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?

20130SB0497PN1293 -72-
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

1the case may be, according to their respective tax interests
2pursuant to the act of May 25, 1945 (P.L.1050, No.394), known as
3the "Local Tax Collection Law." The treasurer shall not in any
4event be required to provide bond or bonds and insurance in an
5amount in excess of the taxes to be collected by the treasurer.
6The bond or bonds and insurance provided by the city treasurer
7shall be for the use of the city and the taxing districts
8involved.

9(f) The city treasurer shall receive a fixed annual salary
10to be provided by ordinance. Compensation as tax collector for
11the city, county, institution district and school district shall
12be as provided for in the "Local Tax Collection Law."

13Section 100. The act is amended by adding sections to read:

14Section 1402.1. City Treasurer to be Tax Collector.--Except
15as otherwise provided by the act of December 31, 1965 (P.L.1257,
16No.511), known as "The Local Tax Enabling Act," the city
17treasurer, by virtue of the treasurer's office, shall be the
18collector of the city, county, school and institution district
19taxes assessed or levied in the city by the proper authorities
20therein. As tax collector, the city treasurer shall maintain and
21keep an office which may be the same as that of the city
22treasurer for the purpose of receiving taxes during regular
23business hours.

24Section 1402.2. Date of Delivery of Duplicate; Collection.--
25The council of each city and the county and county institution
26district authorities, now empowered or which may be hereafter
27empowered to levy taxes upon persons and property within the
28city, shall, within thirty days after the adoption of the budget
29or within thirty days after receipt of the assessment roll from
30the county, whichever is later, make out and deliver their

1respective duplicates of taxes assessed to the city treasurer to
2be collected. The proper school authorities shall make out and
3deliver the school duplicates of their respective taxes in such
4city at the time and in the manner provided by the school laws
5of this Commonwealth. All duplicates of taxes provided to or
6received by the treasurer shall at all times be open to proper
7inspection of the public and of the proper auditing and
8examining officers of the city, county or school district, as
9the case may be, and shall be delivered by the treasurer at the
10expiration of the treasurer's term to the treasurer's successor.

11Section 1402.3. Tax Liens; Schedule of Uncollected Taxes;
12Liability for False Return.--Upon the settlement of the
13duplicates of city, county, institution district and school
14taxes which by law are made a lien on real estate, the city
15treasurer as collector of taxes shall make out schedules of the
16city, county, school or institution district taxes uncollected
17upon the duplicates with a brief description of the properties
18against which the same are assessed, for the purpose of having
19the same entered for lien or sold according to law. The failure
20of the city treasurer to collect the taxes from personal
21property, when the same could have been collected, shall not
22impair the lien thereof or affect any sale made for the
23collection thereof. In case the city treasurer shall make any
24wilfully false return, the city treasurer shall be liable to any
25person or persons injured thereby.

26Section 101. Sections 1403, 1404, 1405, 1406, 1407 and 1408
27of the act are amended to read:

28Section 1403. Receipt and Payment of Moneys; Daily 
29Transmittal of Receipts; Duplicates.--The city treasurer shall 
30demand and receive all moneys payable to the city from [whatever
 

1source, and shall issue a receipt in every case to the person 
2making such payment, and shall pay all warrants duly 
3countersigned by the director of accounts and finance and the 
4city controller] such sources as the city council may from time 
5to time entrust to the city treasurer and shall issue a receipt 
6when requested in every case to the person making such payment 
7and shall pay all documents authorizing payment duly 
8countersigned. All receipts for money received on behalf of the 
9city by the treasurer shall be numbered serially and made in 
10duplicate at least, and all such duplicates shall daily, not 
11later than the next succeeding business day, be transmitted by 
12the city treasurer to the city controller.

13Section 1404. Method of Keeping Accounts.--The accounts of 
14the city treasurer shall be kept in such manner as to clearly 
15exhibit all the items of receipts and expenditures of the city, 
16[and] the sources from which the moneys are received and the 
17objects for which the same are disbursed. [He] The city 
18treasurer shall keep separate and distinct accounts of the 
19receipts and expenditures of the city, including, but not 
20limited to, the sinking fund, and [the water and lighting] each 
21department[, respectively] providing a utility service, and also 
22of every special fund [which may come into his hands].

23Section 1405. Moneys Appropriated Only to be Paid Out.--No 
24money shall be paid out of the city treasury unless the same 
25shall have been previously approved, duly authorized and 
26appropriated by council to the purpose for which it is to be 
27drawn, which shall be explicitly mentioned in the [warrant 
28therefor] document authorizing payment.

29Section 1406. Depositories of City Funds Entrusted to the 
30Treasurer by City Council.--The treasurer shall keep the public
 

1funds in [such] banks or financial depositories as council may 
2direct, under [such] restrictions and safeguards as council may 
3provide, and shall verify [his] the treasurer's accounts 
4whenever required, to the satisfaction of council.

5No treasurer complying with the provisions of this section
6and any ordinance of the city, nor [his] the treasurer's surety
7or sureties, shall be chargeable with losses of city funds
8caused by the insolvency or negligence of any [such] city
9depositories.

10Section 1407. Delivery of City Property in [His] Treasurer's 
11Possession to Successor.--The city treasurer shall, upon [the 
12termination of his] leaving office, deliver to the city or to 
13[his] the treasurer's duly qualified successor all moneys, 
14accounts, property or effects in [his] the treasurer's 
15possession belonging to the city.

16Section 1408. [Assistants and Employes.--] Appointment of 
17Deputy Treasurer and Employes; Powers; Responsibility.--(a) The 
18city treasurer [shall] may appoint [all] the following:

19(1) A deputy treasurer who, in the case of the sickness,
20absence or inability of the city treasurer to act, shall have
21the same powers and shall perform the same duties as are imposed
22by law upon the city treasurer and such appointment shall be in
23compliance with the requirements of the act of May 25, 1945
24(P.L.1050, No.394), known as the "Local Tax Collection Law."

25(2) All the assistants and employes of [his] the city 
26treasurer's office, whose number and compensation shall be fixed 
27by council[,] and who, in all other respects, shall be 
28considered as employes of the city.

29(b) All persons appointed pursuant to this section shall be
30covered by a bond, blanket bond or insurance in accordance with

1section 907.

2Section 102. Article XV heading of the act is reenacted to
3read:

4ARTICLE XV

5THE CITY ENGINEER

6Section 103. Article XV subdivision (a) heading of the act
7is repealed:

8[(a) General Provisions]

9Section 104. Sections 1501, 1502, 1503, 1504 and 1505 of the
10act are amended to read:

11Section 1501. [Election of the City Engineer; Term; Bond;
12Filling of Vacancies.--The council of each city shall, on the
13first Monday of May, one thousand nine hundred and fifty-two,
14and on the first Monday of May every fourth year thereafter, or
15as soon thereafter as practicable in each of said years, appoint
16a city engineer, who shall be a registered engineer in civil
17engineering. He shall serve for a term of four years from the
18said first Monday of May and until his successor is qualified.
19He shall receive a fixed annual salary to be provided by
20ordinance. He shall give lawful bond to the city, with a surety
21or other company authorized by law to act as surety, to be
22approved by council, in such sum as it shall by ordinance
23direct, conditioned for the faithful performance of his official
24duties. Vacancies in said office shall be filled by council for
25the unexpired term.] Appointment of City Engineer.--Council 
26shall provide for the manner of appointment and compensation of 
27the city engineer, who shall be a registered professional 
28engineer in this Commonwealth and shall serve at the pleasure of 
29council. Nothing contained herein shall prohibit council from 
30designating an engineering firm of registered professional
 

1engineers from performing the duties and functions of the city 
2engineer.

3Section 1502. Control of Engineering Matters.--The city
4engineer shall have the [superintendence, direction and control
5of the engineering matters of the city, and no department of the
6city shall employ or retain any additional engineer, except with
7the previous assent of council. Assistants and employes in the
8office of the city engineer shall be appointed in accordance
9with the civil service provisions of this act. The provisions of
10this article shall not apply to any board of commissioners of
11water-works of any city wherein the title to the water-works
12therein located is in the name of the commissioners of water-
13works.] supervision, direction and control of the engineering 
14matters of the city, and no department of the city shall employ 
15or retain any additional engineer, except with the previous 
16assent of council.

17Section 1503. Duties[; Preparation of Plans.--The city
18engineer shall perform such duties as the council shall
19prescribe with reference to the construction, reconstruction,
20maintenance and repair of all streets, pavements, sewers,
21bridges, culverts and other engineering work. He shall prepare
22plans, specifications, and estimates for all such work
23undertaken by such city, and shall, whenever required, furnish
24council, the committees thereof, the mayor, public boards, or
25heads of departments, with reports, information or estimates on
26any city engineering work, or on questions submitted by any of
27them in their official capacity.].--As authorized by council, 
28engineering work undertaken by the city shall be performed or 
29supervised by the city engineer or by another registered 
30professional engineer employed by the city for a particular
 

1purpose. The duties of the city engineer may include, but need 
2not be limited to, the following:

3(1) Preparing plans, specifications and estimates, and
4undertaking other engineering work related to constructing,
5reconstructing, maintaining and repairing streets, pavements,
6sewers, bridges, culverts and other municipal improvements.

7(2) Making reports, giving estimates, supplying information
8and responding to questions concerning city engineering work to
9city officials and employes, provided that council may regulate
10the manner, number and method of making these requests.

11(3) Conducting, supervising or directing surveys relating to
12city property and improvements authorized by law or as directed
13by council.

14(4) Preparing a topographical survey of the city or a
15general plan of city streets, marking the lines of streets, both
16those already opened and those intended to be opened for public
17use, as council may deem necessary.

18(5) Surveying, making a draft or plan of and laying out new
19or proposed streets, as council may deem necessary.

20(6) Reporting a grade for any proposed or new streets, as
21council may deem necessary.

22(7) Making reports, from time to time, as deemed expedient
23by the city engineer or as council shall direct, of the surveys
24and plans of city streets in convenient sections without
25awaiting the completion of the entire survey.

26(8) Keeping and maintaining books and records, and providing
27for certified copies of the same, as may be directed or
28authorized by council or required by law.

29Section 1504. [Certificate of Commencement and of Completion
30of Municipal Improvements.--The city engineer shall immediately

1after the completion of any municipal improvement, the cost and
2expense of which, in whole or in part, is to be paid by the
3abutting property, make certificate in which he shall state the
4day or time on which the particular improvement was completed,
5and shall file the same with the city clerk, who shall enter the
6said day or time of completion in a book to be kept by him for
7said purposes; and the said day or time mentioned in said
8certificate shall be conclusive on all parties as to the time
9the said work was completed. The time of completion of the work,
10referred to in this section and in other parts of this act,
11shall be taken to mean the time of the completion of the whole
12contract for the improvement. He shall also furnish to the city
13clerk a certificate showing the time on which any such
14particular improvement was commenced, and such certificate shall
15be conclusive evidence of the time when the said improvement was
16begun. An entry of such date shall be made by said clerk in the
17books aforesaid.] Certifying Commencement and Completion of 
18Municipal Improvements.--Within a reasonable time after the 
19completion of any municipal improvement, the cost and expense of 
20which, in whole or in part, is to be paid by the abutting 
21property owner or owners, the city engineer, or employes 
22designated by the city engineer, shall certify the day or time 
23on which the particular improvement was commenced and the day or 
24time on which the particular improvement was completed, shall 
25file the same with the city clerk who shall maintain a 
26centralized book or listing of certificates of commencement and 
27completion, and shall provide notice of the filing to the city 
28solicitor. The day or time of completion of the work, referred 
29to in this section and in other parts of this act, shall mean 
30the time of the completion of the whole contract for the
 

1improvement. Information filed with the clerk certifying the day 
2or time of the commencement and completion of the work shall be 
3conclusive evidence of the day or time when the improvement was 
4begun and completed.

5Section 1505. [Surveys.--The city engineer shall have the
6charge and direction of all surveys and regulations authorized
7by any act of Assembly, or ordinance of such city, and shall
8perform such other duties as council shall direct.] Surveys; 
9Entering Upon the Lands of Others.--For the purposes of carrying 
10out authorized surveys, laying out streets or of other 
11engineering work of the city, the city engineer or other persons 
12engaged in city engineering work shall have full power and 
13authority to enter upon the lands and premises of any person or 
14persons within the city.

15Section 105. Article XV subdivision (b) heading, sections
161515, 1516, 1517, 1518, 1519, 1520 and 1521, subdivision (c)
17heading and sections 1530, 1531, 1532, 1533, 1534, 1535, 1536,
181537 and 1538 are repealed:

19[(b) Real Estate Registry

20Section 1515. Council to Provide for Registry of Real
21Estate.--For the purpose of procuring accurate information in
22reference to the ownership of all real estate, the council of
23each city shall provide, by ordinance, for a registry thereof in
24accordance with this subdivision.

25Section 1516. Preparation of Books, Plans and Maps.--The
26city engineer of any city in which such registry shall be
27established shall cause to be made all such necessary books,
28maps and plans as will show the situation and dimensions of each
29property therein, which books, maps or plans shall be so
30prepared as to show the city number, and name of the owner or

1owners thereof, with blank spaces for the owner of each lot,
2with provision for the names of future owners, and dates of
3future transfer of title. For such purpose, the city engineer
4shall have free access, without charge, to any of the public
5records wherein the necessary information may be obtainable
6therefor. He may also cause search to be made in any other place
7for any muniments or evidence of title, not reported to him as
8hereinafter provided, and requisite for the completion of said
9books, maps or plans.

10Section 1517. Preservation of Records.--The said books, maps
11and plans shall be carefully preserved in the office of the
12engineer, and shall be so kept, by additions from time to time,
13or otherwise, as to show the ownership of every lot or piece of
14real estate, or subdivision thereof, within the city limits,
15with the successive transmissions of title, from the date of the
16commencement of such plans; but nothing herein or in this
17article shall invalidate any municipal or tax claim by reason of
18the fact that the same is not assessed or levied against the
19registered owner.

20Section 1518. Certified Copies of Entries Admissible as
21Evidence.--Certified copies, signed by the city engineer, of any
22of the entries in said books, or upon said maps or plans, shall
23be received in evidence in the same manner as the books, maps
24and plans themselves might be admissible for such purposes; and
25may be also furnished to any person desiring the same, for such
26fee or compensation for the use of the city as may be fixed by
27ordinance.

28Section 1519. Duties Imposed on Owners of Real Estate when
29Registry Established; Penalty.--All owners of unregistered real
30estate within the city limits, within thirty days from the date

1of the approval of the ordinance establishing such registry, and
2every subsequent purchaser, devisee, or person acquiring title
3by partition or otherwise, to any real estate therein, within
4thirty days after acquiring such title, shall furnish to the
5said engineer, at his office, descriptions of their respective
6properties, upon blanks to be furnished by the city, and, at the
7same time, present their conveyance to be stamped by said
8engineer, without charge, as evidence of the registration
9thereof. Any person or persons neglecting or refusing to comply
10with the provisions of this section, for a period of thirty days
11after public notice of the requirements thereof, shall be liable
12to a penalty of five dollars, to be recovered, with costs of
13suit, in the name and for the use of the city, as penalties for
14the violation of city ordinances are recoverable: Provided,
15however, That such registration may within said thirty day
16period be also effected by the recorder of deeds of the county,
17in accordance with existing law.

18Section 1520. Registry of Properties Sold at Judicial
19Sales.--The sheriffs of the respective counties in which such
20cities are situated shall present for registry the deeds of all
21properties within the city limits sold by them at judicial
22sales, whether by execution, in partition, or otherwise.

23Section 1521. Filing of Municipal Claims.--Each city's
24registry may be used as the lawful and proper source of property
25owners' or reputed owners' names for the purpose of filing
26municipal claims as liens or of reviving municipal liens.

27(c) Topographical Survey

28Section 1530. Council May Authorize Topographical Survey.--
29Any city may, by ordinance, cause a topographical survey
30thereof, to be made by its city engineer, or by such other civil

1engineer and assistants as they may employ for that purpose.

2Section 1531. Plan of Streets and Highways; Surveys;
3Grades.--The city engineer, upon being duly authorized, shall
4procure and keep in his office such necessary plot or other
5books as shall be necessary for the purpose of entering or
6recording thereon all the streets and highways of the city,
7already opened or to be hereafter opened. He shall survey and
8mark the lines of all the streets and highways of the city,
9already opened or intended to be opened for public use, and
10survey and lay out new streets and highways, as council may deem
11necessary, for a regular and convenient city plan, and, if
12specially directed, he shall report a grade for any proposed new
13streets. For the said purposes, the city engineer and his
14assistants or any other person engaged in such engineering work
15for the city shall have full power and authority to enter upon
16the lands and premises of any person or persons within the said
17city.

18Section 1532. Return of Draft of Completed Survey to
19Council; Inspection.--When the survey shall be completed, the
20said engineer shall make or cause to be made a draft or plan
21thereof, with every provision and explanation necessary for a
22full understanding of the same, distinctly designated where new
23streets and highways are thereafter to be opened, and shall
24return the same to the council. It shall remain in the office of
25the city clerk, and open to inspection by those interested,
26until finally approved as hereinafter provided.

27Section 1533. Notice of Return; Objections; Alterations;
28Approval; Recording.--Council shall give at least thirty days'
29previous notice by publication once in at least two newspapers
30of general circulation, if there be that many, as required by

1section one hundred and nine of this act, and by posting at
2least ten handbills upon lands or territory contained in the map
3or plan returned for approval, that on a certain day or days, to
4be fixed by the said council, the said council will hear any
5objection that may be made to said draft or plans by any
6freeholder or citizen of said city, or interested person. The
7council at the time appointed, or at any subsequent time within
8three months, shall determine whether any and what alterations
9shall be made in the said plan or draft. When the same is
10finally approved, whether as returned or as altered and changed,
11said council may direct that the same be entered and recorded in
12the plot-book of street plans, in the office of the city
13engineer.

14Section 1534. Notation of Grades on Plans.--In case the city
15engineer is directed to report grades for said streets or
16highways, the same shall be noted on said draft or plan, and be
17returned with his surveys; and said grades shall be subject to
18alterations and changes by council, in the manner aforesaid; and
19when approved by the said council shall become part of the
20plans, and be entered and recorded as aforesaid.

21Section 1535. Effect of Recording.--Upon the recording of
22such plan or draft in the street plan book, and the passage of
23an ordinance approving said street drafts or plans and grades,
24or of either, as the case may be, therein designating the book
25and page, or pages, at or in which the said plan or plans are
26recorded, thereafter all the streets and highways, as designated
27upon said approved plan and recorded as aforesaid, shall be
28adjudged and taken to be laid out and located streets and
29highways.

30Section 1536. Deviation from Established Plans; Liability of

1City.--In case the council shall thereafter change or alter, or
2should they by themselves or their officers deviate from the
3regulations of the streets or highways, so as aforesaid
4established, and damages thereby accrue to the property of any
5person or persons in consequence thereof, the said city shall be
6liable for the payment of such damages.

7Section 1537. Sectional Surveys.--Sectional surveys or
8drafts may be returned to the council by said engineer at any
9time, and be confirmed as aforesaid, and with like force and
10effect.

11Section 1538. Reports of Partial Surveys; Confirmation.--The
12said engineer may, from time to time as he shall deem expedient
13and the said council shall direct, make report of the surveys,
14plans and regulations by him made, in convenient sections,
15without awaiting the completion of the entire survey, and shall
16make duplicate drafts and plans of said section in the manner
17hereinbefore prescribed. The same proceedings shall be had for
18the final confirmation of such partial or sectional drafts and
19plans as is herein directed in relation to the confirmation of
20the entire survey, and with like effect and force.]

