PRINTER'S NO. 837
No. 737 Session of 1985
INTRODUCED BY J. L. WRIGHT, GALLAGHER, SCHEETZ, JOHNSON, POTT,
AFFLERBACH, VROON, PERZEL, ARTY, HALUSKA, REINARD,
L. E. SMITH, PRESTON, DAWIDA AND SEMMEL, APRIL 9, 1985
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 9, 1985
AN ACT
1 Amending the act of June 24, 1931 (P.L.1206, No.331), entitled
2 "An act concerning townships of the first class; amending,
3 revising, consolidating, and changing the law relating
4 thereto," further providing for the powers of boards of
5 township commissioners.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Clause XXVII of section 1502 of the act of June
9 24, 1931 (P.L.1206, No.331), known as The First Class Township
10 Code, reenacted and amended May 27, 1949 (P.L.1955, No.569) and
11 amended July 1, l955 (P.L.251, No.78), is amended to read:
12 Section 1502. The corporate power of a township of the first
13 class shall be vested in the board of township commissioners.
14 The board shall have power--
15 * * *
16 XXVII. Ashes, Garbage, Rubbish and Refuse Materials. To make
17 regulations relative to the accumulation of manure, compost and
18 the like; to prohibit accumulation of ashes, garbage, rubbish
19 and other refuse materials upon private properties including the
1 imposition and collection of reasonable fees and charges for the
2 collection, removal and disposal thereof, and to prescribe fines
3 and penalties for the violation of such regulations; to collect,
4 remove and dispose of or to provide, by contract or otherwise,
5 for the collection, removal and disposal by incineration, land
6 fill or other methods of ashes, garbage, rubbish and other
7 refuse materials; and to prescribe penalties for the enforcement
8 thereof. Any such contract may be made for a period not
9 exceeding three years: Provided, That this limitation shall not
10 apply to contracts entered into with any other political
11 subdivision [or with], any municipality authority or any
12 operator of a privately owned resource recovery facility.
13 Contracts made with operators of privately owned resource
14 recovery facilities for the disposal of municipal solid waste
15 may have a term of twenty to thirty years. To acquire any real
16 property and to erect, maintain, improve, operate and lease,
17 either as lessor or lessee, facilities for incineration, land
18 fill or other methods of disposal, either within or without the
19 limits of the township, including equipment, either separately
20 or jointly, with any other political subdivision or with any
21 municipality authority in order to provide for the destruction,
22 collection, removal and disposal of ashes, garbage, rubbish and
23 other refuse materials; and to provide for the payment of the
24 cost and expense thereof, either in whole or part, out of the
25 funds of the township and to acquire and to maintain lands and
26 places for the dumping of ashes, garbage, rubbish and other
27 refuse material. To fix, alter, charge and collect rates, and
28 other charges for the collection, removal and disposal of ashes,
29 garbage, rubbish and other refuse materials and the costs of
30 including the payment of any indebtedness incurred for the
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1 construction, purchase, improvement, repair, maintenance and
2 operation of any facilities therefor, and the amount due under
3 any contract with any other political subdivision or with any
4 municipality authority furnishing any of such services or
5 facilities. To incur indebtedness and issue bonds for the costs
6 of the construction, purchase, improvement and repair of any
7 facilities for the collection, removal and disposal of ashes,
8 garbage, rubbish and other refuse materials, including equipment
9 to be used in connection therewith. To make appropriations to
10 any other political subdivision or any municipality authority
11 out of its general funds or out of any other available funds,
12 including the proceeds of bonds of the township for the
13 construction, purchase, improvement, repair, maintenance and
14 operation of any facilities for the collection, removal and
15 disposal of ashes, garbage, rubbish and other refuse materials.
16 In the event that any such bonds were issued for such purposes,
17 pursuant to a vote of the electors, any appropriation of such
18 proceeds as above set forth shall not be deemed such a change of
19 purpose from that for which such bonds were issued as shall
20 require the question to be again submitted to a vote of the
21 electors under any existing law. Any such funds appropriated as
22 herein authorized, which represent the proceeds of any bonds
23 heretofore or hereafter issued by the township for the above
24 purposes, shall be used by such other political subdivision or
25 municipality authority for or toward the purpose or purposes for
26 which such bonds were issued.
27 * * *
28 Section 2. This act shall take effect in 60 days.
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