PRINTER'S NO. 1808
No. 1525 Session of 1975
INTRODUCED BY RYAN, JUNE 23, 1975
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JUNE 24, 1975
AN ACT
1 Amending the act of February 1, 1966 (1965, P.L.1656, No.581),
2 entitled "An act concerning boroughs, and revising, amending
3 and consolidating the law relating to boroughs," further
4 providing for the sale of property owned by boroughs.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Clause (4) of section 1201, act of February 1,
8 1966 (1965, P.L.1656, No.581) known as "The Borough Code,"
9 anemded December 30, 1974 (No.336) is amended to read:
10 Section 1201. General Powers.-- A borough may:
11 * * *
12 (4) Purchase, acquire by gift, or otherwise, hold, lease,
13 let and convey, by sale or lease, such real and personal
14 property as shall be deemed to be to the best interest of the
15 borough: Provided, That no real estate owned by the borough
16 shall be sold for a consideration in excess of five hundred
17 dollars ($500), except to the highest bidder after due notice by
18 advertisement for bids in one newspaper of general circulation
19 in the borough. Such advertisement shall be published once not
1 less than ten days prior to the date fixed for the opening of
2 bids, and such date for opening bids shall be announced in such
3 advertisement. The acceptance of bids shall be made only by
4 public announcement at a regular or special meeting of council.
5 All bids shall be accepted on the condition that payment of the
6 purchase price in full shall be made within sixty days of the
7 acceptance of bids.
8 Except as otherwise hereinafter provided in the case of
9 personal property of an estimated sale value of less than two
10 hundred dollars ($200), no borough personal property shall be
11 disposed of, by sale or otherwise, except upon approval of
12 council, by ordinance or resolution. In cases where council
13 shall approve a sale of such property it shall estimate the sale
14 value of the entire lot to be disposed of. If council shall
15 estimate the sale value to be two hundred dollars ($200) or
16 more, the entire lot shall be advertised for sale once, in at
17 least one newspaper of general circulation in the borough, not
18 less than ten days prior to the date fixed for the opening of
19 bids, and such date of opening of bids shall be announced in
20 such advertisement, and sale of the property so advertised shall
21 be made to the best responsible bidder. Council shall have
22 authority, by resolution, to adopt a procedure for the sale of
23 surplus personal property of an estimated sale value of less
24 than two hundred dollars ($200) and the approval of council
25 shall not be required for any individual sale that shall be made
26 in conformity to such procedure.
27 The provisions of this clause shall not be mandatory where
28 borough property is to be traded in or exchanged for new borough
29 property.
30 The provisions of this clause requiring advertising for bids
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1 and sale to the highest bidder shall not apply where borough
2 real [or] property, personal property, ambulance, police, fire
3 or sanitation services [is] are to be sold to a county, city,
4 borough, town, township, institution district, school district,
5 or municipal authority pursuant to the Municipality Authorities
6 Act of 1945, is to be sold to a non-profit corporation engaged
7 in community industrial development or where real property is to
8 be sold to a person for his exclusive use in an industrial
9 development program or where real property is to be sold to a
10 non-profit corporation organized as a public library for its
11 exclusive use as a library. When real property is to be sold to
12 a non-profit corporation organized as a public library for its
13 exclusive use as a library council may elect to accept such
14 nominal consideration for such sale as it shall deem
15 appropriate.
16 * * *
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