PRINTER'S NO. 1999

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1622 Session of 1987


        INTRODUCED BY PITTS, SHOWERS, VROON, MORRIS, PETRONE, MERRY,
           HECKLER, PUNT, FLICK, SCHEETZ, CARLSON, MARKOSEK, DeLUCA,
           SAURMAN, GANNON, LEVDANSKY, STAIRS, PHILLIPS, NOYE, JACKSON,
           FOX, ITKIN, HAYDEN, GODSHALL, CLYMER, McHALE, HERSHEY,
           ARGALL, HALUSKA, FARGO, STABACK, SEMMEL, CHADWICK,
           E. Z. TAYLOR, FISCHER, FOSTER, DISTLER, MOEHLMANN, SIRIANNI,
           D. W. SNYDER, WOGAN, McVERRY, RAYMOND, BALDWIN, DAWIDA,
           ROBBINS, OLASZ, BARLEY AND YANDRISEVITS, JUNE 30, 1987

        REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JUNE 30, 1987

                                     AN ACT

     1  Amending the act of May 1, 1933 (P.L.103, No.69), entitled "An
     2     act concerning townships of the second class; and amending,
     3     revising, consolidating, and changing the law relating
     4     thereto," authorizing townships to enter into contracts with
     5     the Commonwealth for police protection.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  Subsection B of section 590 of the act of May 1,
     9  1933 (P.L.103, No.69), known as The Second Class Township Code,
    10  reenacted and amended July 10, 1947 (P.L.1481, No.567) and
    11  amended June 29, 1965 (P.L.152, No.102), is amended to read:
    12     Section 590.  Petition for Appointment of Police; Contracts
    13  for Police Services.--* * *
    14     B.  Any township may contract with the Commonwealth or with
    15  any adjacent township of the first or second class, or with any
    16  borough or city, and may expend moneys from the general fund for


     1  the purpose of securing the services within the township of the
     2  police of the Commonwealth or of such adjacent township, borough
     3  or city. When any such contract has been entered into, the
     4  police of the Commonwealth or of employing township, borough or
     5  city shall have all the powers and authority conferred by law on
     6  township police in the territory of the township which has
     7  contracted to secure such police service.
     8     * * *
     9     Section 2.  Clause XLIII of section 702 of the act, amended
    10  May 20, 1949 (P.L.1562, No.474), is amended to read:
    11     Section 702.  Supervisors to Exercise Powers.--The corporate
    12  powers of townships of the second class shall be exercised by
    13  the township supervisors. Where no specific authority is given
    14  for the expenditures incident to the exercise of any power
    15  hereinafter conferred, or where no specific fund is designated
    16  from which such expenditures shall be made, appropriations for
    17  such expenditures shall be made only from the general township
    18  fund. In addition to the duties imposed upon them by section 516
    19  hereof, they shall have power--
    20     * * *
    21     XLIII.  Police Protection Districts; Assessments.--To provide
    22  police protection and promote the public safety, health,
    23  convenience and welfare of its citizens the board of township
    24  supervisors is hereby empowered, with the approval of the
    25  township auditors, on petition of a majority of the property
    26  owners of any territory within the township, to designate,
    27  definitely define, set apart and limit any part of such
    28  territory, as a district for the purpose of providing such
    29  districts adequate police protection. Such police protection may
    30  be furnished jointly with one or more other townships or
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     1  boroughs under an agreement with such townships and boroughs or
     2  may be furnished pursuant to an agreement with the Commonwealth
     3  whereby the Pennsylvania State Police shall furnish the
     4  necessary police protection. The township supervisors shall
     5  annually assess or cause to be assessed the cost and expense of
     6  the maintenance of said police protection by an equal assessment
     7  on all property benefited by such protection in proportion to
     8  the number of feet the same fronts on the street or highway or
     9  portion thereof to be protected. The supervisors may provide for
    10  an equitable reduction from the frontage of lots at
    11  intersections or where from the peculiar or pointed shape of
    12  lots an assessment of the full frontage would be inequitable. No
    13  such assessment shall be made against any farm land, but vacant
    14  lots between built-up sections, whether tilled or untilled,
    15  shall not be deemed to be farm lands: Provided, however, That
    16  the assessment per front foot against vacant lots shall be only
    17  twenty-five per centum (25%) of the assessment per foot front
    18  against property with improvements thereon. All such assessments
    19  for police protection shall be filed with the township tax
    20  collector, who shall give thirty days' written or printed notice
    21  that the assessments are due and payable, stating the due date
    22  to each party assessed either by service on the owner of the
    23  property or by mailing such notice to the owner at his last
    24  known post office address. The tax collector shall be entitled
    25  to the same commission for the collection of such assessments as
    26  he is entitled to by law for the collection of the township road
    27  tax. If the assessments or any of them remain unpaid at the
    28  expiration of not exceeding ninety days, the exact time to be
    29  fixed by the township supervisors, they shall be placed in the
    30  hands of the township solicitor for collection. The solicitor
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     1  shall collect the same together with five per centum (5%) as
     2  attorney's commission, and interest from the date such
     3  assessments were due, by a municipal claim filed against the
     4  property of the delinquent owner in like manner as municipal
     5  claims are by law filed and collected. Where an owner has two or
     6  more lots against which there is an assessment for the same year
     7  all such lots shall be embraced in one claim. All assessments,
     8  when collected, shall be paid over to the township treasurer,
     9  who shall receive and shall keep the same in a separate account,
    10  and pay out the same only upon orders signed by the chairman of
    11  the township supervisors, attested by the secretary. The tax
    12  collector and the treasurer shall make a report to the auditors
    13  of the township annually.
    14     * * *
    15     Section 3.  This act shall take effect immediately.










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