21Section 106. Article XVI heading of the act is reenacted to
22read:

23ARTICLE XVI

24THE CITY SOLICITOR

25Section 107. Sections 1601, 1602, 1603 and 1604 of the act 
26are amended to read:

27Section 1601. Appointment of City Solicitor[; Term;
28Compensation; Bond; Filling of Vacancies.--The council of each
29city shall, on the first Monday of May, one thousand nine
30hundred and fifty-two, and on the first Monday of May every

1fourth year thereafter, or as soon thereafter as practicable in
2each of said years, appoint a city solicitor, who shall be
3learned in the law and admitted to practice in the Supreme Court
4of the Commonwealth, and shall maintain an office in the city.
5He shall serve for a term of four years from the said first
6Monday of May and until his successor is qualified. He shall
7receive a fixed annual salary to be provided by ordinance. He
8shall give lawful bond to the city, with a surety or other
9company authorized by law to act as surety, to be approved by
10council, in such sum as they shall by ordinance direct,
11conditioned for the faithful performance of his official duties.
12Vacancies in said office shall be filled by council for the
13unexpired term.].--Council shall provide for the manner of 
14appointment and compensation of the city solicitor, which may be 
15a law firm.

16Section 1602. Direction of [Law] Legal Matters.--The city 
17solicitor shall have the [superintendence,] direction[,] and 
18control of the [law] legal matters of the city. No department of 
19the city shall employ or retain any additional counsel in any 
20matter or cause, except with the [previous] prior assent of 
21council.

22Section 1603. Duties.--The city solicitor shall [prepare]
23oversee the preparation of all bonds, obligations, contracts,
24leases, conveyances, and assurances to which the city or any
25department thereof may be party, as may be directed by
26resolution or ordinance, and shall [commence and prosecute]
27oversee the commencement and prosecution of all and every suit
28or suits, action or actions, brought by the city, and the filing 
29of municipal claims and liens, for or on account of any of the
30estates, rights, trusts, privileges, claims, or demands[,] of

1the same, as well as [defend] oversee the defense of all actions
2or suits against the [said] city or any officer thereof, wherein
3or whereby any of the estates, rights, privileges, trusts,
4ordinances, or acts of the city or any department thereof, may
5be brought in question before any court. [He] The city solicitor
6shall have like duties before any administrative agency or other
7judicial or quasi-judicial body. [He] The city solicitor shall
8do all and every professional act incident to the office which
9[he] the city solicitor may be lawfully authorized and required
10to do by the mayor, or by any ordinance or resolution of the
11council, and shall perform such other duties as council may 
12direct.

13Section 1604. Written Opinions to be Furnished.--[The city
14solicitor shall, whenever required, furnish the council, the
15mayor, or any elected city official, with his opinion, in
16writing, upon any question of law which may be submitted by any
17of them in their official capacities.] (a) Subject to 
18regulation by council in accordance with subsection (b), the 
19city solicitor shall furnish a written opinion on questions of 
20law submitted, in their official capacities, by any of the 
21following:

22(1) The council.

23(2) The mayor.

24(3) Any other elected city official.

25(4) Any appointed city official designated by council as
26authorized to request a written legal opinion.

27(b) The city council may provide for the regulation of the
28manner in which questions are presented to the city solicitor by
29any elected or appointed city official and may limit the
30questions submitted in such manner as the city council may

1direct.

2Section 108. Sections 1605 and 1606 of the act are repealed:

3[Section 1605. City Lien Docket.--The city solicitor shall
4keep in his office a city lien docket, which shall be open to
5public inspection, and in which he shall cause to be entered all
6claims for curbing, paving, or repaving sidewalks, assessments
7of damages, contributions for opening streets, or parts thereof,
8for grading, paving, and macadamizing the same, for water and
9lighting frontage tax and water and lighting rates, sewerage,
10city taxes, and other matters that may be the subject of claim
11on the part of the city, which have or shall be returned to the
12solicitor as remaining due and unpaid after the period
13prescribed by law or ordinance for the payment of such claims.
14Nothing contained herein shall be deemed to alter or replace the
15administration and effect of the Real Estate Tax Sale Law in any
16city wherein said law is in operation.

17Section 1606. Department Heads to Furnish Statements of
18Claim.--It shall be the duty of the head of each department,
19wherein any such claim shall originate, to furnish to the city
20solicitor, within the period prescribed by law or ordinance, a
21statement of all claims for curbing, paving, et cetera, which
22remain due or unpaid, a certified copy of which the said heads
23of departments shall at the same time furnish to the director of
24accounts and finance.]

25Section 109. Section 1607 of the act is amended to read:

26Section 1607. Satisfaction of Liens Due City.--Upon the
27payment of any lien or other debt of record due the city, to any
28city employe or city official or other person authorized to
29receive the [same] payment, that person shall [forthwith forward
30to the city solicitor a satisfaction piece therein], as soon as
 

1practicable, notify the city solicitor; and it shall be the duty
2of the city solicitor or [his assistant forthwith] the 
3solicitor's designee, as soon as practicable, to cause
4satisfaction to be entered upon the proper record [thereof] of 
5the lien or debt of record.

6Section 110. Section 1608 of the act is repealed:

7[Section 1608. Return and Payment of Money and Fees
8Received.--The city solicitor shall, at least once in every
9month, make a return to the director of accounts and finance,
10under oath or affirmation, of each item of moneys received by or
11through him, or his assistants, by virtue of his office, or on
12account of any matter connected therewith. Immediately upon
13making such return, he shall pay over the amount in his hands to
14the city treasurer. He shall, in like manner, pay into the city
15treasury all fees received by him in his official capacity, but
16this provision shall not be taken to include the judgment fee or
17commission allowed him in his capacity of attorney.]

18Section 111. Sections 1609 and 1610 of the act are amended 
19to read:

20Section 1609. Assistant Solicitor.--[The council of each
21city may] Council may, at its discretion, appoint one or more
22assistant city solicitors[, whose term of office shall be
23concurrent with that of the city solicitor, and whose] to assist 
24the solicitor in the performance of all duties and shall provide 
25for the compensation [shall be fixed by resolution, and who
26shall assist the solicitor in the performance of all duties
27prescribed for him] of assistant solicitors by resolution.

28Section 1610. Special Counsel.--Council may, at its
29discretion, retain special counsel for particular proceedings or
30matters of the city and [fix his] shall provide for the
 

1compensation of special counsel by resolution.

2Section 112. Article XVII heading of the act is amended to
3read:

4ARTICLE XVII

5THE CITY CONTROLLER AND INDEPENDENT AUDITOR

6Section 113. Article XVII of the act is amended by adding a
7subdivision heading to read:

8(a) City Controller

9Section 114. Section 1701 of the act, amended July 27, 1973
10(P.L.234, No.62), is amended to read:

11Section 1701. Qualifications; Bond; Compensation.--(a) The 
12city controller shall be [a competent] an accountant, at least 
13twenty-one years of age, shall have been a resident of the city 
14for at least one year [next before his election] before the 
15person's election, and shall reside in the city throughout [his] 
16the person's term of office. Prior to being sworn in to office, 
17and as a condition to qualifying for office, the elected city 
18controller shall present a signed affidavit to the city clerk 
19that states the person resides in the city from which elected 
20and has resided in the city continuously for at least one year 
21immediately before the person's election.

22(b) The city controller shall give bond in accordance with
23section 907 for the faithful performance of official duties as
24the city controller. The bond shall cover the full term of
25office and shall be conditioned upon the following:

26(1) The accounting for and paying over of all moneys
27received as city controller.

28(2) The safekeeping and payment over of all public moneys
29entrusted to the controller's care.

30(c) The city controller shall receive a fixed annual salary,

1to be set by ordinance, in an amount not less than the
2compensation paid to members of council.

3Section 115. Sections 1702 and 1703 of the act are repealed:

4[Section 1702. Bond.--He shall give lawful bond to the city,
5with a surety or other company authorized by law to act as
6surety, to be approved by the council, in such sum as it may by
7ordinance direct, conditioned for the honest and faithful
8discharge of his official duties.

9Section 1703. Compensation.--He shall receive a fixed annual
10salary, to be provided by ordinance, which shall not be less
11than the compensation paid to members of council.]

12Section 116. Section 1704 of the act, amended May 6, 1957
13(P.L.100, No.42) and December 14, 1967 (P.L.828, No.355), is
14amended to read:

15Section 1704. [Examination and Audit of Accounts].--(a)] 
16Powers and Duties.--(a) The city controller shall countersign 
17all documents authorizing the payment of moneys out of the city 
18treasury when satisfied of the legality of the payment.

19(b) The city controller shall have the power to administer
20oaths or affirmations in relation to any matter touching the
21authentication of any account, claim or demand of or against the
22city, but shall not receive any fee therefor.

23(c) The city controller shall have the power to examine[, 
24audit and settle all] the following accounts:

25(1) All accounts whatsoever in which the city is concerned, 
26either as debtor or creditor[, and shall also, annually or as 
27often as he desires or is directed to do so by council, examine 
28and audit the].

29(2) The accounts of all city bureaus, officers, and 
30departments which collect, receive, and disburse public
 

1moneys[,] or who are charged with the management, control, or 
2custody thereof[, and in every case he shall make report of such 
3examination, audit and settlement to the council. He shall 
4likewise audit and report upon the].

5(3) The accounts of [any such] a city officer upon the 
6death, resignation, removal or expiration of the term of the 
7[said officers] officer. [He shall likewise audit and report 
8upon the]

9(4) The accounts of any library to which the city makes 
10appropriations, [those of] any institution owned by the city, 
11and [those of] Pennsylvania National Guard units to which the 
12city makes appropriations.

13[(b) He shall likewise audit, or with the consent of council
14cause to be made by an accountant an annual audit of, all the
15accounts of any municipal officer in any department of the city
16government who may be charged with the duty, or who may perform
17the services, of receiving and disbursing the funds of any
18association, society, or organization of municipal employes or
19persons, directly or indirectly connected with the municipal
20government, for the benefit, relief, or pensioning of firemen,
21policemen, or other municipal employes or persons as aforesaid.

22(c) All such audits shall be made within as short a time as
23possible after the close of the fiscal year, and be annually
24reported to council at its first meeting in March, as other
25reports of the controller are made, and shall be filed with the
26court of quarter sessions within ninety days of the close of the
27fiscal year.

28(d) Council may provide for an audit of any or all accounts
29by an independent certified public accountant.

30(e) Brief abstracts or summaries of the reports of such

1accounts and financial statements or such other reports thereof
2as council may require shall be published at least once a week
3for two weeks in one newspaper, in accordance with the
4provisions of section one hundred and nine of this act. The
5expense and cost of such publication shall be paid out of the
6funds of the various associations, organizations, or societies,
7as their other expenses are paid.]

8(f) In the same manner in which subpoenas may be issued and
9enforced, in accordance with section 917, the city controller
10shall have power to issue and pursue enforcement of subpoenas to
11obtain the attendance both of officers whose accounts the
12controller is authorized to examine and of any person or persons
13whom it may be necessary to examine as witnesses.

14(g) The city controller may present council with annual or
15periodic statements concerning the results of the controller's
16examination of accounts, which shall be public records pursuant
17to the act of February 14, 2008 (P.L.6, No.3), known as the
18"Right-to-Know Law".

19Section 117. The act is amended by adding sections to read:

20Section 1704.1. Deputy Controller; Employes.--The controller
21may appoint a deputy controller and may select individuals to
22serve as assistants and employes in the controller's office. The
23number of the assistants and employes permitted, if any, shall
24be fixed by council. Assistants and employes in the controller's
25office shall, in all other respects, be considered employes of
26the city. A deputy controller, assistants and employes appointed
27under this section shall be bonded, and their compensation shall
28be fixed by council.

29Section 1704.2. Temporary Deputy Controller.--In case of the
30sickness, absence or inability of a city controller, and when no

1deputy shall have been appointed by the controller, the council
2may appoint a temporary deputy controller to serve during the
3sickness, absence or inability of the controller, or until the
4controller shall appoint a deputy. A temporary deputy controller
5shall be bonded and receive the compensation fixed by council.

6Section 1704.3. Continuation of Office.--The appointment of
7an independent auditor in accordance with subdivision (b) shall
8not abolish the office of controller. The elected controller
9shall continue to exercise those powers retained for the
10controller in this subdivision.

11Section 118. Article XVII of the act is amended by adding a
12subdivision heading to read:

13(b) Independent Auditor

14Section 119. The act is amended by adding sections to read:

15Section 1704.11. Appointment of Independent Auditor.--The
16council shall provide, by resolution, for the appointment of an
17independent auditor. The independent auditor may be a certified
18public accountant or a firm of certified public accountants.

19Section 1704.12. Powers and Duties of Independent Auditor.--
20(a) The independent auditor shall conduct an annual audit of
21all accounts of city officers, departments and offices which
22collect, receive and disburse public moneys and other funds or
23are charged with the management, control or custody thereof on
24which the independent auditor is required to report pursuant to
25this subdivision. The annual audit, as directed by council,
26shall also include any accounts subject to examination by the
27controller pursuant to subdivision (a).

28(b) The independent auditor shall have and possess the
29powers expressly provided in this subdivision and, in relation
30to accounts which the independent auditor is authorized to

1audit, shall have the same power as the city controller to issue
2subpoenas to obtain the attendance of officers and witnesses.

3Section 120. Section 1705 of the act, amended March 2, 1970
4(P.L.71, No.31), is amended to read:

5Section 1705. Annual Report to Council; Filing Copy in Court 
6and Appeal [Therefrom].--(a) The [city controller] independent 
7auditor appointed in accordance with this subdivision shall make 
8a report to council, at [its] council's first meeting in March 
9in each year, of the audits [which he shall have] made of the 
10accounts of the officers having charge, custody, control or 
11disbursement of such public moneys and other funds, showing the 
12balance in their hands respectively, and, within ninety days of 
13the close of the fiscal year, the [city controller] independent 
14auditor shall file a copy of the [said] annual report to council 
15with the clerk of the court or the prothonotary, as may be 
16provided by local rules of court.

17(b) The independent auditor shall also prepare, annually, an
18intelligible summary of the report or reports made pursuant to
19this section, showing the fiscal condition of the affairs of the
20city. Council may require advisory interim reports from the
21independent auditor. Reports prepared under this section and all 
22summaries thereof shall be public pursuant to the act of 
23February 14, 2008 (P.L.6, No.3), known as the "Right-to-Know 
24Law."

25(c) It shall be lawful for the city or any taxpayer thereof 
26on its behalf or any officer whose account is settled or audited 
27to appeal from the settlement or audit to the court of common 
28pleas of the county within forty-five days after the [said] 
29annual report to council has been filed. If the appellant is a 
30taxpayer or any officer charged as aforesaid, he shall file a
 

1bond, with one or more sufficient sureties, conditioned to pay 
2all costs thereafter accruing in case a decision shall not be 
3obtained more favorable to the party on whose behalf the appeal 
4shall be taken than that contained in the [said] report. [The 
5city controller shall also prepare an intelligible summary of 
6said reports, showing the fiscal condition of the affairs of the 
7city, and post one copy of said summary in a conspicuous place 
8in the city hall. Council may require advisory interim reports 
9from the city controller.]

10Section 121. Sections 1706, 1707, 1708 and 1709 of the act
11are repealed:

12[Section 1706. Power to Administer Oaths; Countersigning of
13Warrants.--The city controller shall have the power to
14administer oaths or affirmations in relation to any matter
15touching the authentication of any account, claim, or demand of
16or against the city, but shall not receive any fee therefor, and
17shall countersign all warrants for the payment of moneys out of
18the city treasury when satisfied of the legality of such
19payment.

20Section 1707. Power to Subpoena City Officers.--The city
21controller shall have power to issue subpoenas to obtain the
22attendance of officers whose accounts he is authorized to
23adjust, audit, and settle, and also to subpoena any person or
24persons whom it may be necessary to examine as witnesses, and in
25case any city officer or any witness refuses to appear upon
26being subpoenaed, he shall report such refusal to council, and
27the council is hereby empowered to enact ordinances to compel
28the attendance of city officers and witnesses before the said
29city controller and to impose penalties in case of refusal.

30Section 1708. Appointment of Deputy Controller; Powers;

1Responsibility.--The city controller may appoint a deputy
2controller, who in case of the sickness, absence, or inability
3of such controller to act, shall have the same powers and shall
4perform the same duties as are imposed by law upon the city
5controller. In the case of such appointment, the said controller
6shall be responsible and liable for the acts of such deputy.

7Section 1709. Appointment of Temporary Deputy by Council;
8Bond; Compensation.--In case of the sickness, absence, or
9inability of a city controller, and when no deputy shall have
10been appointed by him, the council of such city may appoint a
11deputy controller to serve during the sickness, absence, or
12inability of such controller, or until such controller shall
13appoint a deputy, as aforesaid, who shall furnish such bond, and
14receive such compensation, as shall be fixed by council.]

15Section 122. Article XVIII heading of the act is reenacted
16to read:

17ARTICLE XVIII

18ACCOUNTS AND FINANCES

19Section 123. Section 1801 of the act, amended April 27, 1965
20(P.L.21, No.18), is amended to read:

21Section 1801. Fiscal Year.--The fiscal year of each city 
22shall begin on the first day of January and end on the last day 
23of December.

24Section 124. Sections 1802, 1803 and 1804 of the act are
25amended to read:

26Section 1802. [Director of Accounts and Finance] Chief 
27Fiscal Officer; Bond; Administering Oaths.--[The director of 
28accounts and finance shall be the head of the Department of 
29Accounts and Finance. He shall furnish bond in such amount as 
30shall be fixed by ordinance. He] (a) Council shall provide for
 

1a chief fiscal officer for the city. In filling the position of 
2chief fiscal officer, council may appoint, but shall not be 
3limited to appointing, the director of the department of 
4accounts and finance, if one is appointed pursuant to Article XI 
5or the city administrator, if one is appointed pursuant to 
6Article XII-A.

7(b) Council shall require that the chief fiscal officer
8furnish a bond subject to section 907.

9(c) The chief fiscal officer shall have authority to 
10administer oaths and affirmations in relation to any matter 
11touching the authentication of every account with or claim or 
12demand of or against the city, but shall not be entitled to 
13receive any fee therefor.

14Section 1803. Deputy.--[The director of accounts and finance 
15may appoint a deputy, subject to the approval of council, which 
16shall fix the salary of such deputy.] Council may authorize the 
17chief fiscal officer to appoint, subject to the approval of 
18council, a deputy chief fiscal officer whose compensation shall 
19be fixed by council. The deputy shall have power to administer 
20oaths and affirmations in all matters relating to the affairs of 
21[said] the office and shall furnish a bond subject to section 
22907. If no deputy has been appointed, council may appoint a 
23temporary deputy chief fiscal officer to serve during the chief 
24fiscal officer's illness, absence or inability to serve. The 
25temporary deputy chief fiscal officer may be required to furnish 
26bond as required by council. [The director of accounts and 
27finance shall in all cases be responsible and liable for the 
28actions and conduct of the said deputy.]

29Section 1804. Regulations Concerning Appropriation.--(a) No 
30debt shall be created by any department of the city[,] except in
 

1[pursuance of previous authority of law, ordinance, or 
2resolution] accordance with law.

