AN ACT

 

1Reenacting and amending the act of June 23, 1931 (P.L.932,
2No.317), entitled "An act relating to cities of the third
3class; and amending, revising, and consolidating the law
4relating thereto."

5TABLE OF CONTENTS

6ARTICLE I

7PRELIMINARY PROVISIONS

8Section 101. Short Title.

9Section 102. Definitions.

10Section 103. Excluded Provisions.

11Section 104. Construction of Act Generally to Preserve Existing
12Situations.

13Section 105. Constitutional Construction.

14Section 106. Construction of References.

15Section 107. Cities to Which Act Applies.

16Section 108. Effective Date.

17Section 109. Publication of Notices.

18ARTICLE II

1PROCEDURES FOR INCORPORATION

2Section 200. Definitions.

3Section 201. Creation of Cities.

4Section 203.1. Incorporating Resolution.

5Section 204. Resolution Certified to County Board of Election;
6Form of Question.

7Section 204.1. Notice of Election.

8Section 205. Returns of Election.

9Section 206. Effect of Vote Against Incorporating as City.

10Section 207. Governor to Issue Letters Patent; Boundaries.

11Section 208. Property of Entities Vested in City.

12Section 209. Existing Governments Temporarily Preserved; City
13Organization.

14Section 210. Existing Liabilities, Debts and Claims Transferred
15to New City.

16ARTICLE III

17CHANGE OF CORPORATE TITLE

18Section 301. Resolution and Petition to Change Corporate Title.

19Section 302. Hearing; Decree.

20Section 303. Recording Decree.

21Section 304. Existing Rights and Liabilities Preserved.

22ARTICLE IV

23CREATION AND DIVISION OF WARDS

24Section 401. General Power of Council in Creation or Division
25of Wards.

26Section 401.1. Petition of Registered Voters.

27Section 402. (Reserved).

28Section 403. Appointment of Commission.

29Section 403.1. Expenses of Commissioners.

30Section 403.2. Report.

1Section 404. Election.

2Section 405. Notice of Election; Review of Report.

3Section 406. Election Laws to Apply.

4Section 407. Computing Vote; Return; Resubmission of Question.

5Section 408. Change of Ward Lines by Council.

6Section 409. Pennsylvania Election Code.

7ARTICLE VI

8CITY BOUNDARIES

9Section 601. Navigable Stream Boundaries.

10Section 602. Court to Establish Disputed Boundaries.

11Section 603. Petition to Court; Commissioners; Report.

12Section 604. Exceptions and Procedure.

13Section 605. Pay and Expenses of Commissioners.

14Section 606. Boundary Monuments.

15ARTICLE VII

16ELECTED OFFICERS AND ELECTIONS

17Section 701. Elected Officers; Term; Eligible to Reelection;
18Vacancies Where Elected Officer Fails to Qualify.

19Section 702. First Elections in Newly Created Cities.

20Section 703. Nominations and Elections.

21Section 704. Certificates of Election.

22ARTICLE VIII

23VACANCIES IN OFFICE

24Section 801. Vacancies in Council and Office of Mayor.

25Section 802. Vacancy in Office of Controller or of Treasurer.

26ARTICLE IX

27GENERAL PROVISIONS RELATING TO CITY

28OFFICERS AND EMPLOYES

29Section 901. Appointment and Removal of Officers and Employes;
30Removal From Elective Office; Employes Not to Hold

1Elective Office.

2Section 902. Officers and Employes; Number; Duties;
3Compensation.

4Section 903. Changes in Salary, Compensation and Emoluments of
5Officers.

6Section 904. Offices to be Held until Qualification of
7Successors.

8Section 905. Oath of Office; Violation of Oath; Penalty.

9Section 906. Bond to be Given by Officers and Agents.

10Section 907. Surety Bonds; Insurance; Premiums.

11Section 908. Officers not to Become Surety on Bonds Given to
12City; Penalty.

13Section 909. Moneys and Accounts to be Delivered by Officer to
14Successor.

15Section 916. Municipal League and Other Municipal Affairs
16Organizations.

17Section 917. Powers of Subpoena; Compelling Testimony.

18Section 918. Consolidation or Integration of Fire and Police
19Personnel Prohibited.

20ARTICLE X

21THE COUNCIL

22(a) General Provisions

23Section 1001. Qualifications of Council Members.

24Section 1002. Vesting of Legislative Power.

25Section 1003. Organization of Council.

26Section 1004. Oath of Council Members; Quorum; Rules.

27Section 1005. Meetings of Council; Notice; Participation by
28Telecommunication Device.

29Section 1015. Attendance of Witnesses and Production of Books
30Before Council or Committee of Council.

1Section 1016. Salaries.

2Section 1016.1. Appointment of City Clerk.

3(a.1) Ordinances

4Section 1018.1. Ordinances and resolutions.

5Section 1018.2. Voting; no veto; vote necessary to enact
6ordinances or adopt resolutions.

7Section 1018.3. Journal of proceedings; recording and
8withholding of vote.

9Section 1018.4. Signing and attesting ordinances.

10Section 1018.5. Proposed ordinances; titles.

11Section 1018.6. Reading of proposed ordinances; final
12enactment.

13Section 1018.7. Payments not authorized by law.

14Section 1018.8. Time of taking effect of ordinances.

15Section 1018.9. Publication of proposed ordinances.

16Section 1018.10. Filing of proposed ordinances.

17Section 1018.11. Records of ordinances maintained by city
18clerk.

19Section 1018.12. Proof and evidence.

20Section 1018.13. Standard or nationally recognized codes.

21Section 1018.14. Maps, plans or drawings.

22Section 1018.15. Codification of ordinances.

23Section 1018.16. Enforcement of ordinances; recovery and
24payment of fines and penalties.

25Section 1018.17. Penalty.

26(b) Initiating Ordinances by Electors

27Section 1030. Initiation of Proposed Ordinances by Petition;
28Exceptions.

29Section 1031. Petition; Notice.

30Section 1032. Signing; Oath.

1Section 1033. Number of Signatures; Examination and Certificate
2by City Clerk.

3Section 1034. Submission to Council.

4Section 1035. Actions by Council; Notices.

5Section 1036. Form of Ballot on Submission to Vote.

6Section 1037. Effect of Majority Vote.

7Section 1038. No Repeal Within Two Years.

8Section 1039. Number of Proposed Ordinances to be Submitted;
9Elections Limited.

10Section 1040. Submission for Repeal by Council.

11Section 1041. Publication of Proposed Ordinance; Repeal or
12Amendment.

13(c) Reconsidering Ordinances by Electors

14Section 1050. Time Ordinances Go Into Effect.

15Section 1051. Petition; Reconsideration of Ordinance.

16Section 1052. Preparation of Petition by City Clerk; Notice.

17Section 1053. Additional Petitions.

18Section 1054. Signatures; Oath; Time of Signing.

19Section 1055. Presentation of Petition to Council.

20Section 1056. Ascertainment of Number of Signers; Report.

21Section 1059. Effect of Petition; Submission to Voters.

22Section 1060. Certification to County Board of Elections;
23Ballots or Ballot Labels; Expense of Elections.

24Section 1061. Form of Ballot or Ballot Label.

25Section 1062. Computing and Filing Returns.

26Section 1063. Effect of the Vote.

27Section 1064. Publication of Ordinance Before Election.

28ARTICLE XI

29THE EXECUTIVE DEPARTMENT

30Section 1101. Executive Departments.

1Section 1102. Determination of Powers and Duties of
2Departments.

3Section 1103. Designation of Department Directors; Changes.

4Section 1104. Department Directors Responsible for City
5Property and Supplies; Perpetual Inventory Reports.

6Section 1105. Quarterly Reports from Directors of Departments.

7ARTICLE XII

8THE MAYOR

9Section 1201. Qualifications.

10Section 1202. Chief Executive; Inauguration.

11Section 1203. Execution of Laws; Powers of Sheriff Conferred;
12Emergency Powers.

13Section 1204. Official Seal of Mayor.

14Section 1205. Supervision of Conduct of City Officers.

15Section 1206. Report of Mayor to Council; Information from
16Directors of Departments.

17Section 1207. Power to Take Acknowledgments and Oaths and to
18Formalize Marriages.

19Section 1208. Salary.

20Section 1209. Acting Mayor; Powers and Duties.

21ARTICLE XII-A

22CITY ADMINISTRATOR OR MANAGER

23Section 1201-A. Office of city administrator or manager.

24Section 1202-A. Appointment; selection; removal.

25Section 1203-A. Employment agreement.

26Section 1204-A. Residency and elective city office.

27Section 1205-A. Powers and duties.

28ARTICLE XIV

29THE CITY TREASURER

30Section 1401. Qualifications.

1Section 1402. Bond; Insurance; Salary.

2Section 1402.1. City Treasurer to be Tax Collector.

3Section 1402.2. Date of Delivery of Duplicate; Collection.

4Section 1402.3. Tax Liens; Schedule of Uncollected Taxes;
5Liability for False Return.

6Section 1403. Receipt and Payment of Moneys; Daily Transmittal
7of Receipts; Duplicates.

8Section 1404. Method of Keeping Accounts.

9Section 1405. Moneys Appropriated Only to be Paid Out.

10Section 1406. Depositories of City Funds Entrusted to the
11Treasurer by City Council.

12Section 1407. Delivery of City Property in Treasurer's
13Possession to Successor.

14Section 1408. Appointment of Deputy Treasurer and Employes;
15Powers; Responsibility.

16ARTICLE XV

17THE CITY ENGINEER

18Section 1501. Appointment of City Engineer.

19Section 1502. Control of Engineering Matters.

20Section 1503. Duties.

21Section 1504. Certifying Commencement and Completion of
22Municipal Improvements.

23Section 1505. Surveys; Entering Upon the Lands of Others.

24ARTICLE XVI

25THE CITY SOLICITOR

26Section 1601. Appointment of City Solicitor.

27Section 1602. Direction of Legal Matters.

28Section 1603. Duties.

29Section 1604. Written Opinions to be Furnished.

30Section 1607. Satisfaction of Liens Due City.

1Section 1609. Assistant Solicitor.

2Section 1610. Special Counsel.

3ARTICLE XVII

4THE CITY CONTROLLER

5AND INDEPENDENT AUDITOR

6(a) City Controller

7Section 1701. Qualifications; Bond; Compensation.

8Section 1704. Powers and Duties.

9Section 1704.1. Deputy Controller; Employes.

10Section 1704.2. Temporary Deputy Controller.

11Section 1704.3. Continuation of Office.

12(b) Independent Auditor

13Section 1704.11. Appointment of Independent Auditor.

14Section 1704.12. Powers and Duties of Independent Auditor.

15Section 1705. Annual Report to Council; Filing Copy in Court
16and Appeal.

17ARTICLE XVIII

18ACCOUNTS AND FINANCES

19Section 1801. Fiscal Year.

20Section 1802. Chief Fiscal Officer; Bond; Administering Oaths.

21Section 1803. Deputy.

22Section 1804. Regulations Concerning Appropriation.

23Section 1804.1. Investment of City Funds.

24Section 1805. Countersigning Documents; Money Available;
25Evidence Required.

26Section 1806. Record of Assets, Property, Trusts, Debts Due,
27Receipts and Expenditures.

28Section 1807. Supervision of Accounts of Departments.

29Section 1808. Suggestions for Improvement of City Finances.

30Section 1809. Annual Budget; Presentation to Council; Notice;

1Revision; Adoption.

2Section 1810. Amending Budget; Notice.

3Section 1811. Appropriations; Tax Rate; Limitations.

4Section 1811.2. Borrowing in Anticipation of Current Revenue.

5Section 1812. Annual Reports; Publication; Filing Report with
6Department of Community and Economic Development;
7Penalty.

8Section 1813. Committee to Prepare Uniform Forms.

9Section 1814. Annual Reports to Council on Insurance and Bonds.

10ARTICLE XIX

11CONTRACTS

12Section 1901. Power to Make and Regulate Awarding of Contracts.

13Section 1901.1. Contracts or Purchases in Excess of Base Amount 
14of Eighteen Thousand Five Hundred Dollars.

15Section 1901.2. Contracts or Purchases Not in Excess of Base 
16Amount of Eighteen Thousand Five Hundred Dollars.

17Section 1901.3. Determining Amount of Contract.

18Section 1901.4. Contracts or Purchases Not Requiring
19Advertising or Bidding.

20Section 1901.5. Receipt, Opening, Award or Rejection of Bids.

21Section 1901.6. Bid, Performance and Payment Security.

22Section 1901.7. Compliance With Other Laws.

23Section 1901.8. Prohibitions.

24Section 1901.9. Lowest Responsible Bidder.

25Section 1902. Evasion of Advertising Requirements.

26Section 1903.1. Adjustment to Base Amount Based on Consumer
27Price Index for All Urban Consumers.

28Section 1906. Designation of Appropriations; Certification in
29Excess of Appropriation; Contracts for Governmental
30Services for More than One Year.

1Section 1908.1. Purchase Contracts for Petroleum Products; Fire
2Company, Etc., Participation.

3Section 1909. Separate Bids for Plumbing, Heating, Ventilating
4and Electrical Work, Elevators and Escalators.

5Section 1910. Acceptance by Contractor of Workers' Compensation
6Act.

7Section 1911. Contracts for Improvements; Assignment of
8Assessments.

9Section 1912. Architects and Engineers in Employ of City;
10Prohibitions from Bidding on Public Works; Penalty.

11Section 1916. Contracts with Passenger or Transportation
12Companies.

13Section 1917. Sales of Real and Personal Property.

14Section 1919. Sale of Real and Personal Property to Certain
15Entities.

16ARTICLE XX

17POLICE FORCE

18Section 2001. Appointment, Number, Rank, Compensation and
19Qualifications of Police Officers.

20Section 2002. Designation of Chief.

21Section 2003. Extra Police Officers; Compensation.

22Section 2005. Powers of Police Officers to Arrest.

23Section 2006. Service of Process; Fees; Payment into Treasury.

24Section 2007. Supervision by Mayor.

25Section 2008. Extra Compensation Prohibited; Exception;
26Penalty.

27Section 2009. Compensation or Insurance for Volunteer Police
28Officer.

29Section 2010. School Crossing Guards.

30ARTICLE XXI

1FIRE BUREAU

2Section 2101. Organization of Fire Bureau; Maintenance;
3Apparatus.

4Section 2101.1. Appointment and Demotion of Fire Chief.

5Section 2102. Paid Bureau; Election of Officers and Companies.

6Section 2103. Platoon System; Hours of Service.

7Section 2104. Fire Marshal; Powers.

8Section 2105. Obstructing Fire Marshal; Fine.

9Section 2106. Investigation of Cause of Fire; Power of Mayor.

10Section 2107. Fire Chief Ex-officio Fire Marshal.

11Section 2108. Compensation Insurance for Injured Volunteer
12Firefighters or Special Fire Police.

13Section 2109. Salary of Nonunion City Fire Officers.

14ARTICLE XXII

15SURVEYS AND SURFACE SUPPORT

16IN COAL MINING AREAS

17Section 2203. Survey of Mines.

18Section 2204. Operators to Furnish Maps; Contents.

19Section 2205. Extensions to be Placed on Maps.

20Section 2206. Certain Surface Supports Not to be Removed.

21Section 2207. Penalty for Surface Support Violations.

22Section 2209. Enactment of Ordinances.

23ARTICLE XXIII

24PUBLIC HEALTH

25(a) Board of Health

26Section 2301. Board of Health.

27Section 2302. Members of Appointed Boards of Health.

28Section 2303. Oath of Office; Organization; Secretary.

29Section 2304. Duties of Secretary.

30Section 2305. Health Officer; Qualifications; Oath.

1Section 2306. Duties of Health Officer.

2Section 2307. Duties of Board of Health.

3Section 2308. Powers of Board of Health.

4Section 2309. Effect of Rules and Regulations.

5Section 2310. Fees and Penalties.

6Section 2311. Proceedings of Board to be Public.

7(b) Public Nuisances Detrimental

8to Public Health

9Section 2320. Determination of Public Nuisances.

10Section 2321. Abatement of Public Nuisances by Designated
11Department.

12(c) Corporations Acting as Boards of Health

13Section 2330. Board of Directors of Corporation to be Appointed
14Members of Board of Health.

15Section 2332. Power of Board.

16Section 2333. Health Officer.

17Section 2334. Secretary.

18Section 2335. Filling of Vacancies.

19Section 2337. No Compensation for Members.

20Section 2338. Applicability of Subdivision.

21(d) Penalty

22Section 2340. Penalty.

23ARTICLE XXIV

24CORPORATE POWERS

25Section 2402. Powers of Cities.

26Section 2402.1. City Property and Affairs.

27Section 2403. Payment of Debts and Expenses.

28Section 2404. Creation of Capital and Operating Reserve Funds.

29Section 2405. Hiring of Employes; Salaries.

30Section 2406. Creation of Necessary Offices or Boards.

1Section 2407. Lockups.

2Section 2408. Market Places.

3Section 2409. Accumulation of Ashes, Garbage, Solid Waste and
4Refuse Materials.

5Section 2410. Regulation of Pets and Feral Animals.

6Section 2411. Inspection and Regulation of Fireplaces,
7Chimneys, Et Cetera; Smoke Regulations.

8Section 2412. Fireworks and Flammable Articles.

9Section 2413. Regulation of Division Fences, Party Walls,
10Foundations.

11Section 2414. Nuisances.

12Section 2415. Regulation of Encroachments.

13Section 2416. Shade Trees.

14Section 2417. Numbering of Buildings.

15Section 2418. Transportation Stands.

16Section 2419. Police Force.

17Section 2420. Police Regulations.

18Section 2421. Rewards.

19Section 2422. Prevent Riots.

20Section 2423. Regulate Discharge of Guns and Deadly Weapons.

21Section 2424. Racing; Dangerous Practices; Et Cetera.

22Section 2425. Bathing; Recreational Swimming Establishments;
23Boat Houses and Bath Houses.

24Section 2426. Musical Entertainment.

25Section 2427. Aid to Historical Societies.

26Section 2428. Establishment of Institutions to Collect
27Educational Collections.

28Section 2429. Ambulances and Rescue and Life Saving Services.

29Section 2430. Insurance.

30Section 2431. Parking Lots.

1Section 2432. Disorderly Conduct.

2Section 2433. Official Expenses on City Business.

3Section 2434. Municipality Authorities; Cooperation with Other
4Political Subdivisions.

5Section 2435. Local Self-Government.

6Section 2436. Historical Property.

7Section 2437. Appropriations for Handling, Storage and
8Distribution of Surplus Foods.

9Section 2438. Junk Dealers and Junk Yards.

10Section 2439. Appropriations for Industrial Promotions.

11Section 2440. Non-debt Revenue Bonds.

12Section 2441. Appropriations for Urban Common Carrier Mass
13Transportation.

14Section 2442. Appropriation for Nonprofit Art Corporation.

15Section 2443. Ratification and Validation of Real Estate Sales.

16Section 2444. Maintenance and Validation of Certain Records.

17Section 2445. Rights Within Streets and Rights-of-Way.

18Section 2446. Emergency Services.

19Section 2447. Charitable Purposes.

20ARTICLE XXV

21TAXATION

22(a) Assessments of Property for Taxation

23Section 2522. Assessment Powers.

24(b) Levy and Collections

25Section 2531. Tax Levies.

26Section 2531.1. Exemptions from Taxation.

27Section 2531.2. Certification of Schedule.

28(c) Sales of Real Estate for Delinquent Taxes

29Section 2542.1. Public Sale of Property to Satisfy Tax Claims.

30Section 2543. Certification of Schedules to Treasurer.

1Section 2546. Record of Sales and Resale.

2Section 2562.1. Conduct of Tax Sales.

3ARTICLE XXVI

4LICENSES AND LICENSE FEES

5Section 2601. Licensing and Regulatory Powers.

6Section 2601.1. Registration of Businesses or Occupations.

7Section 2602. Regulation of Motor Vehicles.

8Section 2603. Licensing of Plumbers.

9Section 2604. Power to Regulate and License Transient
10Merchants.

11Section 2605. Regulation of Special Events.

12Section 2650. Regulation of Parking Lot and Parking Garage
13Operators.

14Section 2651. Farmers.

15Section 2652. Insurance Business.

16Section 2653. Persons Taking Orders by Samples.

17Section 2654. Commonwealth License Saved.

18ARTICLE XXVII

19REAL ESTATE REGISTRY

20Section 2704. Real Estate Registry.

21ARTICLE XXVII-A

22NUISANCE ABATEMENT

23Section 2701-A. Definitions.

24Section 2702-A. Report and investigation of public nuisance.

25Section 2703-A. Summary abatement.

26Section 2704-A. Prior notice of abatement.

27Section 2705-A. Abatement by owner.

28Section 2706-A. Appeal after notice; hearing.

29Section 2707-A. Abatement by city after notice; statement of
30costs.

1Section 2708-A. Assistance in abatement.

2Section 2709-A. Salvage of material.

3Section 2710-A. Notice of assessment; appeal of charges.

4Section 2711-A. Personal liability of owner.

5Section 2712-A. Administrative fee and civil penalties.

6ARTICLE XXVIII

7EMINENT DOMAIN

8Section 2801. Exercise of Eminent Domain.

9Section 2802. Restrictions as to Certain Property.

10Section 2803. Title Acquired.

11Section 2824. Assessment Awards.

12ARTICLE XXIX

13STREETS

14Section 2901. Map of Streets.

15Section 2902. Laying Out Streets.

16Section 2903. Effect of Laying Out of Street.

17Section 2904. Improvements Within Laid-Out Streets.

18Section 2915. Power to Open, Etc.

19Section 2916. Ordinances When No Petition is Presented.

20Section 2917. Erection of Improvements Restricted.

21Section 2918. Petition for Opening, Etc.

22Section 2919. Notice of Petition.

23Section 2922. Assessment of Damages and Benefits.

24Section 2930. Power to Grade, Pave, Macadamize, Et Cetera.

25Section 2931. Payment of Cost of Improvement.

26Section 2938. Preparation of Streets for Paving or Repairing.

27Section 2939. Highways in Cities.

28Section 2950. Grade Crossing; Pennsylvania Public Utility
29Commission; Jurisdiction; Damages.

30Section 2955. Acquisition of Unobstructed Views.

1Section 2960. Use of Abutting Lands for Embankments, Slopes,
2Fills, and Culverts.

3Section 2970. Appropriation for Connections with Highways.

4Section 2975. Street Closings; Detours.

5Section 2985. Maintenance of Streets Forming Boundaries.

6Section 2986. Streets, the Center Line of Which Is the Boundary
7Between City and Another Municipal Corporation.

8Section 2988. Streets More Than Half of Whose Width is Within
9City.

10Section 2989. Assessment for Improvements on Property Outside
11Limits Where Street Entirely Within City.

12ARTICLE XXX

13SIDEWALKS

14Section 3001. Power to Lay Out and Grade Sidewalks; Compel
15Construction of Sidewalks.

16Section 3002. Construction by Cities Upon Failure of Owner So
17to Do; Collection of Cost.

18Section 3002.1. Ordinances.

19Section 3003. Emergency Repairs; Notice; Cost.

20ARTICLE XXXI

21BRIDGES

22Section 3101. Construction and Maintenance of Bridges.

23Section 3102. Ordinance for Location of Bridges; Procedure.

24Section 3103. Right to Appropriate Property; Assessment of
25Damages.

26Section 3110. Agreement for Joint Construction and Maintenance.

27Section 3114. Recording of Contract.

28Section 3115. Power to Construct Boundary Bridges.

29Section 3135. Acquisition of Existing Bridges.

30ARTICLE XXXII

1SANITARY SEWERS

2Section 3201. Construction of Sanitary Sewers; Cost; Eminent
3Domain.

4Section 3201.1. Required Connection; Fees.

5Section 3206. Construction of Sanitary Sewage Treatment Works;
6Assessment of Cost.

7Section 3213.1. Rental Fees or Charges.

8Section 3222.1. Acquisition of Existing Sanitary Sewer Systems.

9Section 3230. Sewers Outside Cartway and Curb Lines.

10Section 3240. Building Joint Sewers.

11Section 3241. Approval of Department of Environmental
12Protection.

13Section 3245.1. Municipal Corporation; Municipal Authority;
14Agreements for Connections; Appointment of Viewers.

15Section 3250. Sewers Extending Outside of City.

16ARTICLE XXXIV

17WATERCOURSES, FLOOD PROTECTION PROJECTS

18AND STORM WATER SYSTEMS

19Section 3401. Establishing and Changing Watercourses, Flood
20Protection Projects and Storm Water Systems; Removing
21Obstructions.

22Section 3407. Assessment of Benefits; Liens.

23Section 3408. Waters Excepted.

24ARTICLE XXXV

25UTILITY SERVICE

26Section 3501.1. Right to Furnish Water, Lighting, Electric, Gas
27or Other Similar Utility Service.

28Section 3540.1. Power to Furnish Utilities to Consumers Outside
29City.

30Section 3585. Payment of Cost of Extensions.

1Section 3587. Fixing Rates.

2Section 3588. Collection of Utility Charges.

3Section 3590. Disposition of Revenues.

4ARTICLE XXXVI

5PUBLIC BUILDINGS AND WORKS

6Section 3601. Public Buildings Generally.

7Section 3603. Payment of Cost of Erection and Maintenance.

8Section 3605. Donation of Land by City for Library Purposes;
9Contributions toward Maintenance.

10Section 3606. Rental of Public Auditorium; Disposition of
11Proceeds.

12Section 3607. Long-Term Improvement Leases.

13ARTICLE XXXVII

14PARKS, PLAYGROUNDS, AND RECREATION CENTERS

15Section 3703. Acquisition of Lands and Buildings.

16Section 3703.1. Powers of Council; Delegation.

17Section 3705. Creation and Composition of Recreation Board.

18Section 3706. Organization of Board.

19Section 3707. Joint Ownership and Maintenance.

20Section 3708. Borrowing.

21Section 3709. Maintenance and Tax Levy.

