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September 12, 2002
TO THE PRESIDENT AND MEMBERS OF THE
COUNCIL OF THE CITY OF PHILADELPHIA:
I am returning herewith Bill Number 010659, without my signature. Council passed this bill at its meeting on June 6, 2002. I cannot sign this bill at this time, in light of the many competing spending priorities of the City and the limited resources we have to meet those priorities. Although I am allowing this bill to become law without my signature, I have been advised by the City Solicitor that the provisions of this bill go beyond Council's power of legislation and are unenforceable, and, therefore, the City will not be providing the services called for in this bill, as we can ill afford them in our current financial situation.
Bill 010659 would amend The Philadelphia Code to make condominiums, cooperatives and buildings with six or fewer occupied units "eligible" for municipal trash collection. As you know, the City has a long-standing policy, long predating my Administration, of picking up trash only from residential properties with six or fewer units. Contrary to the suggestion of the bill, the City already collects trash from condominiums and cooperatives, as long as the building structure does not contain more than six residential units. By passing Bill 010659, I therefore understand Council to be attempting to require the City to collect trash from all cooperatives and condominiums, regardless of the size of the building.
I fully understand the desire of those who live in condominiums and cooperatives to have the City pay for the cost of their trash removal. I also understand why Councilmembers seeking to be responsive to segments of their constituencies would support this bill. As Mayor, however, I must look at the bigger picture. And in view of that bigger picture, where resources are scarce and needs must be prioritized, I cannot now support the policy behind this bill.
Collection from row-houses and other single-family homes, duplexes a...
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