3(b) No money shall be paid out of the city treasury except 
4upon appropriation made according to law[,] and [on warrant] 
5pursuant to a document authorizing payment drawn by the proper 
6officer or officers in pursuance thereof.

7(c) No work shall be hired to be done, no materials 
8purchased, no contracts made, and no order issued for the 
9payment of any moneys [in any amount which will cause the sums 
10appropriated to specific purposes to be exceeded], if doing so 
11would result in the total expenditure of money for a specific 
12purpose to exceed the amount appropriated for that purpose.

13(d) In every case in which an appropriation shall be 
14[exhausted] entirely expended, and the object of [which] the 
15appropriation is not completed, the [director of accounts and 
16finance] chief fiscal officer shall [immediately] on or before 
17the next regularly scheduled council meeting report the fact to 
18the city council and accompany [such] the report with a 
19statement of the moneys which have been drawn on [such] the 
20appropriation[,] and the particular purpose for which they were 
21drawn.

22(e) The council may at any time by ordinance make 
23supplemental appropriations for any lawful purpose from any 
24funds on hand or estimated to be received within the fiscal year 
25and not appropriated to any other purpose, including the 
26proceeds of any borrowing now or hereafter authorized by law.

27(f) The council shall have the power to authorize the 
28transfer of any unexpended balance, of any appropriation item, 
29or any portion thereof, but [such action shall be taken only on 
30the recommendation of a director of one of the departments]
 

1council shall first seek comments from the director of the 
2department negatively affected by the proposed transfer pursuant 
3to this section.

4[When a transfer of over five per cent of an appropriation
5item is made within a department or when a transfer of over five
6per cent of the total appropriation is made from one department
7to another department, an affirmative vote of four members of
8the council shall be required.]

9(g) Consistent with this section, council shall determine
10the manner and method of all intradepartmental and
11interdepartmental financial transfers.

12Section 125. Section 1804.1 of the act, amended July 10,
131980 (P.L.478, No.103) and December 13, 1982 (P.L.1149, No.263),
14is amended to read:

15Section 1804.1. Investment of City Funds.--(a) The council 
16shall have power to provide the following:

17(1) [make] The investment of city sinking funds as
18authorized by [the act of July 12, 1972 (P.L.781, No.185), known
19as the "Local Government Unit Debt Act";] 53 Pa.C.S. Pt. VII 
20Subpt. B (relating to indebtedness and borrowing).

21(2) [make] The investment of moneys in the general fund and
22in special funds of the city other than the sinking funds as
23authorized by this article[; and].

24(3) [liquidate] The liquidation of any [such] investment, in
25whole or in part, by disposing of securities or withdrawing
26funds on deposit. Any action taken to make or to liquidate any
27investment shall be made by the officers designated by action of
28the council.

29(b) The council shall invest city funds consistent with
30sound business practice.

1(c) The council shall provide for an investment program
2subject to restrictions contained in this act and in any other
3applicable statute and any rules and regulations adopted by the
4council.

5(d) Authorized types of investments for city funds shall be
6any of the following:

7(1) United States Treasury bills.

8(2) Short-term obligations of the United States Government
9or its agencies or instrumentalities.

10(3) Deposits in savings accounts or time deposits, other
11than certificates of deposit, or share accounts of institutions
12insured by the Federal Deposit Insurance Corporation [or the
13Federal Savings and Loan Insurance Corporation] or the National
14Credit Union Share Insurance Fund [or the Pennsylvania Deposit
15Insurance Corporation or the Pennsylvania Savings Association
16Insurance Corporation] to the extent that such accounts are so
17insured[,] and, for any amounts above the insured maximum,
18provided that approved collateral as provided by law therefore
19shall be pledged by the depository.

20(4) Obligations of the United States of America or any of
21its agencies or instrumentalities backed by the full faith and
22credit of the United States of America, the Commonwealth of
23Pennsylvania or any of its agencies or instrumentalities backed
24by the full faith and credit of the Commonwealth, or of any
25political subdivision of the Commonwealth of Pennsylvania or any
26of its agencies or instrumentalities backed by the full faith
27and credit of the political subdivision.

28(5) Shares of an investment company registered under the
29Investment Company Act of 1940 (54 Stat. 789, 15 U.S.C. § 80a-1 
30et seq.), whose shares are registered under the Securities Act

1of 1933 (48 Stat. 74, 15 U.S.C. § 77a et seq.), provided that
2the only investments of that company are in the authorized
3investments for city funds listed in clauses (1) through (4).

4(6) Certificates of deposit purchased from institutions
5insured by the Federal Deposit Insurance Corporation [or the
6Federal Savings and Loan Insurance Corporation] or the National
7Credit Union Share Insurance Fund [or the Pennsylvania Deposit
8Insurance Corporation or the Pennsylvania Savings Association
9Insurance Corporation] to the extent that such accounts are so
10insured. However, for any amounts above the insured maximum,
11such certificates of deposit shall be collateralized by a pledge
12or assignment of assets of the institution, and such collateral
13may include loans (including interest in pools of loans) secured
14by first mortgage liens on real property. Certificates of
15deposit purchased from commercial banks shall be limited to an
16amount equal to twenty per centum of a bank's total capital and
17surplus. Certificates of deposit purchased from savings and loan
18associations or savings banks shall be limited to an amount
19equal to twenty per centum of an institution's assets minus
20liabilities.

21(7) Any investment authorized by 20 Pa.C.S. Ch. 73 (relating
22to [fiduciaries] municipalities investments) shall be an
23authorized investment for any pension or retirement fund.

24(8) Repurchase agreements which are fully collateralized by
25obligations of the United States Government or its agencies or
26instrumentalities, which are free from other liens and backed by
27the full faith and credit of the United States or are rated in
28the highest category by a nationally recognized statistical
29rating organization.

30(9) Deposits in investment pools established by the State

1Treasurer or established by local governments pursuant to 53
2Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental
3cooperation) and related statutes, provided that the investment
4pools are rated in the highest category by a nationally
5recognized statistical rating organization.

6(e) In making investments of city funds, the council shall
7have authority to do any of the following:

8(1) [To permit] Permit assets pledged as collateral under
9subsection (d)(3), to be pooled in accordance with the act of
10August 6, 1971 (P.L.281, No.72), relating to pledges of assets
11to secure deposits of public funds.

12(2) [To combine] Combine moneys from more than one fund
13under city control for the purchase of a single investment,
14provided that each of the funds combined for the purpose shall
15be accounted for separately in all respects and that the
16earnings from the investment are separately and individually
17computed and recorded, and credited to the accounts from which
18the investment was purchased.

19(3) [To join] Join with one or more other political
20subdivisions and municipal authorities in accordance with [the
21act of July 12, 1972 (P.L.762, No.180), referred to as the
22Intergovernmental Cooperation Law] 53 Pa.C.S. Ch. 23, Subch. A,
23in the purchase of a single investment, provided that the
24requirements of clause (2) on separate accounting of individual
25funds and separate computation, recording and crediting of the
26earnings therefrom are adhered to.

27Section 126. Sections 1805, 1806, 1807 and 1808 of the act
28are amended to read:

29Section 1805. Countersigning [Warrants;] Documents; Money 
30Available; Evidence Required.--(a) The [director of the
 

1Department of Accounts and Finance] chief fiscal officer shall 
2countersign all [warrants upon the city treasury, the form 
3whereof shall be prescribed by council, and] documents, in the 
4form approved by council, authorizing payment from the city 
5treasury.

6(b) In countersigning documents authorizing payment from the 
7city treasury, the chief fiscal officer shall not [suffer] 
8permit any appropriation made by the council to be overdrawn[. 
9No warrant shall be countersigned] and shall not countersign 
10unless there is money in the treasury to pay the same.

11(c) Except in the case of [warrants for the payment of 
12moneys] documents authorizing payment to volunteer fire 
13companies, whenever a [warrant on the treasurer] document 
14authorizing payment from the city treasury shall be presented to 
15the [director of accounts and finance] chief fiscal officer to 
16be countersigned, the person presenting the same shall be[, by 
17the said director,] required to produce evidence of each of the 
18following:

19(1) [That the] The amount expressed in the [warrant]
20document authorizing payment is due [to] the person in whose
21favor it is drawn.

22(2) [That the] The supplies, services or other consideration
23for payment of which the [warrant] document authorizing payment
24is drawn have been furnished, performed or given according to
25law and the terms of the contract, if any.

26Section 1806. Record of Assets, Property, Trusts, Debts Due, 
27Receipts and Expenditures.--The [director of accounts and 
28finance] chief fiscal officer or other official or employe of 
29the city designated by council shall have charge and keep a 
30record of accounts, under appropriate titles, to show separately
 

1and distinctly all of the assets and property whatsoever vested 
2in the city, and all trusts in care of the same, debts owing by 
3the city, and all of the receipts and expenditures of the 
4various departments.

5Section 1807. Supervision of Accounts of Departments.--The 
6[director of accounts and finance] chief fiscal officer shall 
7have the supervision and control of the accounts of all of the 
8departments, and may require from them at any time a statement 
9in writing of all money or property of the city in their hands.

10Section 1808. Suggestions [by Director] for Improvement of 
11City Finances.--The [director of accounts and finance] chief 
12fiscal officer may, from time to time, and shall, when the 
13council shall direct, suggest plans to the council for the 
14management and improvement of the city finances.

15Section 127. Sections 1809 and 1810 of the act, amended June
1622, 2000 (P.L.321, No.33), are amended to read:

17Section 1809. Annual Budget; Presentation to Council; 
18Notice; Revision; Adoption.--[The director of accounts and 
19finance] (a) Each year, the chief fiscal officer shall, on 
20behalf of council, at the last stated meeting in November [in 
21each year] present to council for [first reading] introduction a 
22proposed budget ordinance for all funds showing the estimated 
23receipts, expenditures, and liabilities of every kind[,] for the 
24ensuing year, with the balance of unexpended appropriations[,] 
25and all other information of value as a basis for fixing the 
26levy and tax rate for the next fiscal year. Council shall[,] 
27upon [passing] introducing the [said] proposed budget ordinance 
28[on first reading,] fix a date for adoption thereof, which shall 
29be not later than the thirty-first day of December of [such] 
30that year.

1(b) The several departments of the city government shall,
2before the proposed budget ordinance is [presented] introduced,
3as [above] provided in subsection (a), furnish to the council an
4estimate of the probable receipts and expenditures and an 
5estimate of the amount required by each of [said] the
6departments for the public service during the ensuing fiscal
7year as a basis for making the annual appropriations thereto.

8(c) When the proposed budget ordinance is submitted to
9council and has [passed first reading] been introduced, the city
10clerk shall forthwith make the same available for public
11inspection at [his] the city clerk's office in the city hall[,]
12and shall thereupon publish a notice to that effect once in [at
13least one] a newspaper of general circulation in accordance with
14the provisions of section [one hundred nine of this act. Such]
15109. The notice shall state the date fixed by council for
16[adoption] enactment of the proposed budget ordinance, and
17[such] notice shall be published at least twenty days prior to
18the time fixed by council for [adoption] enactment of the
19proposed budget ordinance. The proposed budget ordinance shall
20be available for public inspection at the city clerk's office
21for at least ten days after the aforesaid newspaper notice
22[thereof] is published.

23(d) The council shall, after making such changes and
24modifications therein as appear proper, [adopt] enact the budget
25and any appropriation measures required to put it into effect
26upon the date fixed for [adoption] enactment thereof[: Provided,
27That said], provided, however, that the budget shall reflect as
28nearly as possible the estimated revenues and expenditures of
29the city for the year for which the budget is prepared. [That
30should] Should it appear upon any revision of the budget that

1the estimated expenditures in the [adopted] enacted budget would
2be increased more than ten per cent in the aggregate or more
3than twenty-five per cent in any individual item over the
4proposed budget, [such] the budget shall not be [adopted]
5enacted with any [such] of the increases therein unless the same
6be again made available for public inspection [and for protest
7of such increases] for a period of at least ten days after
8notice to that effect is published as hereinbefore provided.

9Section 1810. Amending Budget; Notice.--(a) During the
10month of January [next following any municipal election]
11following the expiration of a past fiscal year, in furthering 
12its fiduciary responsibility, the council of any city may amend
13the budget and the levy and tax rate to conform [with] to its
14amended budget ordinance. A period of ten days' public
15inspection at the office of the city clerk of the proposed
16amended budget ordinance, after notice by the city clerk to that
17effect is published [once] in a newspaper of general circulation 
18as provided in section [one hundred nine of this act] 109 shall
19intervene between council's [first reading] introduction of the
20proposed amended budget ordinance and the [adoption] enactment
21thereof. Any amended budget ordinance must be [adopted] enacted
22by council on or before the fifteenth day of February.

23[No such] (b) After introduction, no proposed amended budget
24ordinance shall [after first reading] be revised upward in
25excess of ten [percent] per centum in the aggregate thereof or
26as to an individual item in excess of twenty-five per [cent]
27centum of the amount of such individual item in the proposed
28amended budget ordinance.

29Section 128. Section 1811 of the act is amended to read:

30Section 1811. Appropriations; Tax Rate; Limitations.--(a)

1When all estimates for the receipts, liabilities, and
2expenditures for the ensuing year shall be made, council shall
3proceed to make the annual appropriations[,] and shall fix the
4tax rate at such figure as will, in combination with all other
5estimated receipts of the city, fully meet and cover the
6aggregate amount of such estimates of liabilities and
7expenditures for the ensuing year.

8(b) No appropriation, however, shall be made for any purpose
9until the interest accruing on the funded debt of the city and
10the principal of [such] that part of [said] the debt as may be
11coming due in that fiscal year, the salaries of officers, and
12the ordinary and necessary expenses of the city shall first be
13provided for, and no appropriation shall be made for any purpose
14in excess of the estimated receipts and revenues for the fiscal
15year for which such appropriations are made.

16Section 129. Section 1811.2 of the act, amended October 5,
171967 (P.L.327, No.143) and repealed in part July 12, 1972
18(P.L.781, No.185), is amended to read:

19Section 1811.2. Borrowing in Anticipation of Current
20Revenue.--[Cities] In accordance with 53 Pa.C.S. Pt. VII Subpt. 
21B (relating to indebtedness and borrowing), cities may borrow
22money in anticipation of current revenues to an amount not
23exceeding [such] the anticipated current revenues, which shall
24be pledged for the payment of [such] the loan or loans, and may
25issue notes or other [form] forms of obligation[, executed by
26the director of the Department of Accounts and Finance and
27attested by the mayor under the seal of the city, securing such
28loans. Such notes or other form of obligation shall mature and
29be payable during the current fiscal year in which such money is
30borrowed. No such borrowing shall constitute an increase of

1indebtedness within the meaning of Article nine, section eight
2of the Constitution of Pennsylvania, or of the "Municipal
3Borrowing Law" of June twenty-fifth, one thousand nine hundred
4forty-one (Pamphlet Laws 159), or of any of the provisions of
5this act, and shall not require the approval of the Department
6of Community Affairs. Such notes shall bear interest at a rate
7not exceeding six (6) per centum per annum, payable at maturity
8or in advance, and may be sold at either public or private sale
9for not less than par. If such loans are not repaid in whole or
10in part during the fiscal year in which they are made, they, or
11such amounts as remain unpaid, shall become an obligation upon
12the following year's budget and shall be included therein and
13paid not later than the thirty-first day of December of such
14following year. The incurring of such obligations shall receive
15the affirmative vote of not less than two-thirds of the members
16of the city council] in evidence of the debt.

17Section 130. Sections 1812 and 1813 of the act, amended June
1822, 2000 (P.L.321, No.33), are amended to read:

19Section 1812. Annual Reports; Publication; Filing Report
20with Department of Community and Economic Development;
21Penalty.--(a) The [director of accounts and finance] chief 
22fiscal officer shall make a report, verified by oath or
23affirmation, to the council at a stated meeting in April in each
24year of the public accounts of the city and of the trusts in its
25care for the preceding fiscal year, exhibiting all of the
26expenditures thereof, respectively, and the sources from which
27the revenue and funds are derived and in what measures the same
28have been disbursed. Each account shall be accompanied by a
29statement in detail of the several appropriations made by
30council, the amount drawn and encumbered on each appropriation,

1and the unencumbered balance outstanding to the debit or credit
2of such appropriation at the close of the fiscal year.

3(b) [Such] The report, accompanied by a concise financial
4statement setting forth the balance in the treasury at the
5beginning of the fiscal year, all revenues received during the
6fiscal year, by major classifications, all expenditures made
7during the fiscal year, by major functions, and the current
8resources and liabilities of the city at the end of the fiscal
9year, the gross liability and the net debt of the city, the
10amount of the assessed valuation of the taxable property in the
11city, the assets of the city and the character and value
12thereof, the date of the last maturity of the respective forms
13of funded debt, and the assets in each sinking fund, shall be
14published [once in not more than two newspapers printed or
15circulated in such city, as required by section one hundred and
16nine of this act] in a newspaper of general circulation as 
17required by section 109 at least ten days prior to the April 
18meeting scheduled pursuant to subsection (a). Before [such] the
19report or statement is made or published, [the same] it shall be
20approved by the [controller] independent auditor, who may
21approve it subject to such exceptions as [he] the independent 
22auditor may have thereto[: Provided, Council]; provided, 
23however, that council may cause [such] the statement to be
24printed in pamphlet form in addition to the publications made as
25aforesaid.

26(c) The [director of accounts and finance] chief fiscal 
27officer shall also, annually, make report of the financial
28condition of the city in the form above provided to the
29Department of Community and Economic Development, within ninety
30days after the close of the fiscal year, signed and duly

1verified by the oath of the [director] chief fiscal officer and
2approved by the [city controller] independent auditor, as above
3provided. Any [director of accounts and finance] chief fiscal 
4officer appointed by the city refusing or wilfully neglecting to
5file such report shall, upon conviction thereof[,] in a summary
6proceeding brought [at the instance of] by the Department of
7Community and Economic Development, be sentenced to pay a fine
8of five dollars for each day's delay beyond [said] ninety days,
9and costs. All fines recovered shall be for the use of the
10Commonwealth.

11(d) The report to the Department of Community and Economic
12Development shall be presented in a form as provided for in
13section [one thousand eight hundred and thirteen of this act]
141813.

15Section 1813. Committee to Prepare Uniform Forms.--(a) The
16uniform financial report forms, specified in the foregoing
17sections of this act, shall be prepared by a committee
18consisting of four representatives of the Pennsylvania Municipal
19League [of Cities and Municipalities] and the Secretary of
20Community and Economic Development, or [his] the secretary's
21agent or designee who shall be a person trained in the field of
22municipal finance.

23[Such] (b) The representatives shall be appointed by the
24president of [said] the organization within sixty days after the
25effective date of this act. Such representatives shall be chosen
26from among finance officers of third class cities or other
27officers of such cities who have knowledge of their fiscal
28procedures[. As], and as far as possible, they shall be chosen
29to represent cities in the various population groups within the
30range of cities of the third class. The president of the

1Pennsylvania Municipal League [of Cities and Municipalities] and 
2other designated participants shall supply to the Secretary of
3Community and Economic Development the names and addresses of
4[such] the representatives immediately upon their appointment.
5[Said]

6(c) The representatives shall serve without compensation,
7but they shall be reimbursed by the Commonwealth for all
8necessary expenses incurred in attending meetings of the
9committee. The committee shall meet at the call of the Secretary
10of Community and Economic Development, or [his] the secretary's
11agent or designee, who shall serve as [chairman] chairperson of
12the committee.