22Section 3709.1. City Trusts.

23Section 3718. Park Rangers.

24ARTICLE XLI-A

25UNIFORM CONSTRUCTION CODE, PROPERTY MAINTENANCE CODE,

26AND RESERVED POWERS

27Section 4101-A. Primacy of certain codes.

28Section 4102-A. Changes in Uniform Construction Code.

29Section 4103-A. Public nuisance.

30Section 4104-A. Property maintenance code.

1Section 4105-A. Reserved powers.

2ARTICLE XLII

3AERONAUTICS

4Section 4201. Power to Acquire Land for Aeronautical Purposes;
5Maintenance of Municipal Airport.

6Section 4203. Leasing of Land Acquired for Aeronautical
7Purposes.

8Section 4204. Operation of Facilities Jointly.

9Section 4205. Appropriation for Support of Air Navigation
10Facilities.

11ARTICLE XLIII

12PENSIONS

13(a) Police

14Section 4301. Police Pension Fund.

15Section 4302. Retirement; Final Discharge.

16Section 4302.1. Limited Vested Benefit.

17Section 4303. Allowances and Service Increments.

18Section 4303.1. Increase of Allowances After Retirement.

19Section 4303.2. Total Disability.

20Section 4304. Inalienable Rights in Fund.

21Section 4305. Payments to Police Pension Fund by City.

22Section 4306. Management of Police Pension Fund.

23Section 4307. Trusts for Benefit of Police Pension Fund.

24Section 4308. Repayment Before Retirement.

25Section 4309. Definitions.

26(b) Firefighters

27Section 4320. Firefighters' Pension Fund; Management; Annuity
28Contracts.

29Section 4320.1. Limited Vested Benefit for Firefighters.

30Section 4321. Retirement; Final Discharge.

1Section 4322. Pensions and Service Increments.

2Section 4322.1. Increase of Allowances After Retirement.

3Section 4323. Causes for Forfeiture of Rights in Fund; Other
4Employments.

5Section 4324. Payments to Firefighters' Pension Fund by City.

6Section 4325. Transfers from Other Pension Funds.

7Section 4326. Trusts for Benefit of Firefighters' Pension Fund.

8Section 4327. Repayment Before Retirement.

9Section 4328. Definitions.

10(c) Pension Funds for Employes Other Than

11Police Officers and City-Paid Firefighters

12Section 4340. Pension Funds for Employes other than Police or
13City-Paid Firefighters.

14Section 4341. Pension Board; Duties.

15Section 4342. Retirement Age.

16Section 4343. Retirement Allowance; Proof of Disability; Joint
17and Single Coverage Members Defined.

18Section 4343.1. Retirement Allowances; Full Coverage; Payments.

19Section 4343.2. Limited Vested Benefit.

20Section 4344. Amount of Payments into Fund; Repayment before
21Retirement.

22Section 4344.1. Determination of Liability Upon Extension of
23Social Security.

24Section 4345. Payments by Laborers Optional.

25Section 4346. Heads of Departments to Certify List of Employes.

26Section 4347. Receipt, Investment and Payment of Funds.

27Section 4348. Appropriations and Contributions to Fund.

28Section 4349. Application.

29Section 4350. Computation of Time of Service.

30Section 4351. Funds Payable to be Free of Attachment.

1Section 4352. Definitions.

2Section 4353. Beneficiaries of Fund not to be Employed by City.

3(d) Beneficiaries Serving in Elective Office

4Section 4361. Right to a Pension if Salary Refused.

5ARTICLE XLIV

6CIVIL SERVICE

7Section 4401. Examinations Required of All Appointees.

8Section 4402. Appointment of Examining Board.

9Section 4402.1. Existing Civil Service Positions.

10Section 4403. Terms; Filling of Vacancies; Compensation;
11Quorum.

12Section 4403.1. Alternate Board Members.

13Section 4403.2. Investigations and Subpoenas.

14Section 4404. Rules and Regulations; Examinations.

15SECTION 4404.1. Physical and Psychological Medical
16Examinations.

17Section 4405.1. Veterans' Preference.

18Section 4406. Selection of Appointee from Certified List of
19Applicants.

20Section 4406.1 Promotions.

21Section 4407. Tenure; Temporary Appointments.

22Section 4408. Suspension, Discharge and Discipline; Reduction
23of Employes; Appeals.

24Section 4409. Secretary; Compensation.

25Section 4410. Review of Eligibility Lists.

26ARTICLE XLIV-A

27VETERANS' AFFAIRS

28(a) Support of Veterans' Organizations

29Section 4401-A. Appropriation to post of veterans.

30Section 4402-A. Rooms for meetings of veterans.

1(b) Pennsylvania National Guard

2Section 4411-A. Support of Pennsylvania National Guard units.

3Section 4412-A. Assistance in erection of armories.

4Section 4413-A. Eminent domain for National Guard purposes.

5Section 4414-A. Lands for armory purposes.

6(c) Burials and Memorials

7Section 4421-A. Purchase of burial grounds for deceased service
8persons.

9Section 4422-A. Care of memorials.

10Section 4423-A. Memorial trees.

11Section 4424-A. Penalty for injury to memorial trees.

12ARTICLE XLV-A

13ASSESSMENTS FOR PUBLIC IMPROVEMENTS

14Section 4501-A. Authority to assess.

15Section 4502-A. Method of assessment.

16Section 4503-A. Notice of assessment.

17Section 4504-A. Appeals to court.

18Section 4505-A. Benefits and damages.

19Section 4506-A. Return by city of assessments paid on property
20unlawfully assessed.

21Section 4507-A. Payment of assessments in installments.

22Section 4508-A. Collection of assessments.

23ARTICLE XLVI

24COLLECTION OF MUNICIPAL CLAIMS BY SUIT AND

25COMPROMISE OF CLAIMS

26Section 4601. Collection of Municipal Claims by Suit.

27Section 4602. Compromise of Municipal Claims.

28ARTICLE XLVII

29ACTS OF ASSEMBLY REPEALED; SAVING CLAUSE

30Section 4701. Repeals and Savings Clause.

1The General Assembly of the Commonwealth of Pennsylvania
2hereby enacts as follows:

3Section 1. Article I heading of the act of June 23, 1931
4(P.L.932, No.317), known as The Third Class City Code, reenacted
5and amended June 28, 1951 (P.L.662, No.164), is reenacted to
6read:

7ARTICLE I

8PRELIMINARY PROVISIONS

9Section 2. Sections 101, 102, 103, 104, 105, 106, 107, 108
10and 109 of the act are amended to read:

11Section 101. Short Title.--This act shall be known[,] and
12may be cited[,] as "The Third Class City Code."

13Section 102. Definitions.--The following words and terms, as
14used in this act, shall have the meanings herein assigned to
15them, unless the context clearly indicates otherwise:

16["City," a city of the third class.

17"Street," any street, avenue, boulevard, parkway, road, lane,
18court, alley, or public square within the city, and any highway
19within the city, as provided in section two thousand nine
20hundred thirty-nine of this act.

21"Highway," a state highway of the Commonwealth of
22Pennsylvania.

23"Bill," any] "Bill." Any proposed ordinance introduced in
24council.

25"City." A city of the third class.

26"Highway." A State highway of the Commonwealth.

27"Home Rule Charter and Optional Plans Law." The provisions
28of 53 Pa.C.S. Pt. III Subpt. E (relating to home rule and
29optional plan government) and, where applicable, the former act
30of April 13, 1972 (P.L.184, No.62), known as the "Home Rule

1Charter and Optional Plans Law."

2"Municipal authority" or "municipality authority." A body
3politic and corporate created under 53 Pa.C.S. Ch. 56 (relating
4to municipal authorities), under the former act of May 2, 1945
5(P.L.382, No.164), known as the "Municipality Authorities Act of
61945," or under the former act of June 28, 1935 (P.L.463,
7No.191), known as the "Municipality Authorities Act of one
8thousand nine hundred and thirty-five."

9"Municipal Claim and Tax Lien Law." The act of May 16, 1923
10(P.L.207, No.153), referred to as the Municipal Claim and Tax
11Lien Law.

12"Municipal corporation." A city, borough, incorporated town,
13or township.

14"Municipalities Planning Code." The act of July 31, 1968
15(P.L.805, No.247), known as the "Pennsylvania Municipalities
16Planning Code."

17"Municipality." A county, city, borough, incorporated town,
18or township.

19"Pennsylvania Construction Code Act." The act of November
2010, 1999 (P.L.491, No.45), known as the "Pennsylvania
21Construction Code Act."

22"Pennsylvania Election Code." The act of June 3, 1937
23(P.L.1333, No.320), known as the "Pennsylvania Election Code."

24"Street." Any street, avenue, boulevard, parkway, road,
25lane, court, alley or public square within the city, and any
26highway within the city to the extent that the city is legally
27responsible for it, pursuant to agreement or otherwise.

28Section 103. Excluded Provisions.--This act shall not be
29construed to repeal any acts relating to:

30(a) The collection of municipal and tax claims by liens;

1(b) The method of incurring and increasing [of] city
2indebtedness;

3(c) Conduct of elections;

4(d) Public schools, except the collection of school taxes by
5the city treasurer;

6(e) [Aldermen] (Reserved);

7(f) Constables;

8(g) The giving of municipal consent to public [service
9companies] utilities;

10(h) Weights and measures;

11(i) Validations of elections, bonds, ordinances, and acts of
12corporate officers;

13(j) Joint city and county buildings;

14(k) Libraries;

15(l) State highways;

16(m) The joint or several authorities or duties pertaining to
17cities as well as to other classes of political subdivisions by
18virtue of general acts of Assembly.

19Section 104. Construction of Act Generally to Preserve
20Existing Situations.--(a) The provisions of this act, so far as
21they are the same as those of existing laws, are intended as a
22continuation of such laws and not as new enactments. The repeal
23by this act of any act of Assembly, or part thereof, shall not
24revive any act, or part thereof, heretofore repealed or
25superseded, nor affect the corporate existence of any city
26heretofore incorporated. The provisions of this act shall not
27affect any act done, liability incurred, or right accrued or
28vested, or affect any suit or prosecution pending or to be
29instituted to enforce any right or penalty or punish any offense
30under the authority of such repealed laws. All ordinances,

1resolutions, regulations and rules made pursuant to any act of
2Assembly repealed by this act[,] shall continue with the same
3force and effect as if such act had not been repealed. Any
4person holding office or position under or by virtue of any act
5of Assembly repealed by this act shall continue to hold such
6office or position until the expiration of the term thereof,
7subject to the conditions and tenure attached to such office or
8position prior to the passage of this act.

9(b) A city shall possess, and city council and other city
10officials may execute, the corporate powers and duties as
11provided in this act and in other laws to the extent that these
12powers and duties are not repealed by this act.

13Section 105. Constitutional Construction.--The provisions of 
14this act shall be severable[, and, if]. If any of its provisions 
15shall be held to be unconstitutional, the decision so holding 
16shall not be construed to affect the validity of any of the 
17remaining provisions of this act. It is hereby declared as the 
18legislative intent that this act would have been adopted had 
19such unconstitutional provisions not been included therein.

20Section 106. Construction of References.--Whenever in this 
21act reference is made to any act by title or otherwise, [such] 
22the reference shall be construed to apply to and include any 
23codification wherein the provisions of the act referred to are 
24substantially reenacted.

25Section 107. Cities to Which Act Applies.--(a) This act
26shall apply to [(a) all]:

27(1) All cities which have been incorporated under or which
28have accepted the provisions of the act of [Assembly, approved
29the twenty-third day of May, one thousand eight hundred and
30seventy-four (Pamphlet Laws 230)] May 23, 1874 (P.L.230,
 

1No.152), entitled "An act dividing cities of this State into
2three classes; regulating the passage of ordinances; providing
3for contracts for supplies and work for said cities; authorizing
4the increase of indebtedness, and the creation of a sinking fund
5to redeem the same; defining and punishing certain offenses in
6all of said cities; and providing for the incorporation and
7government of the cities of the third [class," and the
8amendments thereto; (b) all] class."

9(2) All cities which have been incorporated under the
10provisions of the act of May [twenty-third, one thousand eight
11hundred and eighty-nine (Pamphlet Laws 277)] 23, 1889 (P.L.277, 
12No.247), entitled "An act providing for the incorporation and
13government of cities of the third [class," and the amendments
14thereto; (c) all] class."

15(3) All cities which have been incorporated under the
16provisions of the act of [Assembly, approved June twenty-
17seventh, one thousand nine hundred and thirteen (Pamphlet Laws
18568)] June 27, 1913 (P.L.568, No.367), entitled "An act
19providing for the incorporation, regulation, and government of
20cities of the third class; regulating nomination and election of
21municipal officers therein; and repealing, consolidating, and
22extending existing laws in relation [thereto," and the
23amendments thereto; (d) all] thereto."

24(4) All cities formed by the consolidation of boroughs
25having voted separately to become cities in accordance with the
26provisions of the act[, approved May twenty-fourth, one thousand
27nine hundred and seventeen (Pamphlet Laws 262)] of May 24, 1917 
28(P.L.262, No.143), entitled "An act to enable two or more
29boroughs that are contiguous or in close proximity to be united
30and to become one city, wherever each of said boroughs shall

1have heretofore voted or shall hereafter vote to become a city
2of the third class, under laws now enacted or which may
3hereafter be enacted; and wherever each of said boroughs has
4duly received or shall hereafter duly receive letters patent
5constituting it a city of the third class, but where sufficient
6time shall not have elapsed after the granting of such letters
7patent for the holding of a municipal election; providing for
8the consequences of such consolidation, the government of such
9consolidated city, the payment of the indebtedness of each of
10the united territories and the enforcement of debts and claims
11due to and from each, and fixing the jurisdiction over the said
12consolidated city in the courts of the county in which the
13majority of its inhabitants shall [reside"; and (e) all] 
14reside."

15(5) All cities incorporated under the provisions of this act
16[as therein provided].

17(b) This act shall not be construed as a limitation on the
18ability of a city to do any of the following:

19(1) To continue operating under the form of government
20previously selected and exercising powers previously acquired by
21the city in accordance with the act of July 15, 1957 (P.L.901,
22No.399), known as the "Optional Third Class City Charter Law."

23(2) To adopt or continue utilizing a form of government and
24to acquire or continue exercising powers pursuant to an optional
25plan or a home rule charter which have been or may be adopted in
26accordance with the "Home Rule Charter and Optional Plans Law."

27Section 108. Effective Date.--This act shall go into effect
28on the first day of July, one thousand nine hundred and thirty-
29one. [This reenactment, revision, amendment and consolidation of
30the laws relating to cities of the third class shall become

1effective on the first Monday of January, one thousand nine
2hundred fifty-two.]

3Section 109. Publication of Notices.--Whenever, under the
4provisions of this act, advertisement, notice, or publication is
5required to be published in [one] a newspaper, [such] the
6publication shall be made one time, unless the provision 
7requiring publication specifies otherwise, in [a] at least one
8newspaper of general circulation, as defined [by the Newspaper
9Advertising Act of May sixteen, one thousand nine hundred and
10twenty-nine (Pamphlet Laws 1784), printed] in 45 Pa.C.S. § 101 
11(relating to definitions), published in the city, if there is
12such a newspaper, and if not, then in a newspaper of general 
13circulation circulating generally in [such] the city. If such
14notice is required to be published in more than one newspaper,
15it shall be published in at least one newspaper of general
16circulation, defined as aforesaid, [printed] published, if there
17be such a newspaper, or circulating generally as above provided
18in the city. When [such] the notice relates to any proceeding or
19matter in any court, or the holding of an election for the
20increase of indebtedness, or the issue and sale of bonds to be
21paid by taxation, [such] the notice shall also be published in
22the legal newspaper, if any, designated by the rules of court of
23the proper county for the publication of legal notices and
24advertisements, unless such publication be dispensed with by
25special order of court: Provided, however, That ordinances,
26auditor's statements, summaries of auditor's statements,
27advertisements inviting proposals for public contracts and for
28bids for materials and supplies, or lists of delinquent
29taxpayers, shall be published only in newspapers of general
30circulation, defined as aforesaid.

1Section 3. Article II heading of the act is amended to read:

2ARTICLE II

3PROCEDURES FOR INCORPORATION

4Section 4. The act is amended by adding a section to read:

5Section 200. Definitions.--The following words and terms, as
6used in this article, shall have the meanings assigned to them
7in this section, unless the context clearly indicates otherwise:

8"Incorporation resolution." A resolution to submit, at any
9general or municipal election, a referendum question to the
10registered voters of a municipal corporation.

11"Municipal corporation." A borough, a township of the first
12class, a township of the second class or an incorporated town.

13"Referendum question." The question of whether a municipal
14corporation shall become incorporated as a city of the third
15class to be known as the "City of ........................."

16Section 5. Section 201 of the act is amended to read:

17Section 201. Creation of Cities.--Cities of the third class
18shall be chartered [whenever a majority of the electors of any
19town, township, or borough, or any two or more contiguous towns,
20townships, or boroughs, or any combination thereof, situate
21within the limits of the same county or situate in two or more
22contiguous counties, and having separately or together, as the
23case may be, a population of at least ten thousand according to
24the last preceding United States census, shall each separately
25vote at any general or municipal election in favor of the same.]
26as follows:

27(1) A single municipal corporation, having a population of
28at least ten thousand according to the last preceding United
29States census, may be incorporated as a city in accordance with
30this article, if a majority of the registered voters in the

1municipal corporation cast an affirmative vote in favor of the
2referendum question.

3(2) Two or more contiguous municipal corporations, having
4together a population of at least ten thousand according to the
5last preceding United States census, may be incorporated as a
6city by utilizing 53 Pa.C.S. Ch. 7 Subch. C (relating to
7consolidation and merger) and, in accordance therewith,
8determine whether the newly incorporated city shall be governed
9by this act and other general laws applicable to and governing
10cities.

11Section 6. Sections 202 and 203 of the act are repealed:

12[Section 202. Resolution to Submit Question to Electors.--
13The corporate authorities of any town, township, or borough, or
14of any contiguous towns, townships, or boroughs, as the case may
15be, may, on their own motion, or, upon petition of two hundred
16or more qualified electors thereof, shall, by resolution duly
17passed and recorded among the minutes, submit the question
18whether such town, township, or borough, or whether any
19contiguous towns, townships, or boroughs, shall become a city of
20the third class, to the qualified electors thereof, to be known
21as the "City of ........................."

22Section 203. Notice of Election.--The said corporate
23authorities shall give notice by the publication of said
24resolution, once a week for four successive weeks prior to the
25next general or municipal election, in not more than two
26newspapers of general circulation published or circulating
27generally in said towns, townships, and boroughs, in accord with
28the provisions of section 109 of this act.]

29Section 7. The act is amended by adding a section to read:

30Section 203.1. Incorporating Resolution.--(a) The governing

1body of a municipal corporation may adopt an incorporation
2resolution.

3(b) If two hundred or more registered voters of the
4municipal corporation petition the governing body of the
5municipal corporation for the adoption of a petition resolution,
6the governing body shall adopt the same.

7Section 8. Section 204 of the act is amended to read:

8Section 204. Resolution Certified to County Board of
9Election; Form of Question.--The [said corporate authorities
10shall certify said] governing body of a municipal corporation 
11that adopts an incorporation resolution shall certify the 
12incorporation resolution to the county board of elections of the
13proper county or counties[, who shall thereupon cause a proper
14question to be submitted to the qualified electors at the said
15general or municipal election in the said towns, townships, and
16boroughs, in the manner required by the Pennsylvania Election
17Code]. The county board of elections shall, at the general or 
18municipal election, in the manner required by the Pennsylvania 
19Election Code, submit a referendum question to the registered 
20voters of the municipal corporation that has certified an 
21incorporation resolution.

22Section 9. The act is amended by adding a section to read:

23Section 204.1. Notice of Election.--Notice of the election
24at which registered voters of a municipal corporation will be
25voting on a referendum question shall be given by the secretary
26or other person designated by the municipal corporation. The
27notice required by this section shall be published once a week
28for four successive weeks in a newspaper of general circulation
29in the municipal corporation in which the referendum question
30will be submitted to the registered voters.

1Section 10. Section 205 of the act, amended October 5, 1967
2(P.L.327, No.143), is amended to read:

3Section 205. Returns of Election.--[The county board of
4elections shall make return of the vote cast on the question
5submitted to the clerk of the court of the proper county or
6counties, and to the respective corporate authorities of the
7towns, townships and boroughs submitting such questions. If a
8majority of the votes cast in each such town, township and
9borough on the question shall be in favor of creating a city,
10then returns thereof shall also be made by the county board of
11elections to the Secretary of the Commonwealth and the
12Department of Community Affairs.] (a) In each county in which a 
13referendum question is submitted to the registered voters of a 
14municipal corporation, the county board of elections shall make 
15return of the vote cast on the referendum question to the clerk 
16of the court for that county, and to the governing body of the 
17municipal corporation in which registered voters voted on a 
18referendum question.

19(b) The county board of elections also shall make returns of
20the vote cast on the referendum to the Secretary of the
21Commonwealth and the Department of Community and Economic
22Development, if a majority of the votes cast by the registered
23voters of the municipal corporation are in favor of
24incorporating as a city.

25Section 11. Sections 206, 207, 208, 209 and 210 of the act
26are amended to read:

27Section 206. Effect of Vote Against [City Charter.--Whenever
28by the returns of the election in any town, township, or
29borough, it shall appear that in any one there is a majority
30against the city charter] Incorporating as City.--If the returns
 

1show that a majority of registered voters in a municipal 
2corporation voted "no" on the referendum question, no further
3proceeding shall be had, and it shall not be lawful to hold
4another election upon the referendum question in [such town,
5township, or borough] the municipal corporation until the third
6general or municipal election thereafter occurring.

7Section 207. Governor to Issue [Charter Where Vote for City
8Charter] Letters Patent; Boundaries.--If [it shall appear by the
9said returns that there is a majority of the votes cast on the
10question in each town, township, and borough, aforesaid, in
11favor of the city charter, the corporate authorities of all such
12towns, townships, and boroughs] the returns show that a majority 
13of registered voters in a municipal corporation voted "yes" on 
14the referendum question, the governing body of the municipal 
15corporation shall, within sixty days after [such] the election,
16furnish to the Secretary of the Commonwealth the necessary
17information with respect to the boundaries of the new city, and
18the Governor shall, as soon as may be, issue letters patent,
19under the Great Seal of the Commonwealth, reciting the facts,
20defining the boundaries of [said] the city, and constituting the
21same a body corporate and politic by the name of the City
22of.........................

23Section 208. Property of Entities Vested in City.--All of
24the property and estates whatsoever, real and personal, of the
25[towns, townships, and boroughs,] municipal corporations which
26shall have [thus] become a city in accordance with this article
27are hereby severally and respectively vested in the corporation
28or body politic of [said] the city[, by the name, style, and
29title given thereto] for the use and benefit of the citizens
30thereof.

1Section 209. Existing Governments [Preserved Temporarily;
2Organization of City.--The governments of the said towns,
3townships, and boroughs] Temporarily Preserved; City 
4Organization.--(a) The government of the municipal corporation
5shall continue in full force and operation, until the first
6Monday of January next succeeding the municipal election
7provided for in section 702 [of this act], at which time the
8officers of [said] the city chosen at [said] the municipal
9election shall enter upon their respective terms of service, and
10the city government shall be duly organized under this act.

11(b) Whenever, in the organization of the city government of
12any newly incorporated city, any person is [elected] appointed
13by council to any office for which this act provides a definite
14term and fixes a definite time for the election of persons
15thereto, the person so [elected] appointed shall serve only for
16such time as intervenes between [his election] the person's 
17appointment and the day fixed by this act for the regular
18election or appointment of such officer for a full term.

19Section 210. Existing Liabilities, Debts and Claims
20Transferred to New City.--[All suits, prosecutions, debts, and
21claims, whatsoever, of the said towns, townships and boroughs,
22shall thereupon become transferred to the said city, which in
23all suits pending shall be substituted as a party, and be under
24the management and control thereof. All valid claims and demands
25of whatsoever nature, whether payable presently or in the
26future, existing against the said towns, townships, and boroughs
27when the said charter shall go into operation, shall be
28enforceable against the said city. The bonds and floating
29indebtedness, and the interest thereon, of each of said towns,
30townships and boroughs, contracted prior to such consolidation,

1shall be paid by the said city thus organized and chartered, so
2that the taxes shall be uniform throughout the territorial
3limits of the whole city.] If a municipal corporation is 
4incorporated as a city in accordance with this article, the 
5following shall apply:

6(1) All suits, prosecutions, debts and claims, whatsoever,
7shall become transferred to the newly incorporated city.

8(2) All pending suits involving the municipal corporation
9shall be under the management and control of the newly
10incorporated city which shall be substituted as a party therein.

11(3) All valid claims and demands of whatsoever nature,
12whether payable presently or in the future, existing against the
13municipal corporation shall be enforceable against the city.

14(4) The bonds and floating indebtedness, and the interest
15thereon, existing at the time a municipal corporation became
16incorporated as a city in accordance with this article shall be
17paid by the newly incorporated city, so that the taxes shall be
18uniform throughout the territorial limits of the whole city.

19Section 12. Article II-A heading and sections 250, 251, 252,
20253, 254 and 255 of the act, added September 17, 1959 (P.L.913,
21No.363) are repealed:

22[ARTICLE II-A

23ALTERNATIVE PROCEDURE FOR INCORPORATION

24Section 250. Appointment of Charter Commission.--The
25corporate authorities of any town, township, or borough or of
26any combination of contiguous towns, townships or boroughs may
27and, upon petition of two hundred or more qualified electors
28thereof, shall petition the court of quarter sessions of the
29county in which such towns, townships or boroughs are situate,
30for the appointment of a charter commission to study and make

1recommendations on the adoption of a form of city government for
2such towns, townships or boroughs. Whenever any such towns,
3townships or boroughs, or combination thereof, are situate in
4more than one county, the petition shall be brought to the court
5of quarter sessions of the county in which the larger percentage
6of the population thereof are resident.

