disincorporate in accordance with Chapter 4.
(8) An analysis of whether functional consolidation of or privatization of existing municipal services is appropriate and feasible and recommendations for where and how this could be done.
(9) A capital budget which addresses infrastructure deficiencies.
(10) Recommendations for greater use of Commonwealth economic and community development programs.
(10.1) Recommendations for enhanced cooperation and changes in land use planning and zoning, including regional approaches that would promote economic development and improve residential, commercial and industrial use availability within and around the municipality.
(11) Notwithstanding any other provision of law, limits on projected expenditures for individual collective bargaining units that may not be exceeded by the distressed municipality, giving due consideration to the projection of revenue and expenses under paragraph (1).
(12) An analysis of current revenue sources and recommendation to modify revenue sources, including the subjects and rates of taxation of the distressed municipality in accordance with section 123. Recommendations relating to a modification of revenue sources shall be made with consideration to the effect on economic development, employment and an equitable distribution of tax burden. The analysis and recommendations shall be presented to the court in any proceeding under section 123. The analysis shall address:
(i) The tax bases of current and recommended revenue sources from both within and outside of the distressed municipality.
(ii) Collection rates, methods and costs of existing and, to the extent possible, proposed revenue sources and tax collection.
(iii) The current fee, charge, penalty and fine provisions of municipal enactments related to municipal services and police powers.
(iv) Revenue as defined in section 103.

53 P.S. § 11701.241

1987, July 10, P.L. 246, No. 47, § 241, effective in 60 days. Amended 1992, June 30, P.L. 336, No. 69, § 1, imd. effective. Affected 1994, Oct. 13, P.L. 596, No. 90, § 2, effective in 90 days. Amended 2012, July 5, P.L. 1104, No. 133, § 2, effective in 60 days [Sept. 4, 2012]; 2014, Oct. 31, P.L. 2983, No. 199, § 11, effective in 60 days [Dec. 30, 2014].