13(d) It shall be the duty of the Secretary of Community and
14Economic Development, or [his] the secretary's agent or
15designee, to see to it that the forms required by this act are
16prepared in cooperation with [said] the committee. In the event
17that [said] the committee should for any reason fail to furnish
18such cooperation, the Secretary of Community and Economic
19Development, or [his] the secretary's agent or designee, shall
20complete the preparation of the forms. After their preparation, 
21[he] the Secretary of Community and Economic Development, or the 
22secretary's agent or designee, shall issue [said] the forms and
23distribute them annually, as needed, to the designated officers
24of each city of the third class.

25(e) No change or alteration in the forms prescribed shall be
26made by the Secretary of Community and Economic Development or 
27[his] the secretary's agent or designee, except by a majority
28approval of the committee, unless upon reasonable notice two or
29more representatives thereof fail to attend the committee
30meetings. In voting upon any change or alteration, each

1representative and the [chairman] chairperson of the committee
2shall have one vote.

3Section 131. Section 1814 of the act is amended to read:

4Section 1814. Annual Reports to Council on Insurance and
5Bonds.--The [director of accounts and finance] chief fiscal 
6officer shall prepare or cause to be prepared and submit to
7council [at the first stated meeting in October of each year],
8as council shall direct, a complete and itemized report of all
9policies of insurance contracted for by the city[,] for the
10information and consideration of council. The [director of
11accounts and finance] chief fiscal officer shall make a like
12report [at the same time each year], as council shall direct, of
13all bonds given for the protection of the city in whole or in
14part.

15Section 132. Article XIX heading of the act is reenacted to
16read:

17ARTICLE XIX

18CONTRACTS

19Section 133. Section 1901 of the act, amended or added
20September 17, 1959 (P.L.906, No.359), October 4, 1978 (P.L.1045,
21No.239), July 1, 1981 (P.L.196, No.59), April 3, 1992 (P.L.53,
22No.17) and November 3, 2011 (P.L.377, No.91), is amended to
23read:

24Section 1901. [Power to Make Contracts; Regulations
25Concerning Contracts.--(a) Each city may make contracts for
26carrying into execution the provisions of this act and the laws
27of the Commonwealth. The council shall, by ordinance, provide
28for and regulate the award of all contracts. All contracts or
29purchases not in excess of the base amount of eighteen thousand
30five hundred dollars, subject to adjustment under section one
 

1thousand nine hundred and three point one of this act, shall be
2by note or memorandum in writing, signed by the officer or
3employe making the purchase or contract.

4(b) All services and personal properties required by any
5city, or any department thereof, where the base amount exceeds
6the sum of eighteen thousand five hundred dollars, subject to 
7adjustment under section one thousand nine hundred and three 
8point one of this act, shall be furnished and performed under
9written contract, and the contract shall be awarded and given to
10the lowest responsible bidder, after advertising two times, each
11publication on a different day, in not more than two newspapers,
12in accord with the provisions of section one hundred and nine of
13this act, and the bids shall not be opened until at least ten
14days have elapsed after the first advertisement. A notice of the
15advertisement for contracts or purchases shall also be posted at
16the city hall.

17(c) The amount of the contract shall in all cases, whether
18of straight sale price, conditional sale, bailment lease, or
19otherwise, be the entire amount which the city pays to the
20successful bidder or his assigns in order to obtain the services
21or property or both, and shall not be construed to mean only the
22amount which is paid to acquire title or to receive any other
23particular benefit or benefits of the whole bargain.

24(d) The contracts or purchases made by council involving an 
25expenditure in excess of the base amount of eighteen thousand 
26five hundred dollars, subject to adjustment under section one 
27thousand nine hundred and three point one of this act, which 
28shall not require advertising or bidding, as hereinbefore 
29provided are as follows:

30(1) Those for maintenance, repairs or replacements for

1water, electric light or other public works of the city,
2provided they do not constitute new additions, extensions or
3enlargements of existing facilities and equipment, but a bond
4may be required by council as in other cases of work done.

5(2) Those made for improvements, repairs and maintenance of
6any kind made or provided by any city through its own employes:
7Provided, however, That this shall not apply to construction
8materials used in a street improvement.

9(3) Those where particular types, models or pieces of new
10equipment, articles, apparatus, appliances, vehicles, or parts
11thereof, are desired by council, which are patented and
12manufactured or copyrighted products.

13(4) Those involving any policies of insurance or surety
14company bonds; those made for public utility service under
15tariffs on file with the Pennsylvania Public Utility Commission;
16those made with another political subdivision or a county, the
17Commonwealth of Pennsylvania, the Federal government, any agency
18of the Commonwealth or the Federal government, or any municipal
19authority, including the sale, leasing or loan of any supplies
20or materials by the Commonwealth or the Federal government, or
21their agencies, but the price thereof shall not be in excess of
22that fixed by the Commonwealth, the Federal government, or their
23agencies.

24(5) Those involving personal or professional services.

25(6) Those made during a state of emergency declared by the
26mayor or chief executive in accord with section one thousand two
27hundred and three of this act.

28(e) The acceptance of bids by advertising required herein
29shall be made by public announcement at the meeting at which
30bids are received by council or at a subsequent meeting, the

1time and place of which shall be publicly announced when bids
2are so received. If, for any reason, the award is not made at
3either of the above meetings, the same business may be
4transacted at a subsequent meeting, the time and place of which
5shall be announced at the previous meeting held for such award.
6At such third meeting, the council shall either award the
7contract or shall reject all bids.

8(f) Council may require that any bids so advertised be
9accompanied by cash, by a certified or cashier's good faith
10check or other irrevocable letter of credit in a reasonable
11amount, or by a bond with corporate surety in a reasonable
12amount. Whenever it is required that a bid be accompanied by
13cash, certified check, cashier's good faith check or other
14irrevocable letter of credit, no bid shall be considered unless
15so accompanied. In the event any bidder shall, upon award of the
16contract to him, fail to comply with the requirements
17hereinafter stated as to a bond guaranteeing the performance of
18the contract the good faith deposit by cash, certified check, or
19bond, shall be forfeited to the city as liquidated damages.

20(g) Where advertising is required herein, the successful
21bidder shall be required to furnish a bond or irrevocable letter
22of credit in an amount sufficient to council with suitable
23reasonable requirements guaranteeing the performance of the
24contract within twenty days after the contract has been awarded,
25unless council prescribes a shorter period of not less than ten
26days, and failure to furnish such security within such time
27shall void the award. The provisions of this subsection
28requiring successful bidders to furnish security shall not be
29mandatory as to contracts for the purchase of motor vehicles or
30other pieces of equipment but only as to those contracts which

1involve furnishing of labor and materials. Council may in all
2cases of contracts or purchases require security for
3performance, delivery, or other terms.

4(h) Where the roadway of a street is to be paved originally
5and for the first time, or reconstructed by putting down a new
6base, or a sewer is to be constructed, or grading done, such
7work shall be done under written contract, after advertising as
8provided in section one hundred and nine of this act, and such
9contract shall be given to the lowest responsible bidder.

10(i) The council may, by ordinance, provide for and regulate
11the purchase of supplies and materials and the sale of personal
12property.

13(j) The council may also, by ordinance, provide a contingent
14fund or funds for necessary repairs and incidental expenses, not
15otherwise provided in the general appropriations, and such funds
16may be expended without advertising for bids.

17(k) Every contract for the construction, reconstruction,
18alteration, repair, improvement or maintenance of public works
19shall comply with the provisions of the act of March 3, 1978,
20(P.L.6, No.3), known as the "Steel Products Procurement Act."

21(l) No person, consultant, firm or corporation contracting
22with a city for purposes of rendering personal or professional
23services to the city shall share with any city officer or
24employe, and no city officer or employe shall accept, any
25portion of the compensation or fees paid by the city for the
26contracted services provided to the city except under the
27following terms or conditions:

28(1) Full disclosure of all relevant information regarding
29the sharing of the compensation or fees shall be made to the
30council of the city.

1(2) The council of the city must approve the sharing of any
2fee or compensation for personal or professional services prior
3to the performance of said services.

4(3) No fee or compensation for personal or professional
5services may be shared except for work actually performed.

6(4) No shared fee or compensation for personal or
7professional services may be paid at a rate in excess of that
8commensurate for similar personal or professional services.] 
9Power to Make and Regulate Awarding of Contracts.--(a) Each 
10city may make contracts for carrying into execution the 
11provisions of this act and the laws of this Commonwealth. In 
12addition to and consistent with the requirements of this 
13article, council shall, by ordinance, provide for and regulate 
14the procedures for the award of all contracts, including the 
15purchase of supplies and materials.

16(b) Contracts for the sale of real and personal property
17shall be conducted in conformance with section 2402.1.

18Section 134. The act is amended by adding sections to read:

19Section 1901.1. Contracts or Purchases in Excess of Base
20Amount of Eighteen Thousand Five Hundred Dollars.--(a) Except
21as provided in section 1901.4(b), all contracts or purchases in
22excess of the base amount of eighteen thousand five hundred
23dollars, subject to adjustment under section 1903.1, shall be
24subject to advertising and competitive bidding as provided in
25this article.

26(b) All services and personal properties required by any
27city, or any department thereof, where the amount exceeds the
28base amount of eighteen thousand five hundred dollars, subject
29to adjustment under section 1903.1, shall be furnished and
30performed under written contract, and the contract shall be

1awarded and given to the lowest responsible bidder after
2advertising two times, each publication on a different day, in
3not more than two newspapers of general circulation, in
4accordance with the provisions of section 109, and the bids
5shall not be opened until at least ten days have elapsed after
6the advertisement. A copy of the advertisement for contracts or
7purchases shall be posted in the city office designated by
8council.

9Section 1901.2. Contracts or Purchases Not in Excess of Base
10Amount of Eighteen Thousand Five Hundred Dollars.--With regard
11to all contracts or purchases not in excess of the base amount
12of eighteen thousand five hundred dollars, subject to adjustment
13under section 1903.1, the following shall apply:

14(1) The purchases or contracts shall be evidenced by note or
15memorandum in writing, signed by the officer or employe making
16the purchase or contract.

17(2) Council, or the officer designated by council, shall
18approve all purchases or contracts, except council need not
19approve those purchases or contracts within the category of
20small or routine purchases or incidental expenses, as defined by
21ordinance.

22Section 1901.3. Determining Amount of Contract.--The amount 
23of the contract shall in all cases, whether of straight sale 
24price, conditional sale, bailment lease or otherwise, be the 
25entire amount which the city pays to the successful bidder or 
26the successful bidder's assigns in order to obtain the services 
27or property, or both, and shall not be construed to mean only 
28the amount which is paid to acquire title or to receive any 
29other particular benefit or benefits of the whole bargain.

30Section 1901.4. Contracts or Purchases Not Requiring

1Advertising or Bidding.--(a) City contracts or purchases, if
2not in excess of the base amount of eighteen thousand five
3hundred dollars, subject to adjustment under section 1903.1,
4shall not require advertising or bidding.

5(b) City contracts or purchases involving an expenditure of
6over the base amount of eighteen thousand five hundred dollars, 
7subject to adjustment under section 1903.1, which shall not
8require advertising or bidding are as follows:

9(1) Those for maintenance, repairs or replacements for
10water, electric light or other public works of the city,
11provided they do not constitute new additions, extensions or
12enlargements of existing facilities and equipment, but security
13may be required by council as in other cases of work done.

14(2) Those made for improvements, repairs and maintenance of
15any kind made or provided by any city through its own employes,
16except that this exception shall not apply to construction
17materials used in a street improvement.

18(3) Those where particular types, models or pieces of new
19equipment, articles, apparatus, appliances, vehicles or parts
20thereof desired by council are patented or copyrighted products.

21(4) Those involving any policies of insurance or surety
22company bonds.

23(5) Those made for public utility service and electricity,
24natural gas or telecommunication services, provided that, in the
25case of utilities not under tariff with the Pennsylvania Public
26Utility Commission, contracts made without advertising and
27bidding shall be made only after receiving written or telephonic
28price quotations from at least three qualified and responsible
29providers. In lieu of price quotations, a memorandum shall be
30kept on file showing that fewer than three qualified providers

1exist in the market area within which it is practicable to
2obtain quotations. A written record of telephonic price
3quotations shall be made and shall contain at least the date of
4the quotation, the name of the provider and the provider's
5representative, the type of service that was the subject of the
6quotation and the price. Written price quotations, written
7records of telephonic price quotations and memoranda shall be
8retained for a period of three years.

9(6) Those made with another political subdivision or a
10county, the Commonwealth of Pennsylvania, the Federal
11Government, any agency of the Commonwealth or the Federal
12Government or any municipal authority, including the sale,
13leasing or loan of any supplies or materials by the Commonwealth
14or the Federal Government, or their agencies, but the price
15thereof shall not be in excess of that fixed by the
16Commonwealth, the Federal Government or their agencies.

17(7) Those involving personal or professional services.

18(8) Those made during a state of emergency declared by the
19mayor in accordance with section 1203 or those made during a
20disaster emergency declared by the Governor or during a local
21emergency in accordance with 35 Pa.C.S. Pt. V (relating to
22emergency management services).

23Section 1901.5. Receipt, Opening, Award or Rejection of
24Bids.--(a) In any case in which advertisement and bidding are
25required, the advertisement shall specify the time by which and
26place at which bids will be received and the time and place for
27the opening of bids.

28(b) Bids received pursuant to advertisement shall be opened
29publicly by council or its designated agent. The amount of each
30bid and any other relevant information as may be specified by

1council, together with the name of each bidder, shall be
2disclosed and recorded; and the record shall be open to public
3inspection.

4(c) At a public meeting of council, not more than sixty days
5after the receipt of bids, council shall either award the
6contract or shall reject all bids.

7Section 1901.6. Bid, Performance and Payment Security.--(a)
8The following shall apply to bid security:

9(1) Council may require that bids received pursuant to
10advertisement be accompanied by bid security, in a reasonable
11amount, which shall be in the form of a certified or bank check
12or a bond provided by a surety company authorized to do business
13in this Commonwealth or another form of security as specified in
14the advertisement for bids.

15(2) In the event the successful bidder shall, upon award of
16the contract, fail to comply with the requirements of subsection
17(b) as to performance security, the bid security shall be
18forfeited to the city as liquidated damages.

19(b) The following shall apply to performance security:

20(1) In the case of a contract that had been subject to
21advertising and bidding, the successful bidder shall be required
22to furnish performance security in the form of a bond or
23irrevocable letter of credit in an amount equal to one hundred
24per centum of the contract price with suitable reasonable
25requirements guaranteeing the performance of the contract.
26Performance security shall be provided within twenty days after
27the contract has been awarded, unless council prescribes a
28shorter period of not less than ten days. Failure to furnish
29such security within the required time period shall void the
30award.

1(2) The provisions of this subsection requiring successful
2bidders to furnish security shall not be mandatory as to
3contracts for the purchase of motor vehicles or other pieces of
4equipment but only as to those contracts which involve
5furnishing of labor and materials. Council may in all cases of
6contracts or purchases require security for performance,
7delivery or other terms.

8(c) In conformity with the act of December 20, 1967
9(P.L.869, No.385), known as the "Public Works Contractors' Bond
10Law of 1967," it shall be the duty of every city to require any
11person, partnership, association or corporation entering into a
12contract with such city for the construction, erection,
13installation, completion, alteration, repair of or addition to
14any public work or improvement of any kind whatsoever, where the
15amount of the contract is in excess of ten thousand dollars,
16before commencing work under the contract, to provide payment
17security in a form acceptable to and approved by the city, which
18may include, but need not be limited to, a bond, Federal or
19Commonwealth-chartered lending institution irrevocable letters
20of credit and restrictive or escrow accounts in the lending
21institutions, equal to one hundred per centum of the contract
22amount. The payment security shall be solely for the protection
23of claimants supplying labor or materials to the prime
24contractor to whom the contract was awarded, or to any of the
25prime contractor's subcontractors, in the prosecution of the
26work provided for in the contract. The payment security shall be
27conditioned for the prompt payment of all material furnished or
28labor supplied or performed in the prosecution of the work under
29the contract.

30Section 1901.7. Compliance With Other Laws.--Every contract

1subject to this article shall comply, as applicable, with the
2provisions of the act of August 15, 1961 (P.L.987, No.442),
3known as the "Pennsylvania Prevailing Wage Act," the act of
4December 20, 1967 (P.L.869, No.385), known as the "Public Works
5Contractors' Bond Law of 1967," the act of January 23, 1974
6(P.L.9, No.4), referred to as the Public Contract Bid Withdrawal
7Law, the act of March 3, 1978 (P.L.6, No.3), known as the "Steel
8Products Procurement Act," the act of February 17, 1994 (P.L.73,
9No.7), known as the "Contractor and Subcontractor Payment Act,"
1062 Pa.C.S. Chs. 37 Subch. B (relating to motor vehicles), 39
11(relating to contracts for public works) and 45 (relating to
12antibid-rigging).

13Section 1901.8. Prohibitions.--No person, consultant, firm
14or corporation contracting with a city for purposes of rendering
15personal or professional services to the city shall share with
16any city officer or employe, and no city officer or employe
17shall accept, any portion of the compensation or fees paid by
18the city for the contracted services provided to the city.

19Section 1901.9. Lowest Responsible Bidder.--For purposes of
20this article, the lowest responsible bidder need not be the
21bidder submitting the lowest dollar amount bid. The city may
22also consider the quality of goods or services supplied, ease of
23repair, compatibility with other city equipment or services,
24responsiveness, past performance of the bidder and any other
25reasonable factors specified in the advertisement for bids.

26Section 135. Section 1902 of the act, amended November 3, 
272011 (P.L.377, No.91), is amended to read:

28Section 1902. Evasion of Advertising Requirements.--No
29[member or members of council] elected or appointed official or 
30officials of any city shall evade the provisions of [the

1preceding section as to] this article requiring advertising for
2bids by purchasing or contracting for services and personal
3properties piecemeal for the purpose of obtaining prices under
4the base amount of eighteen thousand five hundred dollars, 
5subject to adjustment under section [one thousand nine hundred 
6and three point one of this act] 1903.1, upon transactions which
7should, in the exercise of reasonable discretion and prudence,
8be conducted as one transaction amounting to more than the base 
9amount of eighteen thousand five hundred dollars, subject to 
10adjustment under section [one thousand nine hundred and three 
11point one of this act] 1903.1. This provision is intended to
12make unlawful the practice of evading advertising requirements
13by making a series of purchases or contracts, each for less than
14the advertising requirement price, or by making several
15simultaneous purchases or contracts, each below said price,
16when, in either case, the transactions involved should have been
17made as one transaction for one price. Any [members of council
18who so vote] elected or appointed official who acts in violation
19of this provision [and who know], knowing that the transaction
20upon which [they so vote] the elected or appointed official acts
21is or ought to be a part of a larger transaction and that it is
22being divided in order to evade the requirements as to
23advertising for bids, shall be jointly and severally subject to
24surcharge for ten per centum of the full amount of the contract
25or purchase. Wherever it shall appear that [a member of council
26may have voted] an elected or appointed official may have acted
27in violation of this section but the purchase or contract on
28which [he so voted was not approved by council] the elected or 
29appointed official acted was not executed, this section shall be
30inapplicable.