7The charter commission so appointed shall consist of not less
8than nine nor more than fifteen members who shall be qualified
9electors of the town, township or borough, and if the petition
10is brought on behalf of more than one town, township or borough,
11the charter commission shall be appointed from among qualified
12electors of each of such towns, townships or boroughs.

13In every case, at least three members of the charter
14commission shall be appointed from among the members of the
15governing bodies of the towns, townships or boroughs bringing a
16petition, and when two or more towns, townships or boroughs are
17party to the petition, the court shall appoint at least one
18member of the charter commission from among the members of the
19governing bodies of each of such towns, townships or boroughs.

20Section 251. Powers and Duties of Charter Commission.--The
21charter commission shall organize and function in accordance
22with the provisions of the Optional Third Class City Charter
23Law, and in so far as the same are applicable, shall exercise
24the same powers and perform the same duties as are conferred or
25imposed upon charter commissions elected under the provisions of
26the Third Class City Charter Law.

27Members of the charter commission shall serve without
28compensation, but shall be reimbursed by the towns, townships or
29boroughs for their necessary expenses incurred in the
30performance of their duties. The corporate authorities of the

1towns, townships or boroughs shall appropriate reasonable sums
2of money necessary for such purpose and for the work of the
3charter commission as provided in the Optional Third Class City
4Charter Law.

5The charter commission shall report its recommendations at
6the time and in the manner provided in the Optional Third Class
7City Charter Law. In its report, the charter commission shall
8recommend adoption of either the "commission" form of city
9government as provided in this act, or one of the optional forms
10of city government provided in the Optional Third Class Charter
11Law.

12Section 252. Election on the Question.--Within five days
13after the charter commission reports its recommendations, the
14corporate authorities of such towns, townships or boroughs shall
15certify a copy of the commission's report to the county board of
16elections, which shall cause the question of adoption or
17rejection to be placed upon the ballot or voting machines at
18such time as the commission shall in its report specify. The
19question shall be submitted to the electors in the manner and at
20the time provided in the Optional Third Class City Charter Law
21and shall be in the following form:

22Shall the.............................be incorporated into a

23 name of towns, townships or boroughs

24city of the third class to be known as the city of.............

25with a........................form of government providing for

26name of form

27..............................councilmen to be elected at large?

28number of councilmen

29Section 253. Return of Election; Effect of Vote.--(a) The
30county board of elections shall make return of the vote cast on

1the question as provided by law. If it appears that a majority
2of the votes cast in each such town, township or borough on the
3question shall be in favor of creating a city, the city shall be
4incorporated as provided in this act.

5(b) If, at such election, the electors have voted in favor
6of adopting the commission form of government provided in this
7act, the city officers shall be elected and the city shall be
8organized and governed under the provisions of this act, the
9same as though the election had been held under the provisions
10of article II. of this act.

11(c) If, at such election, the electors have voted in favor
12of adopting one of the optional forms of government provided in
13the Optional Third Class City Charter Law, the city shall be
14governed under the applicable provisions of the Optional Third
15Class City Charter Law, but the first city officers shall be
16elected in accordance with the provisions of this subsection.

17At the first municipal election occurring at least ninety
18days after the date of the letters patent issued by the Governor
19incorporating such city, the qualified electors of such city
20shall elect the city officers appropriate to such optional form
21of government. Except in the case of the first city council,
22such officers shall be elected for the terms provided in the
23Optional Third Class City Charter Law. The first councilmen
24elected in such city shall be divided into two groups. One group
25shall equal one more than one-half of all the councilmen and its
26members shall serve for terms of four years. The second group
27shall equal one less than one-half of all the councilmen and its
28members shall serve for terms of two years. The members of the
29first group shall be those councilmen receiving the greatest
30number of votes at their election, and the members of the second

1group shall be those councilmen receiving the next greatest
2number of votes at their election. If two or more councilmen
3received the same number of votes and one or more but not all of
4them will be included in the first group, they shall draw lots
5to determine which of them shall be included in the first group.
6Thereafter, all councilmen shall be elected for the terms
7provided in the Optional Third Class City Charter Law.

8The governments of the towns, townships and boroughs,
9comprising a city which elects its first officers under the
10provisions of this subsection, shall continue in full force and
11operation until the first Monday of January next succeeding such
12election, at which time the officers of such city shall enter
13upon their respective terms and the city government shall be
14duly organized under the Optional Third Class City Charter Law.

15(d) Whenever by the returns of the election in any town,
16township or borough, it shall appear that in any one there is a
17majority against the city charter and the form of city
18government recommended by the charter commission, no further
19proceedings shall be had and it shall not be unlawful to hold
20another election upon the same question in such town, township
21or borough during the period of four years following such
22election, but the provisions of this subsection shall not affect
23any proceedings under article II. of this act nor any subsequent
24proceedings under the Optional Third Class City Charter Law.

25Section 254. Proceedings are Additional.--The proceedings
26authorized by this article are in addition to, and not in
27substitution of, those proceedings authorized by article II. of
28this act, but it shall not be lawful to institute proceedings
29under either article while any proceedings under the other
30article are unconcluded.

1Section 255. Abandonment of Optional Form of Government.--
2Whenever, under the provisions of this article, the electors of
3any towns, townships or boroughs elect to incorporate a city
4with one of the optional forms of government provided in the
5Optional Third Class City Charter Law, and later, at an election
6held for that purpose under the Optional Third Class City
7Charter Law, elect to abandon such optional form of government,
8the city shall cease to be governed by the provisions of such
9charter plan and the Optional Third Class City Charter Law on
10the first Monday of January following the next succeeding
11municipal election, and shall thereafter be governed under the
12provisions of this act. The reversion to the form of government
13provided by this act shall take effect as provided in article
14VI. of the Optional Third Class City Charter Law for transition
15to an optional form of government in so far as applicable, and
16in addition any city offices which are elective under this act
17but are not elective under such optional form of government,
18shall be filled at such municipal election.]

19Section 13. Article III heading of the act is reenacted to
20read:

21ARTICLE III

22CHANGE OF CORPORATE TITLE

23Section 14. Sections 301, 302, 303 and 304 of the act are
24amended to read:

25Section 301. Resolution and Petition to Change Corporate 
26Title.--[Whenever the council of any city shall, by resolution, 
27decide to change the corporate title of such city, it shall 
28present its petition to the court of quarter sessions of the 
29county having jurisdiction over the municipal affairs of the 
30city, petitioning such court to change the corporate title
 

1thereof in accordance with the resolution, a certified copy of 
2which shall be attached to such petition.] City council may 
3initiate proceedings to change the corporate title of a city by 
4doing each of the following:

5(1) Adopting a resolution proposing to make the change in
6the corporate title of a city.

7(2) Presenting to the court of common pleas of the county in
8which the city is located a petition, along with a certified
9copy of the resolution, requesting the change in the corporate
10title of the city.

11Section 302. Hearing; Decree.--(a) Upon the presentation to 
12the court of [such] the petition and resolution in accordance 
13with section 301, the [said] court shall fix a day for a hearing 
14[thereof] on the question of the change in the corporate title 
15of the city and shall direct that notice of [such] the hearing 
16be published once a week for three weeks in [not more than two 
17newspapers] a newspaper of general circulation.

18(b) At [such] the hearing, the court shall [hear the] permit 
19any resident of the city to give testimony [and argument of 
20persons both for and against] either in support of or opposition 
21to the change of the corporate title of [such] the city [and, if 
22the court is of the opinion that the corporate title of such 
23city should be changed as prayed for in the petition of the 
24council of said city, shall enter upon the proceedings its order 
25and decree changing the corporate title of such city in 
26accordance with the resolution of the council thereof; otherwise 
27the petition shall be dismissed].

28(c) After hearing testimony, the court shall either order
29and decree changing the corporate title of the city in
30accordance with the petition and resolution of council or

1dismiss the petition.

2Section 303. Recording Decree.--[Upon the filing of a 
3certified copy of the decree of the court, changing the 
4corporate name of any city, in the office of the Secretary of 
5the Commonwealth and the recording thereof in the office of the 
6recorder of deeds of the county, the courts of which have 
7jurisdiction over the municipal affairs of the city, the 
8corporate title of said city shall thereafter be as set forth in 
9said decree.] A change in the corporate title of a city that is 
10ordered and decreed in accordance with section 302(c) shall not 
11become effective until a certified copy of the decree of court 
12is filed in the office of the Secretary of the Commonwealth and 
13is recorded in the office of the recorder of deeds of the county 
14in which the city is located.

15Section 304. Existing Rights and Liabilities Preserved.--No
16change in the corporate title of any city shall in any way
17affect any liabilities incurred, rights accrued or vested,
18obligations issued or contracted, or any suits or prosecutions
19pending or instituted to enforce any right or penalty accrued or
20punish any offense committed prior to [such] the change.

21Section 15. Article IV heading of the act is reenacted to
22read:

23ARTICLE IV

24CREATION AND DIVISION OF WARDS

25Section 16. Section 401 of the act is amended to read:

26Section 401. [Petition for Creation or Division of Wards.--
27New wards may be created in cities, or wards therein may be 
28divided, by the court of quarter sessions, on application 
29thereto for that purpose, by the petition of at least one 
30hundred qualified electors of the district seeking to be created
 

1as a new ward, or of the ward to be divided, or by the petition 
2of the council of the city. No new ward shall contain less than 
3three hundred qualified electors according to the last preceding 
4enumeration.] General Power of Council in Creation or Division 
5of Wards.--(a) In addition to reapportionment of wards pursuant 
6to 53 Pa.C.S. Ch. 9 (relating to municipal reapportionment) and 
7section 11 of Article IX of the Constitution of Pennsylvania, 
8council may, with or without a petition as provided in section 
9401.1 and subject to approval by the registered voters as 
10provided in section 407, create new wards, divide a ward or 
11wards or detach part of a ward and attach to another ward, in 
12accordance with this article.

13(b) No new ward shall contain less than three hundred
14registered voters according to the last general or municipal
15election.

16(c) All wards in the city shall be numbered and composed of
17compact and contiguous territory as nearly equal in population
18as practicable and as officially and finally reported in the
19most recent Federal census, decennial or special.

20Section 17. The act is amended by adding a section to read:

21Section 401.1. Petition of Registered Voters.--(a)
22Registered voters may petition council to initiate proceedings
23under section 401 to create new wards, divide a ward or wards,
24or detach part of a ward and attach to another ward as follows:

25(1) One hundred registered voters may petition council to
26create or divide a ward if, in the case of a petition proposing
27to create a ward, the petitioners reside in the portion of the
28city which the petition proposes to create as a ward, or in the
29case of a petition to divide a ward, the petitioners reside in
30the ward which the petition proposes to divide.

1(2) Twenty-five registered voters may petition to detach
2part of one ward and attach the detached part to another ward if
3the petitioners reside in the part of the ward that is proposed
4to be detached.

5(b) Council shall by motion approve by a majority of
6council, and within ninety days of presentment of the petition,
7determine whether to initiate proceedings under section 401. If
8the motion is in favor of initiating proceedings, council shall
9appoint a commission in accordance with section 403.

10(c) In the event that council has not approved a motion
11within ninety days after the presentment of a petition under
12subsection (a), any ten registered voters may petition the court
13of common pleas and contest the existing apportionment as
14violating section 401. The proceedings before the court shall be
15conducted in accordance with 53 Pa.C.S. §§ 906 (relating to
16contest of reapportionment by governing body) and 907 (relating
17to costs and expenses of contest).

18Section 18. Sections 402 and 403 of the act are amended to
19read:

20Section 402. [Petition for Striking Territory from One Ward
21and Attaching to Another.--Any part or district of a ward in any
22city may be detached therefrom and attached to another ward by
23the court of quarter sessions of the proper county, on
24application thereto for that purpose, by the petition of at
25least twenty-five qualified electors of the district to be
26stricken off or attached, or by the petition of the council of
27the city] (Reserved).

28Section 403. Appointment of Commission[; Report; Order of
29Court.--Upon the presentation of any such petition praying for
30the creation of a new ward out of parts of two or more wards, or

1the division of a ward, or for the detaching from a ward of a
2part or district thereof and attaching the same to another ward,
3the said court shall appoint five impartial qualified electors,
4residents of the city, but not of the wards to be affected
5thereby, as commissioners to inquire into the propriety of
6granting the prayer thereof: Provided, however, That in cities
7having not more than three wards, said commissioners shall be
8selected from the city at large, and may be residents of the
9ward or wards to be affected thereby. The commissioners so
10appointed, or any four of them, shall examine the premises and
11make a draft of the new ward or wards proposed to be created, or
12of the ward or wards to be divided, or of the wards affected,
13showing the division or change thereof, or showing the lines as
14any separation and attachment will affect them, as the case may
15be, and showing clearly the number of qualified electors
16contained within the proposed new ward. The commissioners shall
17make report to the said court at its next term, together with
18their recommendation.].--(a) If council initiates proceedings 
19pursuant to section 401, whether on its own volition or pursuant 
20to the petition of registered voters, it shall appoint five 
21impartial registered voters who are residents of the city as 
22commissioners, to make a report and recommendation concerning 
23the necessity, desirability and feasibility of proposed wards.

24(b) Except as provided in subsection (c), commissioners
25shall not be residents of the wards to be affected by the
26petition.

27(c) In cities having not more than three wards,
28commissioners appointed under subsection (a) shall be selected
29from the city at large, and may be residents of the ward or
30wards to be affected thereby.

1Section 19. The act is amended by adding sections to read:

2Section 403.1. Expenses of Commissioners.--Council shall
3make appropriations for the reasonable expenses of the
4commissioners incurred for their services pursuant to this
5article. Each commissioner shall submit to the city controller
6for approval an itemized account of the commissioner's expenses
7to be paid under the authority of this section.

8Section 403.2. Report.--(a) Commissioners appointed by
9council in accordance with section 403(a) shall examine the
10premises and prepare a report which shall include a draft of all
11wards affected by the proposed creation, division or detachment,
12showing the division or change thereof, or showing the lines of
13wards as any separation and attachment will affect them, as the
14case may be, and showing clearly the population contained within
15the affected wards using figures officially and finally reported
16in the most recent Federal census, decennial or special. The
17report, upon completion, shall be submitted to council and shall
18include a recommendation reflecting the decision of a majority
19of its members concerning the proposed creation, division or
20detachment of a ward or wards.

21(b) Consistent with the standards applied in municipal
22reapportionment pursuant to 53 Pa.C.S. § 903(b) (relating to
23reapportionment by governing bodies), no report shall recommend
24the creation, division or detachment of a ward or wards unless
25the result of implementing the report and recommendation would
26be that each ward in the city is composed of compact and
27contiguous territory as nearly equal in population as
28practicable as officially and finally reported in the most
29recent Federal census, decennial or special.

30(c) Upon receipt of the report, council shall, by motion,

1determine whether to submit the question of the proposed
2creation, division or detachment of a ward or wards as provided
3in the report to the registered voters of the city in accordance
4with section 404.

5Section 20. Sections 404, 405, 406, 407 and 408 of the act
6are amended to read:

7Section 404. Election[; Form of Ballot.--If a majority of
8the commissioners appointed report favorably to such creation or
9division, or the detaching from a ward of a part or district
10thereof and attaching the same to another ward, the court shall
11order].--(a) If based upon the report in section 403.2, council 
12decides to proceed, it shall certify to the county board of 
13elections the question of the creation, [or] division or 
14detachment of [such] the ward[,] or wards to be submitted to the
15[qualified electors] registered voters of the ward or wards
16[affected, and in the case of the detachment of territory to the
17electors of the ward from which the territory is to be stricken
18off] or parts thereof which are the subject of the report, at
19the general or municipal election occurring not less than ninety
20days [thereafter] after the report was approved by council.

21(b)  The [clerk of said court shall certify such order to
22the] county board of elections [which] shall [thereupon] cause
23[a proper] the question [to be submitted to the qualified
24electors at such] of approving the creation, division or 
25detachment of a ward or wards to be placed on the ballot in the 
26ward or wards or parts that will be affected thereby, at the 
27appropriate election in the manner provided by the Pennsylvania
28Election Code.

29Section 405. Notice of Election; Review of Report.--[It
30shall be the duty of the mayor of the said city to give at least

1fifteen days' public notice, by advertisement in one or more
2newspapers, of general circulation, that such an election will
3be held, and of the time and place of holding the same.] (a) 
4The city shall publish a notice of election in a newspaper of 
5general circulation at least fifteen days prior to the date that 
6the question of approving the creation, division or detachment 
7of a ward or wards is to be presented at the specified general 
8or municipal election.

9(b) The election notice shall contain a statement of the
10issue to be submitted to the registered voters at the election,
11including the ward, wards or parts thereof to be affected, and
12the date upon which the election is to be held. The notice shall
13reference the report and specify that it is available for review
14and copying as a public record pursuant to the act of February
1514, 2008 (P.L.6, No.3), known as the "Right-to-Know Law."

16Section 406. Election Laws to Apply.--All [the electors,
17judges, inspectors and clerks, voting at and in attendance upon
18the election to be held under the provisions of this article,
19shall be subject to the penalties imposed by] matters relating 
20to the election at which the question of approving the creation, 
21division or detachment of a ward or wards is to be presented to 
22the voters shall be governed by the applicable provisions of the
23Pennsylvania Election Code.

24Section 407. Computing Vote; Return; [Order of Court;]
25Resubmission of Question.--[The officers of such election shall
26receive and count the votes in the manner prescribed by law, and
27shall forthwith make out a return on forms furnished by the
28board of elections, showing the number of votes for and against
29such new ward, or for or against such division or detachment of
30a ward, as the case may be, and shall deliver the same to the

1clerk of the court of quarter sessions within three days. The
2said clerk shall compute said return, and forthwith certify the
3result thereof to the court. If it appears that a majority of
4the votes so taken are for a new ward, or for a division or for
5the detachment of territory and its attachment to another ward,
6said court shall thereupon order and decree the creation of such 
7new ward or wards, or such division, or such detachment and 
8attachment agreeably to the lines marked out and returned by the 
9commissioners.]

10(a) The county board of elections shall tabulate and publish
11the results of the referendum in a newspaper of general
12circulation within thirty days of the election. A certified copy
13of the results shall be placed on record among the minutes of
14council.

15(b) If a majority voted in favor of creating or dividing a 
16ward or wards, or the detachment of a part of a ward to be 
17attached to another, council shall proceed to create or divide a 
18ward or wards or detach a part of a ward to be attached to 
19another, in accordance with the report, and shall number the new 
20wards when necessary[, and order a certified copy of the whole 
21proceeding to be placed on record among the minutes of council].

22(c) If a majority [of votes shall be] voted against [the new 
23ward, or against division or against detachment] creating or 
24dividing a ward or wards, or the detachment of a part of a ward 
25to be attached to another, no further action shall be had upon 
26[such proceeding] the question, nor shall any new [application 
27for such new ward or such division or detachment and attachment 
28be heard] petition on the same question be resubmitted until two 
29years from the date of [such] the election.

30Section 408. Change of Ward Lines by [Court] Council.--


1Whenever it shall appear to [the court of quarter sessions]
2council in proceedings for the division of any ward, or the
3creation of new wards, that any of the boundaries or divisions
4thereof are uncertain for any cause, [the said court shall make
5such order or decree as to] council shall determine the
6relocation of the line [as to it may appear proper, so that the
7same shall] to conform as nearly as possible to the boundary
8lines which may have been previously determined upon so long as 
9the result is that each ward in the city is composed of compact 
10and contiguous territory as nearly equal in population as 
11practicable as officially and finally reported in the most 
12recent Federal census, decennial or special.

13Section 21. The act is amended by adding a section to read:

14Section 409. Pennsylvania Election Code.--Nothing in this
15article shall be construed as affecting the powers and duties of
16the court of common pleas or the county board of elections and
17restrictions on alteration of election districts as provided in
18Article V of the act of June 3, 1937 (P.L.1333, No.320), known
19as the "Pennsylvania Election Code."

20Section 22. Article V and subdivision (a) heading of the act
21are repealed:

22[ARTICLE V

23ANNEXATION OF TERRITORY

24(a) Annexation of Boroughs, Townships and Parts

25of Townships]

26Section 23. Section 501 of the act, amended July 10, 1959
27(P.L.519, No.138), is repealed:

28[Section 501. Petition for Annexation of Boroughs or
29Townships and Parts of Townships.--Any borough having a
30population of less than ten thousand inhabitants, or any

1township or part of a township, contiguous to any city, whether
2wholly or partially within the same or different counties, may
3become annexed to any such city in the following manner:

4(a) In the case of a borough, the borough council may pass
5an ordinance for such annexation, whenever three-fifths of the
6taxable inhabitants of such borough shall present a petition,
7accompanied with the written consent of a majority in number and
8interest of property owners of the borough, asking for such
9annexation.

10(b) In the case of a township, or part thereof, whenever
11three-fifths of the taxable inhabitants of such township or part
12thereof shall present a petition to the council of said city,
13accompanied with the written consent of a majority in number and
14interest of property owners of such township or part of a
15township, asking for such annexation.

16(c) In case of part of a township, when there are no taxable
17inhabitants residing therein, then whenever three-fifths of the
18property owners in number and interest of property situated
19therein shall present a petition to the council of said city
20asking for such annexation.

21In construing this section, a majority in interest of owners
22of undivided interests in any piece of property shall be deemed
23and treated as one person for the purpose of ascertaining the
24number of petitioners.]

25Section 24. Section 502 of the act is repealed:

26[Section 502. Advertisement; Plots.--Before any such
27petition is circulated or signed, notice thereof shall be given
28by advertisement once a week for four weeks in two newspapers
29published in or circulated throughout the territory to be
30annexed. Such notice shall state the purpose of the petition and

1the date it will be ready for signing. All such petitions shall
2be accompanied by a plot or plots of the territory to be
3annexed, showing all streets and highways, municipal or township
4improvements and public buildings.]

5Section 25. Section 503 of the act, amended October 5, 1967
6(P.L.327, No.143), is repealed:

7[Section 503. Ordinance of City; Filing Copy Thereof.--Upon
8presentation to the council of such city of a certified copy of
9the ordinance in case of a borough, or of the petition in the
10case of a township or part thereof, together with the required
11plots in any case, the council of said city may, by ordinance,
12annex such borough, township, or part thereof to the said city.
13Certified copies of the borough and city ordinances and the
14petition and the plans shall be filed in the office of the clerk
15of the court of quarter sessions of the county or counties
16involved, and like copies shall be certified to the Department
17of Community Affairs of the Commonwealth. Nothing contained in
18subdivision (a) of this article shall be deemed to require any
19city to annex any borough, township or part of any such
20township.]

21Section 26. Section 504 of the act is repealed:

22[Section 504. Conclusiveness of Ordinance; Referendum;
23Appeal.--Thirty days after the filing of the said annexation
24ordinance by the said city council, such ordinance and the
25action of the said city council shall be finally conclusive,
26unless an appeal therefrom is taken within the said thirty days,
27by petition to the court of quarter sessions of the county in
28which the city is located, or unless a referendum petition is
29filed as provided in this act.]

30Section 27. Section 505 of the act, repealed in part June 3,

11971 (P.L.118, No.6), is repealed:

2[Section 505. Hearing an Appeal; Notice; Appeal from Final
3Order.--Where an appeal is taken by any person aggrieved by such
4annexation ordinance of the city, the court shall fix a day for
5hearing the same. Notice shall be given to all parties
6interested in such manner as the court shall direct. From any
7such final order or decree, any party in interest, aggrieved by
8such order or decree, may have an appeal to the Supreme Court as
9in other cases. Upon final determination and approval of the
10annexation ordinance, the annexation shall take effect
11immediately.]

12Section 28. Section 506 of the act, added July 10, 1959
13(P.L.519, No.138), is repealed:

14[Section 506. Petition for Annexation of Boroughs Having Ten
15Thousand or More Inhabitants.--Whenever electors, equal to at
16least ten per centum of the highest vote cast for any office in
17any borough having a population of ten thousand or more
18inhabitants contiguous to a city at the last preceding general
19election, or whenever ten per centum of the qualified electors,
20residing within any part of a borough having a population of ten
21thousand or more inhabitants contiguous to a city, shall
22petition the council of such city for the annexation of the
23borough, or part thereof, to the contiguous city, and for a
24referendum on the question of such annexation, the council shall
25cause a question to be submitted at the primary or general
26election occurring at least sixty days thereafter, by certifying
27a resolution, duly adopted, to the county board of elections of
28the county or counties in which any part of the city or borough
29is located, for submission of such question on the ballot or on
30voting machines at such election, both in such borough and in

1the city to which annexation is desired, in the manner provided
2by the election laws of this Commonwealth.

3Such question shall be in the following form:

4Do you favor the annexation of the
5borough of .......................

Yes

 

6(or the part of the borough briefly
7described) to the city of ....... ?

No

8If a majority of the persons voting on such question in the
9entire borough shall vote "yes," and a majority of the persons
10voting on such question in the city shall vote "yes," then the
11borough or part thereof, as the case may be, shall on the first
12Monday of January next following, be and become a part of the
13city.

14If a majority of the persons voting on the question in the
15borough or in the city shall vote "no," no further proceeding
16shall be had, and it shall not be lawful to hold another
17election upon the question until the second general or municipal
18election thereafter occurring.

19All petitions shall be accompanied by a plot or plots of the
20territory to be annexed, showing all streets and highways,
21municipal improvements and public buildings, and all petitions
22for the annexation of a part of a borough shall include a
23description of the part of the borough sought to be annexed.]

