SENATE AMENDED
PRIOR PRINTER'S NOS. 4292, 4543, 4748 PRINTER'S NO. 4777
No. 2798 Session of 2004
INTRODUCED BY NAILOR, RUBLEY, ARGALL, DeWEESE, BALDWIN, BUNT,
CAPPELLI, CAUSER, CREIGHTON, GRUCELA, HARHART, HARRIS,
HERSHEY, HESS, JAMES, KILLION, LEDERER, LYNCH, MACKERETH,
R. MILLER, NICKOL, PHILLIPS, ROSS, SAYLOR, SCAVELLO,
SCRIMENTI, SHANER, B. SMITH, R. STEVENSON, E. Z. TAYLOR,
HARPER, GINGRICH, DENLINGER, GABIG AND VANCE, JULY 3, 2004
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, NOVEMBER 18, 2004
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 ELIGIBILITY FOR ELECTIVE BOROUGH OFFICE, FOR <--
5 GENERAL POWERS OF MAYOR AND FOR borough powers to convey <--
6 land.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 1201 of the act of February 1, 1966 (1965 <--
10 P.L.1656, No.581), known as The Borough Code, amended December
11 14, 1989 (P.L.626, No.73) and May 7, 1998 (P.L.347, No.54), is
12 amended to read:
13 SECTION 1. SECTION 1028 OF THE ACT OF FEBRUARY 1, 1966 (1965 <--
14 P.L.1656, NO.581), KNOWN AS THE BOROUGH CODE, AMENDED JULY 10,
15 1980 (P.L.425, NO.100), IS AMENDED TO READ:
16 SECTION 1. SECTION 801 OF THE ACT OF FEBRUARY 1, 1966 (1965 <--
17 P.L.1656, NO.581), KNOWN AS THE BOROUGH CODE, AMENDED JUNE 25,
1 2001 (P.L.651, NO.56), IS AMENDED TO READ:
2 SECTION 801. ELECTORS ONLY TO BE ELIGIBLE;
3 INCOMPATIBILITY.--[REGISTERED] (A) EXCEPT AS PROVIDED IN
4 SUBSECTION (B), REGISTERED ELECTORS OF THE BOROUGH ONLY SHALL BE
5 ELIGIBLE TO ELECTIVE BOROUGH OFFICES. ALL ELECTED BOROUGH
6 OFFICERS SHALL RESIDE IN THE BOROUGH FROM WHICH ELECTED AND
7 SHALL HAVE RESIDED IN THE BOROUGH CONTINUOUSLY FOR AT LEAST ONE
8 YEAR IMMEDIATELY BEFORE THEIR ELECTION. A SCHOOL DIRECTOR SHALL
9 NOT BE ELIGIBLE TO AN ELECTIVE BOROUGH OFFICE. NO INDIVIDUAL
10 SHALL AT THE SAME TIME HOLD MORE THAN ONE ELECTIVE BOROUGH
11 OFFICE.
12 (B) A BOROUGH WITH A POPULATION OF LESS THAN ONE HUNDRED
13 FIFTY, INCORPORATED ON OR AFTER JANUARY 1, 1964, MAY PERMIT
14 INDIVIDUALS THAT HAVE NOT RESIDED IN THE BOROUGH CONTINUOUSLY
15 FOR AT LEAST ONE YEAR IMMEDIATELY BEFORE THE ELECTION TO BE
16 ELIGIBLE TO HOLD OFFICE.
17 SECTION 2. SECTION 1028 OF THE ACT, AMENDED JULY 10, 1980
18 (P.L.425, NO.100), IS AMENDED TO READ:
19 SECTION 1028. GENERAL POWERS OF MAYOR.--(A) THE MAYOR SHALL
20 HAVE POWER:
21 (1) TO ADMINISTER OATHS AND AFFIRMATIONS IN MATTERS
22 PERTAINING TO BOROUGH AFFAIRS.
23 (B) IN ADDITION TO THE POWER GRANTED TO MAYORS BY PART V OF
24 TITLE 35 OF THE PENNSYLVANIA CONSOLIDATED STATUTES (RELATING TO
25 EMERGENCY MANAGEMENT SERVICES) AND IN ORDER TO ENABLE HIM
26 EFFECTUALLY TO PRESERVE THE PUBLIC PEACE WITHIN THE BOROUGH, ALL
27 THE POWERS WHICH ARE DEVOLVED BY THE LAWS OF THIS COMMONWEALTH
28 UPON SHERIFFS, TO PREVENT AND SUPPRESS MOBS, RIOTS AND UNLAWFUL
29 AND TUMULTUOUS ASSEMBLIES, ARE HEREBY CONFERRED UPON THE MAYOR.
30 IN THE EVENT THAT A STATE OF EMERGENCY EXISTS, A MAYOR SHALL
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1 HAVE THE AUTHORITY TO REQUEST AID AND ASSISTANCE FROM LAW
2 ENFORCEMENT OFFICERS AND AGENCIES FROM A NEIGHBORING
3 MUNICIPALITY. IN RESPONSE TO A REQUEST OF A MAYOR MADE IN
4 ACCORDANCE WITH THIS SUBSECTION, A MUNICIPAL POLICE OFFICER
5 SHALL, WITHIN THE BOROUGH FROM WHICH THE REQUEST WAS MADE, HAVE
6 THE POWER AND AUTHORITY TO ENFORCE THE LAWS OF THIS COMMONWEALTH
7 OR OTHERWISE PERFORM THE FUNCTIONS OF THAT OFFICE AS IF
8 ENFORCING THOSE LAWS OR PERFORMING THOSE FUNCTIONS WITHIN THE
9 TERRITORIAL LIMITS OF HIS OR HER PRIMARY JURISDICTION, SUBJECT
10 TO THE LIMITATIONS AND CONDITIONS SET FORTH IN 42 PA.C.S. §
11 8953(B) THROUGH (E) (RELATING TO STATEWIDE MUNICIPAL POLICE
12 JURISDICTION). WHEN THE MAYOR CONSIDERS THAT A STATE OF
13 EMERGENCY EXISTS, HE MAY ISSUE HIS PROCLAMATION, WHICH SHALL BE
14 IN WRITING AND THE CONTENTS OF WHICH SHALL BE MADE AVAILABLE TO
15 ALL NEWS MEDIA, DECLARING A STATE OF EMERGENCY FOR A PERIOD NOT
16 TO EXCEED SEVEN DAYS, UNLESS SOONER RESCINDED, MODIFIED OR
17 RATIFIED OR EXTENDED BY RESOLUTION OF COUNCIL. IN HIS
18 PROCLAMATION HE MAY PROHIBIT, FOR ALL OR ANY PART OF THE
19 BOROUGH:
20 (1) ANY PERSON BEING ON THE PUBLIC STREETS OR IN THE PUBLIC
21 PARKS OR AT ANY OTHER PUBLIC PLACE DURING THE HOURS DECLARED BY
22 HIM TO BE A PERIOD OF CURFEW.
23 (2) THE ENTRY OR DEPARTURE OF PERSONS INTO OR FROM ANY
24 RESTRICTED AREA.
25 (3) THE SALE, PURCHASE OR DISPENSING OF ANY COMMODITIES OR
26 GOODS, AS DESIGNATED BY HIM.
27 (4) THE TRANSPORTATION, POSSESSION OR USE OF GASOLINE,
28 KEROSENE OR OTHER COMBUSTIBLE, FLAMMABLE OR EXPLOSIVE LIQUIDS OR
29 MATERIALS, EXCEPT IN CONNECTION WITH THE NORMAL OPERATION OF
30 MOTOR VEHICLES, NORMAL HOME USE OR LEGITIMATE COMMERCIAL USE.
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1 (5) ANY OTHER SUCH ACTIVITIES AS HE REASONABLY BELIEVES
2 SHOULD BE PROHIBITED TO HELP PRESERVE LIFE, HEALTH, PROPERTY OR
3 THE PUBLIC PEACE.
4 THE PROCLAMATION SHALL DESCRIBE ANY RESTRICTIVE AREA WITH
5 PARTICULARITY AND SHALL SPECIFY THE HOURS DURING SUCH
6 RESTRICTIONS ARE TO BE IN EFFECT.
7 ANY PERSON VIOLATING SUCH PROCLAMATION OF EMERGENCY SHALL BE
8 GUILTY OF A SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE
9 SENTENCED TO PAY A FINE NOT TO EXCEED THREE HUNDRED DOLLARS
10 ($300) AND COSTS OR TO UNDERGO IMPRISONMENT NOT TO EXCEED THIRTY
11 DAYS.
12 SECTION 2 3. SECTION 1201 OF THE ACT, AMENDED DECEMBER 14, <--
13 1989 (P.L.626, NO.73) AND MAY 7, 1998 (P.L.347, NO.54), IS
14 AMENDED TO READ:
15 Section 1201. General Powers.--A borough may:
16 (1) Have succession perpetually by its corporate name.
17 (2) Sue and be sued, and complain and defend in the courts
18 of the Commonwealth.
19 (3) Make and use a common seal, and alter the same at
20 pleasure.