1Section 136. Section 1903.1 of the act, added November 3,
22011 (P.L.377, No.91), is reenacted and amended to read:

3Section 1903.1. Adjustments to Base Amount Based on Consumer
4Price Index for All Urban Consumers.--

5(a) Adjustments to the base amounts specified under sections
6[1901] 1901.1, 1902 and 1909 shall be made as follows:

7(1) The Department of Labor and Industry shall determine the
8percentage change in the Consumer Price Index for All Urban
9Consumers: All Items (CPI-U) for the United States City Average
10as published by the United States Department of Labor, Bureau of
11Labor Statistics, for the twelve-month period ending September
1230, 2012, and for each successive twelve-month period
13thereafter.

14(2) If the department determines that there is no positive
15percentage change, then no adjustment to the base amounts shall
16occur for the relevant time period provided for in this section.

17(3) (i) If the department determines that there is a
18positive percentage change in the first year that the
19determination is made under paragraph (1), the positive
20percentage change shall be multiplied by each base amount, and
21the products shall be added to the base amounts, respectively,
22and the sums shall be preliminary adjusted amounts.

23(ii) The preliminary adjusted amounts shall be rounded to
24the nearest one hundred dollars ($100) to determine the final
25adjusted base amounts for purposes of sections [1901] 1901.1 and
261902.

27(4) In each successive year in which there is a positive
28percentage change in the CPI-U for the United States City
29Average, the positive percentage change shall be multiplied by
30the most recent preliminary adjusted amounts, and the products

1shall be added to the preliminary adjusted amount of the prior
2year to calculate the preliminary adjusted amounts for the
3current year. The sums thereof shall be rounded to the nearest
4one hundred dollars ($100) to determine the new final adjusted
5base amounts for purposes of sections [1901] 1901.1 and 1902.

6(5) The determinations and adjustments required under this
7section shall be made in the period between October 1 and
8November 15 of the year following the effective date of this
9subsection and annually between October 1 and November 15 of
10each year thereafter.

11(6) The final adjusted base amounts and new final adjusted
12base amounts obtained under paragraphs (3) and (4) shall become
13effective January 1 for the calendar year following the year in
14which the determination required under paragraph (1) is made.

15(7) The department shall publish notice in the Pennsylvania
16Bulletin prior to January 1 of each calendar year of the annual
17percentage change determined under paragraph (1) and the
18unadjusted or final adjusted base amounts determined under
19paragraphs (3) and (4) at which competitive bidding is required
20under section [1901] 1901.1 and advertising is required under
21section 1902 or separate bids are required under section 1909
22for the calendar year beginning the first day of January after
23publication of the notice. The notice shall include a written
24and illustrative explanation of the calculations performed by
25the department in establishing the unadjusted or final adjusted
26base amounts under this section for the ensuing calendar year.

27(8) The annual increase in the preliminary adjusted base
28amounts obtained under paragraphs (3) and (4) shall not exceed
29three percent.

30Sections 137. Sections 1904 and 1905 of the act are

1repealed:

2[Section 1904. Reference of Expenditures for Approval by
3Council.--Any expenditures or transactions, exclusive of
4compensation paid to city employes, in any department, office or
5bureau of the city, which may reasonably seem likely to exceed
6the sum of five hundred dollars over a period of sixty days,
7shall not be undertaken or proceeded upon except after reference
8thereof to council and approval by council by ordinance or
9resolution. Council may approve, revise, or refuse to approve
10any such referred expenditure or transaction. No official, agent
11or employe of the city shall knowingly violate the provisions of
12this section, and any person so violating shall forfeit and pay
13to the use of the city a penalty of one hundred dollars for each
14offense.

15Section 1905. Personal Interest in Contracts.--In any case
16where a city officer or official elected or appointed knows or
17by the exercise of reasonable diligence could know that he is
18interested to any appreciable degree, either directly or
19indirectly, in any contract for the sale or furnishing of any
20personal property for the use of the city, or for any services
21to be rendered for such city, involving the expenditure by the
22city of more than three hundred dollars in any year, he shall
23notify council thereof; and any such contract shall not be
24passed and approved by council except by an affirmative vote of
25at least four members thereof. In case the interested officer is
26a member of council, he shall refrain from voting upon said
27contract. The provisions of this section shall not apply to
28cases where such officer or official is an employe of the
29person, firm or corporation to which money is to be paid in a
30capacity with no possible influence on the transaction and in

1which he cannot possibly be benefited thereby, either
2financially or in any other material manner. Any officer or
3official who shall knowingly violate the provisions of this
4section shall be liable to the city upon his bond, if any, or
5personally, to the extent of the damage shown to be sustained
6thereby by the city, to ouster from office, and shall be guilty
7of a misdemeanor; and upon conviction thereof, shall be
8sentenced to pay a fine not exceeding five hundred dollars, or
9imprisonment not exceeding one year, or both.]

10Section 138. Section 1906 of the act, amended August 21,
111953 (P.L.1292, No.364), is amended to read:

12Section 1906. Designation of Appropriations; Certification
13in Excess of Appropriation; Contracts for Governmental Services
14for More than One Year.--[Every contract involving an
15appropriation of money shall designate the item of appropriation
16on which it is founded, and the estimated amount of the
17expenditure thereunder shall be charged against such item, and
18so certified by the director of accounts and finance on the
19contract before it shall take effect as a contract. The payments
20required by such contract shall be made from the fund
21appropriated therefor. In any case where the lowest responsible
22bid is in excess of the item of appropriation on which the
23contract is to be founded, the item of appropriation may be
24increased by council in the amount necessary to cover the bid,
25and the contract may be awarded and certified without any
26additional advertising. If the director of accounts and finance
27shall certify any contract in excess of the appropriation made
28therefor, the city shall not be liable for such excess, but the
29director of accounts and finance shall be liable for the same,
30which may be recovered in an action at law by the contracting

1party aggrieved. But nothing] With regard to any contract, 
2council may direct the city administrator, chief fiscal officer, 
3or other designated official or employe to furnish information 
4concerning the availability of appropriated funds to satisfy 
5required payments under the contract. Nothing herein contained
6shall prevent the making of contracts for governmental services
7for a period exceeding one year, but any contract so made shall
8be executory only for the amounts agreed to be paid for such
9services to be rendered in succeeding fiscal years.

10[It shall be the duty of the director of accounts and finance 
11to certify contracts for the payment of which sufficient 
12appropriations have been made.]

13Section 139. Section 1907 of the act, amended April 3, 1992
14(P.L.53, No.17), is repealed:

15[Section 1907. Security for the Protection of Labor and
16Materialmen.--It shall be the duty of every city to require any
17person, copartnership, association, or corporation, entering
18into a contract with such city for the construction, erection,
19installation, completion, alteration, repair of, or addition to,
20any public work or improvement of any kind whatsoever, where the
21amount of such contract is in excess of one thousand five
22hundred dollars, before commencing work under such contract, to
23execute and deliver to such city, in addition to any other
24security which may now or hereafter be required by law to be
25given in connection with such contract, an additional bond or
26irrevocable letter of credit for the use of any and every
27person, copartnership, association, or corporation interested,
28in a sum not less than fifty per centum and not more than one
29hundred per centum of the contract price, as such city may
30prescribe, conditioned for the prompt payment of all material

1furnished and labor supplied or performed in the prosecution of
2the work, whether or not the said material or labor enter into
3and become component parts of the work or improvement
4contemplated. Such additional security shall be deposited with
5and held by the city for the use of any party interested
6therein. Every such additional security shall provide that every
7person, copartnership, association, or corporation who, whether
8as subcontractor or otherwise, has furnished material or
9supplied or performed labor in the prosecution of the work as
10above provided, and who has not been paid therefor, may sue in
11assumpsit on said additional security, in the name of the city,
12for his, their, or its use and prosecute the same to final
13judgment for such sum or sums as may be justly due him, them, or
14it, and have execution thereof: Provided, however, That the city
15shall not be liable for the payment of any costs or expense of
16any suit. The surety or sureties on a bond under this section
17must be authorized to do business in this Commonwealth.]

18Section 140. Section 1908 of the act is repealed:

19[Section 1908. Purchasing Department.--Each city may, by
20ordinance, provide for the establishment of a purchasing
21department, which shall have supervision over the purchase and
22distribution of all supplies purchased. The said department
23shall be attached to the department of accounts and finance or
24such other department as council may determine, and shall be
25operated in accordance with rules and regulations to be adopted
26by council, the rules to include the manner in which quotations
27shall be secured on the supplies purchased. The said department
28shall assist council at all times in eliminating waste and
29extravagance in the purchase and distribution of the supplies of
30the city.]

1Section 141. Section 1908.1 of the act, added December 10,
21974 (P.L.815, No.270), is amended to read:

3Section 1908.1. Purchase Contracts for Petroleum Products;
4Fire Company, Etc., Participation.--The council of each city
5shall have power to permit, subject to [such] any terms and
6conditions as [it] the city may impose, [and as hereinafter
7specifically provided, shall, prescribe] any fire company,
8rescue company and ambulance company in the city to participate
9in purchase contracts for petroleum products entered into by the
10city. [Any such company desiring to participate in such purchase
11contracts shall file] Fire company, rescue company and ambulance 
12company participation in purchase contracts for petroleum 
13products shall be subject to the condition that all prices shall 
14be F.O.B. destination. If permitted by council, a fire company, 
15rescue company or ambulance company may participate in 
16designated petroleum product contracts entered into by the city, 
17subject to the fire company, rescue company or ambulance 
18company:

19(1) Having filed with the city clerk a request that it be
20authorized to participate in contracts for the purchase of
21petroleum products of the city [and agreeing].

22(2) Having agreed that it will be bound by [such] any terms
23and conditions [as] imposed by the city [may, and as hereinafter
24specifically provided, shall, prescribe and].

25(3) Having agreed that it will be responsible for payment
26directly to the vendor under each purchase contract. [Among such
27terms and conditions, the city shall prescribe that all prices
28shall be F.O.B. destination.]

29Section 142. Section 1909 of the act, amended November 3, 
302011 (P.L.377, No.91), is amended to read:

1Section 1909. Separate Bids for Plumbing, Heating,
2Ventilating and Electrical Work, Elevators and [Moving Stairs]
3Escalators.--In the preparation of specifications for the
4erection, construction, and alteration of any public building,
5when the entire cost of such work shall exceed the base amount 
6of eighteen thousand five hundred dollars, subject to adjustment 
7under section [one thousand nine hundred and three point one of 
8this act] 1903.1, the architect, engineer, or other person
9preparing such specifications[,] shall prepare only the
10following separate specifications[;]: (1) plumbing, (2) heating,
11(3) ventilating, (4) electrical work, (5) elevators and [moving
12stairs] escalators, and (6) one complete set of specifications
13for all the other work to be done in such erection, construction
14and alteration. The project manager, construction manager or 
15other person or persons authorized by council to enter into
16contracts for the erection, construction, or alteration of such
17public buildings shall receive separate bids upon each of the
18[said] branches of work, and the city council or the appropriate 
19city officer shall award the contract for the same to the lowest
20responsible bidder for each of [said] the branches, including
21the balance of the work, in addition to the plumbing, heating,
22ventilating and electrical work and elevators and [moving
23stairs] escalators. Where it is desired to install an air
24conditioning unit, the heating and ventilating so involved may
25be regarded as one branch of work having only one set of
26specifications, and bids may be received and a contract awarded
27thereon as hereinbefore provided.

28Section 143. Sections 1910, 1911 and 1912 of the act are 
29amended to read:

30Section 1910. Acceptance by Contractor of [Workmen's]

1Workers' Compensation Act.--[All contracts executed by any city,
2or any officer or bureau or board thereof, which involve the
3construction or doing of any work involving the employment of
4labor, shall contain a provision that the contractor shall
5accept, in so far as the work covered by any such contract is
6concerned, the provisions of the Workmen's Compensation Act and
7any reenactments, supplements or amendments thereto, and that
8the said contractor will insure his liability thereunder, or
9file with the city with whom the contract is made a certificate
10of exemption from insurance from the Department of Labor and
11Industry of this Commonwealth.

12Every officer of any city, or bureau or department thereof,
13who shall sign, on behalf of the said city, any contract
14requiring in its performance the employment of labor, shall
15require, before the said contract shall be signed, proof that
16the said contractor with whom the contract is made shall have
17accepted the Workmen's Compensation Act and any reenactments,
18supplements or amendments thereto, and proof that the said
19contractor has insured his liability thereunder in accordance
20with the terms of the said act, or that the said contractor has
21had issued to him a certificate of exemption from insurance from
22the Department of Labor and Industry of this Commonwealth.

23Any contract executed in violation of the provisions of this
24section shall be null and void.]

25(a) All contracts executed by any city which involve the
26construction or performance of any work involving the employment
27of labor shall contain a provision that the contractor shall
28accept, and file with the city proof of compliance with or
29exemption from, insofar as the work covered by the contract is
30concerned, the act of June 2, 1915 (P.L.736, No.338), known as

1the "Workers' Compensation Act."

2(b) A certificate of exemption from issuance may be issued
3on the basis of either individual self-insurance or group self-
4insurance.

5(c) A contractor shall file with the city any proof that the
6Department of Labor and Industry, with respect to certain
7employes, has accepted the application to be excepted from the
8provisions of the "Workers' Compensation Act" on religious
9grounds.

10(d) Any contract executed in violation of this section is
11void.

12Section 1911. Contracts for Improvements; Assignment of 
13Assessments.--Where the whole or any part of the cost of an 
14improvement is to be paid by assessments upon the property 
15abutting or benefited, the city may enter into an agreement with 
16the contractor [that he], pursuant to which the contractor shall 
17take an assignment of [such] the assessments in payment of the 
18amount due [him] under the terms of [his] the contract, and, in 
19such case, the city shall not be otherwise liable under such 
20contract[, whether said assessments are collectible or not].

21Section 1912. Architects and Engineers in Employ of City; 
22Prohibitions from Bidding on Public Works; Penalty.--(a) It 
23shall be unlawful for any architect or engineer[,] in the employ 
24of any city[,] to bid on any public work of the city.

25(b) It shall be unlawful for the officers of any city,
26charged with the duty of letting any public work, to award a
27contract to any [such] architect or engineer[,] in the employ of
28the city.

29(c) Any person or persons violating these provisions, or any
30of them, [shall be guilty of] commits a misdemeanor[,] and[, on]

1shall, upon conviction [thereof, shall forfeit his], be subject 
2to forfeiting office, in accordance with section 901, and [be]
3sentenced to pay a fine not exceeding five hundred dollars, or
4to undergo imprisonment for not less than six months, or both,
5in the discretion of the court. Any contract made in violation
6of the provisions of this section shall be null and void.

7(d) The provisions of this section shall be in addition to
8any prohibition in 65 Pa.C.S. Ch. 11 (relating to ethics
9standards and financial disclosure).

10Section 144. Sections 1913, 1914 and 1915 of the act are
11repealed:

12[Section 1913. Contracts With Transportation Companies.--
13Subject to the provisions of the Public Utility Law, any city, 
14of the one part, and any person operating a public 
15transportation service within the limits of such city, of the 
16other part, may enter into contracts with each other affecting, 
17fixing, and regulating the franchises, powers, duties, and 
18liabilities of such companies, and the regulations and 
19respective rights of the contracting parties. Such contracts 
20may, inter alia, provide for payments by the companies to the 
21city in lieu of the performance of certain duties or the payment 
22of license fees or charges imposed in favor of such city, by the 
23charters of the respective companies, or by any general law or 
24ordinance, for the appointment by the city of a certain number 
25of persons to act as directors of such company, in conjunction 
26with the directors elected by the stockholders of such company, 
27and, further, may provide for the ultimate acquisition by the 
28city, upon terms mutually satisfactory, of the leaseholds, 
29property, and franchises of the contracting companies.

30Section 1914. Contracts for Relocation of Railroads.--

1Subject to the provisions of the Public Utility Law, any city
2may enter into contracts with any of the railroad companies,
3whose roads enter its limits, whereby the said railroad
4companies may relocate, change or elevate their railroads within
5said limits, in such manner as, in the judgment of the proper
6authorities of such city, may be best adapted to secure the
7safety of lives and property, and promote the interest of said
8city; and, for that purpose, may do all such acts as may be
9necessary and proper to effectually carry out such contracts.
10Any such contracts, made by any railroad company or companies as
11aforesaid with any city, are hereby fully ratified and
12confirmed. Nothing herein contained shall affect any contract
13made, or hereafter to be made, with any railroad company, from
14apportioning the expenses of altering and adjusting the grades
15of existing railroads and intersecting streets in any city so as
16to dispense with grade crossings.

17Section 1915. Contracts with Street Railways for Exclusive 
18Right to Lay Tracks.--In case any city shall deem it necessary 
19for the public benefit and convenience to secure the removal of 
20any street railway tracks already laid, or prevent the laying of 
21such tracks already authorized to be laid, or to change the 
22route of any street railway on any street or streets, or portion 
23of a street or streets, within its corporate limits, and such 
24purpose or purposes can be accomplished by agreement with the 
25street railway company or motor power company owning, leasing or 
26operating such tracks, the said parties may, subject to the 
27provisions of the Public Utility Law, enter into a contract, for 
28a period not exceeding fifty years, for such considerations and 
29upon such terms and conditions, and containing such 
30stipulations, reservations and covenants as may be agreed upon
 

1between the respective parties thereto; and such contract may 
2include a covenant providing that, during the continuance 
3thereof, municipal consent shall not be granted to any other 
4company to use or occupy the street, streets, or portions of a 
5street or streets, covered by such contract, for street railway 
6or passenger transportation purposes; which covenants shall be 
7enforceable by bill in equity against such city, in case of 
8attempted breach thereof; and such contract may also provide for 
9the laying or relaying of such tracks upon such terms and under 
10such contingencies and conditions as may be agreed upon. When 
11such contract shall have been made, it shall form a part of the 
12charter of the company, with like force and effect as to all its 
13terms, conditions, stipulations, restrictions, covenants, and 
14provisions as to change of routes as if the same formed a part 
15of the original charter of such company; and no removal of 
16tracks already laid, or postponement of or delay in the time of 
17beginning or completing the work of laying tracks already 
18authorized to be laid, and no change of route therein provided 
19for, shall operate or be construed to deprive or divest any such 
20company, entering into such contract, of any of the rights, 
21franchises, or privileges possessed by it at the time of 
22entering into such contract, so as to operate in favor of any 
23company subsequently formed and seeking to occupy, for street 
24railway purposes, the street, streets, or portions of a street 
25or streets, covered by such contract. Nothing in this section 
26contained, nor any contract made in pursuance thereof, shall be 
27construed to limit or affect in any way, or impose any 
28additional liability for the exercise of, the right of a 
29railroad company to lay its tracks, over, upon, under, and 
30across such street or streets, or portions thereof.]

1Section 145. The act is amended by adding a section to read:

2Section 1916. Contracts with Passenger or Transportation
3Companies.--Except as may be prohibited by 66 Pa.C.S. Pt. I
4(relating to public utility code) or Federal or other state
5regulation of transportation or commerce, a city may, as it
6deems necessary for the public benefit and convenience, contract
7with a person or persons owning a public transportation service,
8railroad company, street railway, motor power company, or
9passenger or transportation company.

