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File #: 210913    Version: 0 Name:
Type: Resolution Status: IN COUNCIL - FINAL PASSAGE
File created: 11/4/2021 In control: CITY COUNCIL
On agenda: Final action:
Title: Authorizing City Council to retain legal counsel to file a lawsuit to require the Administration to implement and enforce Bill Number 200425, an ordinance duly enacted by the City Council of Philadelphia which became law on January 28, 2021.
Sponsors: Councilmember Bass
Attachments: 1. Resolution No. 21091300
Title
Authorizing City Council to retain legal counsel to file a lawsuit to require the Administration to implement and enforce Bill Number 200425, an ordinance duly enacted by the City Council of Philadelphia which became law on January 28, 2021.

Body
WHEREAS, Bill No. 200425, entitled Healthy Outdoor Public Spaces (HOPS) was unanimously passed by City Council on December 3, 2020 and amended the Health Code by creating a new Chapter 6-1300 entitled "Healthy Outdoor Public Spaces," to promote a healthy environment that protects the public from the risks of toxic herbicides by prohibiting their use on all City-owned or used public grounds including but not limited to parks, trails, recreation centers, and playgrounds and established reporting requirements for all pesticides applied on City properties.; and

WHEREAS, On January 28, 2021, the Mayor returned HOPS without his signature and without exercising his veto power, which, pursuant to the provisions of Section 2-202 of the Philadelphia Home Rule Charter, made it as legal and binding as if he had signed it; and

WHEREAS, The Mayor stated in a letter, dated January 28, 2021, that he sent to the Council along with his return of HOPS that he would not enforce it because the City Solicitor advised him that the "prohibition . . . is an attempt by Council to exceed its authority under the City's Home Rule Charter," arguing that "Council cannot dictate how City properties are managed"; and the Mayor further stated, incorrectly, that the public health is already being protected based on his assumption, contrary to Council's findings, and expanding scientific evidence, that the City's use of toxic herbicides is already conducted in a safe manner; and

WHEREAS, Contrary to the Mayor's contention, HOPS does not violate the Charter's separation of powers, in that: (a) HOPS does not specifically affect or alter the Mayor's role in administering the manner in which to carry out the ordinance (b) it is wel...

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