21 (4) Purchase, acquire by gift, or otherwise, hold, lease,
22 let and convey, by sale or lease, such real and personal
23 property as shall be deemed to be to the best interest of the
24 borough, subject to the following restrictions, limitations or
25 exceptions:
26 (i) No real estate owned by the borough shall be sold for a
27 consideration in excess of fifteen hundred dollars ($1500),
28 except to the highest bidder after due notice by advertisement
29 for bids or advertisement of a public auction in one newspaper
30 of general circulation in the borough. Such advertisement shall
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1 be published once not less than ten days prior to the date fixed
2 for the opening of bids or public auction, and such date for
3 opening bids or public auction shall be announced in such
4 advertisement. The award of contracts shall be made only by
5 public announcement at a regular or special meeting of council
6 or at the public auction. All bids shall be accepted on the
7 condition that payment of the purchase price in full shall be
8 made within sixty days of the acceptance of bids. The borough
9 council shall have the authority to reject all bids if such bids
10 are deemed to be less than the fair market value of the real
11 property. In the case of a public auction, the borough council
12 may establish a minimum bid based on the fair market value of
13 the real property. Real estate owned by a borough may be sold at
14 a consideration of fifteen hundred dollars ($1500) or less
15 without advertisement or competitive bidding only after council
16 estimates the value thereof upon receipt of an appraisal by a
17 qualified real estate appraiser.
18 (ii) Except as otherwise hereinafter provided in the case of
19 personal property of an estimated fair market value of less than
20 one thousand dollars ($1,000), no borough personal property
21 shall be disposed of, by sale or otherwise, except upon approval
22 of council, by ordinance or resolution. In cases where council
23 shall approve a sale of such property, it shall estimate the
24 fair market value of the entire lot to be disposed of. If
25 council shall estimate the fair market value to be one thousand
26 dollars ($1,000) or more, the entire lot shall be advertised for
27 sale once, in at least one newspaper of general circulation in
28 the borough, not less than ten days prior to the date fixed for
29 the opening of bids or public auction, and such date of opening
30 of bids or public auction, shall be announced in such
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1 advertisement, and sale of the property so advertised shall be
2 made to the best responsible bidder. Council may reject any bids
3 received if the bids are believed to be less than the fair
4 market value of the property. Council shall, by resolution,
5 adopt a procedure for the sale of surplus personal property,
6 either individual items or lots of items, of an estimated fair
7 market value of less than one thousand dollars ($1,000) and the
8 approval of council shall not be required for any individual
9 sale that shall be made in conformity to such procedure.
10 (iii) The provisions of this clause shall not be mandatory
11 where borough property is to be traded in or exchanged for new
12 borough property.
13 (iv) The provisions of this clause requiring advertising for
14 bids or sale at public auction and sale to the highest bidder
15 shall not apply where borough real or personal property is to be
16 sold to:
17 (A) a county, city, borough, town, township, institution
18 district, school district, volunteer fire company, volunteer
19 ambulance service or volunteer rescue squad located within the
20 borough;
21 (B) a municipal authority pursuant to the Municipality
22 Authorities Act of 1945;
23 (C) a non-profit corporation engaged in community
24 development or reuse only upon entering into a written agreement
25 with the non-profit corporation that requires the property to be
26 used for industrial, commercial or affordable housing purposes.
27 This exemption shall not apply to property on which existing
28 governmental functions are conducted;
29 (D) where real property is to be sold to a person for his
30 exclusive use in an industrial development program;
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1 (E) where real property is to be sold to a non-profit
2 corporation organized as a public library for its exclusive use
3 as a library;
4 (F) where real property is to be sold to a non-profit
5 medical service corporation as authorized by clause (76) of
6 section 1202;
7 (G) where real property is to be sold to a non-profit
8 housing corporation as authorized by clause (77) of section
9 1202; [or]
10 (H) where real property is to be sold to the Commonwealth or
11 to the Federal Government[.]; or
12 (I) where real property is to be sold to a non-profit museum
13 or historical society FOR ITS EXCLUSIVE USE AS A NON-PROFIT <--
14 MUSEUM OR HISTORICAL SOCIETY.
15 (v) When real property is to be sold to a non-profit
16 corporation organized as a public library for its exclusive use
17 as a library or to a non-profit medical service corporation or
18 to a non-profit housing corporation, council may elect to accept
19 such nominal consideration for such sale as it shall deem
20 appropriate.
21 (vi) Real property sold pursuant to this clause to a
22 volunteer fire company, volunteer ambulance service or volunteer
23 rescue squad, non-profit medical service corporation or to a
24 non-profit housing corporation shall be subject to the condition
25 that when the property is not used for the purposes of the
26 company, service, squad or the corporation the property shall
27 revert to the borough.
28 (vii) The exemption granted under subclause (iv)(C) shall
29 not apply to property owned and operated by the borough or
30 subcontracted or operated on the behalf of the borough in order
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1 to conduct existing governmental functions.
2 (5) To invest in or purchase bonds of any municipal
3 authority or parking authority created solely by the borough,
4 for the purpose either of investment or of possible retirement
5 of such bonds and acquisition of authority projects at an
6 earlier date than originally contemplated, using for the purpose
7 either surplus funds of the borough or money appropriated in the
8 annual budget for the purpose.
9 Section 2 3. This act shall take effect in 60 days. <--
10 SECTION 4. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <--
11 (1) THE AMENDMENT OF SECTIONS 1028 AND 1201 OF THE ACT
12 SHALL TAKE EFFECT IN 60 DAYS.
13 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
14 IMMEDIATELY.
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