ORDINANCE NO. 151
AN ORDINANCE BY THE BOARD OF COMMISSIONERS OF THE
COUNTY OF LANCASTER TO APPROVE A CHANGE IN COUNTY CLASSIFICATION
FROM A THIRD-CLASS COUNTY TO A 2A CLASS COUNTY
On motion of Commissioner Parsons, seconded by Commissioner D’Agostino,
WHEREAS, the County of Lancaster, Pennsylvania (the “County”) is currently designated as a Third-Class County; and
WHEREAS, in accordance with the official count of returns of the twenty-third Decennial Census, of the United States on file in the Bureau of the Census, Lancaster County had a population of 519,445 for the 2010 Decennial Census; and
WHEREAS, the Act of December 22, 2011 (P.L. 610), as amended, 16 P.S. § 210, provides that after the results of any Federal Decennial Census are published, any Third Class County having a population of 500,000 and over may, by ordinance or by resolution, elect not to become a 2A Class County; and
WHEREAS, by Resolution No. 86 of 2011, the Board of Commissioners of Lancaster County (the “Board of Commissioners”) elected that Lancaster County would remain a Third-Class County; and
WHEREAS, in accordance with the official count of returns of the twenty-fourth Decennial Census, of the United States on file in the Bureau of the Census, Lancaster County had a population of 552,984 for the 2020 Decennial Census; and
WHEREAS, on October 1, 2021, Governor Thomas Wolf, under the Great Seal of the Commonwealth of Pennsylvania, certified that Lancaster County is eligible to be reclassified as a 2A Class County pursuant to the Act of August 9, 1955 (P.L. 323), as amended, 16 P.S. § 201 et seq. (the “Certificate”); and
WHEREAS, the Act of October 1, 2021 (P.L. 408), as amended, 16 P.S. § 211, provides that, as a result of the delays in the 2020 Decennial Census and the COVID-19 pandemic, the classification of all counties shall remain unchanged until the 2030 census, unless the board of commissioners of a county meeting the requisite county population levels in 16 P.S. § 210 enacts an ordinance or adopts a resolution approving a change of classification prior to February 22, 2022; and
WHEREAS, the Certificate was filed with the Lancaster County Recorder of Deeds on October 5, 2021, Instrument No. 6636412; and
WHEREAS, as Lancaster County meets the requisite population levels in 16 P.S. § 210, the Board desires to approve a change of classification to a 2A Class County, such change being deemed appropriate and proper;
NOW, THEREFORE, BE IT HEREBY ORDAINED AND ENACTED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF LANCASTER , PENNSYLVANIA, as follows:
Section 1. Short Title.
This Ordinance shall be known and may be cited as the Lancaster County 2A Class County Change Ordinance.
Section 2. Election of Class Change.
The Board of Commissioners does hereby elect that Lancaster County shall become a 2A Class County.
Section 3. Severability
In the event any provision, section, sentence, clause, or part of this Ordinance shall be held to be invalid, illegal, or unconstitutional by a court of competent jurisdiction, such invalidity, illegality, or unconstitutionality shall not affect or impair the remaining provisions, sections, sentences, clauses, or parts of this Ordinance, it being the intent of the Board that the remainder of the Ordinance shall be and shall remain in full force and effect.
Section 4. Repeal of Prior Resolutions and Ordinances.
All prior resolutions and ordinances in conflict or inconsistent herewith, including Resolution No. 86 of 2011, are hereby expressly repealed.
Section 5. Effective Date.
This Ordinance shall take effect January 1, 2022, pursuant to 16 P.S. § 211(c).
DULY ADOPTED this 22nd day of February 2022 by the Board of Commissioners of the County of Lancaster, Pennsylvania, in lawful session duly assembled.
ATTEST:
__________________________________ _________________________________________
Lawrence M. George Ray D’Agostino, Chairman
Administrator/Chief Clerk
County of Lancaster, PA _________________________________________
Joshua G. Parsons, Vice Chairman
_________________________________________
John Trescot, Commissioner
Board of Commissioners of
Lancaster County, Pennsylvania