24Section 29. Article V subdivision (b) heading and section
25515 of the act are repealed:

26[(b) Annexation of Outlying Lots in a Township

27Section 515. Annexation of Outlying Lots; Appointment of
28Viewers.--Upon application by petition to the court of quarter
29sessions signed by a majority or more of the taxable
30inhabitants, accompanied by the written consent of a majority of

1the property owners in number and interest of any outlots or
2sections of land in a township containing not more than one
3hundred acres of land contiguous to the city, and being part of
4the same county in which the city is situated, stating that they
5desire the same to be annexed to said city, the desirability
6therefor, and describing the lots or land to be annexed, with a
7map or draft of the same, which petition shall be sworn to by
8one or more of the petitioners, and accompanied by the petition
9of the council of the city praying for the annexation of such
10outlots or sections of land and containing a copy of the
11resolution of the council of said city approving the annexation,
12the said court shall thereupon appoint three viewers, who shall
13be nonresidents of the city or of the township whose territory
14is to be annexed, to inquire into and investigate the
15allegations and facts stated in the said petition.]

16Section 30. Section 516 of the act, amended October 5, 1967
17(P.L.327, No.143), is repealed:

18[Section 516. Notice of View; Report; Decree.--Notice of the
19first hearing of the said viewers shall be given to the city,
20and to at least one of the petitioners as the court may direct.
21The said viewers, or a majority of them, shall make report to
22said court at its next session after their appointment. If they
23report that they find the statements and facts of said petition
24to be true, and recommend the annexation as prayed for, and if
25no appeal is taken within thirty days therefrom, the said court
26shall thereupon make an order or decree to carry the annexation
27into effect. The city clerk shall forward a certified copy of
28said decree to the Department of Community Affairs of the
29Commonwealth.]

30Section 31. Section 517 of the act, amended October 5, 1967

1(P.L.327, No.143) and repealed in part June 3, 1971 (P.L.118,
2No.6), is repealed:

3[Section 517. Appeal; Hearing; Notice; Decree.--Within
4thirty days after filing of such report, any person aggrieved
5thereby may take an appeal, by petition to the court of quarter
6sessions, setting forth his complaint, and thereupon the court
7shall fix a day for hearing the same. Notice of such appeals
8shall be given to all parties interested by publication once in
9one newspaper, in accord with the provisions of section one
10hundred and nine of this act. After such hearing, the court
11shall decide whether the proceedings are in conformity with this
12act, and make an order or decree either dismissing the appeal
13and approving such annexation or sustaining the appeal and
14dismissing the annexation. When the court of quarter sessions
15makes an order to carry such annexation into effect, where no
16appeal is taken, and upon final determination and approval of
17the annexation ordinance, where an appeal has been taken, the
18said outlots or sections of land shall at once and thereafter be
19a part of said city as fully as if the same had been originally
20a part thereof. A certified copy of any final decree or order
21approving such annexation shall be forwarded by the city clerk
22to the Department of Community Affairs.]

23Section 32. Section 518, Article V subdivision (c) heading
24and section 525 of the act are repealed:

25[Section 518. Compensation of Viewers.--The viewers herein
26provided for shall be allowed five dollars per day for each and
27every day actually spent by them in the performance of their
28duties, together with their actual necessary expenses. The costs
29of the proceedings in all cases shall be paid by the city.

30(c) Annexation of Part of a Borough

1Section 525. Petition for Annexation of Territory in a
2Borough; Ordinance of City.--Territory in a borough contiguous
3to a city or separated therefrom by a river or stream may be
4detached from the borough and annexed to the city in the
5following manner:

6A petition signed by owners of the land in the territory
7proposed to be detached and annexed, and described in the
8petition, shall be presented to the borough authorities, who, if
9they find that the petition is signed by either a majority of
10freehold owners or by the owners of two-thirds of the area of
11the territory described, and that the assessed valuation of the
12territory described is not in excess of five per centum of the
13assessed valuation of the borough, may, by ordinance, detach the
14described territory, subject to the acceptance of the detached
15portion by the city of the third class, and upon notice from the
16council of the borough that it has ordained the detachment of
17the described territory of the borough for the purpose of having
18it annexed to the city, the city may, by ordinance, annex the
19portion of the borough so proposed to be detached.]

20Section 33. Section 526 of the act, amended October 5, 1967
21(P.L.327, No.143), is repealed:

22[Section 526. Filing of Plans.--Upon such annexation by
23ordinance, a plan of the territory annexed shall be filed by the
24city council in the office of the county commissioners and with
25the clerk of the court of quarter sessions and thereupon the
26detachment and annexation shall be effective: Provided, however,
27That if there be no delay through litigation or causes beyond
28the control of the councils, the plan shall be filed, as herein
29required, within thirty days after the passage of the annexation
30ordinance by the city council, and, if the proceedings are not

1thus completed, they shall be void in their entirety and of no
2effect. A copy of the plan filed shall be likewise forwarded to
3the Department of Community Affairs of the Commonwealth.]

4Section 34. Article V subdivision (d) heading, sections 535
5and 536 and subdivision (e) heading of the act are repealed:

6[(d) Indebtedness and Public Property when Borough or

7Township is Annexed

8Section 535. Apportionment of Indebtedness of Borough or
9Township; Taxes to be Uniform.--All the indebtedness of each
10borough or township annexed to a contiguous city under the
11provisions of this act, as well as the indebtedness of the city
12to which the same is annexed, shall be paid by the city as
13enlarged by such annexation; and all territory included within
14the limits of the same shall be liable for the payment of the
15floating and bonded indebtedness, and the interest thereon, of
16all the territory included within such enlarged city; and all
17taxes thereafter levied therefor shall be uniform throughout the
18territorial limits of such enlarged city.

19Section 536. Property of Annexed Territory to Become
20Property of City.--All of the public property owned by any such
21borough or township annexed to any city shall become and remain
22the public property of the said city.

23(e) Apportionment of Indebtedness when Part of a Township

24or Outlying Lots are Annexed]

25Section 35. Section 540 of the act, amended October 5, 1967
26(P.L.327, No.143), is repealed:

27[Section 540. Adjustment of Indebtedness when Part of
28Township is Annexed.--Where any part of any township or outlying
29lots thereof are annexed to any city, the township officers of
30that part of the said township not annexed, and the city council

1of the said city, shall make a just and proper adjustment and
2apportionment of all public property owned by the said township
3at the time of said annexation, both real and personal,
4including funds as well as indebtedness, if any, to and between
5the said township and the city. In making such adjustment and
6apportionment of the property and indebtedness, the township and
7the city shall be entitled respectively to share in a division
8of the property and indebtedness in the proportion that the
9assessed valuation of the land remaining in the township bears
10to the assessed valuation of the land annexed: Provided,
11however, That where indebtedness was incurred by the township
12for an improvement located wholly within the annexed part of the
13township, the whole of such indebtedness shall be assumed by the
14city, and where any part of any such improvement is located
15within the annexed part of the township, the part of such
16indebtedness representing the part of the improvement located
17within the territory annexed, shall be assumed by the city, and
18the adjustment and apportionment of any remaining debt, and the
19public property of the township shall be made as above provided.
20The adjustment and apportionment as made shall be reduced to
21writing, and duly executed and acknowledged by the proper
22officials, and filed in the office of the clerk of the court of
23quarter sessions of the county in which said city is located. A
24copy of such adjustment and apportionment shall be forwarded by
25the city clerk to the Department of Community Affairs of the
26Commonwealth.]

27Section 36. Sections 541, 542 and 543 of the act are
28repealed:

29[Section 541. Appointment of Commission; Contents of
30Report.--In case the said council of the said city and the

1township's authorities cannot make such amicable apportionment
2and adjustment of their property and indebtedness within six
3months after any such annexation, then, in that case, the said
4council or any officer of said township may present a petition
5to the court of quarter sessions of the county in which the said
6city is located. Whereupon the said court shall appoint three
7disinterested commissioners, residents and taxpayers of said
8county not residing in the said city nor in the said township,
9who, after hearing, due notice of which shall be given to the
10city and township interested by publication once in one or more
11newspapers, at least twenty days before said hearing, in accord
12with the provisions of section one hundred and nine of this act,
13shall make report to the court, making an apportionment and
14adjustment according to the provisions of this act of all the
15property as well as indebtedness, if any, to and between the
16said city and the said township, said report to state the
17amount, if any, that shall be due and payable from the city to
18the township, or from the township to the city, as well as the
19amount of indebtedness, if any, that shall be assumed by the
20city or township, or both of them.

21Section 542. Notice of Filing of Report; Exceptions;
22Confirmation.--The commissioners shall give the city and the
23township at least five days' notice of the filing of their
24report. Unless exceptions are filed thereto by the city or by
25the township within thirty days after filing thereof, the same
26shall be confirmed by the court absolutely. Any sum awarded by
27the report to the city or to the township shall be a legal and
28valid claim in its favor against the city or township charged
29therewith, and the amount of debt, if any, apportioned to any
30city or township shall be a legal and valid claim against such

1city or township charged therewith. Any property, real or
2personal, given and adjudged to the city or the township shall
3become and be the property of the city or the township to
4whichever one the same is given and adjudged. Upon such report
5being confirmed, such claim or indebtedness charged against any
6city or township may be collected in the same manner as a
7judgment is collected against any city or township.

8Section 543. Compensation of Commissioners; Costs.--The
9commissioners shall be allowed five dollars per day for each day
10actually spent by them in the performance of their duties,
11together with their actual necessary expenses. All costs and
12expenses of such proceedings shall be apportioned by the court
13to and between the said city and the said township as it shall
14deem proper.]

15Section 37. Section 544 of the act, repealed in part June
161971 (P.L.118, No.6), is repealed:

17[Section 544. Disposition of Exceptions; Appeal.--In case
18exceptions are filed to the report of the commissioners, the
19court shall dispose of the same, taking testimony if deemed
20advisable, and the decision of the court thereon shall be final
21and binding on the several cities and townships, unless an
22appeal is taken.]

23Section 38. Section 545, Article V subdivision (f) heading,
24sections 550 and 551 and subdivision (g) heading of the act are
25repealed:

26[Section 545. Jurisdiction when Territory is in Two or More
27Counties.--In cases where a city or township is situated in two
28or more counties, the court of quarter sessions of the county in
29which the city is located shall have exclusive jurisdiction over
30the matter, but the same shall be heard by a judge, not a

1resident of either of the judicial districts affected, who shall
2be called to preside specially in the matter, and, in such
3cases, the court shall appoint the commissioners hereinbefore
4provided for from both or from three of such counties.

5(f) Apportionment of Indebtedness when Part of a

6Borough is Annexed

7Section 550. Apportionment of Indebtedness; Decree of
8Court.--The court of quarter sessions having jurisdiction of the
9city, in cases where any part of a borough is annexed to a city,
10upon a petition of the borough or city, may hear evidence and
11consider the indebtedness and assessed valuation of the borough
12and the city and the assessed valuation of the territory
13annexed, and may enter a decree making such adjustment of the
14indebtedness and the manner and time of the payment thereof as
15to the court may seem meet and proper.

16Section 551. Collection of Taxes Assessed Prior to
17Annexation.--Any taxes assessed prior to the going into effect
18of the proceedings shall be paid to the borough, and the
19collection and enforcement thereof shall be as though the land
20had not been detached.

21(g) Wards]

22Section 39. Section 560 of the act, amended October 5, 1967
23(P.L.327, No.143), is repealed:

24[Section 560. Distribution of Annexed Territory Among Wards;
25New Wards; Ward Officers.--Within thirty days from the effective
26date of any annexation, the city council shall cause a petition
27to be presented to the court of quarter sessions of the county
28in which the said city is located, praying for the distribution
29of the annexed territory among the wards of the said city, or
30for the creation of a new ward or wards out of the same, and to

1make such order or decree as may be necessary to constitute such
2ward or wards an election district or election districts, or add
3to or create new election districts in a ward or wards to which
4such territory is attached, and the said court shall, in case of
5the creation of a new ward or wards, appoint the election and
6other officers of the same, and name the place or places of
7holding the first election in the said ward or wards for ward
8officers, and, for that purpose, may order a special election,
9if said court shall deem the same necessary, to be conducted in
10the manner provided by the Pennsylvania Election Code. The
11officers elected at such special election shall hold their
12respective offices until their successors, elected at the next
13succeeding municipal election, shall be duly qualified. Any
14decree of court creating a new ward or wards shall be entered in
15full upon the records of said court and certified copies
16thereof, under the seal of the court, shall be delivered by the
17clerk of said court to and be filed by the city clerk of the
18city and the secretary of the school district in which said ward
19or wards become located. The clerk of the court of quarter
20sessions shall likewise certify copies thereof to the Secretary
21of the Commonwealth and to the Department of Community Affairs.]

22Section 40. Article V subdivision (h) heading of the act,
23amended August 6, 1963 (P.L.511, No.268), is repealed:

24[(h) Annexation of Property Owned by a City]

25Section 41. Section 561 of the act, amended October 5, 1967
26(P.L.327, No.143), is repealed:

27[Section 561. If any city owns land contiguous to said city
28on January 1, 1963, the city may annex said territory in the
29following manner:

30A bill may be introduced in council to annex said land,

1setting forth a description of the territory to be annexed and
2the courses and distances of the boundaries of such territory.
3If said bill becomes an ordinance by action of council, a copy
4thereof shall be certified to the Department of Community
5Affairs.]

6Section 42. Section 562 of the act, added May 27, 1957
7(P.L.210, No.104), is repealed:

8[Section 562. Upon such annexation by ordinance, a plan of
9the territory annexed shall be filed by the city council in the
10office of the county commissioners and with the clerk of the
11court of quarter sessions, and thereupon the annexation shall
12become effective.

13The annexation proceedings authorized by these sections are
14in addition to, and not in substitution of, proceedings
15otherwise provided by law for annexation of territory, and may
16be followed without reference to or compliance with such other
17provisions.]

18Section 43. Article V subdivision (i) heading, section 570,
19subdivision (j) heading and section 580 of the act, added July
2010, 1959 (P.L.521, No.139), are repealed:

21[(i) Terms and Salaries of Officials and Employes

22of Annexed Territory

23Section 570. Annexation Officials and Employes.--In case of
24annexation, all salaried public officials of territory annexed
25who have theretofore been elected for a definite term shall
26continue to receive during the term for which they were elected
27the same salaries as they would have received except for such
28annexation, and it shall be the duty of the mayor of such city
29to assign to such public officials the performance of such
30suitable services and duties as will be in the public interest

1of the city and particularly of the annexed portion thereof. In
2case of nonelective employes of such annexed borough or
3township, they shall, so far as practicable, be employed at
4corresponding duties by the city in accordance with rules and
5regulations to be established by city ordinance. Tax collectors
6holding office at the date of annexation shall continue to
7perform the duties and receive the emoluments of office for the
8full term for which they were elected, but upon the expiration
9of such term, the office shall be abolished within such
10territory and the duties thereof shall be merged with that of
11the collector of taxes of such city of the third class.

12(j) Ordinances

13Section 580. Annexation Ordinances.--In case of annexation,
14all ordinances governing the annexed territory shall remain in
15full force and effect over the annexed territory until
16appropriate ordinances are passed by the Council of the city of
17the third class integrating ordinances of the annexed territory
18with those of the city of the third class.]

19Section 44. Article VI heading of the act is reenacted to
20read:

21ARTICLE VI

22CITY BOUNDARIES

23Section 45. Sections 601, 602, 603, 604, 605 and 606 of the
24act are amended to read:

25Section 601. Navigable Stream Boundaries.--Whenever any city
26is bounded by the nearest margin of a navigable stream, and an
27opposite [township, borough, or city] municipal corporation is
28also bounded by the nearest margin of the same stream, the
29boundaries of [such] the city shall extend to the center line of
30the stream. Nothing contained in this section shall be construed

1to repeal any local or special law providing otherwise.

2Section 602. Court to Establish Disputed Boundaries.--[The
3court of quarter sessions, upon petition of any interested
4political subdivision] (a) In any case in which a city or any 
5municipal corporation contiguous to the city disputes the 
6boundary between them, the court of common pleas, upon petition 
7of the city or the contiguous municipal corporation, may
8ascertain and establish the disputed [boundaries between any
9such parties. Whenever the] boundary.

10(b) In any dispute [involves] involving the boundaries of
11counties, the provisions of [the County Code shall apply to that
12extent.] this article shall not supersede the application of the 
13relevant provisions of the act of August 9, 1955 (P.L.323, 
14No.130), known as "The County Code," and the act of July 28, 
151953 (P.L.723, No.230), known as the "Second Class County Code," 
16or any other law applicable to the fixing of county boundaries.

17Section 603. Petition to Court; Commissioners; Report.--Upon
18[such] petition in accordance with section 602(a), the court
19shall appoint [as] three impartial commissioners [three
20impartial qualified electors], who shall have authority to
21employ a professional engineer or surveyor. After giving notice
22to interested parties [affected] by publication once in at least
23one newspaper of general circulation, in conformity with section
24[one hundred and nine of this act, they shall view the disputed
25boundaries] 109, or as directed by the court, the commissioners 
26shall hold a hearing and view the disputed boundaries. A
27majority of the commissioners shall make [a prompt] its report
28and recommendations to the court, [which report shall be]
29accompanied [with] by a plot or draft of the lines and 
30boundaries proposed [boundary, if the same cannot be fully

1described] to be ascertained and established if they cannot be 
2fully designated by natural lines[. The] or boundaries. Upon the 
3filing of the report, it shall be confirmed nisi, and the court
4[shall] may make [such] further order [thereupon as to] as it
5shall [seem] deem just and reasonable.

6Section 604. [Reviews;] Exceptions and [Issues.--Any person
7affected may petition the court for a review, or may except to
8the report of the commissioners. When matters of fact are in
9dispute, the court may frame an issue and certify the same for
10trial to the court of common pleas.] Procedure.--Exceptions to 
11the report may be filed by any interested person or municipal 
12corporation within thirty days after the filing of the report, 
13and the court shall set a day for the hearing of the exception. 
14Notice of the hearing shall be given as the court may direct. 
15After hearing, the court may sustain the exceptions or dismiss 
16them and confirm the report or refer the report back to the same 
17or new commissioners with authority to make another report. If 
18no exceptions are filed within thirty days after the filing of 
19the report, the court shall confirm the report absolutely. When 
20any report is confirmed absolutely, the court shall enter a 
21decree establishing the lines and boundaries as shown in the 
22report.

23Section 605. Pay and Expenses of Commissioners.--The
24commissioners shall each receive [five dollars per day, for each
25day necessarily employed in the performance of their duties, as
26well as mileage at the rate of ten cents per mile for each mile
27necessarily traveled, and reasonable expenses incurred for
28surveying] reasonable compensation as established by the court 
29and reasonable expenses incurred for surveying services, to be
30paid equally by the [political subdivisions interested] city and
 

1any interested municipal corporation.

2Section 606. Boundary Monuments.--[Whenever a boundary is
3established pursuant to the preceding sections of] If a 
4boundary, ascertained and established pursuant to this article,
5[the court shall cause such part of the same as] cannot be fully
6described by natural lines, the court shall cause it to be
7marked with permanent monuments, placed at intervals not
8exceeding fifteen hundred feet[,] and at the end of any course[,
9and the]. The expense of placing [the said] these monuments,
10[when] as approved by the court, shall be borne equally by the
11[political subdivisions interested, and the court shall compel
12payment of the same according to law] city and any interested 
13municipal corporation.

14Section 46. Article VII heading of the act is reenacted to
15read:

16ARTICLE VII

17ELECTED OFFICERS AND ELECTIONS

18Section 47. Sections 701, 702, 703 and 704 of the act are
19amended to read:

20Section 701. Elected Officers; Term; Eligible to Reelection;
21Vacancies Where Elected Officer Fails to Qualify.--[The] (a)
22(1) Except as provided in subsection (c), the elected officers
23of each city shall be a mayor, four [councilmen] council 
24members, a controller, and a treasurer.

25(2) Except as provided in section [seven hundred and two of
26this act] 702 with respect to the first election of members of
27council, each [of such officers] elected officer shall serve for
28a term of four years from the first Monday of January next
29succeeding [his] the officer's election[,] until the first
30Monday of January in the fourth year thereafter.

1(3) Any such officer shall be eligible to reelection.

2(b) Any person elected to a city office who fails to qualify
3[within thirty days after the first Monday of January following
4his election] in accordance with the provisions of sections 904 
5and 905 and, as applicable, section 1001, 1201, 1401 or 1701,
6shall be ineligible to qualify thereafter. A vacancy shall then
7exist in the [said] office and a person shall be appointed to
8fill [said] the vacancy in the manner provided by this act.

9(c) In accordance with this subsection, two additional
10council members may be elected to form a seven-member council
11comprised of six council members and the mayor, or a city that
12has opted for a seven-member council may reestablish a five-
13member council comprised of four council members and the mayor,
14in accordance with the following:

15(1) Upon petition of at least five per centum of the
16registered voters of the city or pursuant to a resolution of
17council, and after approval by a majority of those voting at the
18next municipal or general election, there shall be elected two
19additional council members, so that the council shall be
20comprised of six council members and the mayor.

21(2) The referendum petition or resolution of the council
22certified by the city clerk shall be filed with the county board
23of elections not later than the thirteenth Tuesday before the
24next municipal or general election. The county board of
25elections shall place the question before the electors as
26provided by the Pennsylvania Election Code. The form of the
27question shall be as follows:

28Should two additional council members be elected to serve in
29this city, so that council shall be comprised of six council
30members and the mayor?

1Yes

No

2(3) The county board of elections shall tabulate and publish
3in a newspaper of general circulation the results of the
4referendum within thirty days of the election.

5(4) In no event shall the question of additional council
6members be voted on more than once in any three-year period.

7(5) Terms of newly elected council members shall be as
8follows:

9(i) At the first municipal election following approval at a
10general election of the question providing for the election of
11two additional council members, one of the additional council
12members shall be elected for a term of four years and one for a
13term of two years, each to serve from the first Monday of
14January after the election.

15(ii) At the first general election following approval at a
16municipal election of the question providing for the election of
17two additional council members, one of the additional council
18members shall be elected for a term of three years and one for a
19term of one year, each to serve from the first Monday of January
20after the election.

21(iii) After that time, the additional council members shall
22be elected for terms of four years each to serve from the first
23Monday of January after the election.

24(5.1) In cities divided into wards, the two new council
25members elected in accordance with clause (5) shall represent
26the city at large. No sooner than four years after the election
27adding two additional council members, the city may change the
28representation of either or both of the two additional seats
29from at-large to ward representation in accordance with Article
30IV or any other law.

1(6) In cities in which the electorate has opted for a seven-
2member council, comprised of six council members and the mayor,
3the city shall return to a five-member council, including the
4mayor, upon petition of at least five per centum of the
5registered voters of the city or pursuant to a resolution of the
6council, and after approval by a majority of electors voting at
7the next municipal or general election. The referendum petition
8or resolution shall be filed with the county board of elections
9not later than the thirteenth Tuesday before the next municipal
10or general election. The county board of elections shall place
11the question before the electors as provided under the
12Pennsylvania Election Code. The form of the question shall be as
13follows:

14Should this city return to a five-member council, comprised
15of four council members and the mayor?

16Yes

No

17(7) The county board of elections shall tabulate and publish
18in a newspaper of general circulation the results of the
19referendum within thirty days of the election. In no event shall
20the question of reducing the seven-member council be voted on
21more than once in any five-year period.

22(8) At the first municipal election following approval of
23the question providing for the return to a five-member council,
24to be comprised of four council members and the mayor, four
25council members shall be elected to serve from the first Monday
26of January after the election, when the terms of the six council
27members serving on the seven-member council shall cease. The
28four candidates receiving the highest number of votes for the
29office of council member shall be elected. The two candidates
30receiving the first and second highest number of votes shall

1serve for a term of four years. The two candidates receiving the
2third and fourth highest number of votes shall serve for a term
3of two years. After that time, council members shall be elected
4as provided in subsection (a).

5Section 702. First Elections in Newly Created Cities.--(a)
6At the first municipal election occurring at least ninety days
7after the date of the letters patent issued by the Governor
8incorporating [and] the city, the [qualified electors of such]
9registered voters of the city shall elect [a mayor, a treasurer,
10and a controller] city officials as set forth in section 701(a)
11(1). [At such election, the electors of such city shall also
12elect four councilmen.]

13(b) The two candidates for [such office] council receiving
14respectively the highest number of votes at [such] the election
15shall serve for a term of four years from the first Monday of
16January next succeeding their election until the first Monday of
17January in the fourth year thereafter[, and the two candidates
18at such election].

19(c) The two candidates for council receiving the next
20highest number of votes shall serve for a term of two years from
21the first Monday of January next succeeding their election until
22the first Monday of January in the second year thereafter.

23Section 703. Nominations and Elections.--All matters
24relating to nominations of candidates and election of city
25officers shall be governed by the applicable provisions of the
26Pennsylvania Election Code.

27Section 704. Certificates of Election.--[Whenever an
28election shall have been held for city officers, for regular
29terms of service] Upon the election of city officers in 
30accordance with this article, it shall be the duty of the

1[officer-elect to procure from the] county board of elections to 
2issue, and of the officer-elect to procure, a certificate of
3election [as issued by the board, according to law, and to lay
4the same before]. The officer-elect shall present the 
5certificate of election to council on the date and time fixed by
6law for [their] its organization[; and the said]. The
7certificate shall be filed among the city archives, and its
8presentation shall be noted in the minutes.

9Section 48. Article VIII heading of the act is reenacted to
10read:

11ARTICLE VIII

12VACANCIES IN OFFICE

13Section 49. Section 801 of the act, amended August 21, 1953
14(P.L.1292, No.364), is amended to read:

15Section 801. Vacancies in Council and Office of Mayor.--[If
16a vacancy exists in the city council, whether as to the office
17of mayor or one or more of the other members of council, the
18city council shall, by a majority of its remaining members, fill
19such vacancy, within thirty days thereafter, by electing a
20qualified person to serve until that first Monday of January
21when his successor who shall have been elected by the qualified
22electors at the next municipal election, occurring at least
23thirty days after such vacancy exists, is duly sworn into office
24for the remainder of the term of the person originally elected
25to said office.

