The tuition tax has the votes to win approval.

That was the message at a news conference this morning at which Pittsburgh Mayor Luke Ravenstahl stood with five city council members -- Ricky Burgess, Darlene Harris, Jim Motznik, Tonya Payne and Theresa Smith -- who support a 1 percent levy on post-secondary school tuition.

"We don't want to do this," Mr. Ravenstahl said. "Three of [the five council members] have kids who are in college."

But with voluntary donations from tax-exempt institutions coming in at a far lower rate than the city needs to fill a budget gap, is there an alternative? "The reality is, there isn't."

The tuition tax will be the subject of a special council meeting at 1:30 p.m. tomorrow and a public hearing at 10 a.m. Nov. 30. A vote could come any time in December, now that the tax is divorced from the 2010 budget. There are nine council members, so five yes votes are enough to pass it.

The state-picked Intergovernmental Cooperation Authority ruled Tuesday that $16.2 million in tuition tax revenue can't be included in the 2010 budget, because the tax is unproven, not specifically authorized by any state or local legislation and likely to face a court challenge. As a result, Mr. Ravenstahl said he will take "a stopgap approach for 2010," plugging a budget hole with quick-fix cuts and revenue enhancements, including some suggested Tuesday by Councilman William Peduto and Controller Michael Lamb.

Nonetheless, he will include in his long-range plan brutal cuts in police, crossing guards, pools, paving, demolition and potentially other areas in 2011 and beyond. He said he hopes those cuts won't be necessary if the tuition tax is passed and survives a likely court challenge -- or better yet, if the tax-exempt institutions agree to make voluntary payments of $16.2 million a year.

"If they are willing to share of their vast resources with the city, this [tax] will be avoided," said Councilman Ricky Burgess. "The ball is now in the nonprofit community's hands."

One thing that may not make the stopgap budget is $1 million Mr. Ravenstahl sought to dedicate to the Carnegie Library of Pittsburgh from the tuition tax take.

"I'll tell you, it's going to be a difficult lift to include that funding in a stopgap budget," he said. "It is in jeopardy."

More details in tomorrow's Pittsburgh Post-Gazette.

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