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Signs of trouble

Published January 22. 2011 09:00AM

There are 11 criteria for Act 47 that could place a municipality in the program, according to Pennsylvania Department of Community and Economic Development spokeswoman Jamie Yates.

(1) It has maintained a deficit over a three-year period, with a deficit of 1 percent or more in each of the previous fiscal years.

(2) It's expenditures have exceeded revenues for a period of three years or more.

(3) It has defaulted in payment of principal or interest on any of its bonds or notes or in payment of rentals due any authority.

(4) It has missed a payroll for 30 days.

(5) It has failed to make required payments to judgment creditors for 30 days beyond the date of the recording of the judgment.

(6) The municipality, for a period of at least 30 days beyond the due date, has failed to forward taxes withheld on the income of employees or has failed to transfer employer or employee contributions for Social Security.

(7) It has accumulated and has operated for each of two successive years a deficit equal to 5 percent or more of its revenues.

(8) It has failed to make the budgeted payment of its minimum municipal obligation as required by the Municipal Pension Plan Funding Standard and Recovery Act, with respect to a pension fund during the fiscal year for which the payment was budgeted and has failed to take action within that time period to make required payments.

(9) It has sought to negotiate resolution or adjustment of a claim in excess of 30 percent against a fund or budget and has failed to reach an agreement with creditors.

(10) It has filed a municipal debt readjustment plan pursuant to Chapter 9 of the Bankruptcy Code.

(11) It has experienced a decrease in a quantified level of municipal service from the preceding fiscal year which has resulted from the municipality reaching its legal limit in levying real estate taxes for general purposes. (For determining levels of municipal service for the year 1987, the department shall utilize annual statistical data since the year 1982 to determine a pattern of decrease in delivery of municipal services since 1982).

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