26In case vacancies should exist whereby the offices of three
27or four of the five members of the city council become vacant,
28the remaining one or two members shall fill such vacancies, one
29at a time, giving each new appointee such reasonable notice of
30his appointment as will enable him to meet and act with the then

1qualified member or members of the city council in making
2further appointments until three members of city council have
3been qualified, whereupon the said three members shall fill the
4remaining vacancies at a meeting attended by the said three
5members of said city council, such appointees to receive a
6majority of the votes of the said three members present at any
7such meeting. The person or persons selected to fill such
8vacancy or vacancies shall hold their offices as herein
9provided.

10If, by reason of a tie vote, or otherwise, such vacancy shall
11not have been filled by the remaining members of city council
12within the time as limited herein, the court of common pleas,
13upon the petition of ten or more qualified electors shall fill
14such vacancy by the appointment of a qualified person, for the
15portion of the unexpired term as above provided.

16If at any time vacancies should occur or exist in the
17membership of all five members of city council, the court of
18common pleas shall appoint a city council, including a mayor, of
19persons properly qualified, who shall serve as herein provided.] 
20(a) Within thirty days of a vacancy in the office of mayor or 
21other member of city council, or if an elected mayor or council 
22member has failed to qualify pursuant to section 701 prior to 
23taking office, the council shall, by a majority of its remaining 
24members, appoint a qualified person to fill the vacant office.

25(b) If council does not fill a vacancy within thirty days in
26accordance with subsection (a), or if vacancies should exist in
27the offices of a majority or more of the members of the city
28council, including the position of mayor, the president judge of
29the court of common pleas having jurisdiction within the city
30shall fill the vacancy or vacancies upon either the petition of

1ten or more qualified electors of the city or the petition of a
2majority of the remaining members of council.

3(c) A person appointed under subsection (a) or (b) shall
4serve for the lesser of the following periods:

5(1) The remainder of the unexpired term of the office to
6which the person is appointed.

7(2) Until the first Monday of January after the next
8municipal election occurring at least thirty days after the
9vacancy occurred.

10(d) If necessary to fill the unexpired term of the person
11originally elected to an office that has become vacant, a person
12shall be elected at the municipal election referred to in
13subsection (c) to serve from the first Monday of January after
14that election for the remainder of the unexpired term.

15Section 50. Section 802 of the act, amended May 6, 1957
16(P.L.104, No.45), is amended to read:

17Section 802. Vacancy in Office of Controller or of
18Treasurer.--[If a vacancy occurs in the office of city
19controller or in the office of city treasurer, the city council
20shall fill such vacancy, within thirty days thereafter, by
21choosing a city controller or a city treasurer, as the case may
22be, to serve until his successor is elected by the qualified
23electors at the next municipal election, occurring at least two
24hundred days after such vacancy occurs, and is duly sworn into
25office. The person so elected shall serve for the remainder of
26the term of the person originally elected to such office.

27If by reason of a tie vote or otherwise, such vacancy shall
28not have been filled by the members of city council within the
29time as limited herein, the court of common pleas upon the
30petition of ten or more qualified electors shall fill such

1vacancy by the appointment of a qualified person for the portion
2of the unexpired term as above provided.] (a) Within thirty 
3days after a vacancy occurs in the office of city controller or 
4in the office of city treasurer, or if an elected city 
5controller or city treasurer has failed to qualify pursuant to 
6section 701 prior to taking office, the council shall appoint a 
7qualified person to fill the vacant office.

8(b) If council does not fill a vacancy within thirty days in
9accordance with subsection (a), the president judge of the court
10of common pleas having jurisdiction within the city shall fill
11the vacancy upon the petition of ten or more registered voters
12of the city.

13(c) A person appointed under subsection (a) or (b) shall
14serve for the lesser of the following periods:

15(1) For the remainder of the unexpired term of the
16controller or treasurer whose office has become vacant.

17(2) Until the first Monday of January after the next
18municipal election occurring at least two hundred days after
19such vacancy occurs.

20(d) If necessary to fill the unexpired term of the
21controller or treasurer whose office has become vacant, a person
22shall be elected at the municipal election referred to in
23subsection (c) to serve from the first Monday of January after
24that election for the remainder of the unexpired term.

25(e) In any case in which a person is elected or appointed to
26fill an office for which a bond is required and if, within
27fourteen days of the date that person is scheduled to take the
28oath of office at the organizational meeting of council, the
29person fails to post a bond, the office shall be deemed to be
30vacant and the resulting vacancy shall be filled in the manner

1provided by this act.

2Section 51. Article IX heading of the act is reenacted to
3read:

4ARTICLE IX

5GENERAL PROVISIONS RELATING TO CITY

6OFFICERS AND EMPLOYES

7Section 52. Sections 901, 902, 903, 904, 905, 906, 907, 908
8and 909 of the act are amended to read:

9Section 901. Appointment and Removal of Officers and 
10Employes; Removal from Elective Office; Employes Not to Hold 
11Elective Office.--(a) Council shall have the power of 
12appointment and dismissal of all city officers and employes, 
13other than elected officers, and shall provide for the removal 
14of officers of the city whose offices are established by 
15ordinance, except where otherwise provided by this act.

16(b) In the case of persons holding an elective city office,
17whether elected thereto or duly appointed to fill a vacancy in
18the elective office, the following shall apply:

19(1) They shall be removed from office in accordance with the
20Constitution of this Commonwealth, as follows:

21(i) by impeachment;

22(ii) by the Governor for reasonable cause after due notice
23and full hearing on the advice of two-thirds of the Senate; or

24(iii) upon conviction of misbehavior in office, or of any
25infamous crime.

26(2) Provisions of this act or other provisions of law
27requiring a forfeiture of office upon the conviction of a crime
28shall apply only if the court determines that the conviction is
29for misbehavior in office or for an infamous crime.

30(3) Nothing in this section shall prevent title to elected

1city offices from being tried by proceedings of quo warranto as
2provided by law.

3(c) In the case of persons who are appointees to city
4offices or positions, other than to elective offices, the
5following shall apply:

6(1) They may be removed by the appointing power, except as
7limited by law or the constitution.

8(2) They shall be removed on conviction of misbehavior in
9office or of any infamous crime.

10(d) Except as otherwise provided by law, a person may not
11concurrently hold elective city office and be an employe of the
12same city.

13Section 902. Officers and Employes; Number; Duties; 
14Compensation.--[Council shall] (a) Except as otherwise provided 
15by this act, council may prescribe, by ordinance, the number, 
16duties, and compensation of the officers and employes of the 
17city. [No payment of such compensation shall be made from the 
18city treasury or be in any way authorized, to any person except 
19an officer or employe elected or appointed in pursuance of law. 
20No ordinance shall be passed giving any extra compensation to 
21any officer, servant, employe or contractor, without previous 
22authority of law.]

23(b) With regard to compensation paid to any officer or
24employe of the city, the following shall apply:

25(1) No payment shall be authorized from the city treasury to
26any officer or employe of the city unless that officer or
27employe has been elected or appointed in accordance with law.

28(2) Unless previously authorized by law, no ordinance shall
29give extra compensation to any officer or employe of the city.

30(c) Any officer drawing or countersigning any [warrant]
 

1document authorizing payment, or passing or paying any voucher 
2contrary to this section, [shall be guilty of] commits a 
3misdemeanor[,] and shall, upon conviction [thereof, shall 
4forfeit his office], be subject to forfeiting office in 
5accordance with section 901(b)(2) and [be] sentenced to pay a 
6fine not exceeding five thousand dollars, or to undergo 
7imprisonment not exceeding one year, or both, at the discretion 
8of the court.

9Section 903. [Salaries of Officers not to be Increased After 
10Election] Changes in Salary, Compensation and Emoluments of 
11Officers.--(a) No city shall increase or diminish the salary, 
12compensation, or emoluments of any elected officer after [his] 
13the officer's election. Any change in salary, compensation or 
14emoluments of the elected office shall become effective at the 
15beginning of the next term of the member of council or other 
16elected official.

17(b) Nothing in subsection (a) shall be construed to limit
18retirement benefits applicable to all employes and officers.

19Section 904. Offices to be Held until Qualification of 
20Successors.--Any officer of any city, who has been elected or 
21appointed and has qualified, shall hold [said] office until 
22[his] the officer's successor is elected or appointed and [duly 
23qualifies.] takes the oath of office, provides any necessary 
24bond and takes any other necessary actions required by law to 
25qualify to assume office. Should any elected official fail to 
26appear at the organizational meeting of the city council to 
27demonstrate the official's qualifications for office and to take 
28the oath of office, the official shall fully qualify for office 
29and shall take the oath of office within fourteen days of the 
30date of the organizational meeting of the council or the office
 

1of that elected official shall be deemed to be vacant and the 
2vacancy shall be filled in the manner provided by this act. When 
3the terms of office of more than one council at-large member 
4expire, and more than one seated council member are to be 
5replaced as the result of an election, and only one of the newly 
6elected council members fails to qualify to assume office, those 
7members whose terms have expired and who are to be replaced 
8shall draw lots to determine which of them shall continue to 
9serve on council until the member's successor duly qualifies for 
10and takes the oath of office. No person continuing to hold 
11office pursuant to this section after the first Monday of 
12January which would have marked the end of the person's term 
13shall participate in the deliberations concerning or in any vote 
14appointing the person's successor.

15Section 905. Oath of Office; Violation of Oath; Penalty.--
16(a) All officers of the city, whether elected or appointed, 
17shall, before entering upon their respective duties, take and 
18subscribe [the oath prescribed by section 1 of article VII of 
19the Constitution of this Commonwealth. Any person refusing to 
20take such oath shall forfeit his office. Any person guilty of a 
21violation of his oath shall be guilty of a misdemeanor, and, 
22upon conviction, shall forfeit his office, and be sentenced to 
23pay a fine not exceeding one thousand dollars, or to undergo an 
24imprisonment not exceeding one year, or both, at the discretion 
25of the court.] an oath or affirmation of office pursuant to 53 
26Pa.C.S. § 1141 (relating to form of oaths of office).

27(b) Any person refusing to take the oath shall be deemed not
28to have met the qualifications to hold office. Any person who
29violates the person's oath commits a misdemeanor and shall, upon
30conviction, be sentenced to pay a fine not exceeding one

1thousand dollars or to undergo imprisonment not exceeding one
2year, or both, at the discretion of the court, and shall be
3subject to forfeiting office in accordance with section 901.

4Section 906. Bond to be Given by Officers and Agents.--
5[Council] In addition to the requirements for bonding that may 
6be imposed by this act or any other law, council may require 
7from all officers and agents of the city, elected or appointed, 
8lawful bonds with corporate sureties for the faithful 
9performance of their duties. No officer or agent required by law 
10or ordinance to give bond, as aforesaid, shall be sworn into 
11office or enter upon the duties thereof until such bond shall 
12have been duly approved by the proper authority.

13Section 907. Surety Bonds; [Premiums.--When any officer or 
14employe of any city is required to give a bond for the faithful 
15performance of this duties, such bond shall be endorsed by a 
16surety company, and the city shall pay the premium on such bond. 
17The bonds of city officers and employes hereafter given shall be 
18with corporate sureties and not with individual or personal 
19sureties.] Insurance; Premiums.--(a) Unless otherwise provided 
20by this act or any other provision of law, the following shall 
21apply when any elected or appointed officer or employe of any 
22city is required to give a bond:

23(1) The bond shall be for the faithful performance of the
24duties of the elected or appointed officer or employe.

25(2) The bond shall be endorsed by a surety or other company
26authorized by law to act as a surety and that is qualified to do
27business in this Commonwealth.

28(3) The bonds of elected or appointed officers and employes
29shall be with corporate sureties and not with individual or
30personal sureties.

1(4) The city shall pay the premium on the bond, unless all
2or a portion of the premium on the bond is to be paid by the
3Commonwealth or political subdivisions other than the city, or
4unless provisions are otherwise made in law for payment of the
5premium on the bond, in which case the city shall pay the unpaid
6portion of the premium.

7(5) The bond shall be approved by the city solicitor.

8(6) In addition to any other conditions required by law, the
9bond shall be in such sum and with such conditions as council
10may direct.

11(b) Except as may be otherwise provided in section 1402,
12when any elected or appointed officer or employe of any city is
13required to give a bond for the faithful performance of the 
14officer's or employe's duties, council may, in lieu of the bond,
15purchase one or more blanket bonds for elected or appointed
16officers or employes or it may purchase insurance provided that
17the insurance covers the same events of loss and insures the
18city against the same misconduct as the bond in compliance with
19this act.

20(c) In addition to any bond required by this act for the
21faithful performance of official duties by any elected or
22appointed officer or employe of any city or any insurance in
23lieu of the bond, council may require city officers or employes
24who as part of their official duties handle money or have money
25in their possession at any time to be covered by adequate
26insurance which provides the types of protection against loss as
27may be designated by council, which may include, but need not be
28limited to, protection against loss through robbery, burglary or
29larceny. The cost of the insurance shall be paid by the city and
30the amount of the insurance shall be fixed by council.

1Section 908. Officers not to Become Surety on Bonds Given to 
2City; Penalty.--No member of the council, or any other city 
3officer, shall become surety [in] on any bond or obligation 
4given to the city by any agent or contractor[,] for the faithful 
5performance of any trust, agency, or contract. Any person 
6violating any of the provisions of this section [shall be guilty 
7of] commits a misdemeanor[,] and shall, upon conviction, [shall 
8forfeit his] be subject to forfeiting office in accordance with 
9section 901 and [be] sentenced to pay a fine not exceeding one 
10hundred dollars.

11Section 909. Moneys and Accounts to be Delivered by Officer 
12to Successor.--Every officer of the city receiving or having in 
13[his] the officer's possession any money, accounts, property, 
14documents or effects belonging to the city shall, upon 
15termination of [his] office, deliver the same to the city or to 
16[his] the officer's qualified successor. Any person violating 
17the provisions of this section shall[, upon summary conviction 
18thereof before an alderman or justice of the peace, be sentenced 
19to pay a fine of not less than one hundred dollars or more than 
20three hundred dollars, and, in default of payment, undergo 
21imprisonment not exceeding ninety days. Such failure to deliver 
22shall, for each day thereof, be a separate and distinct 
23offense.] be subject to prosecution in accordance with the 
24applicable provisions of 18 Pa.C.S. (relating to crimes and 
25offenses). Nothing set forth in this section may limit any other 
26remedies at law or at equity available to the city.

27Section 53. Sections 910, 911, 912, 913, 914 and 915 of the
28act are repealed:

29[Section 910. Receipt of Bribe by Officer or Employe of 
30City; Penalty.--Any member of council, or other city officer or
 

1employe, who shall solicit, demand, or receive, or consent to 
2receive, directly or indirectly, for himself or for another, 
3from any company, corporation, or persons, any moneys, office, 
4appointment, employment, testimonial, reward, thing of value or 
5enjoyment or of personal advantage, or promise thereof, for his 
6vote or official influence, or for withholding the same, or with 
7an understanding, expressed or implied, that his vote or 
8official action shall be in any way influenced thereby, or who 
9shall solicit or demand such money or other advantage, matter, 
10or thing, aforesaid, for another, as the consideration of his 
11vote or official influence, or for withholding the same, or who 
12shall give or withhold his vote or influence in consideration of 
13the payment or promise of such money, advantage, or thing to 
14another, shall be guilty of bribery, a felony, and, upon 
15conviction thereof, shall be sentenced to pay a fine not 
16exceeding ten thousand dollars, and to undergo imprisonment for 
17a period not exceeding five years, and shall be forever 
18incapable of holding any place of profit or trust in this 
19Commonwealth.

20Section 911. Bribery of Officers or Employes; Penalty.--Any
21person who shall, directly or indirectly, offer, give, or
22promise any money or anything of value, testimonial, privilege,
23or personal advantage to any member of council or other city
24officer or employe, to influence him in the performance or
25nonperformance of any of his public or official duties, shall be
26guilty of bribery, and, upon conviction thereof, shall be
27sentenced to pay a fine not exceeding ten thousand dollars, and
28to undergo imprisonment for a period not exceeding five years,
29and shall be forever incapable of holding any place of profit or
30trust in this Commonwealth.

1Section 912. City Property not to be Used by Officers for
2Gain; Penalty.--No portion of the property of the city shall be
3used for private gain by any officer of the city, councilman,
4agent or employe of said city, or any department thereof; nor
5shall the same be wilfully used or injured, or be sold or
6disposed of in any manner by any officer, councilman, agent or
7employe, without the consent of the council. Any person
8violating any of the provisions of this section shall be guilty
9of a misdemeanor, and, upon conviction, shall be sentenced to
10pay a fine not exceeding five hundred dollars, or to undergo
11imprisonment not exceeding one year, or both, at the discretion
12of the court. Upon such conviction, the party offending shall be
13forthwith removed from his office or employment, and shall not
14thereafter be eligible to election or appointment to any place
15of profit or trust under said city, or any department thereof.

16Section 913. City not to Engage in Private Construction.--No
17official, officer, agent or employe of any city or of any
18department, office, institution or agency thereof, shall dispose
19of, or authorize or permit the disposal of, any services,
20materials, supplies or labor belonging to, or paid or contracted
21for by, the city or any of its departments, offices,
22institutions or agencies, in any building, installing, laying or
23other work of construction of any manner of thing, whether
24gratuitously or for a consideration, for private rather than
25public benefit, within or without the city's boundaries, unless
26such disposal is expressly or by necessary implication
27authorized or required by law. This section is intended to
28prohibit encroachment of officials, officers, agents or employes
29of a city upon the markets of legitimate private enterprise
30engaged in all types of construction work. Any official,

1officer, agent or employe of a city or any department, office,
2institution or agency thereof, violating the provisions of this
3section, shall, upon summary conviction thereof, forfeit and pay
4to the city a fine of not less than one hundred nor more than
5three hundred dollars for each such offense, or in default
6thereof undergo imprisonment for not more than ninety days; and
7each day's violation shall constitute a separate and distinct
8offense.

9Section 914. Warrants or Claims not to be Purchased by
10Officers; Penalty.--No member of the council or other officer of
11such city, shall purchase any warrant, order, or claim for labor
12or supplies furnished to said city, nor be interested, directly
13or indirectly, in the purchase of the same for any sum less than
14the amount specified therein. Any such person violating any of
15the provisions of this section shall be guilty of a misdemeanor,
16and, upon conviction thereof, shall forfeit his office and be
17sentenced to pay a fine not exceeding one hundred dollars.

18Section 915. Imposition of Penalties.--Whenever any offense
19punishable under this article IX shall also be punishable under
20the Penal Code of 1939, the penalties imposed, other than
21forfeiture of office or right to hold office, shall be only
22those prescribed by said Penal Code.]

23Section 54. Section 916 of the act, amended September 26,
241951 (P.L.1515, No.379), is amended to read:

25Section 916. [City Leagues] Pennsylvania Municipal League 
26and Other Municipal Affairs Organizations.--Any city may unite 
27with other cities, or with the cities of two or more classes, or 
28with any other municipalities, and may form and organize 
29[leagues] a league of said cities[,] and municipalities and hold 
30annual conventions for the study and consideration of such
 

1municipal affairs as concern and pertain to the cities and 
2municipalities comprising the league. [Each] A city that is a 
3member of [a] the league may send delegates thereto and pay the 
4necessary expenses incident to their attending [said] the annual 
5convention, [and] pay dues to the league, appropriate moneys to 
6join and participate in any of the various business and training 
7programs of the league designed to address municipal needs in a 
8cost-efficient manner and provide a fund for the necessary costs 
9and expenses of the league and league conventions and the work 
10carried on by [said] the league. Each delegate shall submit to 
11the city controller for approval an itemized account of [his] 
12the delegate's expenses to be paid [him] under the authority of 
13this section. Council is hereby authorized to appropriate 
14[monies] moneys for like support of and participation in other 
15organizations at the national and State level concerned with 
16municipal affairs.

17Section 55. Section 917 of the act is amended to read:

18Section 917. Powers of Subpoena; Compelling Testimony.--[In 
19any case where an official or officer of the city or any agency 
20thereof created or authorized by this act is specifically 
21empowered to conduct hearings and investigations, such officer, 
22official or agency] (a) This section applies to any of the 
23following that are specifically empowered to conduct hearings 
24and investigations:

25(1) an officer or official of the city; or

26(2) a city agency created or authorized to be created by
27this act.

28(b) The officer, official or city agency referred to in 
29subsection (a) shall have authority, for the purposes of [such] 
30hearings or investigations, to issue subpoenas for the
 

1attendance and giving of testimony of [such] witnesses as are 
2subject to the subpoenas of the courts of record of this 
3Commonwealth, and to issue subpoenas duces tecum as to [such] 
4the witnesses.

5(c) In the case of [any] a city agency, [such] the subpoenas 
6shall [issue] be issued in the name of the city and of the 
7agency upon the signature of the presiding officer [thereof] of 
8the city and the official seal, if any, of the agency. [Any 
9person refusing to obey the orders of any such subpoena shall, 
10upon summary conviction thereof before an alderman of the city, 
11be fined not less than ten nor more than three hundred dollars, 
12and in default of payment thereof shall be imprisoned for a 
13period not in excess of thirty days. All such fines shall be 
14paid to the city treasurer for the use of the city.]

15(d) Subpoenas shall be served by any adult person as
16directed by the city or city agency, in accordance with the
17rules of civil procedure, and return of service shall be filed
18in accordance with law and applicable rules of court.

19(e) Subpoenas issued by any officer or official of the city
20or any city agency shall be enforced in the same manner, and
21violations of a subpoena shall be subject to the same penalties
22as provided by general law for subpoenas of the courts of common
23pleas of the Commonwealth.

24Section 56. Section 918 of the act, added August 1, 1963
25(P.L.459, No.244), is amended to read:

26Section 918. Consolidation or Integration of Fire and Police 
27Personnel Prohibited.--No city shall consolidate, integrate or 
28in any manner reorganize the paid members of the fire [bureau] 
29force and the paid members of the police [bureau] force into one 
30bureau or organization.

1Section 57. Article X and subdivision (a) headings of the
2act are reenacted to read:

3ARTICLE X

4THE COUNCIL

5(a) General Provisions

6Section 58. Section 1001 of the act, amended July 27, 1973
7(P.L.230, No.60), is amended to read:

8Section 1001. Qualifications of [Councilmen.--The 
9councilmen] Council Members.--(a) The council members shall be 
10at least [twenty-one] eighteen years of age[,] and shall be 
11elected by the electors at large[. They shall have been 
12residents of the city wherein they shall be elected throughout 
13one year next before their election, and shall reside therein 
14throughout their terms of service.], subject to the creation of 
15wards pursuant to Article IV.

16(b) Council members shall reside in the city from which
17elected and shall have resided in the city continuously for at
18least one year before their election. Prior to being sworn in to
19office and as a condition to qualifying for office, each elected
20council member shall present a signed affidavit to the city
21clerk that states the person resides in the city from which
22elected and has resided in the city continuously for at least
23one year preceding the person's election.

24(c) No officer of the United States or of the Commonwealth 
25of Pennsylvania (except notaries public or officers of the 
26militia), nor any county officer, nor any officer of any school 
27district embraced in the territory of [said] the city, nor any 
28officer or employe of [said] the city, or of any department 
29[thereof, nor any member or employe of a municipality authority 
30of which the city is a member] of the city, shall serve as a
 

1[councilman during his continuance or] council member while 
2continuing to hold the incompatible office or employment, except 
3as hereinafter provided.

4Section 59. Section 1002 of the act is amended to read:

5Section 1002. Vesting of Legislative Power.--The legislative 
6power of every city shall be vested in a council composed of the 
7mayor and [four councilmen] council members.

8Section 60. Section 1003 of the act, amended April 9, 1957
9(P.L.53, No.27), is amended to read:

10Section 1003. Organization of Council.--[The] On the first 
11Monday of January following the regular municipal election, the 
12members of council shall assemble [in their] at the usual place 
13of meeting[,] for the purpose of organizing[, at ten o'clock in 
14the forenoon of the first Monday of January next succeeding the 
15regular municipal election]. If the first Monday is a legal 
16holiday, the meeting shall be held the first day following [at 
17the time herein prescribed]. The mayor shall be the president of 
18the council, and a member [thereof] of the council, and shall 
19have the same rights and duties, including the introduction of 
20bills and the making of motions, as pertain to [councilmen.] 
21other council members. Unless otherwise provided by ordinance in 
22accordance with section 1101, the vice president of city council 
23shall be the member of city council designated as the director 
24of the department of accounts and finance or, if a member of 
25city council is not the director of that department, the member 
26of council appointed by the council as its vice president.

27Section 61. Sections 1004 and 1005 of the act are amended to
28read:

29Section 1004. Oath of [Councilmen] Council Members; Quorum; 
30Rules.--(a) The members of council shall take the oath of
 

1office provided for [by this act, which oath may be administered 
2by the city clerk or any other person authorized to administer 
3oaths. Three] in section 905.

4(b) A majority of the whole number of members of council 
5shall constitute a quorum, but a smaller number may compel the 
6attendance of absent members, under penalties to be prescribed 
7by ordinance. Only members physically present at a meeting place 
8within the city shall be counted in establishing a quorum. 

9(c) The council may, consistent with law, determine [its own 
10rules] and adopt rules for its procedure and conduct of 
11business.

12Section 1005. Meetings of Council; Notice; Participation by 
13Telecommunication Device.--(a) The council shall hold stated 
14meetings at least once in each month, and at such other times as 
15may be fixed by ordinance, and continue them so long as the 
16transaction of the public business demands. The mayor [may, and 
17upon request of two councilmen must, call special meetings of 
18council upon], as president of council, may call special 
19meetings of council. A special meeting of council shall be 
20called by the mayor upon the request of two council members in 
21the case of a five-member council, or upon the request of three 
22council members in the case of a seven-member council. In 
23addition to any notice required by 65 Pa.C.S. Ch. 7 (relating to 
24open meetings), twenty-four hours' notice of a special meeting 
25shall be given to each member[, which notice shall state whether 
26such meeting is to be convened for special or general business. 
27If called for special business, only such business shall be 
28considered as is stated in the notice. Such notice may be waived 
29by unanimous consent of council]. A special meeting can be a 
30special purpose meeting or a general purpose meeting, as
 

1advertised. Notice of a special meeting shall state the nature 
2of the business to be conducted at the meeting.

