City of New Castle, PA Article 102 Act 47 Recovery Plan

§ 102.01 Declaration of financial distress.

[Ord. 7830, passed 8-8-2007]

Upon petition duly filed with the Commonwealth of Pennsylvania, Department of Community and Economic Development (hereinafter "Department") pursuant to the Municipalities Financial Recovery Act, Act 47 of 1987 (hereinafter "Act"), the City of New Castle was declared a financially distressed municipality on January 5, 2007.

§ 102.02 Provisions.

[Ord. 7830, passed 8-8-2007]

The Act provides that a Plan Coordinator be appointed for distressed municipalities and that a Recovery Plan be prepared by the Coordinator. Eckert Seamans Cherin and Mellott, LLC and Public Financial Management were appointed as the Plan Coordinator (hereinafter "Coordinator") in February, 2007.

§ 102.03 Recovery plan and procedures.

[Ord. 7830, passed 8-8-2007]

(a) The Coordinator prepared in accordance with the Act the Recovery Plan, and on June 29, 2007, filed the Recovery Plan with the City Clerk. Following receipt of public written comments and following a public meeting on the Recovery Plan held on July 16, 2007, the Coordinator filed a revised Recovery Plan with the City on July 18, 2007.

(b) The Council of the City of New Castle has determined that it is in the City's best interest to adopt the Recovery Plan for the City of New Castle as prepared and submitted by the Coordinator on July 18, 2007.

(c) The Council of the City of New Castle hereby adopts the Recovery Plan for the City of New Castle as prepared and submitted by the Coordinator on July 18, 2007, including subsequent amendments thereto, if any, pursuant to the Act, as amended.

(d) The Council of the City of New Castle hereby approves the implementation of the Recovery Plan for the City of New Castle as prepared and submitted by the Coordinator on July 18, 2007, including subsequent amendments thereto, if any, pursuant to the Act, as amended.

(e) The City Clerk and City Solicitor are hereby authorized and instructed to prepare for adoption any necessary related ordinances, resolutions, agreements and other documents and revisions to ordinances, resolutions, agreements and other documents necessary to implement the Recovery Plan.

(f) Council President and the Mayor and other appropriate City officials are authorized and instructed to execute any and all documents necessary to implement the Recovery Plan.

§ 102.04 First Amended Recovery Plan.

[Ord. 7904, passed 11-17-2009]

(a) The Coordinator subsequently prepared a First Amended Recovery Plan and on November 6, 2009 filed it with the City Clerk.

(b) The Council of the City of New Castle has determined that it is in the City's best interest to adopt the First Amended Recovery Plan for the City of New Castle as prepared and submitted by the Coordinator on November 6, 2009.

(c) The Council of the City of New Castle hereby adopts the First Amended Recovery Plan for the City of New Castle as prepared and submitted by the Coordinator on November 6, 2009, including subsequent amendments thereto, if any, pursuant to the Act, as amended.

(d) The Council of the City of New Castle hereby approves the implementation of the First Amended Recovery Plan for the City of New Castle as prepared and submitted by the Coordinator on November 6, 2009, including subsequent amendments thereto, if any, pursuant to the Act, as amended.

(e) The City Clerk and the Solicitor are hereby authorized and instructed to prepare for adoption any necessary related ordinances, resolutions, agreements and other documents and revisions to ordinances, resolutions, agreements and other documents necessary to implement the First Amended Recovery Plan.

(f) The Council President and the Mayor and other appropriate City officials are authorized and instructed to execute any and all documents necessary to implement the First Amended Recovery Plan.

§ 102.05 Second Amended Recovery Plan.

[Ord. 7944, passed 12-16-2010]

(a) The Coordinator subsequently prepared a Second Amended Recovery Plan and on November 29, 2010 filed it with the City Clerk.

(b) The Council of the City of New Castle has determined that it is in the City's best interest to adopt the Second Amended Recovery Plan for the City of New Castle as prepared and submitted by the Coordinator on November 29, 2010.

(c) The Council of the City of New Castle hereby adopts the Second Amended Recovery Plan for the City of New Castle as prepared and submitted by the Coordinator on November 29, 2010, including subsequent amendments thereto, if any, pursuant to the Act, as amended.

(d) The Council of the City of New Castle hereby approves the implementation of the Second Amended Recovery Plan for the City of New Castle as prepared and submitted by the Coordinator on November 29, 2010, including subsequent amendments thereto, if any, pursuant to the Act, as amended.

(e) The City Clerk and the Solicitor are hereby authorized and instructed to prepare for adoption any necessary related ordinances, resolutions, agreements and other documents and revisions to ordinances, resolutions, agreements and other documents necessary to implement the Second Amended Recovery Plan.

(f) Council President and the Mayor and other appropriate City officials are authorized and instructed to execute any and all documents necessary to implement the Second Amended Recovery Plan.

§ 102.06 Third Amended Recovery Plan.

[Ord. 8026, passed 11-28-2012]

(a) The Coordinator subsequently prepared a Third Amended Recovery Plan and on November 21, 2012, filed it with the City Clerk.