10Section 146. Section 1917 of the act, amended June 28, 2011
11(P.L.75, No.15), is repealed:

12[Section 1917. Sales of Personal Property.--No city personal
13property shall be disposed of by sale or otherwise except upon
14approval of council by ordinance or resolution. In cases where
15council shall approve a sale of city personal property, it shall
16estimate the sale value of the entire lot to be disposed of. If
17council shall estimate such sale value to be less than one
18thousand dollars, it shall require a notice of the proposed sale
19to be posted for at least ten days on the bulletin board in the
20city hall, describing and itemizing the property to be sold and
21directing that bids may be made thereon at the office of the
22city clerk. Thereafter, council may sell such property, in whole
23or in part, for the best price or prices obtainable. If council
24shall estimate the sale value to be one thousand dollars or
25more, the entire lot shall be advertised for sale once in at
26least one newspaper, in accordance with the provisions of
27section one hundred nine of this act, and sale of the property
28so advertised shall be made to the best responsible bidder; and
29the bids shall not be opened until at least ten days after the
30said advertisement. Council may sell any such property at

1auction, but the provisions as to notice contained in this
2section shall be likewise observed as to the holding of such
3auction sales. An auction may be conducted by means of an online
4or electronic auction sale. During an electronic auction sale,
5bids shall be accepted electronically at the time and in the
6manner designated in the advertisement. During the electronic
7auction, each bidder shall have the capability to view the
8bidder's bid rank or the high bid price. Bidders may increase
9their bid prices during the electronic auction. The record of
10the electronic auction shall be accessible for public
11inspection. The purchase price shall be paid by the high bidder
12immediately or at a reasonable time after the conclusion of the
13electronic auction as determined by council. In the event that
14shipping costs are incurred, they shall be paid by the high
15bidder. A city that has complied with the advertising
16requirements of this section may provide additional public
17notice of the sale by bids or auction in any manner deemed
18appropriate by council. The advertisement for electronic auction
19sales authorized in this section shall include the Internet
20address or means of accessing the electronic auction and the
21date, time and duration of the electronic auction. The
22provisions of this section shall not be mandatory where city
23personal property is to be traded-in or exchanged for new city
24personal property.]

25Section 147. Section 1918 of the act, amended October 17,
261974 (P.L.775, No.254), is repealed:

27[Section 1918. Street Construction and Improvement by City 
28Employes.--Whenever a city uses the work or services of its 
29employes in the construction or improvement, of any public 
30street within the territorial limits, it shall be subject to the
 

1limitations and duties imposed by this article in the purchase 
2of any materials for such construction or improvement. The 
3provisions of this section shall not be construed to affect or 
4limit the provisions of Article XXIX of this act.]

5Section 148. Section 1919 of the act, amended July 1, 1994 
6(P.L.373, No.55), is repealed:

7[Section 1919. Sales of Real and Personal Property to 
8Certain Entities.--Any provision of this act requiring 
9advertising for bids and sale to the highest bidder shall not 
10apply where city real or personal property is to be sold to a 
11county, city, borough, town, township, home rule municipality, 
12institution district, school district, volunteer fire company, 
13volunteer ambulance service or volunteer rescue squad located 
14within the city, or municipal authority pursuant to the act of 
15May 2, 1945 (P.L.382, No.164), known as the "Municipality 
16Authorities Act of 1945," a housing authority pursuant to the 
17act of May 28, 1937 (P.L.955, No.265), known as the "Housing 
18Authorities Law," an urban redevelopment authority pursuant to 
19the act of May 24, 1945 (P.L.991, No.385), known as the "Urban 
20Redevelopment Law," a parking authority pursuant to the act of 
21June 5, 1947 (P.L.458, No.208), known as the "Parking Authority 
22Law," a port authority pursuant to the act of December 6, 1972 
23(P.L.1392, No.298), known as the "Third Class City Port 
24Authority Act," or a corporation not for profit engaged in 
25community industrial development. Any provision of this act 
26requiring advertising for bids and sale to the highest bidder 
27shall not apply where real property is to be sold to a 
28corporation not for profit organized as a public library for its 
29exclusive use as a library, to a medical service corporation not 
30for profit, to a housing corporation not for profit, to the
 

1Commonwealth or to the Federal Government. When real property is 
2to be sold to a corporation not for profit organized as a public 
3library for its exclusive use as a library or to a medical 
4service corporation not for profit or to a housing corporation 
5not for profit, council may elect to accept a nominal 
6consideration for the sale as it shall deem appropriate. Real 
7property sold pursuant to this section shall be subject to the 
8condition that when the property is not used for the purposes of 
9the conveyance, the property shall revert to the city.]

10Section 149. Article XX heading of the act is amended to
11read:

12ARTICLE XX

13POLICE [BUREAU] FORCE

14Section 150. Sections 2001 and 2002 of the act, amended
15December 27, 1967 (P.L.893, No.403), are amended to read:

16Section 2001. Appointment, Number, Rank, Compensation and
17Qualifications of [Policemen] Police Officers.--(a) The council
18shall fix, by ordinance, the number, grades and compensation of
19the members of the city police force, who shall, except as 
20provided in section 2002, be appointed in accordance with the
21civil service provisions of this act[, and no].

22(b) No member of the city police force having been promoted
23in conformity with the civil service provisions of this act
24shall be demoted in rank or discharged from the police force
25except upon proper cause shown as set forth under the civil
26service provisions of this act.

27(c) No [policeman shall] police officer, after [his] the 
28police officer's appointment and qualification, shall hold at
29the same time the office of constable.

30(d) Council shall [prescribe all necessary] promulgate rules

1and regulations for the organization and government of the
2police force. [The minimum annual starting salary or
3compensation to be paid the members of the police force by any
4city shall be four thousand five hundred dollars ($4,500), with
5minimum annual increments of three hundred dollars ($300) for
6the first three years of such employment. If the annual salary
7or compensation of any policeman employed by the city on the
8effective date of this amending act is less than four thousand
9five hundred dollars ($4,500), such salary or compensation shall
10be increased to four thousand five hundred dollars ($4,500), and
11such policeman shall receive minimum annual increments of three
12hundred dollars ($300) for the next three years of such
13employment.]

14Section 2002. Designation of Chief [and Other Officers].--
15The [mayor shall designate, from the force, the chief and other
16officers who shall serve as such officers until their successors
17are appointed and qualified. The chief of police shall be
18designated by the mayor and may be demoted without cause in the
19same manner, but not to any rank lower than the rank which he
20held at the time of his designation as chief of police.] chief 
21of police shall be designated by the mayor from within the ranks 
22and may be demoted without cause in the same manner, but not to 
23any rank lower than the rank which was held at the time of 
24designation as chief of police. In the event that no qualified 
25officer from within the ranks has applied for such designation, 
26the chief of police shall be designated by the mayor from 
27without the ranks. The officers, other than the chief of police, 
28shall be designated in accordance with Article XLIV.

29Section 151. Sections 2003, 2005, 2006, 2007, 2008 and 2009
30of the act are amended to read:

1Section 2003. Extra [Policemen] Police Officers;
2Compensation.--[The mayor, whenever, in his judgment] Whenever 
3in the judgment of the mayor it is necessary for the public
4safety or to preserve order, the mayor may appoint extra
5[policemen] police officers to serve for such period as the
6council may designate, not exceeding thirty days, whose
7compensation shall be fixed by council.

8Section 2005. Powers of [Policemen] Police Officers to
9Arrest.--[Policemen] Police officers shall be ex-officio
10constables of the city, and shall and may[, within the city or]
11enforce the laws of this Commonwealth or otherwise perform the 
12functions of their office in accordance with 42 Pa.C.S. §§ 8952 
13(relating to primary municipal police jurisdiction) and 8953 
14(relating to Statewide municipal police jurisdiction) and upon
15property owned or controlled by the city or by a [municipality]
16municipal authority [of] created by the city [within the
17Commonwealth], without warrant and upon view, arrest and commit
18for hearing any and all persons guilty of breach of the peace,
19vagrancy, riotous or disorderly conduct or drunkenness, or who
20may be engaged in the commission of any unlawful act tending to
21imperil the personal security or endanger the property of the
22citizens, or violating any of the ordinances of [said] the city
23for the violation of which a fine or penalty is imposed.

24Section 2006. Service of Process; Fees; Payment into
25Treasury.--[Policemen] Police officers shall have authority to
26serve and to execute [within the city or upon property owned or
27controlled by the city or by a municipality authority of the
28city within the Commonwealth all] criminal process or processes
29issued for the violation of city ordinances [which may be issued
30by the mayor or any alderman,] and shall charge the same fees

1and costs as pertain by law to the constables of the city for
2similar services, but the [said] fees and costs shall be
3[received and collected by the mayor or alderman, and by him]
4paid into the city treasury monthly as herein provided.

5Section 2007. Supervision by Mayor.--[Policemen] The chief 
6of police shall obey the orders of the mayor and make report to 
7[him] the mayor, which report shall be [laid by him before
8council monthly] presented monthly by the mayor to council. [The
9mayor shall exercise a constant supervision and control over
10their conduct.]

11Section 2008. Extra Compensation Prohibited; Exception;
12Penalty.--No [policeman] police officer shall ask, demand or
13receive any compensation or reward whatsoever for [his] the 
14police officer's services other than that provided by ordinance,
15except rewards offered for the arrest of persons accused of
16crime committed outside of the city in which [they hold office,
17and witness fees and mileage as provided by law for their
18appearance in any court of record] such officer is employed. Any
19[policeman] police officer violating any of the provisions of
20this section [shall be guilty of] commits a misdemeanor [in
21office, and, upon conviction, shall be sentenced to pay a fine
22not exceeding fifty dollars, or undergo imprisonment not
23exceeding thirty days, or both, at the discretion of the court,]
24of the third degree and shall, upon conviction, be sentenced to 
25pay a fine or undergo imprisonment, or both, at the discretion 
26of the court to be followed by dismissal from office.

27Section 2009. Compensation or Insurance for Volunteer
28[Policemen] Police Officer.--Each city may make necessary
29appropriations to provide compensation or insurance for
30volunteer [policemen] police officers injured or killed while

1engaged in the performance of such duties as may be assigned to
2them in the city.

3Section 152. Section 2010 of the act, amended April 6, 1998
4(P.L.236, No.44), is amended to read:

5Section 2010. School Crossing Guards.--(a) Upon request of
6the board of school directors of the school district in which a
7city is located, the city council may appoint school crossing
8guards who shall have the duty of controlling and directing
9traffic at or near schools [and who shall be in suitable and
10distinctive uniform. School crossing guards shall be authorized
11only in the management of traffic and pedestrians in and around
12areas identified by the city police department and the school
13district superintendent]. They shall serve at the pleasure of
14the city council, except as noted in subsection (b)[, and shall
15not come within the civil service provisions of this act and
16shall not be entitled to participate in any city pension plan or
17plans now in effect or hereafter effective]. The compensation of
18the school crossing guards, if any, shall be fixed by the city
19council and shall be jointly paid by the city council and the
20board of school directors, in a ratio to be determined by the
21city council and board of school directors. If the city council
22and board of school directors are unable to determine the ratio
23of compensation of the school crossing guards to be paid by the
24council and the board, each shall pay one-half of the
25compensation of [such police. Auxiliary policemen, appointed as
26prescribed by general law, may be designated to serve as school
27crossing guards] the school crossing guards.

28(b) A city council may [approve] enact an ordinance allowing
29a board of school directors to assume the hiring and oversight
30of the school crossing guards. Before city council may [approve]

1enact such an ordinance, the board of directors of the school
2district shall [approve] adopt a resolution requesting the
3authority to assume the hiring and oversight of the school
4crossing guards. The ordinance enacted by council shall outline
5how the city police department will provide any necessary
6training and assistance of the school crossing guards while on
7duty. [Such school crossing guards will be authorized only in
8the management of traffic and pedestrians in and around areas
9identified by the city police department and the school district
10superintendent or his or her designee. The school crossing
11guards shall not come within the civil service provision of this
12act, nor shall they] School crossing guards shall not fall under
13the bargaining unit of the school district nor be classified as
14an employe as defined under section 1101-A of the act of March 
1510, 1949 (P.L.30, No.14), known as the "Public School Code of
161949," or under any benefits as provided under the "Public
17School Code of 1949[,]." [or under any plans hereafter
18effective. Once] After the ordinance [receives] is enacted by
19city council [approval], the school district shall assume the
20cost of compensation, including fixing such compensation, if
21any, of the school crossing guards. [Auxiliary policemen,
22appointed as prescribed by general law, may be hired by the
23school district to serve as school crossing guards.] The board
24of school directors shall notify the city council, mayor and
25police chief or commissioner of those hired to serve as school
26crossing guards and request the necessary training or assistance
27be provided as outlined by the ordinance.

28(c) Whether the city council appoints school crossing guards
29upon the request of the board of school directors or whether the
30city council enacts an ordinance allowing a board of school

1directors to assume the hiring and oversight of the school
2crossing guards, the following shall apply to school crossing
3guards:

4(1) Their duties and authority shall be restricted to the
5management of traffic and pedestrians in and around areas
6identified by the city police force and the school district
7superintendent or a designee.

8(2) They shall be in suitable and distinctive uniform while
9performing their duties as school crossing guards.

10(3) They shall not come within the civil service provisions
11of this act.

12(4) They shall not be entitled to participate in any city or
13school district pension or benefit plan or plans now in effect
14or hereafter effective.

15(5) Auxiliary police officers, appointed as prescribed by
16general law, may be designated by city council or hired by the
17school district, as applicable, to serve as school crossing
18guards.

19Section 153. Article XXI heading of the act is reenacted to
20read:

21ARTICLE XXI

22FIRE BUREAU

23Section 154. Section 2101 of the act is amended to read:

24Section 2101. Organization of Fire Bureau; Maintenance;
25Apparatus.--[Each city may organize a fire bureau, with or
26without pay, make] With regard to a city fire bureau, council 
27shall have the authority to:

28(1) by ordinance, establish and organize a fire bureau;

29(2) make appropriations for the maintenance of the same[,
30prescribe];

1(3) promulgate rules and regulations for the government of
2the officers and companies belonging thereto[,]; and

3(4) purchase equipment and apparatus for the extinguishment,
4prevention and investigation of fires and for the public safety.

5Section 155. Section 2101.1 of the act, added July 1, 1994
6(P.L.373, No.55), is amended to read:

7Section 2101.1. Appointment and Demotion of Fire Chief [and
8Deputy Fire Chief].--The mayor, by and with approval and consent 
9of council, shall appoint the fire chief [and deputy fire chief]
10who may be demoted without cause but not to any rank lower than
11the rank which [he] the fire chief held within the department at
12the time of [his] designation as fire chief [or deputy fire
13chief.]. In the event that no qualified employe of the fire 
14bureau has applied for such appointment, the fire chief shall be 
15appointed by the mayor, by and with approval and consent of 
16council, from without the ranks.

17Section 156. Section 2102 of the act, amended November 9,
181965 (P.L.670, No.328), is amended to read:

19Section 2102. Paid Bureau; Election of Officers and
20Companies.--When a paid fire bureau is organized by any city,
21the council, except as provided by section 2101.1, may provide,
22by ordinance, for the election or appointment of the officers
23and companies belonging thereto, in accordance with civil
24service provisions where applicable. The minimum annual starting
25salary or compensation to be paid the officers and [firemen]
26firefighters by any city shall be [four thousand five hundred
27dollars ($4,500), with minimum annual increments of three
28hundred dollars ($300) for the first three years of such
29employment. If the annual salary or compensation of any fireman
30employed by the city on the effective date of this amending act

1is less than four thousand five hundred dollars ($4,500), such
2salary or compensation shall be increased to four thousand five
3hundred dollars ($4,500), and such fireman shall receive minimum
4annual increments of three hundred dollars ($300) for the next
5three years of such employment] established by the city council.

6Section 157. Section 2103 of the act, amended July 19, 1957
7(P.L.1012, No.448), is amended to read:

8Section 2103. Platoon System; Hours of Service[; Vacation;
9Sick Leave].--(a) The director of the department having charge
10of the fire bureau in [each city shall] a city may divide the
11officers and members of companies of the uniformed fire force in
12the employ of [such cities] the city, and any other [firemen]
13firefighters and drivers regularly employed and paid by the
14city, excepting the chief engineer and assistant chiefs, and
15those employed subject to call, into [two] shifts, bodies or
16platoons to perform service during such hours as the director
17shall fix[, except as herein otherwise provided. The hours of
18day service shall not exceed ten, commencing at eight o'clock in
19the morning; the hours of night service shall not exceed
20fourteen, commencing at six o'clock in the afternoon; and the
21hours of day service shall not exceed fifty hours in any one
22calendar week, and the hours of night service shall not exceed
23seventy hours in any one calendar week, unless the hours of day
24and night service shall be equalized, in which case neither the
25hours of day or night service shall exceed fifty-six in any one
26calendar week: Provided, That for the duration of any war in
27which the United States is engaged, and six months thereafter,
28the hours of service may exceed the number hereinbefore provided
29as the maximum number of hours of service, and in such cases,
30council shall provide for the payment of extra compensation for

1any hours of service, at the same rate as paid for regular
2service in excess of such maximum hours of service. The employes
3of such fire forces shall be allowed to have at least twenty-
4four consecutive hours of rest in every calendar week, to have
5an annual vacation of not less than fourteen working days, and
6shall be entitled to twenty-one days sick leave annually without
7diminution of the salary or compensation fixed by ordinance. In
8those instances in which sick leave exceeds four days at any one
9time, it shall be necessary for the employe to present evidence
10satisfactory to the director of the department showing either
11injury, hospitalization, or illness attended to by a physician].
12In cases of riot, serious conflagration, times of war, public
13celebrations, or other such emergency, the [chief engineer of
14the bureau of fire, or the assistant chief deputy, or chief]
15fire chief or officer in charge at any fire shall have the power
16to assign all the members of the fire force to continuous
17duty[,] or to continue any member thereof on duty, if necessary.
18[No member of any of said shifts, bodies or platoons shall be
19required to perform continuous day service or continuous night
20service for a longer consecutive period than two weeks, nor be
21kept on duty continuously longer than ten hours in the day
22shifts, bodies or platoons or fourteen hours in the night
23shifts, bodies or platoons, excepting as may be necessary to
24equalize the hours of duty and service, and also excepting in
25cases of emergency, as above provided.]

<-26(b) No schedule shall require a member of any shift, body or
27platoon to perform continuous service for a consecutive period
28of twenty-four hours, excepting in cases of emergency or as
29otherwise agreed through collective bargaining or an award
30pursuant to the act of June 24, 1968 (P.L.237, No.111), referred

1to as the Policemen and Firemen Collective Bargaining Act.

2(c) The provisions of subsection (b) shall not be deemed to
3alter or affect any work schedules in existence prior to the
4effective date of this subsection.

<-5(b) Except as provided in subsection (c), no schedule shall
6require a member of any shift, body or platoon to perform
7continuous service for a consecutive period of twenty-four
8hours, excepting in cases of emergency or as otherwise agreed
9through collective bargaining or an award pursuant to the act of 
10June 24, 1968 (P.L.237, No.111), referred to as the Policemen 
11and Firemen Collective Bargaining Act. The provisions of this 
12subsection shall not be deemed to alter or affect any schedules 
13in existence prior to the effective date of this subsection.

14(c) In a city where the work schedule in existence prior to
15the effective date of this subsection required a work shift of
16less than twenty-four hours, no schedule shall require a member
17of any shift, body or platoon to perform continuous service for
18a consecutive period of twenty-four hours, excepting in cases of
19emergency or as otherwise voluntarily agreed through collective
20bargaining. Once so modified, no further work schedule may
21contain provisions reinstituting a restriction on duty of less
22than twenty-four hours of continuous service.