3(b) Council may provide for the participation of council
4members in meetings of council by means of telecommunication
5devices, such as telephones or computer terminals, which permit,
6at a minimum, audio communication between locations, provided
7that:

8(1) A majority of the whole number of members of council are
9physically present at the advertised meeting place within the
10city and a quorum is established at the convening or reconvening
11of the meeting. If after the convening or reconvening of the
12meeting a member has been disqualified from voting as a matter
13of law but is still physically present, council members
14participating by telecommunication device in accordance with
15this section shall be counted to maintain a quorum.

16(2) The telecommunication device used permits the member or
17members of council not physically present at the meeting to:

18(i) speak to and hear the comments and votes, if any, of the
19members of council who are physically present as well as other
20members of council who may not be physically present and who are
21also using a telecommunication device to participate in the
22meeting; and

23(ii) speak to and hear the comments of the public who are
24physically present at the meeting.

25(3) The telecommunication device used permits members of
26council and the members of the public who are physically present
27at the meeting to speak to and hear the comments and vote, if
28any, of the member or members of council who are not physically
29present at the meeting.

30(4) Council may only authorize participation by

1telecommunication device for one or more of the following
2reasons for physical absence:

3(i) illness or disability of the member of council;

4(ii) care for the ill or newborn in the member's immediate
5family;

6(iii) emergency;

7(iv) family or business travel.

8(5) Nothing in this subsection may be construed to limit the
9protections and prohibitions contained in any law or regulation
10relating to the rights of the disabled.

11(c) All meetings of council, whether regular or special, 
12shall be open to the public. The council shall be a continuous 
13body, and it shall be lawful for any council to complete any 
14unfinished business or legislation begun by the preceding 
15council.

16Section 62. Sections 1006, 1007, 1008, 1009, 1010 and 1011
17of the act are repealed:

18[Section 1006. Ordinances; Resolutions; Rules and 
19Regulations; Imposition of Fines.--The council of every city 
20shall pass ordinances, resolutions, rules and regulations in 
21accordance with the provisions of this act, and not inconsistent 
22therewith, as may be necessary to carry into effect the 
23requirements thereof, and may impose fines and penalties for the 
24violation of such ordinances, rules and regulations, recoverable 
25in the manner hereinafter provided for the recovery of fines and 
26penalties for the violation of city ordinances and subject to 
27like limitations as to the amount thereof.

28Section 1007. Voting; No Veto; Vote Necessary to Pass
29Ordinance.--Each of the five members of council, shall vote on
30all questions coming before the council, except as hereafter

1provided. The mayor shall have no right of veto. Except as
2otherwise provided in this act, an affirmative vote of three
3members shall be necessary in order to pass any ordinance,
4resolution, rule or regulation.

5Section 1008. Journal of Proceedings; Recording and
6Withholding of Vote.--The council shall keep a journal of its
7proceedings, which shall be in the possession of the city clerk,
8and which shall at all times be open to public inspection. Upon
9every vote, the yeas and nays shall be called and recorded by
10the city clerk. Every motion, resolution, or ordinance shall be
11reduced to writing before the vote is taken thereon. No member
12in attendance shall withhold his vote on any measure, bill or
13question unless the council excuse him and enter the reason upon
14the journal.

15Section 1009. Disclosures of Interest by Councilman.--A
16member who has a personal or private interest in any question,
17measure or bill proposed or pending before the council shall
18disclose the fact to council, and shall not vote thereon, nor
19take any part in the discussion of the same. If such interested
20person shall vote without disclosing his interest in such
21question, measure or bill, he shall forfeit his office, and
22council may avoid the enactment or transaction or not, as it
23deems best.

24Section 1010. Ordinances and Resolutions; Signing by Mayor
25and City Clerk.--Every legislative act of the council shall be
26by resolution or ordinance, and every ordinance which shall have
27passed said council shall be signed by the mayor and attested by
28the city clerk.

29Section 1011. Bills; Titles.--All proposed ordinances shall
30be presented to council in written form as bills and shall be

1numbered serially for the calendar year. They shall not be so
2altered or amended on their passage through council as to change
3their original purpose. No ordinances, except general
4appropriation ordinances, shall be passed containing more than
5one subject, which shall be expressed in its title.]

6Section 63. Section 1012 of the act, amended July 30, 1975
7(P.L.130, No.64), is repealed:

8[Section 1012. Reading of Bills; Final Passage.--The title
9of every bill shall be read when introduced and on final
10passage, except as to amendments or other changes which shall be
11read at length. A complete copy of every bill introduced shall
12be available for public inspection at the clerk's office during
13regular office hours. No bill shall be passed finally on the
14same day on which it was introduced. At least three days shall
15intervene between its introduction and its final passage. Upon
16final passage, ordinances shall be numbered serially.]

17Section 64. Section 1013 of the act is repealed:

18[Section 1013. Payments not Authorized by Law.--No ordinance
19shall be passed providing for the payment of any money by the
20city without previous authority of law. Any officer drawing or
21countersigning any warrant or passing any voucher for a payment
22not authorized by law, or making such payment, shall be guilty
23of a misdemeanor, and, upon conviction thereof, shall be
24sentenced to pay a fine not exceeding five thousand dollars, and
25undergo imprisonment not exceeding one year.]

26Section 65. Section 1014 of the act, amended December 1,
271977 (P.L.242, No.78), is repealed:

28[Section 1014. Time of Taking Effect of Ordinances; 
29Publication; Recording; Proof and Evidence; Notice of Building, 
30Housing, Fire Prevention, Electrical, Plumbing and Zoning
 

1Ordinances and Other Standard or Nationally Recognized Codes, 
2Maps and Plans.--All ordinances shall, unless otherwise provided 
3therein or by law, take effect in ten days after their passage, 
4upon their being signed by the mayor and attested by the city 
5clerk. Every proposed ordinance, except as otherwise herein 
6provided, prescribing a penalty for the violation thereof shall 
7be forthwith published not more than sixty days nor less than 
8seven days prior to passage in at least one and not more than 
9two newspapers printed or circulated within the city, in the 
10manner provided by section one hundred and nine of this act. 
11Publication of any proposed ordinance shall include either the 
12full text thereof or the title and a brief summary prepared by 
13the city solicitor setting forth all the provisions in 
14reasonable detail and a reference to a place within the city 
15where copies of the proposed ordinance may be examined. If the 
16full text is not included a copy thereof shall be supplied to 
17the same newspaper of general circulation in the city at the 
18time the public notice is published. If the full text is not 
19included an attested copy thereof shall be filed in the county 
20law library or other county office designated by the county 
21commissioners who may impose a fee no greater than that 
22necessary to cover the actual costs of storing said ordinances. 
23In the event substantial amendments are made in the proposed 
24ordinance or resolution, before voting upon enactment, council 
25shall within ten days readvertise in one newspaper of general 
26circulation in the city, a brief summary setting forth all the 
27provisions in reasonable detail together with a summary of the 
28amendments. All ordinances shall, within one month after their 
29passage, be certified and recorded by the city clerk, in a book 
30provided by the city for that purpose, which shall be at all
 

1times open to the inspection of citizens. Any and all city 
2ordinances, or portions thereof, the text of which, prior to the 
3effective date of this amending act, shall have been attached to 
4the city ordinance book, shall be considered in force just as if 
5such ordinances, or portions thereof, had been recorded directly 
6upon the pages of such ordinance book: Provided, That all other 
7requirements of this act applicable to the enactment, approval, 
8advertising and recording of such ordinance, or portions 
9thereof, were complied with within the time prescribed by this 
10act. All ordinances, resolutions, motions or other proceedings 
11of council may be proved by the certificate of the city clerk 
12under the corporate seal, and when printed or published in book 
13or pamphlet form by authority of the city, shall be read and 
14received as evidence in all courts and elsewhere without further 
15proof. At least one week and not more than three weeks prior to 
16the first reading of any proposed building code, ordinance, 
17housing code, ordinance, fire prevention code, ordinance, 
18electrical code, ordinance, plumbing code, ordinance, or zoning 
19ordinance, or any standard or nationally recognized code, 
20ordinance, or any changes or variations of any standard or 
21nationally recognized code, or parts thereof, by council, an 
22informative notice of intention to consider such ordinance and a 
23brief summary setting forth the principal provisions of the 
24proposed ordinance in such reasonable detail as will give 
25adequate notice of its contents, and a reference to the place or 
26places within the city where copies of the proposed building 
27code, housing code, fire prevention code, electrical code, 
28plumbing code, or zoning ordinance or any standard or nationally 
29recognized code may be examined or obtained, shall be published 
30in the manner herein provided for the publication of ordinances.
 

1Such building code, ordinance, housing code, ordinance, fire 
2prevention code, ordinance, electrical code, ordinance, plumbing 
3code, ordinance, or zoning ordinance or any standard or 
4nationally recognized code, ordinance, shall not be published 
5after adoption, but not less than three copies thereof shall be 
6made available for public inspection, and use during business 
7hours for at least three months after adoption, and printed 
8copies thereof shall be supplied upon demand, at cost. In any 
9case in which maps, plans or drawings of any kind are to be 
10adopted as part of an ordinance, council may, instead of 
11publishing the same as part of the ordinance, refer, in 
12publishing the ordinance or a summary thereof, to the place 
13where such maps, plans or drawings are on file and may be 
14examined.]

15Section 66. Section 1014.1 of the act, added July 10, 1957
16(P.L.631, No.340), is repealed:

17[Section 1014.1. Codification of Ordinances.--(a) When a
18city of the third class shall have caused to be prepared a
19consolidation, codification or revision, containing minor
20nonsubstantive changes of the general body of its ordinances,
21the city council may adopt the consolidation, codification or
22revision, containing minor nonsubstantive changes, as an
23ordinance, in the same manner that is now prescribed by law for
24the adoption of its ordinances except as hereinafter provided.

25(b) A consolidation, codification or revision, containing
26minor nonsubstantive changes of city ordinances, to be enacted
27as a single ordinance, shall be introduced in the city council
28at least thirty days before its final enactment and, at least
29fifteen days before its final enactment, notice of the
30introduction thereof specifying its general nature and content

1shall be given by advertisement in a newspaper of general
2circulation in the city.

3(c) When the consolidation, codification or revision,
4containing minor nonsubstantive changes, is enacted as an
5ordinance, it shall not be necessary to advertise the entire
6text thereof, but it shall be sufficient to publish or advertise
7the table of contents thereof in the manner provided by law for
8the advertising of ordinances, and to state in the advertisement
9if it be the case that the consolidation, codification or
10revision, containing minor nonsubstantive changes, contains a
11penalty or penalties. The advertisement shall indicate a place
12within the city where a copy thereof may be examined.

13(d) The procedure set forth in this section for the
14consolidation, codification or revision, containing minor
15nonsubstantive changes of city ordinances as a single ordinance,
16may also be followed in enacting a complete group or body of
17ordinances repealing or amending existing ordinances as may be
18necessary in the course of preparing a consolidation,
19codification or revision containing minor nonsubstantive changes
20of the city ordinances.

21(e) The consolidation, codification or revision, containing
22minor nonsubstantive changes, may contain matter which, when it
23becomes effective as an ordinance, will operate to adopt by
24reference any building, fire prevention or other standard or
25model code or zoning ordinance and zoning map.]

26Section 67. Section 1015 of the act is amended to read:

27Section 1015. Attendance of Witnesses and Production of 
28Books Before Council or Committee [Thereof] of Council.--(a)
29The council of any city may compel the attendance of 
30witnesses[,] and the production of books, papers, and other
 

1evidence[,] at any meeting of the body or any committee 
2[thereof] of the council. For that purpose, subpoenas may 
3[issue] be issued, signed by the mayor or the [chairman] 
4chairperson of the committee, in any pending case of inquiry[,] 
5or investigation, [or impeachment,] and the [same] subpoenas may 
6be served and executed in any part of this Commonwealth. Any 
7member of council and the city clerk shall have power to 
8administer oaths to [such] the witnesses. If any witness shall 
9refuse to testify as to any fact within [his] the witness's 
10knowledge, or to produce any books or papers within [his] the 
11witness's possession or under [his] the witness's control[,] 
12required to be used as evidence in [any such] the case, the city 
13clerk shall [forthwith] report the facts relating to [such] the 
14refusal to the court of common pleas. All questions arising upon 
15[such] the refusal, and also upon any new evidence[,] not 
16included in [said] the clerk's report (which new evidence may be 
17offered in behalf of or against such witness), shall at once be 
18heard by [said] the court. If the court determines that the 
19testimony or evidence required by [such] the witness is legal 
20and properly competent[,] and ought to be given or produced by 
21[him] the witness, then [said] the court shall make an order 
22commanding [such] the witness to testify or produce books or 
23papers, or both, as the case may be. If [such] the witness shall 
24thereafter, in disobedience of [such] the order of the court, 
25refuse to testify or to produce the books or papers[, as 
26aforesaid], then the [said] court shall have power to order the 
27commitment of [such] the witness for contempt.

28(b) Any person[,] so called as a witness[,] and examined
29under oath[,] shall be liable to indictment, conviction[,] and
30punishment for perjury[,] in the same manner and to the same

1extent as if the witness had been called and examined before any
2committee of the Legislature, or in any judicial proceeding
3before any of the courts of record, in accordance with existing
4laws. [No] A person outside of [such] the city, subpoenaed [as
5aforesaid] under this section, shall be [required to respond to
6the same until he has been furnished with] entitled to be 
7reimbursed for mileage to and from [said] the city[,] at the
8[rate of ten cents per mile] maximum mileage rate periodically 
9established by the United States Internal Revenue Service, and a
10per diem allowance [of three dollars] as established by council
11for the person's time [his presence is desired] in [said] the
12city.

13Section 68. Section 1016 of the act, amended May 11, 1959
14(P.L.307, No.54), is amended to read:

15Section 1016. Salaries.--[Councilmen] (a) Council members 
16shall receive for their services during their term of service 
17annual salaries, to be fixed by ordinance, payable in [monthly 
18or semi-monthly instalments] regular installments. Councils may, 
19by the ordinance fixing [said] the salaries, provide for the 
20assessment and retention [therefrom] from the salaries of 
21reasonable fines for absence from regular or special meetings of 
22council or [councilmanic] committees of the council.

23(b) As an alternative to the annual salary method for
24establishing the compensation payable to members of the city
25council, the council may provide that the members of council
26will receive compensation on a per-meeting-attended basis,
27provided that the compensation shall only be payable for duly
28advertised public meetings in which a council member
29participated. If council has provided that members of council
30will receive compensation on a per-meeting basis, council may

1provide for the forfeiture of up to one-twelfth of the annual
2compensation of any council member or impose another appropriate
3penalty for each unexcused absence from regularly scheduled
4legislative council sessions.

5(c) The salary paid to any [councilman] council member shall 
6[not be less than two hundred and fifty dollars per year.] be in 
7accordance with this subsection:

8(1) For the term of city [councilmen] council members in 
9newly created cities, and until [thereafter] changed by 
10ordinance, [the salary of] each [councilman shall be] council 
11member may receive a salary as follows:

12[In cities of fifteen thousand inhabitants or under by the
13last United States census, each councilman shall receive a
14salary of nine hundred dollars per annum; where said population
15is between fifteen thousand and thirty thousand, one thousand
16eight hundred dollars per annum; in cities having a population
17above thirty thousand, three thousand six hundred dollars per
18annum.]

19(i) not more than one thousand eight hundred seventy-five
20dollars per year in cities having a population of less than five
21thousand;

22(ii) not more than two thousand five hundred dollars per
23year in cities having a population of five thousand or more, but
24less than ten thousand;

25(iii) not more than three thousand two hundred fifty dollars
26per year in cities having a population of ten thousand or more,
27but less than fifteen thousand;

28(iv) not more than four thousand one hundred twenty-five
29dollars per year in cities having a population of fifteen
30thousand or more, but less than twenty-five thousand;

1(v) not more than four thousand three hundred seventy-five
2dollars per year in cities having a population of twenty-five
3thousand or more, but less than thirty-five thousand; and

4(vi) not more than five thousand dollars per year in cities
5having a population of thirty-five thousand or more.

6(2) The compensation to be received by [councilmen shall not
7be increased or diminished after their election; but succeeding
8councils may change all compensation, said change to take effect
9as to councilmen taking office at least six months after the
10passage of the ordinance providing for such change.] council 
11members and elected officials in cities other than newly created 
12cities shall be fixed by ordinance of council finally enacted at 
13least two days prior to the last day fixed by law for candidates 
14to withdraw their names from nominating petitions previous to 
15the day of the municipal election.

16Section 69. The act is amended by adding a section to read:

17Section 1016.1. Appointment of City Clerk.--(a) The council
18of each city shall appoint a city clerk who shall be an at-will
19employe with no property interest in the city clerk's position
20and whose compensation shall be fixed by ordinance.

21(b) Council may by ordinance or resolution prescribe duties
22of the city clerk in addition to those established by law. The
23city clerk shall have the power of a notary public to administer
24oaths in any matter pertaining to the business of the city or in
25any legal proceeding in which it is interested.

26(c) The records of council shall be in the actual or
27constructive custody of the city clerk and shall be subject to
28inspection and copying in accordance with the act of February
2914, 2008 (P.L.6, No.3), known as the "Right-to-Know Law."

30Section 70. Section 1017 of the act, repealed in part April

128, 1978 (P.L.202, No.53), is repealed:

2[Section 1017. Enforcement of Ordinances; Recovery and 
3Payment Over of Fines and Penalties.--All actions, prosecutions, 
4complaints, and proceedings for the violation of the ordinances 
5of the city, and for fines, penalties, and forfeitures imposed 
6thereby, shall be instituted in the corporate name of the city, 
7and be conducted in the manner prescribed by law.

8No warrant shall be issued except upon complaint, upon oath
9or affirmation, specifying the ordinance for the violation of
10which the same is issued. All process shall be directed to and
11be served by any policeman or constable of the city, who shall
12execute the same as may be provided by law.

13Warrants shall be returnable forthwith. Every summons shall
14be returnable in not less than five nor more than eight days
15from the date thereof. Upon such return, like proceedings shall
16be had in all cases as are directed by law for summary
17convictions, or proceedings for the recovery of penalties,
18before justices of the peace, with the same right of appeal from
19any final judgment entered.]

20Section 71. Section 1018 of the act is repealed:

21[Section 1018. Cost of Maintenance of Prisoners in County
22Jails.--When a prisoner shall be committed to any county jail or
23prison in this Commonwealth, either for the nonpayment of a fine
24or penalty imposed for the violation of any city ordinance, or
25while awaiting a hearing upon any charge for the violation of
26any city ordinance, the cost of proceedings and the expenses of
27maintaining such prisoner during his confinement by virtue of
28any such commitment, shall be paid by the city, whose ordinances
29were alleged to have been violated, or to which any such fines
30or penalties are payable. The county in which such city is

1located shall not be liable for any such maintenance, or to any
2officer, magistrate, alderman, or person for any costs of such
3proceedings.]

4Section 72. Article X of the act is amended by adding a
5subdivision to read:

6(a.1) Ordinances

7Section 1018.1. Ordinances and resolutions.

8(a) Ordinances.--With regard to ordinances, the following
9shall apply:

10(1) The council of every city shall enact ordinances, in
11accordance with the provisions of this act, as may be
12necessary to carry out the requirements of this act, and may
13impose fines and penalties for the violation of the
14ordinances, recoverable in the manner provided in this act
15for the recovery of fines and penalties for the violation of
16city ordinances and subject to limitations as to the amount
17of the fines and penalties.

18(2) Every legislative act of the council shall be by
19ordinance, and the legislative acts shall include, but not be
20limited to, tax ordinances, general appropriation ordinances
21and all ordinances that exercise the police power of the
22city; regulate land use, development and subdivision; impose
23building, plumbing, electrical, property maintenance, housing
24and similar standards; and otherwise regulate the conduct of
25persons or entities within the city; and impose penalties for
26the violation of the ordinances.

27(3) A proposed ordinance may be introduced by any
28council member, and council may require that the introduction
29of a proposed ordinance by a council member be by motion.

30(b) Resolutions.--With regard to resolutions, the following

1shall apply:

2(1) The council of every city shall adopt resolutions in
3accordance with the provisions of this act.

4(2) The purposes for which resolutions may be adopted
5shall include, but not be limited to, ceremonial or
6congratulatory expressions of the good will of the council,
7statements of public policy of the council, approval of
8formal agreements of the city, except when the agreements
9arise under a previously approved purchasing system of the
10city, approval of the acquisition, disposition and leasing of
11real property and the approval, when required, of
12administrative rules and regulations arising under State
13statutes or city ordinances.

14(3) When eminent domain proceedings are instituted by
15resolution, notice of the resolution, including a description
16of the subject properties, shall be published once in one
17newspaper of general circulation not more than 60 days nor
18fewer than seven days prior to adoption.

19Section 1018.2. Voting; no veto; vote necessary to enact
20ordinances or adopt resolutions.

21(a) Voting generally.--Members of council present or
22participating via a telecommunication device shall vote on all
23questions coming before the council, except as may be required
24by the provisions of any public official ethics law which may
25from time to time be applicable to members of city council and
26except as may be excused by a simple majority vote of the
27members of council present at any meeting of the council for
28such cause as they may determine to be appropriate and which
29cause shall be entered upon the journal.

30(b) Veto.--The mayor shall have no right of veto.

1(c) Majority vote.--Except as otherwise provided in this
2act, no ordinance may be enacted or resolution adopted by the
3council without an affirmative vote of a majority of the whole
4number of the members of council.

5Section 1018.3. Journal of proceedings; recording and
6withholding of vote.

7The council shall keep a journal of its proceedings, which
8shall be in the possession of the city clerk and which shall at
9all times be open to public inspection. Upon every vote, the
10yeas and nays shall be called and recorded by the city clerk. An
11ordinance shall and a resolution may be reduced to writing
12before the vote is taken on the ordinance or resolution. A
13member of council shall not withhold the member's vote on any
14question coming before the council, unless permitted to do so in
15accordance with section 1018.2(a).

16Section 1018.4. Signing and attesting ordinances.

17Every legislative act of the council shall be by ordinance,
18and every ordinance enacted by council shall be signed by the
19mayor and attested by the city clerk.

20Section 1018.5. Proposed ordinances; titles.

21All proposed ordinances shall be presented to council in
22written form as bills and shall be numbered serially for the
23calendar year. No ordinances, except general appropriation
24ordinances, may be enacted containing more than one subject,
25which shall be reasonably identified in its title. No ordinance
26shall be so altered or amended upon enactment by council as to
27change the original purpose. The title of an ordinance shall not
28be considered in the construction or interpretation of the
29ordinance by a court of competent jurisdiction.

30Section 1018.6. Reading of proposed ordinances; final

1enactment.

2(a) Reading.--The title of every proposed ordinance shall be
3read at least twice, once when introduced and again before final
4enactment by council. Amendments or other changes to the
5proposed ordinance shall be read at length.

6(b) Public availability.--A complete copy of every ordinance
7introduced shall be available for public inspection at the
8clerk's office during regular office hours.

9(c) Time frame.--No ordinance shall be finally enacted by
10council on the same day on which it was introduced, and at least
11three days shall intervene between its introduction and its
12final enactment by council.

13(d) Numbering.--Upon enactment, ordinances shall be numbered
14serially.

15Section 1018.7. Payments not authorized by law.

16No ordinance may be enacted or resolution be adopted
17providing for the payment of any money by the city without
18previous authority of law. Any officer executing a document
19authorizing payment or passing a voucher for a payment not
20authorized by law, or making the payment, commits a misdemeanor
21and shall, upon conviction, be sentenced to pay a fine of not
22more than $5,000 and to imprisonment for not more than one year.

23Section 1018.8. Time of taking effect of ordinances.

24All ordinances, except those pertaining to the subjects set
25forth in section 1050(b), and unless otherwise provided by law,
26shall take effect on the tenth day after enactment, upon being
27signed by the mayor and attested by the city clerk.

28Section 1018.9. Publication of proposed ordinances.

29(a) Publication required.--Every proposed ordinance, except
30as otherwise provided in this act, shall be published in a

1newspaper of general circulation not more than 60 days nor fewer
2than seven days prior to enactment.

3(b) Contents.--Except as otherwise provided in law, the
4publication of a proposed ordinance shall include either the
5full text or the title and a summary of the ordinance setting
6forth the provisions in reasonable detail and a reference to a
7place within the city where copies of the proposed ordinance may
8be examined. If the full text is not published, the newspaper in
9which the proposed ordinance is published shall, upon request,
10be furnished a copy of the ordinance.

11(c) Readvertisement.--In the event substantial amendments
12are made in the proposed ordinance, before voting upon 
13enactment, council shall within ten days readvertise in one 
14newspaper of general circulation a brief summary setting forth
15all the provisions in reasonable detail together with a summary
16of the amendments.

17Section 1018.10. Filing of proposed ordinances.

18(a) Place of filing.--If the full text is not published, an
19attested copy of the proposed ordinance shall be filed when the
20summary of the ordinance is published in the county law library
21or other county office designated by the county commissioners
22who may impose a fee no greater than that necessary to cover the
23actual costs of storing the proposed ordinances. <-Filing with the 
24county may be completed by the submission of an electronic copy 
25of the ordinance through a method available, in the sole 
26discretion of the county, to permit receipt by the office 
27storing municipal ordinances. Upon request by the city, the 
28county shall notify the city of the method by which electronic 
29copies may be submitted. The county may store the ordinance 
30electronically, provided that the public is able to access the
 

1electronically stored city ordinances during regular business 
2hours at the office or at a remote location. The city shall 
3retain a printed copy of the e-mail and ordinance as 
4transmitted.

