PRIOR PRINTER'S NO. 3699 PRINTER'S NO. 4121
No. 2694 Session of 1996
INTRODUCED BY READSHAW, DEMPSEY, STISH, FICHTER, VAN HORNE,
WOGAN, PETRONE, BAKER, GEIST, ARGALL, HABAY, HARHART,
D. W. SNYDER, ROBINSON, BATTISTO, STETLER, STABACK, BROWNE,
TRELLO, ARMSTRONG, WALKO, RUBLEY, STEELMAN, RAMOS, BOSCOLA,
DENT AND J. TAYLOR, JUNE 11, 1996
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 7, 1996
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 ASSOCIATIONS AND ORGANIZATIONS FOR MAYORS AND <--
5 for general powers.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 1201(4) of the act of February 1, 1966 <--
9 (1965 P.L.1656, No.581), known as The Borough Code, amended June
10 26, 1995 (P.L.63, No.12), is amended to read:
11 SECTION 1. SECTION 704 OF THE ACT OF FEBRUARY 1, 1966 (1965 <--
12 P.L.1656, NO.581), KNOWN AS THE BOROUGH CODE, AMENDED JANUARY
13 28, 1988 (P.L.21, NO.10), IS AMENDED TO READ:
14 SECTION 704. ASSOCIATIONS AND ORGANIZATIONS FOR MAYORS.--ANY
15 MAYOR MAY JOIN A MAYORS' ASSOCIATION AND BOROUGH COUNCIL SHALL
16 PAY REASONABLE DUES, NOT TO EXCEED [TWENTY-FIVE DOLLARS ($25)]
17 ONE-HUNDRED DOLLARS ($100), AS MAY BE FIXED BY THE ASSOCIATION
1 FOR EACH MAYOR BELONGING TO THAT ASSOCIATION. THE MAYOR MAY
2 ATTEND THE ANNUAL MEETING OF THE ASSOCIATION, WHICH SHALL BE
3 HELD IN THE COMMONWEALTH IN ACCORDANCE WITH THE PROCEDURE
4 ADOPTED BY THE ASSOCIATION. EACH MAYOR SHALL BE ALLOWED EXPENSES
5 WHICH SHALL BE LIMITED TO THE REGISTRATION FEE, MILEAGE FOR USE
6 OF PERSONAL VEHICLE OR REIMBURSEMENT OF ACTUAL TRANSPORTATION
7 EXPENSE GOING TO AND RETURNING FROM SUCH MEETING PLUS ALL OTHER
8 ACTUAL EXPENSES THAT THE COUNCIL MAY HAVE AGREED TO PAY. EVERY
9 MAYOR ATTENDING THE ANNUAL MEETING SHALL SUBMIT TO THE COUNCIL
10 AN ITEMIZED ACCOUNT OF EXPENSES INCURRED AT THE ANNUAL MEETING.
11 SECTION 2. SECTION 1201(4) OF THE ACT, AMENDED JUNE 26, 1995
12 (P.L.63, NO.12), IS AMENDED TO READ:
13 Section 1201. General Powers.--A borough may:
14 * * *
15 (4) Purchase, acquire by gift, or otherwise, hold, lease,
16 let and convey, by sale or lease, such real and personal
17 property as shall be deemed to be to the best interest of the
18 borough: Provided, That no real estate owned by the borough
19 shall be sold for a consideration in excess of fifteen hundred
20 dollars ($1500), except to the highest bidder after due notice
21 by advertisement for bids or advertisement of a public auction
22 in one newspaper of general circulation in the borough. Such
23 advertisement shall be published once not less than ten days
24 prior to the date fixed for the opening of bids or public
25 auction, and such date for opening bids or public auction shall
26 be announced in such advertisement. The award of contracts shall
27 be made only by public announcement at a regular or special
28 meeting of council or at the public auction. All bids shall be
29 accepted on the condition that payment of the purchase price in
30 full shall be made within sixty days of the acceptance of bids.