23Section 158. Sections 2104, 2105, 2106, 2107 and 2108 of the
24act are amended to read:

25Section 2104. Fire Marshal; Powers.--Every city may, by
26ordinance, provide for the creation of the office of fire
27marshal who shall be appointed by the mayor, by and with the
28approval and consent of council, biennially. The fire marshal
29and [his] any authorized assistants[, if council shall provide
30for such assistants,] shall inspect all constructions or

1buildings within the city or upon property owned or controlled
2by the city or a [municipality] municipal authority of the city
3within the Commonwealth[, whether public, private, or business,]
4and shall enforce all laws of the Commonwealth and ordinances of
5the city relating to such constructions or buildings, for the
6prevention, containment, or investigation of fire and
7firehazards, both as to the constructions or buildings and as to
8the contents or occupancies thereof. The fire marshal or [his] 
9the fire marshal's assistants shall report to the director of
10public safety or to council or other designated official, as
11council shall by ordinance provide, any faulty or dangerous
12construction or building or like condition in any building[,]
13that may constitute a fire hazard[,] or any proposed use or
14occupation of any construction, building or premises[,] which
15would create or increase a hazard of fire. [He] The fire marshal
16shall investigate and keep a permanent record of the cause,
17origin and circumstances of every fire and the damage resulting
18therefrom occurring within [his] the fire marshal's jurisdiction
19immediately after the occurrence of [such] the fire. The [said]
20records of the fire marshal shall be open to public
21inspection[.] except as exempted in accordance with the act of 
22February 14, 2008 (P.L.6, No.3), known as the "Right-to-Know 
23Law." The fire marshal shall submit to council an annual report
24consolidating the information contained in [said records at the
25first stated meeting in March of each year] the records as 
26directed by council. [He shall request the mayor or any alderman
27of the city to investigate, under the act, approved the
28seventeenth day of April, one thousand eight hundred sixty-nine
29(Pamphlet Laws 74), the origin of any fire he deems suspicious;
30and shall be equally subject to appointment and removal and to

1all the powers and duties under the act, approved the twenty-
2seventh day of April, one thousand nine hundred twenty-seven
3(Pamphlet Laws 450, Number 291), as amended, as is the chief of
4the fire department] If a fire is deemed suspicious, the fire 
5marshal shall have the authority to investigate the same.

6Section 2105. Obstructing Fire Marshal; Fine.--It shall be
7unlawful for any person to obstruct or prevent or attempt to
8obstruct or prevent the fire marshal in the discharge of [his] 
9the fire marshal's duties. Council may, by ordinance, establish
10the types or grades of such criminal conduct[,] and may
11establish fines[,] or imprisonment [in default of payment
12thereof,] or both for such violations. No fine so ordained shall
13exceed [three hundred] one thousand dollars for any single
14violation, and no imprisonment [in default of payment of such a
15fine] shall exceed ninety days.

16Section 2106. Investigation of Cause of Fire; Power of
17Mayor.--The mayor of any city may, whenever in [his] the mayor's
18judgment the occasion demands it, issue a subpoena, in the name
19of the Commonwealth of Pennsylvania, to any person or persons
20requiring [them to attend] the attendance of the person or 
21persons before [him] the mayor or the fire marshal at [such] the
22time and place as may be named in [said] the subpoena, then and
23there to testify, under oath or affirmation, which the fire
24marshal in the absence of the mayor is hereby empowered to
25administer, as to the origin of any fire occurring within the
26bounds of such city[,] and also as to any facts or circumstances
27that may be deemed important to secure the detection and
28conviction of any party or parties guilty of the offense of
29arson or attempted arson.

30Section 2107. Fire Chief Ex-officio Fire Marshal.--The fire

1chief of any city shall be ex-officio fire marshal thereof in
2any city wherein the office is not separately filled [by
3council] pursuant to ordinance, and in [such] that case all the
4powers and duties herein given to or imposed upon [such] the
5fire marshal shall be enjoyed and exercised by [such] the fire
6chief [of the fire department].

7Section 2108. Compensation Insurance for Injured Volunteer
8[Firemen] Firefighters or Special Fire Police.--Each city may
9make [such] appropriations as may be necessary to secure
10insurance or compensation for volunteer [firemen] firefighters
11killed or injured while engaged in the performance of their
12duties or as special fire police.

13Section 159. Section 2109 of the act, added June 16, 1993
14(P.L.97, No.21), is amended to read:

15Section 2109. Salary of Nonunion City Fire Officers.--[Any]
16A fire chief or head of a fire department of a city who has been
17removed from bargaining units under the act of June 24, 1968 
18(P.L.237, No.111), referred to as the Policemen and Firemen
19Collective Bargaining Act, by rulings of the Pennsylvania Labor
20Relations Board shall receive not less than the same dollar
21increase, including fringe benefits but excluding overtime and
22festive holiday pay, as received by the highest-ranking fire
23officer participating in the bargaining unit.

24Section 160. Article XXII heading of the act is amended to
25read:

26ARTICLE XXII

27[BUREAU OF MINE INSPECTION AND]

28SURVEYS AND SURFACE SUPPORT

29IN COAL MINING AREAS

30Section 161. Sections 2201 and 2202 of the act are repealed:

1[Section 2201. Ordinance Creating.--Any city within the
2limits of the anthracite or of the bituminous coal regions of
3the Commonwealth may, by ordinance, create a bureau of mine
4inspection and surface support.

5Section 2202. Bureau, How Constituted.--The bureau shall
6consist of one practical mining engineer, to be appointed by the
7mayor, with consent of the council, and such assistants, clerks,
8and employes as the council may provide. The officers and
9employes of the bureau shall receive such compensation as may be
10prescribed by council.]

11Section 162. Sections 2203, 2204, 2205, 2206 and 2207 of the
12act are amended to read:

13Section 2203. [Inspection of Mines] Survey of Mines.--
14[Members of the bureau may enter, inspect, examine] For the 
15purpose of conducting a survey as may be required by council, 
16the city engineer or other registered professional engineer 
17employed by the city, may enter and survey any mine or colliery,
18within the limits of the city, in whole or in part, at all
19reasonable times, either by day or night, but not so as to
20impede nor obstruct the workings of the mine or colliery; and
21may take with them [such] other persons [as may be] necessary
22for the purpose of making [an examination or] a survey. The
23owner, operator, or superintendent of such mine or colliery
24shall furnish the means necessary for [such] the entry,
25[inspection, examination,] survey and exit.

26Section 2204. Operators to Furnish Maps; Contents.--The
27owner, operator, or superintendent of every coal mine or
28colliery within the limits of the city, in whole or in part,
29[within three months after the passage of an ordinance by any
30city creating such bureau,] shall, at the request of council,

1make or cause to be made and furnished to [such bureau] the city 
2engineer an accurate map or plan of the workings or excavations
3of [such] each coal mine or colliery, or parts thereof, within
4the limits of [said] the city[, on a scale of one hundred feet
5to the inch. The map or plan shall exhibit the workings or
6excavations in every seam of coal on a separate sheet, and the
7tunnels and passages connecting with such workings or
8excavations. It shall show in degrees the general inclination of
9the strata, with any material deflection therein in the workings
10or excavations, and shall also show the tidal elevations of the
11bottom of every shaft, slope, tunnel, and gangway, and of any
12other point in the mine or on the surface where such elevation
13shall be deemed necessary by the bureau. The map or plan shall
14show the number of the last survey station and date of each
15survey on the gangways or the most advanced workings].

16Section 2205. Extensions to be Placed on Maps.--[Every mine 
17owner, operator, or superintendent shall place or cause to be 
18placed upon the map of the bureau, at least] Not less than once
19in every three months, a map that has been provided to a city, 
20at the request of council, pursuant to section 2204, shall be 
21updated at the direction of the mine owner, operator or 
22superintendent. The updated map shall show all the extensions
23made in any mine, wholly or partially within the limits of
24[such] the city, and not already so placed upon the map, except
25those made within thirty days immediately preceding the time of
26placing [such] the extensions upon the [said] map.

27Section 2206. Certain Surface Supports Not to be Removed.--
28It shall be unlawful for any person, [copartnership]
29partnership, association, or corporation to dig, mine, remove,
30or carry away the coal, rock, earth, or other minerals or

1materials forming the natural support of the surface beneath the
2streets and places of any city[, in the anthracite region or in
3the bituminous region,] to such an extent and in such a manner
4as to thereby remove the necessary support of the surface,
5without having first placed or constructed an artificial
6permanent support sufficient to uphold and preserve the
7stability of the surfaces of such streets and places.

8Section 2207. Penalty for Surface Support Violations.--Any
9person, corporation or association[, being the owner, lessee or
10operator of any coal mine, and] violating the provisions of this
11article concerning surface support of streets and places within
12the city [shall be guilty of] commits a misdemeanor[,] and
13shall, upon conviction [thereof shall], be sentenced for such
14offense to pay a fine not exceeding one thousand dollars, or [to
15undergo] imprisonment [in the county jail] for a period not
16exceeding ninety days, or both, and each [five day continuance
17in any] day in which such violation continues shall constitute
18an additional and separate offense [and be likewise punishable
19upon conviction thereof].

20Section 163. Section 2208 of the act is repealed:

21[Section 2208. General Penalties.--Any owner, operator or
22superintendent of any coal mine or colliery who shall violate
23any of the provisions of this article, except those requiring
24surface support of streets and places within the city, shall,
25upon summary conviction thereof before a justice of the peace or
26an alderman of the city, be fined not less than fifty dollars
27nor more than three hundred dollars, and in default of payment
28thereof, shall be imprisoned for not more then ninety days for
29each such violation. Each five day continuance in any such
30violation shall constitute an additional and separate offense

1and be likewise punishable upon summary conviction thereof. All
2fines imposed under this section shall be paid into the treasury
3of the city.]

4Section 164. Section 2209 of the act is reenacted to read:

5Section 2209. Enactment of Ordinances.--Council may enact
6such ordinances as may be necessary for the enforcement of the
7provisions of this article and provide penalties for the
8violation thereof.

9Section 165. Article XXIII and subdivision (a) headings of
10the act are reenacted to read:

11ARTICLE XXIII

12PUBLIC HEALTH

13(a) Board of Health

14Section 166. Section 2301 of the act is amended to read:

15Section 2301. Board of Health[; Incompatibility].--Each city
16shall have a board of health. Council may, by ordinance, create
17a board of health [as herein provided], or, in lieu thereof,
18council shall be the board of health. [The board of health shall
19have five members appointed by council, who shall serve without
20compensation. Except as otherwise herein provided, membership on
21the board of health shall be incompatible with every other city
22office.] If council is the board of health, members of council 
23shall receive no additional compensation for serving on the 
24board.

25Section 167. Section 2302 of the act, amended June 16, 1993
26(P.L.97, No.21), is amended to read:

27Section 2302. [Qualifications; Term; Removal.--The] Members 
28of Appointed Boards of Health.--(a) Council shall appoint five 
29members to a board of health created by ordinance. Appointed 
30members shall serve without compensation. Except, in the case of
 

1an appointed member who is a licensed or certified health care 
2professional that has a principal office in the city, members of
3the appointed board of health shall be residents of the city.
4[At least one, and whenever possible two,]

5(b) Two members of the board shall be [currently] licensed
6or certified health care professionals unless council cannot 
7identify two such professionals who are willing to serve, in 
8which case, one member shall be a licensed or certified health 
9care professional. If no licensed or certified health care 
10professional can be identified to serve on the board, council 
11may, in lieu thereof, appoint any individual who has experience 
12or is knowledgeable of public health issues.

13(c) Health care professionals pursuant to this section must 
14be licensed or certified by the State Board of Medicine, the
15State Board of Examiners of Nursing Home Administrators, the
16State Board of Podiatry, the State Board of Veterinary Medicine,
17the State Board of Occupational Therapy Education and Licensure,
18the State Board of Osteopathic Medicine, the State Board of
19Pharmacy, the State Board of Physical Therapy [or], the State
20Board of Nursing [to be engaged in a medical, medically related
21or health care profession or business and shall be a resident or
22have an office in the city. If a licensed or certified medical
23or health care professional cannot be identified to serve on the
24board, council may appoint any individual who has experience or
25is knowledgeable of public health issues], the State Board of 
26Social Workers, Marriage and Family Therapists and Professional 
27Counselors, the State Board of Chiropractic, the State Board of 
28Dentistry, the State Board of Optometry, the State Board of 
29Psychology or the State Board of Examiners in Speech-Language 
30and Hearing.

1[Upon] (d) After the creation of the board, by ordinance,
2council shall designate [for] one appointee for a term of one
3year, [for] another for a term of two years, and so on up to
4five; thereafter, one member of the board shall be appointed
5annually to serve for a term of five years from the first Monday
6of [April] January succeeding [his] the member's appointment.

7(e) Council may remove appointed members of the board for
8official misconduct or neglect of duty.

9(f) All vacancies on appointed boards shall be filled by 
10council appointing a qualified person to membership on the board
11for the unexpired term of the person whose membership had been 
12vacated.

13Section 168. Sections 2303, 2304, 2305, 2306, 2307, 2308,
142309, 2310 and 2311 of the act are amended to read:

15Section 2303. Oath of Office; Organization; Secretary.--(a)
16Each member of the board of health shall take the oath of office
17prescribed in section [nine hundred and five of this act] 905.

18(b) The board of health shall organize annually on the first
19Monday of January[. The board] and shall elect a president
20annually from among [the] its members. [and]

21(c) Council shall appoint a secretary of the board of health
22who is not a member of the board of health. [board member. The
23secretary shall take the aforesaid oath and shall give a
24fidelity bond with corporate surety to the city in such amount
25as council requires.] The secretary shall receive [such] a
26salary as approved by council [shall approve].

27Section 2304. Duties of Secretary.--The secretary of the
28board shall have the power and the secretary's duty shall be as 
29follows:

30(1) To keep the minutes of the proceedings of the board[,

1shall keep] and accurate accounts of the expenditures of the
2board.

3(2) To [, shall] draw all requisitions for the payment of
4moneys on account of the board of health from appropriations
5made by the council to the board and shall present the same to
6the president of the board for [his] the president's approval.

7(3) To [, shall] render statements of the expenditures to
8the board at each stated meeting or as frequently as the board
9may require.

10(4) To [, shall] prepare, under the directions of the board,
11the annual report to council, together with the estimate of
12appropriations needed for the ensuing year.

13(5) To [He shall] make such reports to the State Department
14of Health as are required by law or by rule or regulation of the
15[Department] department.

16(6) To [, and shall] make such other reports and perform
17such other duties as are required [of him] by law or by the
18board of health.

19Section 2305. Health Officer; Qualifications; Oath [and
20Bond.--The board shall appoint as].--(a) Council shall, by 
21ordinance, determine the manner and method of selection of a
22health officer who shall be a person with [some] experience or
23training in public health work [in accordance with rules and
24regulations of the Advisory Health Board of] and who shall be 
25or, within six months of taking the oath of office, shall become 
26certified for the office of health officer by the State
27Department of Health[, and who shall not enter upon his duties
28until he has been certified for the office of health officer by
29the State Department of Health]. The health officer shall take
30the oath required of members of the board. [, and shall give

1bond with corporate surety approved by council to the city for
2the faithful performance of his duties. The amount of the bond
3shall be fixed by council.] The health officer shall be the
4agent of the board of health but shall not serve as a member of 
5the board of health.

6(b) City council may appoint, as the principal health
7officer of the city, the manager or chief administrator employed
8and compensated by a nonprofit corporation which may be
9appointed as a board of health in accordance with subdivision
10(c). The manager or chief administrator, to be eligible for
11appointment, must be a reputable physician of at least five
12years' experience in the practice of the physician's profession
13or in public health work. The principal health officer,
14appointed pursuant to this subsection, shall have all the powers
15and authority and duties now or hereafter to be conferred or
16prescribed by law upon principal health officers.

17Section 2306. Duties of Health Officer.--(a) The duties of 
18the health officer shall include the following:

19(1) [It shall be the duty of the health officer to] To
20attend all [stated] regular and special meetings of the board of
21health [and to].

22(2) To be available for the prompt performance of [his] the 
23health officer's official duties [at all times. He shall].

24(3) To quarantine places of communicable diseases in
25accordance with law and with the rules and regulations of the
26State Department of Health or of the city board of health.

27(4) [He shall] To execute all laws and rules or regulations
28for the disinfection of quarantined places.

29(5) [He shall] To serve written notice on teachers and
30persons in charge of public, parochial, Sunday and other

1schools[,] requiring the exclusion from school of children who
2are suffering from, or who reside with persons who are suffering
3from, communicable diseases[, and shall].

4(6) To make sanitary inspections[, and shall] subject to 
5constitutional standards in a similar manner as provided in 
6section 2308.

7(7) To execute the orders of the board of health and all
8other laws, rules and regulations and orders pertaining to [his] 
9the health officer's office.

10(b) The health officer [He] shall[, in the performance of
11his duties, have the power and authority of a policeman of the
12city] to the extent the health officer's duties have the power 
13to issue citations for the violation of applicable laws or 
14ordinances.

15Section 2307. Duties of Board of Health.--[The board of
16health shall enforce the laws of the Commonwealth and the rules,
17regulations and orders of the State Department of Health.] (a)
18The board of health shall undertake to prevent or diminish the
19introduction or further spread of infectious or contagious
20diseases[,] and otherwise to protect and increase the public
21health by regulating communication with places of infection or
22contagion, by isolating carriers of infection or contagion or
23persons who have been exposed to any infectious or contagious
24disease, by abating or removing all nuisances which the board
25shall deem prejudicial to the public health, and by enforcing
26the vaccination laws; and the board shall make all such rules
27and regulations as to it appear proper for the preservation or
28improvement of the public health, consistent with this article
29and the laws of the Commonwealth.

30(b) In carrying out its duties under this act, the board of

1health shall, if authorized, enforce the laws of the
2Commonwealth that are relevant to and relate to its duties.

3(c) The board of health shall transmit to the State
4Department of Health all of its reports and publications and
5such other information regarding public health in the city as
6may be requested or required by the [Department] department.

7Section 2308. Powers of Board of Health.--The board of
8health shall have authority:

9(1) [To employe] If authorized by council, to employ agents
10and employes at rates of compensation approved by council. [at
11such rates or salaries as council shall approve.

12(2) To establish and staff emergency hospitals, with the
13consent of council, in case of the [prevalence] prevalence or
14threat of any contagious or infectious disease or other serious
15peril to public health, and to provide for and regulate the
16management of such hospitals.

17(3)] (2) To enter upon any premises whatsoever within the
18city as a body or by committee or by its agents or employes,
19which premises are suspected of infectious or contagious disease
20or of any other nuisance prejudicial to the public health, or of
21the danger of them, for the purpose of examining the premises or
22of preventing, confining or abating public nuisances. The 
23following apply:

24(i) In the event that entry upon any premises is refused by
25an owner, an agent of an owner, or tenant, the board of health
26shall obtain an administrative search warrant from any
27magisterial district judge within the judicial district wherein
28lies the premises to be inspected.

29(ii) It shall be sufficient to support the issuance of a
30warrant for the board of health to provide to the magisterial

1district judge evidence of any of the following:

2(A) Reasonable standards and an administrative plan for
3conducting inspections.