5(b) Date of filing.--The date of filing the proposed
6ordinance with the county shall not affect the effective date of
7the ordinance or the validity of the process of enactment of the
8ordinance<-, nor shall a failure to file within the time provided
9be deemed a defect in the process of the enactment or adoption
10of the ordinance.

11Section 1018.11. Records of ordinances maintained by city
12clerk.

13(a) Records.--All ordinances shall, within one month after
14their enactment, be certified and recorded by the city clerk in
15a book provided by the city for that purpose which shall be at
16all times open to the inspection of citizens. A standard or
17nationally recognized code or any portion of the standard or
18nationally recognized code enacted by reference need not be
19recorded in or attached to the ordinance book, but shall be
20deemed to have been legally recorded if the ordinance by which
21the code was enacted by reference is recorded, with an
22accompanying notation stating where the full text of the code is
23filed. <-A failure to record within the time provided shall not be 
24deemed a defect in the process of the enactment or adoption of 
25such ordinance.

26(b) Compilation or codification.--At the close of each year,
27with the advice and assistance of the city solicitor, the city
28clerk shall bind, compile or codify all the ordinances of the
29city, or true copies of the ordinances, which then remain in
30force and effect.

1(c) Indexing.--The city clerk shall also properly index the
2record books, compilation or codification of ordinances.

3(d) Retention.--The retention of ordinances shall be in
4accordance with 53 Pa.C.S. Ch. 13 Subch. F (relating to
5records).

6(e) Attachment.--A city ordinance or portions of a city
7ordinance, the text of which prior to the effective date of this
8act is attached to the city ordinance book, shall be considered
9in force as if the ordinance or portions of the ordinance were
10recorded directly upon the pages of the ordinance book.

11Section 1018.12. Proof and evidence.

12All ordinances, resolutions, motions or other proceedings of
13council may be proved by the certificate of the city clerk under
14the corporate seal and, when printed or published in book or
15pamphlet form by authority of the city, shall be read and
16received as evidence in all courts and elsewhere without further
17proof.

18Section 1018.13. Standard or nationally recognized codes.

19(a) Authority to enact.--In the same manner as other
20ordinances, and except as otherwise provided in this act or the
21Pennsylvania Construction Code Act, council may enact, by
22reference to a standard or nationally recognized code, all or
23any portion of the standard or nationally recognized code as an
24ordinance of the city. Three copies of the proposed standard or
25nationally recognized code, portion of the code or amendment to
26the code shall be filed in the office of the city clerk at least
27ten days before the city council considers the proposed
28ordinance and upon enactment shall be kept with the ordinance
29book and available for public use, inspection and examination.

30(b) Time frame.--

1(1) Except as otherwise provided by the Pennsylvania
2Construction Code Act, and regulations adopted pursuant to
3the act, an ordinance adopting by reference any standard or
4nationally recognized code shall be enacted within 60 days
5after its introduction and shall encompass subsequent changes
6in the code unless otherwise specified in the ordinance.

7(2) An ordinance which incorporates standard or
8nationally recognized code amendments by reference shall
9become effective after the same procedure and in the same
10manner as is specified in this section for original adoption
11of the code.

12(c) Technical regulations or code.--An ordinance that
13incorporates by reference standard technical regulations or code
14shall be subject to the provisions of the Pennsylvania
15Construction Code Act, if applicable.

16Section 1018.14. Maps, plans or drawings.

17Except as may be otherwise provided under the Pennsylvania
18Municipalities Planning Code, if maps, plans or drawings of any
19kind are to be adopted as part of an ordinance, the council may,
20instead of publishing the maps, plans or drawings as part of the
21ordinance, make reference in publishing the ordinance or a
22summary of the ordinance to the place where the maps, plans or
23drawings are on file and may be examined. Once enacted as part
24of an ordinance, a map, plan or drawing shall be amended by
25ordinance.

26Section 1018.15. Codification of ordinances.

27(a) Preparation authorized.--City council may prepare a
28consolidation or codification of the general body of city
29ordinances or the ordinances on a particular subject. City
30council may adopt the consolidation or codification as an

1ordinance of the city in the same manner prescribed for the
2adoption of its ordinances, except as follows:

3(1) A consolidation or codification to be enacted as a
4single ordinance shall be introduced in the city council at
5least 30 days before its final enactment; and at least 15
6days before final enactment, notice of introduction of the
7consolidation or codification specifying its general nature
8and content shall be given by advertisement in a newspaper of 
9general circulation.

10(2) The required advertised notice of the proposed
11adoption of the consolidation or codification shall include a
12listing of its table of contents, and the advertisement shall
13indicate a place within the city where a copy of the proposed
14consolidation or codification may be examined.

15(b) Additional procedure.--The procedure for the
16consolidation or codification of city ordinances as a single
17ordinance may also be followed in enacting a complete group or
18body of ordinances repealing or amending existing ordinances as
19may be necessary in the course of preparing a consolidation or
20codification of the city ordinances, except that the
21advertisement giving notice of the proposed adoption shall list,
22in lieu of a table of contents, the titles only of each of the
23ordinances in the complete group or body of ordinances.

24(c) Adoption by reference.--The consolidation or
25codification may contain matter, which, when it becomes
26effective as an ordinance, will operate to adopt by reference
27any building, fire prevention or other standard or model code or
28zoning ordinance and zoning map in accordance with section
291018.13 and, if applicable, section 1018.14.

30Section 1018.16. Enforcement of ordinances; recovery and

1payment of fines and penalties.

2(a) Enforcement.--Actions, prosecutions, complaints and
3proceedings for the violation of the ordinances of the city and
4for fines, penalties and forfeitures imposed shall be instituted
5in the corporate name of the city and be conducted in the manner
6prescribed by law.

7(b) Proceedings.--Unless otherwise provided by law,
8proceedings for the violation of the ordinances of the city
9shall be conducted as summary conviction proceedings, or
10proceedings for the recovery of penalties, before magisterial
11district judges with the same right of appeal from any final
12judgment entered.

13Section 1018.17. Penalty.

14A person who violates any ordinance enacted under the
15authority of this act for which no penalty is otherwise
16specified commits a summary offense and, upon conviction, shall
17be sentenced to pay a fine of not more than $1,000 or to
18imprisonment for not more than 90 days, or both, at the
19discretion of the court.

20Section 73. Article X subdivision (b) heading of the act is
21amended to read:

22(b) [Initiative] Initiating Ordinances

23by Electors

24Section 74. Sections 1030, 1031, 1032, 1033, 1034, 1035,
251036, 1037, 1038, 1039, 1040 and 1041 of the act are amended to
26read:

27Section 1030. Initiation of Proposed Ordinances by Petition; 
28Exceptions.--[Any] (a) Except as provided in subsection (b), a 
29proposed ordinance may be submitted to the council by a petition 
30signed by the electors of any city[, as hereinafter provided,
 

1except:

2(a) Proposed ordinances relating to any matter, subject or
3thing, which is not the subject of a referendum vote as provided
4in subdivision (c) of this article; or

5(b) Proposed ordinances to repeal, amend, or modify any
6ordinance which has been subject to the provisions of the
7referendum as provided in subdivision (c) of this article.] in 
8accordance with this subdivision.

9(b) The following proposed ordinances may not be submitted
10to council by petition in accordance with this subdivision:

11(1) Proposed ordinances dealing with the subjects set forth
12in section 1050(b).

13(2) Proposed ordinances to repeal, amend or modify an
14ordinance which took effect after having been subject to the
15provisions of the referendum for reconsideration of the
16ordinance.

17Section 1031. Petition; Notice.--[The city clerk, upon the 
18written request of one hundred qualified electors of the city, 
19directed to him, asking for the preparation of a petition for 
20the submission of any proposed ordinance to the council of such 
21city, and accompanied by a copy of the proposed ordinance, shall 
22prepare such petition within ten days, and in the meantime 
23notice shall be published, at least one time, in one newspaper, 
24in the manner provided by section one hundred and nine of this 
25act, that such petition will be ready for signing at the 
26expiration of ten days from the presentation of said request. 
27This notice shall state the purpose for which the petition is 
28made, the place where and when it may be signed. Fifteen days 
29shall be allowed for signatures.] If the city clerk receives a 
30written request for the preparation of a petition for the
 

1submission of a proposed ordinance to the city council by at 
2least one hundred qualified electors of the city and the request 
3is accompanied by a copy of the proposed ordinance, the city 
4clerk shall, within ten days after receiving the request, do 
5each of the following:

6(1) Prepare the requested petition.

7(2) Publish notice at least one time in a newspaper of 
8general circulation that provides, at a minimum, the following
9information:

10(i) The date on which the request for the petition was
11received and that the petition will be ready for signing at the
12expiration of ten days from that date.

13(ii) The purpose for which the petition is made.

14(iii) The place at which and the dates and times during
15which the petition may be signed, with fifteen days, exclusive
16of Saturdays, Sundays and holidays, being allowed for
17signatures.

18Section 1032. Signing; Oath.--[The signing] A petition for 
19the submission of a proposed ordinance shall be [done] signed in 
20the city clerk's office only. The petition shall be retained 
21[there] in the city clerk's office at all times [during the] for 
22a period of fifteen days. Each signer shall add to [his] the 
23signer's signature [his] the signer's place of residence by 
24street and number[,] and shall make oath before the city clerk 
25that [he] the signer is a qualified elector of the city and 
26resides at the address given. The city clerk shall keep [his] 
27the city clerk's office open for the purpose of permitting 
28voters to sign [such] the petition [from eight o'clock ante 
29meridian to ten o'clock post meridian of each day except Sundays 
30and holidays] at least from nine o'clock ante meridian through
 

1seven o'clock post meridian, prevailing time, Monday through 
2Friday, except holidays. [He] The city clerk shall not permit 
3any person to sign [such] petitions after [ten o'clock post 
4meridian] seven o'clock post meridian, prevailing time, on the 
5last day for signing the same.

6Section 1033. Number of Signatures; Examination and 
7Certificate by City Clerk.--[At the expiration of the fifteen 
8days aforesaid, and within ten days thereafter,] Within ten days 
9after the period of time for signing the petition has elapsed, 
10the city clerk shall examine [such] the petition[,] and, from 
11the record of registered voters of the city, ascertain whether 
12or not [said] the petition is signed by voters equal to twenty 
13per centum of all votes cast for all candidates for mayor at the 
14last preceding municipal election at which a mayor was elected. 
15If necessary, the council [shall] may allow the city clerk extra 
16help for [that] the purpose of complying with this section. The 
17city clerk shall attach to [said] the petition [his] the clerk's 
18certificate showing the result of [said] the examination. If 
19less than the required twenty per centum is certified, the 
20petition shall fail and shall be filed in the office of the city 
21clerk.

22Section 1034. Submission to Council.--If the petition [shall
23be] is certified to contain signatures equalling the required
24twenty per centum of said votes cast as aforesaid, the clerk
25shall submit the same to the council without delay.

26Section 1035. Actions by Council; Notices.--If the petition 
27accompanying the proposed ordinance [be] is signed by electors 
28equal in number to twenty per centum of the votes cast for all 
29candidates for mayor at the last preceding municipal election at 
30which a mayor was elected, the council shall either:

1(a) [Pass said] enact the proposed ordinance without
2alteration[,] within twenty days (except as otherwise provided
3herein)[,] after attachment of the clerk's certificate to the
4accompanying petition; or

5(b) [Forthwith, after the clerk shall attach to the petition
6accompanying such ordinance his certificate of sufficiency, the
7council shall call a special election] call for a referendum to
8be held at the time of the next general, municipal or primary
9election occurring at least ninety days thereafter[;], and at
10[such] which election[, such] the proposed ordinance shall be
11submitted without alteration to the vote of the electors of the
12[said] city, after attachment of the clerk's certificate to the 
13accompanying petition. Notice of [such] the election [shall be
14given as provided by the Pennsylvania Election Code.] and the 
15text of the question to be submitted to the electors shall be 
16published in the same manner as publication is required in 
17section 1201 of the Pennsylvania Election Code.

18Section 1036. Form of Ballot [or Ballot Label] on Submission 
19to Vote.--[The ballots or ballot labels used when voting upon 
20said ordinance shall be supplied by the county board of 
21elections, and shall contain a question, stating the nature of 
22the proposed ordinance, followed by the words "yes" and "no" and 
23shall be as provided in the Pennsylvania Election Code. The 
24votes shall be counted and returns thereof made and computed as 
25provided in section ten hundred and sixty-two of this act.] The 
26question to be submitted to the electors on the proposed 
27ordinance shall be framed to state the nature of the proposed 
28ordinance, followed by the words "yes" and "no," and the 
29question shall be placed on the ballots which shall be counted, 
30returned and computed in accordance with section 1062 and the
 

1election laws of the Commonwealth.

2Section 1037. Effect of Majority Vote.--If the majority of 
3the qualified electors voting on the proposed ordinance shall 
4vote in favor [thereof, such] of the ordinance, the ordinance 
5shall [thereupon] become a valid and binding ordinance of [said] 
6the city.

7Section 1038. No Repeal Within Two Years.--[Any] An 
8ordinance so proposed by petition, whether [passed] enacted by 
9council or adopted by a vote of the electors, [cannot] shall not 
10be repealed or amended within two years of its effective date 
11except by a vote of the electors.

12Section 1039. Number of Proposed Ordinances to be Submitted;
13[Special] Elections Limited.--Any number of proposed ordinances
14may be voted upon at the same election, in accordance with the
15provisions of this subdivision[: Provided, That]. Proposed 
16ordinances on the same subject matter shall not be submitted by
17petition [oftener] more frequently than once [in] every three
18years.

19Section 1040. Submission for Repeal by Council.--The council
20may submit a proposition for the repeal or amendment of [any
21such] an ordinance to be voted upon at any succeeding municipal,
22general or primary election[,] occurring at least ninety days
23[thereafter] after council's submission of the proposition.
24Should [such] the submitted proposition[, so submitted,] receive
25a majority of the votes cast [thereon] on the proposition at
26[such] the election, [such] the ordinance shall [thereby] be
27repealed or amended accordingly.

28Section 1041. Publication of Proposed Ordinance; Repeal or
29Amendment.--Whenever any proposed ordinance is to be submitted
30to the voters of the city at any election, or any ordinance is

1submitted by council for repeal or amendment, notice [thereof]
2of the election and text of the question to be submitted to the 
3electors shall be published [as required by] in the same manner 
4as publication is required in section 1201 of the Pennsylvania
5Election Code.

6Section 75. Article X subdivision (c) heading of the act is
7amended to read:

8(c) [Referendum] Reconsidering Ordinances by Electors

9Section 76. Sections 1050, 1051, 1052, 1053, 1054, 1055 and
101056 of the act are amended to read:

11Section 1050. [Referendum; Exceptions.--No] Time Ordinances 
12Go Into Effect.--(a) Except as provided in subsection (b), no
13ordinance [passed] enacted by council shall go into effect
14before ten (10) days from the time of its final [passage,
15except] enactment by council.

16(b) Ordinances dealing with the following subjects may be
17made effective upon final enactment:

18[(a)] (1) Ordinances expressly required to be [passed]
19enacted by the general laws of the State or by the provisions of
20any act of Assembly, or the provisions of which and the matters
21to be carried out [thereunder] under the ordinance are subject
22to the approval of an officer or tribunal of the [State
23Government;] Commonwealth.

24[(b)] (2) Ordinances providing for tax levies or fees,
25annual and other appropriations[,] and for the exercise of the
26right of eminent domain[;].

27[(c)] (3) Ordinances for the preservation of the public
28peace, health, morals, safety[,] and in the exercise of the
29police powers of the city government, and for the prevention and
30abatement of nuisances[;].

1[(d)] (4) Any ordinance providing for an election to
2increase indebtedness, and any other ordinance which by law must
3be submitted to an election before it shall take effect[;].

4[(e)] (5) Ordinances for the opening, paving, grading[,] or
5other improvement of streets or highways, when the improvement
6is petitioned for by a majority in number or interest of the
7abutting property owners[;].

8[(f)] (6) Ordinances for the construction of sewers[,] and
9for the purpose of keeping the streets, highways[,] and
10sidewalks in good order and repair and in a safe and passable
11condition[;].

12Section 1051. Petition; Reconsideration of Ordinance.--[If,
13during such period of ten days from the time of its final
14passage, a petition signed by electors of the city equal in
15number to at least twenty per centum of the entire vote cast for
16all candidates for mayor at the last preceding municipal
17election at which a mayor was elected, protesting against the
18passage of any ordinance other than those excepted from the
19provisions of this subdivision by the foregoing section, is
20presented to the council, said ordinance shall be suspended from
21going into operation, and council shall reconsider such
22ordinance.] With the exception of ordinances dealing with the 
23subjects set forth in section 1050(b), an ordinance shall be 
24suspended from going into operation and shall be reconsidered by 
25council if, within ten days after its final enactment, there is 
26presented to council, in accordance with this subdivision, a 
27petition protesting against enactment of the ordinance which 
28shall be signed by electors of the city equal in number to at 
29least twenty per centum of the entire vote cast for all 
30candidates for mayor at the last preceding municipal election at
 

1which a mayor was elected.

2Section 1052. Preparation of Petition by City Clerk;
3Notice.--[Such] A petition under section 1051 shall be prepared
4by the city clerk immediately upon receipt by [him] the clerk of
5the written request of one hundred qualified electors of the
6city asking that the [same] petition be prepared. Upon its
7preparation, [he] the clerk shall give notice by [one insertion
8in one of the daily newspapers, if one be published in the city,
9and, if not, then in a weekly or daily newspaper published in
10the county, that such] publication in a newspaper of general 
11circulation that the petition is ready for signing and the
12purpose of the petition, giving the place where and time when it
13may be signed. The [said] signing shall be done only in the city
14clerk's office, where the petition shall be retained during the
15period of ten days after the [passage] enactment of the [said]
16ordinance.

17Section 1053. Additional Petitions.--In order to facilitate
18the signing of [such] the petition, the city clerk shall cause
19to be made at least two additional similar petitions for signing
20by the qualified electors, and the signing of [such] the 
21additional similar petitions shall have the same force and
22effect as the signing of the original petition. The city clerk
23is hereby authorized to employ at least two persons to take
24charge of [said] the additional petitions[; the]. The city clerk
25and [said] the persons hired are hereby empowered to administer
26the oath [hereinafter] required to be taken by the electors.
27This section also shall apply [as well] to petitions initiating
28ordinances under subdivision (b).

29Section 1054. Signatures; Oath; Time of Signing.--Each
30signer of a petition under section 1051 shall add to [his] the
 

1signer's signature [his] the signer's place of residence by
2street and number[,] and shall make an oath before the city
3clerk, or other person authorized [as aforesaid] under section 
41053, that [he] the signer is a qualified elector of the city
5and resides at the address given. The city clerk shall keep
6[his] the city clerk's office open for the purpose of receiving
7signatures to the petitions [from eight o'clock ante meridian to
8ten o'clock post meridian of each day except Sundays and
9holidays. He] at least from nine o'clock ante meridian through 
10seven o'clock post meridian, prevailing time, Monday through 
11Friday. The city clerk shall not permit [any] a person to sign
12[any of the said petitions] a petition after [ten] seven o'clock
13post meridian, prevailing time, of the tenth day following the
14[passage] enactment of the ordinance on which the referendum
15vote is [prayed for] requested.

16Section 1055. Presentation of Petition to Council.--At the
17expiration of [said] ten days, the [said] petition shall be
18[deemed and taken to be] filed with and presented to the
19council, and [it shall be the duty of] the city clerk [to lay
20the same before] shall present the petition to the council at
21its first meeting [thereafter] after expiration of the ten-day 
22period.

23Section 1056. Ascertainment of Number of Signers; Report.--
24After [its] presentation of the petition to council, the city
25clerk shall ascertain from the record of registered voters of
26the city whether or not [said] the referendum petition is signed
27by voters equal to twenty per centum of all the votes cast for
28mayor at the last preceding municipal election at which a mayor
29was elected. If necessary, the council [shall allow him] may 
30allow the clerk extra help for that purpose, and, after [he] the
 

1clerk has made [said] the examination, [he] the clerk shall
2report the result [thereof] to council.

3Section 77. Sections 1057 and 1058 of the act are repealed:

4[Section 1057. Ordinances Granting Franchises.--No franchise
5or consent to occupy the public streets, highways, or other
6places in any city of the third class shall be given or granted
7to any person or persons, railroad, railway, gas, water, light,
8telephone or telegraph company, or to any public utility
9corporation, except by ordinance, and no ordinance for such
10purpose shall go into effect before thirty days after it has
11been filed with the Public Utility Commission.

12Section 1058. Petition against Ordinances; Suspension.--If,
13within said thirty days, a petition prepared, advertised, and
14perfected in all respects complying with the provisions of this
15subdivision (except that the petitioners shall have thirty days
16in which to prepare said petition), is addressed to the council,
17signed by registered electors of the city equal in number to at
18least twenty per centum of all the votes cast for mayor at the
19last preceding municipal election at which a mayor was elected,
20protesting against the passage of said ordinance, the latter
21shall be suspended, and it shall be the duty of the city clerk
22to examine said petition and ascertain, from the registry of
23voters, whether or not said petition is signed by the required
24number of electors. If necessary, the council shall allow the
25city clerk extra help for said purpose. Upon such examination he
26shall report the result to council.]

27Section 78. Sections 1059, 1060, 1061, 1062, 1063 and 1064
28of the act are amended to read:

29Section 1059. Effect of Petition; Submission to Voters.--
30If[,] in any case[,] it shall appear that the [petitions]

1petition provided for in this subdivision [have] has not been
2signed by the requisite number of voters, no action shall be
3taken, but the [ordinances] ordinance shall be [deemed and]
4taken to be in full force from the time or times [they each] it
5would have gone into effect had there been no petition against
6the [same. But in case such petitions are] ordinance. If the 
7petition is signed by electors equal to twenty per centum of all
8the votes cast for mayor as aforesaid, the council shall
9reconsider [such] the ordinance, and if the [same] ordinance is
10not entirely repealed by council on reconsideration, the council
11shall call a [special election,] referendum to be held at the
12time of the next general [or], municipal or primary election
13occurring not less than sixty days [therefrom] after the 
14reconsideration. At [such] the election, the [said] ordinance
15shall be submitted without alteration in accordance with the
16Pennsylvania Election Code.

17Section 1060. Certification [of] to County Board of
18Elections; Ballots or Ballot Labels; Expense of Elections.--The
19city clerk, after consultation with the city solicitor, shall
20certify to the county board of elections a copy of the ordinance
21and the proceedings of council directing the referendum vote,
22and the county board of elections shall cause the question to be
23printed for use in the election districts of the city. The
24preparation of ballots or ballot labels for and the holding of
25[special elections] a referendum shall be as provided in the
26Pennsylvania Election Code. Any number of ordinances may be
27referred and voted on at the same election.

28Section 1061. Form of Ballot or Ballot Label.--The ballot
29used when voting upon [such] the ordinance shall contain a
30question stating the nature of the referred ordinance followed

1by the words "yes" and "no" and shall be as provided in the
2Pennsylvania Election Code.

3Section 1062. Computing and Filing Returns.--The officers
4holding [said elections] an election shall keep tally sheets and
5make returns of votes on the referendum question in the same
6manner as tally sheets are kept and returns made in elections of
7officers and the submission of other questions as provided by
8the Pennsylvania Election Code. The returns shall be filed with
9the county board of elections which shall compute the returns
10and certify the results [thereof] to the city council. The
11returns and certifications of [all special elections] a 
12referendum question shall be made as provided in the
13Pennsylvania Election Code.

14Section 1063. Effect of the Vote.--If it shall appear that
15more persons have voted for [said] the ordinance than against
16it, the ordinance shall take immediate and full effect [without
17more] from the date the results are certified to the city
18council. If the vote is against [said] the ordinance, [it] the 
19ordinance shall be [lost] nullified and of no effect.

20Section 1064. Publication of Ordinance Before Election.--
21Before any referendum [election] is held on any ordinance[, a
22copy] in accordance with this subdivision, the city shall 
23provide notice of the ordinance which is to be submitted to the
24vote of the people [shall be published as required] by 
25publishing a copy of the ordinance in a newspaper of general 
26circulation. Publication in accordance with this section shall 
27be in addition to publication requirements of the Pennsylvania
28Election Code.

29Section 79. Article XI heading of the act is reenacted to
30read:

1ARTICLE XI

2THE EXECUTIVE DEPARTMENT

3Section 80. Sections 1101, 1102, 1103 and 1104 of the act
4are amended to read:

5Section 1101. Executive Departments.--[The executive and
6administrative powers, authority, and duties in each city shall
7be distributed into and among five departments, as follows:

81. Department of Public Affairs.

92. Department of Accounts and Finance.

103. Department of Public Safety.

114. Department of Streets and Public Improvements.

125. Department of Parks and Public Property.] The city may 
13have a department of administration and other departments as 
14council shall establish by ordinance. All of the administrative 
15functions, powers and duties of the city shall be allocated and 
16assigned within the departments established by council by 
17ordinance or, in the absence of an ordinance making this 
18allocation, among five departments, as follows:

19(1) Department of Public Affairs.

20(2) Department of Accounts and Finance.

21(3) Department of Public Safety.

22(4) Department of Streets and Public Improvements.

23(5) Department of Parks and Public Property.

24Section 1102. Determination of Powers and Duties of
25Departments.--[The council shall determine] Subject to the 
26restrictions and limitations of this act and other laws, the 
27council may, by ordinance, do all of the following:

28(1) Determine the powers and duties to be performed by[, and
29assign them to, the appropriate] each department[; shall
30prescribe].

1(2) Prescribe the powers and duties of officers and
2employes[; may assign].

3(3) Assign particular officers and employes, including 
4directors of departments, to one or more of the departments[;
5may require].

6(4) Require an officer or employe to perform duties in two
7or more departments[; and may make].

8(5) Make such other rules and regulations as may be deemed
9necessary or proper for the efficient and economical conduct of
10the business of the city.