(b) The Council of the City of New Castle has determined that it is in the City's best interest to adopt the Third Amended Recovery Plan for the City of New Castle as prepared and submitted by the Coordinator on November 21, 2012.

(c) The Council of the City of New Castle hereby adopts the Third Amended Recovery Plan for the City of New Castle as prepared and submitted by the Coordinator on November 21, 2012, including subsequent amendments thereto, if any, pursuant to the Act, as amended.

(d) The Council of the City of New Castle hereby approves the implementation of the Third Amended Recovery Plan for the City of New Castle as prepared and submitted by the Coordinator on November 21, 2012, including subsequent amendments thereto, if any, pursuant to the Act, as amended.

(e) The City Clerk and the Solicitor are hereby authorized and instructed to prepare for adoption any necessary related ordinances, resolutions, agreements and other documents and revisions to ordinances, resolutions, agreements and other documents necessary to implement the Third Amended Recovery Plan.

(f) Council President and the Mayor and other appropriate City officials are authorized and instructed to execute any and all documents necessary to implement the Third Amended Recovery Plan.

§ 102.07 Fourth Amended Recovery Plan.

[Ord. 8116, passed 12-18-2014]

(a) The Coordinator subsequently prepared a Fourth Amended Recovery Plan and on December 9, 2014, filed it with the City Clerk.

(b) The Council of the City of New Castle has determined that it is in the City's best interest to adopt the Fourth Amended Recovery Plan for the City of New Castle as prepared and submitted by the Coordinator on December 9, 2014.

(c) The Council of the City of New Castle hereby adopts the Fourth Amended Recovery Plan for the City of New Castle as prepared and submitted by the Coordinator on December 9, 2014, including subsequent amendments thereto, if any, pursuant to the Act, as amended.

(d) The Council of the City of New Castle hereby approves the implementation of the Fourth Amended Recovery Plan for the City of New Castle as prepared and submitted by the Coordinator on December 9, 2014, including subsequent amendments thereto, if any, pursuant to the Act, as amended.

(e) The City Clerk and the Solicitor are hereby authorized and instructed to prepare for adoption any necessary related ordinances, resolutions, agreements and other documents and revisions to ordinances, resolutions, agreements and other documents necessary to implement the Fourth Amended Recovery Plan.

(f) Council President and the Mayor and other appropriate City officials are authorized and instructed to execute any and all documents necessary to implement the Fourth Amended Recovery Plan.

§ 102.08 Fifth Amended Recovery Plan.

[Ord. 8156, passed 10-22-2015]

(a) The Coordinator subsequently prepared a Fifth Amended Recovery Plan and on September 10, 2015, filed it with the City Clerk.

(b) The Council of the City of New Castle has determined that it is in the City's best interest to adopt the Fifth Amended Recovery Plan for the City of New Castle as prepared and submitted by the Coordinator on September 10, 2015.

(c) The Council of the City of New Castle hereby adopts the Fifth Amended Recovery Plan for the City of New Castle as prepared and submitted by the Coordinator on September 10, 2015, including subsequent amendments thereto, if any, pursuant to the Act, as amended.

(d) The Council of the City of New Castle hereby approves the implementation of the Fifth Amended Recovery Plan for the City of New Castle as prepared and submitted by the Coordinator on September 10, 2015, including subsequent amendments thereto, if any, pursuant to the Act, as amended.

(e) The City Clerk and the Solicitor are hereby authorized and instructed to prepare for adoption any necessary related ordinances, resolutions, agreements and other documents and revisions to ordinances, resolutions, agreements and other documents necessary to implement the Fifth Amended Recovery Plan.

(f) Council President and the Mayor and other appropriate City officials are authorized and instructed to execute any and all documents necessary to implement the Fifth Amended Recovery Plan.

§ 102.09 Sixth Amended Recovery Plan.

[Ord. 8197, passed 9-22-2016]

(a) The Coordinator subsequently prepared a Sixth Amended Recovery Plan and on August 29, 2016, filed it with the City Clerk.

(b) The Council of the City of New Castle has determined that it is in the City's best interest to adopt the Sixth Amended Recovery Plan for the City of New Castle as prepared and submitted by the Coordinator on August 29, 2016.

(c) The Council of the City of New Castle hereby adopts the Sixth Amended Recovery Plan for the City of New Castle as prepared and submitted by the Coordinator on August 29, 2016, including subsequent amendments thereto, if any, pursuant to the Act, as amended.

(d) The Council of the City of New Castle hereby approves the implementation of the Sixth Amended Recovery Plan for the City of New Castle as prepared and submitted by the Coordinator on August 29, 2016, including subsequent amendments thereto, if any, pursuant to the Act, as amended.

(e) The City Clerk and the Solicitor are hereby authorized and instructed to prepare for adoption any necessary related ordinances, resolutions, agreements and other documents and revisions to ordinances, resolutions, agreements and other documents necessary to implement the Sixth Amended Recovery Plan.

(f) Council President and the Mayor and other appropriate City officials are authorized and instructed to execute any and all documents necessary to implement the Sixth Amended Recovery Plan.

§ 102.10 Seventh Amended Recovery Plan.

