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| When and how must the municipalities "opt in"? |
Initially the municipalities had to "opt-in" by December 31, 2003 if they wished to be eligible to receive PA 48 funding. The municipalities were required to send the Authority as well as the providers (Sec. 13(4)) a resolution or ordinance stating their decision to comply with the METRO Act. In addition, the municipalities were required to modify "any fees charged to providers after November 1, 2002 relating to access to and usage of the public rights of way to an amount not exceeding the amount of fees and charges required under this Act."
Due to mitigating circumstances, the METRO Authority on April 7, 2003 provided 74 non-compliant municipalities one more opportunity to "opt-in" by May 15, 2003; resulting in 35 additional municipalities "opting-in".
Legislation to amend the METRO Act was introduced in 2006 to allow yet another opportunity for the remaining 39 municipalities to opt in. As a result of the proposed legislation, 19 municipalities submitted the appropriate opt-in resolutions/ordinances. However, SB1211 was not passed in 2006. Subsequent legislation (SB108/PA130) was introduced and enacted in 2008. This legislation allows the 19 municipalities that chose to opt-in to receive METRO Act funding escrowed in 2007 and all future distributions beginning June 2008. More info.
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