11Section 1103. Designation of [Departments] Department
12Directors; Changes.--(a) The mayor shall be director of the
13department of public affairs and as such shall have supervision
14over the city police. In the event that council does not create 
15a department of public affairs, the mayor shall retain the 
16powers of supervision over city police.

17[The] (b) Unless otherwise provided by ordinance in 
18accordance with sections 1101 and 1102, the council shall, at
19[the biennial] its organization meeting, designate[, by majority
20vote, one councilman] by resolution one council member to be
21director of the department of accounts and finance, one to be
22director of the department of public safety, one to be director
23of the department of streets and public improvements, and one to
24be director of the department of parks and public property.
25[Such] The designation may be changed at council's discretion.

26Section 1104. Department Directors Responsible for City
27Property and Supplies; Perpetual Inventory Reports.--The
28director of each department shall be responsible for the
29personal property and supplies of the city within [his] the 
30director's department[, and]. Each department director shall

1prepare and maintain a perpetual inventory of [such] the 
2personal property and supplies[. He shall] for which the 
3director is responsible and, from time to time during the fiscal 
4year, file the inventory with the city clerk [a copy of such
5inventory from time to time during the fiscal year, and shall
6make available to the director of accounts and finance a copy of
7such inventory to assist him in the preparation of the proposed
8budget ordinance. He shall furnish a copy of such inventory to
9the council upon request.] or other official designated by 
10council. The city clerk or other designated official with whom 
11the inventory is filed shall, upon request, furnish a copy of 
12the inventory to the chief fiscal officer and to council.

13Section 81. The act is amended by adding a section to read:

14Section 1105. Quarterly Reports from Directors of
15Departments.--At the close of each quarter of the fiscal year,
16each department director shall prepare and submit to the
17director of the department of accounts and finance, if one
18exists, or to the business administrator or other official
19designated by council, a comprehensive and detailed report of
20all expenditures and operations of the director's department
21during the quarter. The person to whom the quarterly reports are
22submitted shall review and consolidate the quarterly reports and
23shall prepare and submit to council a consolidated report on the
24expenditures and operations of the entire city government,
25together with recommendations, not later than the second meeting
26of council after the close of each quarter.

27Section 82. Article XII heading of the act is reenacted to
28read:

29ARTICLE XII

30THE MAYOR

1Section 83. Section 1201 of the act, amended July 27, 1973
2(P.L.230, No.60), is amended to read:

3Section 1201. Qualifications.--The mayor shall be at least 
4[twenty-one] eighteen years of age[,] and shall be elected at 
5large by the qualified electors of the city. [He] The person 
6shall have been a resident of the city wherein [he shall be] 
7elected for at least one year[, next before his election,] 
8before the person's election and shall reside in the city 
9throughout [his] the person's term of service. Prior to being 
10sworn in to office, and as a condition to qualifying for office, 
11the elected mayor shall present a signed affidavit to the city 
12clerk that states the person resides in the city from which 
13elected and has resided in the city continuously for at least 
14one year preceding the person's election.

15Section 84. Section 1202 of the act is amended to read:

16Section 1202. Chief Executive; Inauguration.--The mayor 
17shall be the chief executive of the city. [He shall be 
18inaugurated and take the oath of office provided for by this act 
19at ten o'clock in the forenoon of the first Monday of January 
20next succeeding his election, or as soon thereafter as possible] 
21The mayor shall be inaugurated and take the oath of office in 
22accordance with sections 904 and 905 on the first Monday of 
23January following the regular municipal election. If the first 
24Monday is a legal holiday, the mayor shall be inaugurated and 
25take the oath the first day following or as soon after that day 
26as possible.

27Section 85. Section 1203 of the act, amended July 11, 1996
28(P.L.647, No.109), is amended to read:

29Section 1203. Execution of Laws; Powers of Sheriff
30Conferred; Emergency Powers.--[(a) It shall be the duty of the

1mayor and the chief executive of cities adopting the city
2manager form of government to be vigilant and active in causing
3the ordinances of the city, and the laws of the Commonwealth
4relating to the government of the city, to be executed and
5enforced.

6(b)] (a) In accordance with the powers granted in this act, 
7the mayor shall have the authority to cause the ordinances of 
8the city, and all general laws applicable to the ordinances, to 
9be executed and enforced.

10(b) The mayor shall annually report to the council and the
11public on the work of the previous year and on the condition and
12requirements of the city government and shall, from time to
13time, make such recommendations for action by the council as the
14mayor may deem in the public interest.

15(c) In order to enable [him] the mayor effectually to
16preserve the public peace within the city, all the powers which
17are devolved by the laws of this Commonwealth upon sheriffs, to
18prevent and suppress mobs, riots, and unlawful and tumultuous
19assemblies, are hereby conferred upon [him] the mayor.

20(d) When the mayor [or chief executive] considers that a
21state of emergency exists, [he] the mayor may issue [his] a 
22proclamation, which shall be in writing and copies of which
23shall be made available to all news media[,] and to each member
24of city council, declaring a state of emergency [for a period
25not to].

26(e) Upon the issuance of a proclamation declaring a state of
27emergency under subsection (d), the following shall apply:

28(1) The state of emergency shall not exceed five days,
29unless extended by action of council.

30(2) In the case of a declaration of a state of emergency by

1the mayor [or chief executive] for either a citywide or site-
2specific emergency, city agencies may temporarily implement
3their emergency assignments without regard to procedures
4required by other laws pertaining to the incurring of
5obligations and the employment of temporary workers. [In his]

6(3) The proclamation [he] may prohibit, for all or any part
7of the city in which there is a clear and present danger to life
8or property through civil disorder[;]:

9[(1) Any] (i) a person being on the public streets[,] or in
10the public parks or at any other public place during the hours
11declared by [him] the mayor to be a period of curfew;

12[(2) The] (ii) the assembling or gathering of a group of
13people, in such numbers to be designated by [him] the mayor,
14upon the public streets, parks or other public places;

15[(3) The] (iii) the entry or departure of persons into or
16from any restricted area;

17[(4) The] (iv) the sale, purchase, or dispensing of any
18commodities or goods[, as] designated by [him] the mayor;

19[(5) The] (v) the transportation, possession or use of
20gasoline, kerosene, or other combustible, flammable or explosive
21liquids or materials, except in connection with the normal
22operation of motor vehicles, normal home use[,] or legitimate
23commercial use; or

24[(6) Any] (vi) any other [such] activities as [he] the 
25mayor reasonably believes [should be prohibited to help
26preserve] would cause a clear and present danger to the 
27preservation of life, health, property or the public peace.

28[(c)] (f) The proclamation of an emergency shall describe
29any restricted area with particularity and shall specify the
30hours during which such restrictions are to be in effect.

1[(d)] (g) Any person violating [such] a proclamation of
2emergency [shall be guilty of] commits a summary offense and
3shall, upon conviction, be sentenced [to pay a fine not to
4exceed three hundred dollars ($300) or to undergo imprisonment
5not to exceed thirty days, or both] as provided by law.

6Section 86. Sections 1204 and 1205 of the act are amended to
7read:

8Section 1204. Official Seal of Mayor.--Council shall provide 
9an official seal for the mayor [and prescribe the form thereof] 
10in such form as the mayor may reasonably request, which shall 
11not be changed during the mayor's term of office.

12Section 1205. Supervision of Conduct of City Officers.--The 
13mayor shall supervise the conduct of all city officers, examine 
14the grounds of all reasonable complaints against any of them, 
15and cause all of their violations or neglect of duty to be 
16promptly punished or reported [to the council] for correction in 
17the manner council may direct. For the purposes [aforesaid, he] 
18of this section, the mayor is hereby empowered to issue 
19subpoenas and compulsory processes, under [his] the mayor's 
20official seal, for the attendance of [such] persons and the 
21production of [such] books and papers as [he] the mayor may deem 
22necessary[, and shall have like enforcement of such subpoenas as 
23is]. A subpoena shall be enforced in the manner provided for 
24council in section [one thousand fifteen of this act] 1015.

25Section 87. Section 1206 of the act, amended September 29,
261955 (P.L.653, No.177), is amended to read:

27Section 1206. [Quarterly Reports from Directors of 
28Department;] Report of Mayor to Council; Information from 
29Directors of Departments.--[The director of each department of 
30the city shall prepare and submit to the Director of the
 

1Department of Accounts and Finance, at the close of each quarter 
2of the fiscal year, a comprehensive and detailed report of all 
3expenditures and operation of his department during the quarter. 
4The Director of the Department of Accounts and Finance shall 
5review and consolidate such quarterly reports and shall prepare 
6and submit to council a consolidated report on the expenditures 
7and operations of the entire city government, together with his 
8recommendations, not later than the second meeting of council 
9after the close of each quarter.] The mayor shall have the 
10authority, at all times, to call upon any official of the city 
11or heads of departments for any information as to the affairs 
12under their control and management as [he] the mayor may 
13require. [He] The mayor may likewise report upon any and all 
14matters of city government as frequently to council as [he] the 
15mayor deems conducive to the interest and welfare of the city.

16Section 88. Section 1207 of the act, amended August 21, 1953
17(P.L.1292, No.364) and repealed in part April 28, 1978 (P.L.202,
18No.53), is amended to read:

19Section 1207. [Criminal and Civil Jurisdiction; Docket; 
20Fees.--He] Power to Take Acknowledgments and Oaths and to 
21Formalize Marriages.--The mayor shall be empowered to take 
22acknowledgments of any instruments in writing[,] pertaining to 
23the business of the city, solemnize marriages[,] and to 
24administer oaths and affirmations[,] as to city business[,] and 
25shall attest all [his acts with his official seal] the mayor's 
26acts with the mayor's official seal, if any.

27Section 89. Section 1208 of the act, amended May 11, 1959
28(P.L.307, No.54), is amended to read:

29Section 1208. Salary.--(a) (1) The mayor of each city 
30shall receive for [his] the mayor's services during the term of
 

1service an annual salary to be fixed by ordinance, payable in 
2[such] equal [installments] installments as council shall 
3provide.

4(2) The council shall, by ordinance, fix the amount of 
5salary to be paid to the mayor for [his] the mayor's services[,] 
6and may provide for the assessment and retention [therefrom] 
7from the salary of reasonable fines for absence from regular or 
8special meetings of council or [councilmanic] committees of 
9council.

10(3) The amount of the mayor's salary [in cities] shall not 
11be less than two thousand five hundred dollars.

12(b) Until changed by ordinance, the salary of mayors in 
13newly created cities [shall] may be as follows: [In cities 
14having a population of fifteen thousand or under, by the last 
15United States census, one thousand two hundred dollars per 
16annum; in cities having a population of over fifteen thousand, 
17and less than thirty thousand inhabitants, two thousand four 
18hundred dollars per annum; in cities having a population 
19exceeding thirty thousand, four thousand eight hundred dollars 
20per annum.

21The amount of compensation for the mayor in any of the said
22cities shall not be increased or diminished after his election.
23Succeeding councils may change the amount of the mayor's
24compensation, but such change shall not affect the compensation
25of the mayor then in office or of any person taking office as
26mayor within six months of final passage of the ordinance
27providing for such change.]

28(1) in cities with a population of less than five thousand,
29a maximum of two thousand five hundred dollars a year;

30(2) in cities with a population of five thousand or more but

1less than ten thousand, a maximum of five thousand dollars a
2year;

3(3) in cities with a population of ten thousand or more but
4less than fifteen thousand, a maximum of seven thousand five
5hundred dollars a year; and

6(4) in any city with a population in excess of fifteen
7thousand, the salary of the mayor shall not exceed five hundred
8dollars a year per thousand population or fraction of a
9thousand, the population to be determined by the latest official
10census figures.

11(c) The compensation to be received by a mayor in cities
12other than newly created cities shall be fixed by ordinance of
13council enacted at least two days prior to the last day fixed by
14law for candidates to withdraw their names from nominating
15petitions previous to the day of the municipal election. The
16compensation to be received by the mayor shall not be increased
17or diminished after the mayor's election unless the increase or
18decrease was included in an ordinance enacted at least two days
19prior to the last day fixed by law for candidates to withdraw
20their names from nominating petitions previous to the day of the
21municipal election.

22(d) (1) Subject to clause (2) and notwithstanding any other
23provisions of law, a mayor may receive an honorarium, fee or
24reimbursement of expenses related to the performance of a
25marriage ceremony in this Commonwealth, if the mayor first
26notifies council in writing of the mayor's intention to perform
27marriage ceremonies. A notification pursuant to this clause
28shall remain in effect for the term of the mayor or until such
29time as the notification is rescinded by the mayor.

30(2) The honorarium or fee shall not exceed one hundred fifty

1dollars for each ceremony performed. The mayor shall keep
2accurate accounts of the fees received relating to the
3performance of marriage ceremonies and provide council each
4quarter with a report of moneys received for that period. The
5quarterly report shall include the amount of money received, the
6names of persons from whom money was received along with the
7date and the location of the performed ceremony and shall be
8considered a public record.

9(3) The receipt of a fee under this subsection shall not be
10considered a violation of 65 Pa.C.S. Ch. 11 (relating to ethics
11standards and financial disclosure) and shall not be considered
12compensation under this act.

13Section 90. Section 1209 of the act is amended to read:

14Section 1209. Acting Mayor; Powers and Duties.--[The member 
15of city council who shall be designated as the director of the 
16department of accounts and finance shall be vice president of 
17the city council, and acting mayor of the city during the 
18absence or inability of the mayor to act; and, during such 
19absence or inability, he] During the absence of the mayor or the 
20inability of the mayor to act, the vice president of city 
21council shall be the acting mayor who shall exercise all the 
22rights and powers of the mayor. In the event of a vacancy in the 
23office of the mayor by reason of death, resignation, or 
24otherwise, the vice president of council shall, in like manner, 
25act as the mayor and shall, while acting as mayor, receive the 
26compensation of mayor but not [of director of accounts and 
27finance or councilman during such incumbency] any compensation 
28as a council member, until the successor of the mayor is duly 
29[elected] appointed and qualified [as hereinbefore provided] in 
30accordance with section 901. In case of the absence or inability
 

1of the [director of accounts and finance to act] vice president 
2of council to act as mayor, the council shall designate another 
3one of its members to act as mayor.

4Section 91. Article XII-A heading of the act, added July 7,
52011 (P.L.307, No.75), is reenacted to read:

6ARTICLE XII-A

7CITY ADMINISTRATOR OR MANAGER

8Section 92. Sections 1201-A and 1202-A of the act, added
9July 7, 2011 (P.L.307, No.75), are reenacted to read:

10Section 1201-A. Office of city administrator or manager.

11City council may, at its discretion at any time, by
12ordinance, enacted by a majority vote of all members elected to
13council, create the office of city administrator or manager and
14may in like manner abolish the same. The appointed office of
15city administrator when referenced in this article may also be
16referred to as city manager, and a reference to a city
17administrator shall be deemed a reference to a city manager.

18Section 1202-A. Appointment; selection; removal.

19In a city in which the office of city administrator has been
20created, council shall appoint a person to fill that office
21initially, and thereafter, whenever a vacancy exists in the
22office. The appointment of a person to fill the office of city
23administrator shall be by an affirmative vote of a majority of
24all the members of council. Council shall select a city
25administrator on the basis of executive and administrative
26qualifications, education and experience and may give special
27consideration to applicants with training and experience in
28municipal government operation. The city administrator shall
29serve at the pleasure of council, subject to contractual rights
30that may arise under an employment agreement that may be entered

1in accordance with section 1203-A.

2Section 93. Section 1203-A of the act, added July 7, 2011
3(P.L.307, No.75), is amended to read:

4Section 1203-A. Employment agreement.

5Council may enter into an employment agreement with the city
6administrator. The employment agreement may set forth the terms
7and conditions of employment, and the agreement may provide that
8it shall remain in effect for a specified period terminating no
9later than two years after the effective date of the agreement
10or the date of the [organization] organizational meeting of
11council following the next municipal election, whichever shall
12first occur. An employment agreement entered into pursuant to
13this section may specify conditions under which a city
14administrator would be entitled to severance compensation, but
15in no event shall an employment agreement guarantee employment
16through the term of the agreement or confer upon the city
17administrator any legal remedy based on specific performance.
18Any employment agreement with a city administrator executed on 
19or after a municipal election but before the first meeting in 
20January the year after the municipal election shall be void.

21Section 94. Sections 1204-A and 1205-A of the act, added
22July 7, 2011 (P.L.307, No.75), are reenacted to read:

23Section 1204-A. Residency and elective city office.

24At the time a person is appointed to fill the office of city
25administrator, the appointee need not be a resident of the city.
26After appointment, the city administrator may reside outside the
27city only with the approval of council. The city administrator
28shall not hold any elective city office.

29Section 1205-A. Powers and duties.

30(a) Powers and duties generally.--Council may, by ordinance,

1vest in the city administrator powers and duties relating to the
2general management of city business and to the enforcement of
3city ordinances and regulations. The powers and duties conferred
4upon a city administrator in accordance with this section shall
5not be construed as diminishing powers granted to other city
6officers by statute or ordinance.

7(b) Specific powers.--The powers and duties that may be
8conferred upon a city administrator by council may include, but
9shall not be limited to, any or all of the following:

10(1) To be the chief administrative officer of the city
11responsible to the city council as a whole for the proper and
12efficient administration of the affairs of the city.

13(2) To direct and supervise the administration of all
14departments and functions of the city, except as otherwise
15provided by ordinance or law.

16(3) Except as otherwise provided by this act, to appoint
17city employees on the basis of merit system principles and
18suspend, remove or otherwise discipline employees, subject to
19the following:

20(i) The city administrator may make recommendations
21to council concerning appointments or removals at the
22department head level.

23(ii) Prior to any action being taken with regard to
24appointments or removals at the department head level,
25the city administrator shall confer with council.

26(iii) Council must confirm appointments or removals
27at the department head level.

28(4) To designate a qualified administrative officer of
29the city to perform the city administrator's duties during
30the city administrator's temporary absence or disability. In

1the event the city administrator fails or is unable to make
2such designation, or, if the absence or disability continues
3more than 30 days, the council may, by resolution, appoint an
4officer of the city to perform the duties of the city
5administrator during the city administrator's absence or
6disability until the city administrator is able to return to
7work.

8(5) To negotiate contracts for the city, subject to the
9approval of city council, make recommendations concerning the
10nature and location of municipal improvements and execute
11municipal improvements as determined by the city council.

12(6) To see that all terms and conditions imposed in
13favor of the city or its inhabitants in any statute,
14franchise or contract are faithfully kept and performed, and
15upon knowledge of any violation, call the same to the
16attention of the city council.

17(7) To attend all meetings of the city council with the
18right to take part in the discussions, but without the right
19to vote.

20(8) To recommend to the city council for adoption such
21measures as the administrator may deem necessary or
22expedient, keep the council advised of the financial
23condition of the city and make reports to the council as
24requested by it.

25(9) To investigate at any time the affairs of any
26officer or department of the city that is under the
27administrator's jurisdiction.

28(10) To prepare and submit the annual city budget for
29review and approval by the city council. The recommended
30budget shall be submitted to city council for its review no

1later than the last stated meeting in November. The budget so
2submitted shall be accompanied by an enabling ordinance,
3together with such explanatory comment or statement as the
4administrator may deem desirable. The budget document shall
5be in such form as is required by law for city budgets and
6shall contain such additional documentation or explanation of
7the various items of expenditure and revenue as may be
8required by council.

9(11) To perform such other duties as may be designated
10by the city council in the enabling ordinance.

11Section 95. Article XIII heading of the act is repealed:

12[ARTICLE XIII

13CITY CLERK]

14Section 96. Sections 1301, 1302 and 1303 of the act are 
15repealed:

16[Section 1301. Appointment; Compensation; Removal.--The
17council of each city shall appoint a city clerk on the first
18Monday of May, one thousand nine hundred and fifty-two, and on
19the first Monday of May every fourth year thereafter, and fix
20his compensation by ordinance. He shall serve for a term of four
21years and until his successor is duly appointed and qualified.

22Section 1302. Power to Administer Oaths; Duties.--The city
23clerk shall have the power of a notary public to administer
24oaths in any matter pertaining to the business of said city, or
25in any legal proceeding in which it is interested. He shall also
26perform such other duties as shall be prescribed for his office
27by law, ordinance or resolution of council.

28Section 1303. Records Open to Inspection.--The records and 
29documents of city council of every city shall be kept in the 
30office of the city clerk and shall be open to the inspection of
 

1any taxpayer thereof, his, her, or its agent, upon demand 
2therefor during office hours.]

3Section 97. Article XIV heading of the act is reenacted to
4read:

5ARTICLE XIV

6THE CITY TREASURER

7Section 98. Section 1401 of the act, amended July 27, 1973
8(P.L.229, No.59), is amended to read:

9Section 1401. Qualifications.--The city treasurer shall be 
10[a competent] an accountant, at least twenty-one years of age, 
11and shall have been a resident of the city for at least one year 
12[next prior to his] before the person's election. [He] The 
13elected treasurer shall reside in the city throughout [his] the 
14treasurer's term of office. Prior to being sworn in to office, 
15and as a condition to qualifying for office, the elected 
16treasurer shall present a signed affidavit to the city clerk 
17that states the person resides in the city from which elected 
18and has resided in the city continuously for at least one year 
19preceding the person's election.

20Section 99. Section 1402 of the act, amended July 2, 1953
21(P.L.318, No.67), is amended to read:

22Section 1402. Bond; Insurance; Salary.--[The city treasurer 
23shall give lawful fidelity bond to the Commonwealth, with a 
24surety company authorized by law to act as surety, to be 
25approved by the city council, in such sum as it may by ordinance 
26direct, conditioned for the accounting for and paying over all 
27moneys received by him in his capacity as city treasurer and the 
28safekeeping and payment over of all public moneys entrusted to 
29his care, and that as tax collector of city, county, institution 
30district, and school taxes he shall account for and pay over all
 

1moneys received by him as taxes, penalties and interest. The 
2city treasurer shall in addition furnish adequate insurance 
3protection against any and all losses of said funds through 
4fire, burglary, larceny, theft, robbery or forgery. Such 
5insurance shall be approved by the city council in such sum as 
6it may by ordinance direct. The city treasurer and his surety 
7shall be discharged from further liability on any bond as tax 
8collector, as soon as all tax items contained in the duplicates 
9delivered to him are either: (1) collected and paid over, or (2) 
10certified to the city council for entry as liens in the office 
11of the prothonotary, or as claims in the tax claim bureau, as 
12the case may be, or (3) returned to the county treasurer or city 
13treasurer for sale, or (4) in the case of taxes, not levied upon 
14real estate, a record of those which remain uncollected is filed 
15with the tax authority. The city treasurer shall be required to 
16give, in addition to insurance as aforesaid, but one bond which 
17shall include his duties as city treasurer and collector of 
18city, county, institution district, and school taxes, and shall 
19cover the full term of his office. Should any of the taxing 
20districts be of the opinion at any time that the bond and 
21insurance as aforesaid provided by the city treasurer is not 
22sufficient in amount as to the surety and insurance thereon, the 
23said taxing district may petition the court of quarter sessions 
24having jurisdiction in the city to have the city treasurer 
25furnish additional bond and insurance as aforesaid. Thereupon, 
26the city treasurer shall furnish such additional bond and 
27insurance, if any, as the said court may prescribe. The premium 
28of the bond or bonds and insurance shall be paid by the city or 
29shared pro rata by the taxing districts interested, as the case 
30may be, according to their respective tax interests. The
 

1treasurer shall not in any event be required to provide bond or 
2bonds and insurance in an amount in excess of the taxes to be 
3collected by him. The bond or bonds and insurance provided by 
4the city treasurer shall or be for the use of the city and the 
5taxing districts involved. He shall, as city treasurer, receive 
6a fixed annual salary, to be provided by ordinance. His 
7compensation as tax collector for the city, county, institution 
8district and school district shall be as provided for in the 
9Local Tax Collection Law.] (a) The city treasurer shall give 
10lawful fidelity bond, covering the full term of office, for the 
11faithful performance of official duties, including duties as tax 
12collector of city, county, institution district and school 
13taxes. In addition to being subject to such other conditions as 
14council may direct, the bond of the city treasurer shall be 
15conditioned upon the following:

16(1) The accounting for and paying over of all moneys
17received as city treasurer.

18(2) The accounting for and paying over of all moneys
19received, including taxes, penalties and interest, as tax
20collector of city, county, institution district and school
21taxes.

22(3) The safekeeping and payment over of all public moneys
23entrusted to the treasurer's care.

24(b) Council may require two bonds from the city treasurer:

25(1) A bond for the faithful performance by the city
26treasurer of official duties other than those of tax collector.

27(2) A bond covering the duties of the city treasurer as
28collector of city, county, institution district and school
29taxes.

30In lieu of the bond required for the faithful performance by the

1city treasurer of official duties other than those of tax
2collector, council may purchase insurance, provided that the
3insurance covers the same events of loss and insures the county
4against the same misconduct as the bond in compliance with this
5act.

6(c) The city treasurer and the treasurer's surety shall be
7discharged from further liability on any bond as tax collector,
8as soon as each of the tax items contained in the duplicates
9delivered to the city treasurer has been:

10(1) collected and paid over;

11(2) assigned to third party assignees;

12(3) certified to the city council for entry as liens in the
13office of the prothonotary or as claims in the tax claim bureau,
14as the case may be;

15(4) returned to the county treasurer or city treasurer for
16sale; or

17(5) in the case of taxes not levied upon real estate, a
18record of those which remain uncollected is filed with the tax
19authority.

20(d) Council may require the city treasurer to be covered by
21insurance protection in accordance with section 907(c).

22(e) Should any of the taxing districts be of the opinion at
23any time that the bond or insurance provided by the city
24treasurer is not sufficient in amount, the taxing district may
25petition the court of common pleas having jurisdiction in the
26city to have the city treasurer furnish additional bond and
27insurance. Thereupon, the city treasurer shall furnish
28additional bond and insurance, if any, as the court may
29prescribe. The premium on the bond or on the bonds and insurance
30shall be shared pro rata by the taxing districts interested, as