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1 The borough council shall have the authority to reject all bids
2 if such bids are deemed to be less than the fair market value of
3 the real property. In the case of a public auction, the borough
4 council may establish a minimum bid based on the fair market
5 value of the real property. Real estate owned by a borough may
6 be sold at a consideration of fifteen hundred dollars ($1500) or
7 less without advertisement or competitive bidding only after
8 council estimates the value thereof upon receipt of an appraisal
9 by a qualified real estate appraiser.
10 Except as otherwise hereinafter provided in the case of
11 personal property of an estimated fair market value of less than
12 one thousand dollars ($1,000), no borough personal property
13 shall be disposed of, by sale or otherwise, except upon approval
14 of council, by ordinance or resolution. In cases where council
15 shall approve a sale of such property, it shall estimate the
16 fair market value of the entire lot to be disposed of. If
17 council shall estimate the fair market value to be one thousand
18 dollars ($1,000) or more, the entire lot shall be advertised for
19 sale once, in at least one newspaper of general circulation in
20 the borough, not less than ten days prior to the date fixed for
21 the opening of bids or public auction, and such date of opening
22 of bids or public auction, shall be announced in such
23 advertisement, and sale of the property so advertised shall be
24 made to the best responsible bidder. Council may reject any bids
25 received if the bids are believed to be less than the fair
26 market value of the property. Council shall, by resolution,
27 adopt a procedure for the sale of surplus personal property,
28 either individual items or lots of items, of an estimated fair
29 market value of less than one thousand dollars ($1,000) and the
30 approval of council shall not be required for any individual
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1 sale that shall be made in conformity to such procedure.
2 The provisions of this clause shall not be mandatory where
3 borough property is to be traded in or exchanged for new borough
4 property.
5 The provisions of this clause requiring advertising for bids
6 or sale at public auction and sale to the highest bidder shall
7 not apply where borough real or personal property is to be sold
8 to a county, city, borough, town, township, institution
9 district, school district, volunteer fire company, volunteer
10 ambulance service or volunteer rescue squad located within the
11 borough, or municipal authority pursuant to the Municipality
12 Authorities Act of 1945, is to be sold to a non-profit
13 corporation engaged in community industrial, commercial or
14 affordable housing development or reuse or where real property
15 is to be sold to a person for his exclusive use in an industrial
16 development program or where real property is to be sold to a
17 non-profit corporation organized as a public library for its
18 exclusive use as a library, or where real property is to be sold
19 to a non-profit medical service corporation as authorized by
20 clause (76) of section 1202 or where real property is to be sold
21 to a non-profit housing corporation as authorized by clause (77)
22 of section 1202 or where real property is to be sold to the
23 Commonwealth or to the Federal Government. When real property is
24 to be sold to a non-profit corporation organized as a public
25 library for its exclusive use as a library or to a non-profit
26 medical service corporation or to a non-profit housing
27 corporation, council may elect to accept such nominal
28 consideration for such sale as it shall deem appropriate. Real
29 property sold pursuant to this clause to a volunteer fire
30 company, volunteer ambulance service or volunteer rescue squad,
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1 non-profit medical service corporation or to a non-profit
2 housing corporation shall be subject to the condition that when
3 the property is not used for the purposes of the company,
4 service, squad or the corporation the property shall revert to
5 the borough.
6 THE EXEMPTION GRANTED BY THIS CLAUSE TO NON-PROFIT <--
7 CORPORATIONS ENGAGED IN COMMUNITY, INDUSTRIAL, COMMERCIAL OR
8 AFFORDABLE HOUSING DEVELOPMENT OR REUSE SHALL NOT APPLY TO
9 PROPERTY OWNED AND OPERATED BY THE BOROUGH OR SUBCONTRACTED OR
10 OPERATED ON THE BEHALF OF THE BOROUGH IN ORDER TO CONDUCT
11 EXISTING GOVERNMENTAL FUNCTIONS.
12 * * *
13 Section 2 3. This act shall take effect in 60 days. <--
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