[Ord. 8219, passed 4-13-2017]

(a) The Coordinator subsequently prepared a Seventh Amended Recovery Plan and on March 15, 2017, filed it with the City Clerk.

(b) The Council of the City of New Castle has determined that it is in the City's best interest to adopt the Seventh Amended Recovery Plan for the City of New Castle as prepared and submitted by the Coordinator on March 15, 2017.

(c) The Council of the City of New Castle hereby adopts the Seventh Amended Recovery Plan for the City of New Castle as prepared and submitted by the Coordinator on March 15, 2017, including subsequent amendments thereto, if any, pursuant to the Act, as amended.

(d) The Council of the City of New Castle hereby approves the implementation of the Seventh Amended Recovery Plan for the City of New Castle as prepared and submitted by the Coordinator on March 15, 2017, including subsequent amendments thereto, if any, pursuant to the Act, as amended.

(e) The City Clerk and the Solicitor are hereby authorized and instructed to prepare for adoption any necessary related ordinances, resolutions, agreements and other documents and revisions to ordinances, resolutions, agreements and other documents necessary to implement the Seventh Amended Recovery Plan.

(f) Council President and the Mayor and other appropriate City officials are authorized and instructed to execute any and all documents necessary to implement the Seventh Amended Recovery Plan.

§ 102.11 Eighth Amended Recovery Plan.

[Ord. 8275, passed 10-11-2018]

(a) The Coordinator subsequently prepared a Eighth Amended Recovery Plan and on September 14, 2018, filed it with the City Clerk.

(b) The Council of the City of New Castle has determined that it is in the City's best interest to adopt the Eighth Amended Recovery Plan for the City of New Castle as prepared and submitted by the Coordinator on September 14, 2018.

(c) The Council of the City of New Castle hereby adopts the Eighth Amended Recovery Plan for the City of New Castle as prepared and submitted by the Coordinator on September 14, 2018, including subsequent amendments thereto, if any, pursuant to the Act, as amended.

(d) The Council of the City of New Castle hereby approves the implementation of the Eighth Amended Recovery Plan for the City of New Castle as prepared and submitted by the Coordinator on September 14, 2018, including subsequent amendments thereto, if any, pursuant to the Act, as amended.

(e) The City Clerk and the Solicitor are hereby authorized and instructed to prepare for adoption any necessary related ordinances, resolutions, agreements and other documents and revisions to ordinances, resolutions, agreements and other documents necessary to implement the Eighth Amended Recovery Plan.

(f) Council President and the Mayor and other appropriate City officials are authorized and instructed to execute any and all documents necessary to implement the Eighth Amended Recovery Plan.

§ 102.12 Revised Exit Plan.

[Ord. 8305, passed 8-22-2019]

(a) The Coordinator subsequently prepared an Exit Plan and on June 24, 2019, filed it with the City Clerk.

(b) The Council of the City of New Castle has determined that it is in the City's best interest to adopt the Revised Exit Plan for the City of New Castle as prepared and submitted by the Coordinator on July 19, 2019.

(c) The Council of the City of New Castle hereby adopts the Revised Exit Plan for the City of New Castle as prepared and submitted by the Coordinator on July 19, 2019.

(d) The Council of the City of New Castle hereby approves the implementation of the Revised Exit Plan for the City of New Castle as prepared and submitted by the Coordinator on July 19, 2019.

(e) The City Clerk and the Solicitor are hereby authorized and instructed to prepare for adoption any necessary related ordinances, resolutions, agreements and other documents and revisions to ordinances, resolutions, agreements and other documents necessary to implement the Revised Exit Plan.

(f) Council President and the Mayor and other appropriate City officials are authorized and instructed to execute any and all documents necessary to implement the Revised Exit Plan.

§ 102.13 Exit Plan amendment.

[Ord. 8352, passed 11-24-2020]

(a) The Coordinator subsequently prepared an Exit Plan Amendment and on October 30, 2020, filed it with the City Clerk.

(b) The Council of the City of New Castle has determined that it is in the City's best interest to adopt the Exit Plan Amendment for the City of New Castle as prepared and submitted by the Coordinator on October 30, 2020.

(c) The Council of the City of New Castle hereby adopts the Exit Plan Amendment for the City of New Castle as prepared and submitted by the Coordinator on October 30, 2020.

(d) The Council of the City of New Castle hereby approves the implementation of the Exit Plan Amendment for the City of New Castle as prepared and submitted by the Coordinator on October 30, 2020.

(e) The City Clerk and the Solicitor are hereby authorized and instructed to prepare for adoption any necessary related ordinances, resolutions, agreements and other documents and revisions to ordinances, resolutions, agreements and other documents necessary to implement the Exit Plan Amendment.

(f) Council President and the Mayor and other appropriate City officials are authorized and instructed to execute any and all documents necessary to implement the Exit Plan Amendment.

§ 102.14 Severability.

[Ord. 8352, passed 11-24-2020]

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

§ 102.15 Repealer.

[Ord. 8352, passed 11-24-2020; Ord. 5679, passed 11-25-1957]

All ordinances or parts of ordinances not in accord with this Ordinance are hereby repealed insofar as the conflict herewith.