4(B) The condition of the premises or general area and the
5passage of time since the last inspection.

6(C) Facts, supported by an oath or affirmation, alleging
7that probable cause exists that a law, regulation or ordinance
8subject to enforcement by the board of health has been violated.

9[(4)] (3) To conduct investigations and to hold public
10hearings in the performance of its duties and powers, wherein
11the president and secretary of the board shall have full power
12to administer oaths and affirmations but shall receive no fee
13therefor. For such purposes, the board of health may require the
14attendance of witnesses and their books and papers in accordance 
15with section 917.

16[(5) To establish a force of sanitary police for the
17enforcement of its rules and regulations, whenever in the
18opinion of the board the public health of the city requires. To
19fix the number of such police and the duration of their service
20and to have the exclusive control and direction of them. The
21mayor shall detail police from the regular police force or make
22new appointments in order to provide a sanitary police force,
23and upon the expiration of the need for such a force the members
24thereof shall be returned to duty as regular policemen, or, if
25newly appointed, be dismissed as the mayor may direct, but no
26permanent increase of the police force shall be made thereby
27unless council so ordains.

28(6)] (4) To publish and enforce its rules and regulations as 
29approved by council.

30[(7) To] (5) If approved by council, to provide for or

1cooperate in providing for general and gratuitous vaccination,
2disinfection and other public health control programs, and
3likewise to make available medical relief in such ways as in its
4opinion will benefit the public health.

5[(8) To certify to council expenditures in excess of
6council's appropriations therefor, necessarily incurred by the
7board by reason of an epidemic, or upon approval of council, for
8any other immediate and serious peril to public health. Council
9shall thereupon appropriate sufficient money to meet such
10additional expenditures.

11(9)] (6) To [prevent, abate or remove] provide, in 
12accordance with subdivision (b), for the prevention, abatement 
13and removal of conditions found by it to be detrimental to the
14public health as public, not private, nuisances[,] or to declare
15and certify to council [such] the conditions and the premises or
16ways or places harboring [them] the condition to be public, not 
17private, nuisances.

18[(10) To prescribe regulations for the erection or operation
19of bone boiling establishments or of repositories of dead
20animals in the city, and in accordance therewith, to permit or
21refuse to permit such erections or operations within the city.
22Any person who shall erect or operate any such establishment or
23repository in the city without the permission of the board of
24health, or in violation of its regulations pertaining thereto,
25shall forfeit and pay to the city the sum of three hundred
26dollars for every such offense, and the like amount for each
27month's continuance thereof, to be collected by an action before
28an alderman of the city, and shall also be subject to indictment
29for the common law offense of creating and maintaining a
30nuisance. Nothing herein shall limit the remedies of injunction

1or abatement as to any such establishment.

2(11) To determine whether or not the keeping or slaughtering
3of stock animals or fowls in or about any dwelling or part
4thereof, or in the yard, lot or adjoining property of any such
5building within the city or parts thereof, is or may become
6detrimental to the public health. Council may prohibit any such
7keeping or slaughtering which the board certifies to it as
8detrimental, or the board may issue permits in accordance with
9regulations adopted by it for the keeping of such animals or
10fowls within the city or parts thereof. No such permit shall
11extend beyond the calendar year within which it was issued, and
12the fee for each permit shall be one dollar.]

13Section 2309. Effect of Rules and Regulations.--[The rules
14and regulations of the board of health may be approved by
15council, and when printed and advertised by council as required
16by this act in the case of ordinances, shall have the force of
17ordinances of the city; and all penalties, fines or imprisonment
18prescribed therein for violations thereof, together with the
19expenses necessarily incurred in carrying the rules and
20regulations into effect and the costs of proceedings incident
21thereto, shall be recoverable for the use of the city, as
22provided for in the case of other city ordinances.] Rules and 
23regulations adopted by the board of health shall be presented to 
24city council for its approval. City council shall have the 
25authority to approve, by ordinance, the rules and regulations 
26submitted by the board of health. Upon approval by council, the 
27rules and regulations of the board of health shall have the 
28force and effect of ordinances of the city. The ordinance 
29approving the rules and regulations may incorporate them by 
30reference. Council shall provide a place for the public to view
 

1the rules and regulations. The ordinance approving the rules and 
2regulations shall prescribe the penalties, fines or imprisonment 
3for violations thereof.

4Section 2310. Fees and Penalties.--All fees and penalties
5collected or received by the board or any officer thereof [in
6his] acting in an official capacity shall be paid [monthly] as 
7received to the city treasurer for the use of the city.

8Section 2311. Proceedings of Board to be Public.--The
9proceedings of the board shall be public and its journal of
10proceedings shall be open to [the] public inspection [of any
11taxpayer].

12Section 169. Article XXIII subdivision (b) heading of the
13act is amended to read:

14(b) [Abatement of] Public Nuisances Detrimental

15to Public Health

16Section 170. Sections 2320 and 2321 of the act are amended 
17to read:

18Section 2320. [Definition.--] Determination of Public 
19Nuisances.--(a) Any condition or usage whatsoever in or about
20the buildings, structures or land, or the streets or private
21ways and places, or elsewhere, within the city, whether public
22or private, [which] if determined by the board of health [shall
23find] to be detrimental to the public health [is hereby declared
24to be] shall constitute a public nuisance. Whenever in this
25subdivision the words "public nuisance" or "nuisance" are used
26they shall be deemed to mean a nuisance detrimental to the
27public health, unless a different meaning is specified.

28(b) The powers of investigation and entering upon premises
29vested in the board of health and its agents and employes
30pursuant to its orders shall be available for the determination

1of public nuisances.

2Section 2321. [Procedure for the] Abatement of Public
3Nuisances by Designated Department.--[Whenever the board of
4health shall determine, after such examination, investigation or
5hearing as shall suffice to inform its judgment, that a public
6nuisance exists or is about to exist, it may order the nuisance
7to be removed, abated, suspended, altered, or otherwise
8prevented or avoided. Notice of such order, bearing the official
9title of the board and the number of days for compliance
10therewith and the alternative remedy of the board in case of
11non-compliance, shall be served upon the person, if any, whom
12the board deems responsible therefor or concerned therein, and
13upon the owner or abutting owner of the land, premises or other
14places whereon such a nuisance is or is about to be, if any. In
15case no such party or parties can be discovered by the board,
16the order shall be served by posting a copy or copies thereof
17conspicuously upon the premises for a period of at least ten
18days.] (a) If, in accordance with this subdivision, the board 
19of health determines that a public nuisance exists, it shall 
20report its determination, along with any request for summary 
21abatement, to the department designated by council in section 
222702-A, relating to the report and investigation of a public 
23nuisance.

24(b) Notwithstanding any other provision of Article XXVII-A,
25the department designated to abate public nuisances shall
26proceed as follows:

27(1) The report to the designated department that the board
28of health has determined that public nuisance exists shall be
29deemed a determination by the designated department that a
30public nuisance exists as required by section 2702-A(d)(1).

1(2) Summary abatement, if requested by the board of health,
2shall be pursued if the designated department finds that the
3criteria set forth in section 2702-A(d)(2) exists.

4(3) If summary abatement is not pursued, the designated
5department shall proceed with abatement with prior notice in
6accordance with Article XXVII-A.

7Section 171. Sections 2322, 2323 and 2324 of the act are
8repealed:

9[Section 2322. Contents of Notice.--The notice of the
10board's order shall clearly specify:

111. The place and manner of the nuisance or anticipated
12nuisance as determined by the board;

132. The nature or condition thereof;

143. The board's order with respect to the nuisance or
15anticipated nuisance;

164. The names of the persons found by the board to be
17responsible therefor or concerned therewith and the name of the
18owner, if any, of the land or premises involved;

195. The date of the board's order and the number of days
20therefrom allowed for compliance with it;

216. The alternative remedy of the board in case of non-
22compliance;

237. Notice that the persons affected thereby may apply,
24within the time set for compliance with the order, to the board
25for a hearing, and may request such stay of execution or
26modification or rescission of the said order as they shall
27believe just and proper;

288. The signature of the president of the board, attested by
29the secretary.

30Section 2323. Hearing; Disposition.--If any person affected

1thereby shall apply for a hearing within the time provided, the
2board shall promptly notify all interested parties of the time
3and place of the hearing. The board shall enter upon its minutes
4such facts and proofs as it may receive, and its proceedings on
5such hearing and thereafter may rescind, modify or reaffirm its
6order and require execution of the original or of a new or
7modified order, as it shall determine and direct. The persons
8affected shall be notified of the board's final order, and
9within ten days from the mailing of such notice may appeal
10therefrom to the court of quarter sessions, which appeal may
11operate as a supersedeas if the court, upon proper cause shown,
12so orders, and provided the appellants post bond, approved by
13the court, for the use of the city, with sufficient surety to
14cover all the expense and costs of executing the board's order.

15Section 2324. Abatement of Public Nuisances by Board of
16Health or City.--In any case where the persons ordered by the
17board of health to abate or prevent a public nuisance or
18anticipated public nuisance refuse or neglect to do so within
19the time specified in the original or any subsequent order of
20the board, then, unless the said order shall have been suspended
21by appeal to the court and proper bond posted, the board may
22direct its health officer and employes to execute the said
23order; or if the execution of the said order requires the
24grading, paving or repaving of private alleys or any similar
25work upon any property whatsoever within the city or any other
26work or service that may best be performed or contracted for by
27the agencies and employes of the city itself, then the board
28shall certify its order to the city council and council shall
29thereupon proceed to cause the execution of the order. In any
30case where the board of health or the council thus abates or

1prevents or causes the abatement or prevention of a public
2nuisance, the cost and expense of such work, services and
3materials shall be charged to the persons affected in their
4proper proportions; and upon non-payment of such charges, the
5city may file a lien therefor upon the affected premises in the
6name of and for the use of the city, as provided by law for
7municipal claims, in addition to the other remedies available
8for the collection of debts due the city. The lien shall attach
9as of the time the work was commenced, which shall be fixed by
10the certificate of the health officer or of the city engineer
11filed with the city clerk.]

12Section 172. Article XXIII subdivision (c) heading of the
13act is reenacted to read:

14(c) Corporations Acting as Boards of Health

15Section 173. Section 2330 of the act is amended to read:

16Section 2330. Board of Directors of Corporation to be
17Appointed Members of Board of Health.--[Whenever any corporation
18not for profit has been or shall hereafter be chartered, whose
19principal corporate purpose is or shall be substantially to
20preserve and promote the health of the public of any city, and
21the control and elimination of disease, and such corporation, in
22the opinion of the council of such city and the State Department
23of Health, shall have at its disposal sufficient means to render
24its assistance of value to the city in the administration of its
25public health affairs, and is properly organized and managed,
26said council may, by ordinance, appoint the members of the board
27of directors for such corporation as the board of health of such
28city for a term of five years. The said board of directors shall
29not be more than nine or less than five in number, and at least
30two of the members shall be reputable physicians with not less

1than five years' experience in the practice of their profession.
2When, by limitation in the charter or by-laws of such
3corporation, the office of any member of the board of directors
4shall terminate, such person's membership in the board of health
5shall also terminate and a vacancy in such membership exist, to
6be filled as hereinafter provided. Whenever the number of
7directors of such corporation shall be increased, subject,
8however, to the aforesaid maximum limitation of nine, the
9council of said city may appoint any person added to the
10corporation's board of directors as an additional member of the
11board of health for a term equal in the unexpired term of the
12other members, subject, also, to termination resulting from
13limitations in the corporation's charter or by-laws as
14aforesaid.] (a) City council may, by ordinance, appoint the 
15members of a board of directors of a nonprofit corporation as 
16the board of health for the city for a term of five years 
17provided that the nonprofit corporation:

18(1) Has as its principal purpose to substantially preserve
19and promote the health of the public of the city and to control
20and eliminate disease.

21(2) Has sufficient means to render valuable assistance to
22the city's public health affairs in the opinion of city council
23and the State Department of Health.

24(3) Is properly organized and managed.

25(4) Has no fewer than five and no more than nine members on
26the board of directors.

27(5) Has at least two reputable physicians on the board with
28each having no less than five years' experience in the practice
29of the physician's profession.

30(b) When the office of any member of the board of directors

1terminates pursuant to the nonprofit corporation's charter or
2bylaws, the office of the member of the board of health shall
3also terminate with the resulting vacancy to be filled as
4hereinafter provided.

5(c) If the number of the board of directors of the nonprofit
6corporation increases, subject to the limitation of a maximum of
7nine members, city council may appoint any person added to the
8corporation's board of directors as an additional member of the
9board of health for a term equal to the unexpired term of the
10other members. This additional appointment shall be subject to
11any subsequent termination resulting from a limitation in the
12corporation's charter and bylaws.

13Section 174. Section 2331 of the act is repealed:

14[Section 2331. Councilmen and School Directors Eligible for
15Appointment.--Members of council of such city, not more than two
16in number, and one member of the board of directors of the
17school district of such city, if they are also members of the
18board of directors of said corporation, shall be eligible to
19appointment as members of the board of health of said city.]

20Section 175. Sections 2332, 2333, 2334 and 2335 of the act 
21are amended to read:

22Section 2332. Power of Board.--The board of health [so
23appointed] under this subdivision shall have all the power and
24authority and perform the duties now or hereafter conferred and
25prescribed by law upon boards of health of cities.

26Section 2333. Health Officer.--[If the board of directors of
27such corporation shall employe as manager or chief administrator
28of the activities and operations of the corporation a reputable
29physician of five years' experience in the practice of his
30profession, or in public health work, for a compensation to be

1paid out of the corporation's funds, it shall be lawful for such
2council to appoint such manager or chief administrator as the
3principal health officer of such city, with all the powers and
4authority and duties now or hereafter to be conferred or
5prescribed by law upon principal health officers.] Pursuant to 
6section 2305(b), city council may appoint the manager or chief 
7administrator of a nonprofit corporation as the principal health 
8officer of the city.

9Section 2334. Secretary.--The secretary of the board of
10directors of [such] the nonprofit corporation under this 
11subdivision may serve as secretary of [such] the board of
12health.

13Section 2335. Filling of Vacancies.--[As the five year terms
14of members of such board of health expire, and as vacancies
15therein occur, the council of such city may appoint successors
16to those whose terms shall have so expired for further terms of
17five years, and appoint persons to fill vacancies in both cases
18by selection of the then members of such board of directors,
19including, in the case of vacancies, the persons in the said
20board of directors who may be selected to fill the vacancies
21therein. Such appointment in the case of a vacancy shall be for
22the unexpired portion of the five year term.] City council may 
23appoint successors for vacancies on the board of health that 
24occur as five-year terms of board members expire. The successors 
25shall serve for five-year terms. City council may also appoint 
26successors to vacancies on the board of health that occur for 
27any other reason, but in such case the appointment shall be for 
28the unexpired portion of the five-year term. Successors, whether 
29appointed for a five-year term or the unexpired portion of a 
30five-year term, shall be selected from the members of the
 

1nonprofit corporation's board of directors.

2Section 176. Section 2336 of the act is repealed:

3[Section 2336. Appointment and Removal of Health Employes.--
4The council of such city shall, in all cases where possible,
5follow the recommendations of said board of health as to
6appointment and removal of all persons having to do with the
7administration of the public health affairs of the city. Such
8appointees shall be required to pass any civil service
9examination required by any civil service commission lawfully
10established in such city.]

11Section 177. Section 2337 of the act is amended to read:

12Section 2337. No Compensation for Members.--The members of
13[such] the board of health under this subdivision shall serve
14without compensation from the city. [This subdivision (c) shall
15be effective only under the circumstances set forth in section
16two thousand three hundred and thirty.]

17Section 178. The act is amended by adding a section to read:

18Section 2338. Applicability of Subdivision.--This
19subdivision (c) shall be effective only under the circumstances
20set forth in section 2330.

21Section 179. Article XXIII subdivision (d) heading of the
22act is amended to read:

23(d) [Penalties] Penalty

24Section 180. Section 2340 of the act is amended to read:

25Section 2340. Penalty.--Any person violating any provision
26of this article or any order or regulation of the board of
27health made under the authority of this article, or of any law, 
28or regulation or ordinance therein referred to or authorized, or
29who shall obstruct or interfere with any person in the execution
30of any order or regulation of [said] the board, or wilfully and

1illegally omit to obey any [such] order[, shall be guilty of] or 
2regulation of the board commits a [misdemeanor, and, upon
3conviction, shall be sentenced to pay a fine not exceeding one
4hundred dollars, or undergo imprisonment not exceeding ninety
5days, or both, at the discretion of the court] summary offense 
6punishable in accordance with sections 1018.16 and 1018.17.

7Section 181. Article XXIV heading of the act is reenacted to
8read:

9ARTICLE XXIV

10CORPORATE POWERS

11Section 182. Section 2401 of the act is repealed:

12[Section 2401. Existing Powers Saved.--The corporate powers
13and the duties of the officers of cities, now in existence by
14virtue of the laws of the Commonwealth, and not repealed by this
15act, shall be and remain as now provided by law.]

16Section 183. Section 2402 of the act is amended to read:

17Section 2402. Powers of [City] Cities.--(a) Each city is
18hereby declared to be a body corporate and politic, and shall
19have perpetual succession, and may:

201. Sue and be sued;

21[2. Purchase and hold real and personal property for the use
22of the city;

233. Lease, sell and convey any real or personal property
24owned by the city, and make such order respecting the same as
25may be conducive to the interests of the city;

264. Make all contracts, and do all other acts in relation to
27the property and affairs of the city necessary to the exercise
28of its corporate or administrative powers;

295] 2. Have and use a corporate seal, and alter the same at
30pleasure. Every such seal shall have upon it the word

1"Pennsylvania," the name of the city, and the year of its
2original incorporation;

3[6] 3. Display the flag of the United States, the
4Commonwealth or of any county, city, borough or other
5municipality in the Commonwealth on the public buildings of the
6city.

7[7. To appropriate] 4. Appropriate money for the exercise
8of powers expressed or implied in this act or any other
9applicable law, and for like uses to accept gifts or grants of
10money, other property or services from public or private
11sources.

12(b) The powers [hereby] granted in this act shall be
13exercised [by the mayor and councilmen] in the manner herein
14provided.

15Section 184. Section 2402.1 of the act, added September 21,
161959 (P.L.922, No.370), is amended to read:

17Section 2402.1. [Sale of Real Estate.--The title to real
18estate sold by any city after June 28, 1947, if the sale was
19authorized by an ordinance or resolution of the city council of
20said city, and not attacked in any proceeding instituted within
21six years of the effective date of this amendment and the title
22to real estate sold after the effective date of this amendment,
23if the sale was authorized by an ordinance or resolution of the
24city council of said city and is not attached in any proceeding
25instituted within six years after date of such sale, is hereby
26declared to be good and valid and free and clear of any defects
27and any such person who is grantee thereunder, and his heirs,
28successors and assigns, shall hold and may convey such real
29estate and all conveyances made after June 28, 1947, are hereby
30ratified and confirmed. Nothing in this section shall be

1construed to apply to property which the city acquired other
2than by purchase.] City Property and Affairs.--(a) In 
3exercising its discretion to make decisions that further the 
4public interest under terms it deems most beneficial to the 
5city, council shall have the power and authority, subject to any 
6restrictions, limitations or exceptions as set forth in this 
7act, to do any of the following:

8(1) Purchase, hold, use and manage real and personal
9property.

10(2) Exchange personal property.

11(3) Lease, sell and convey real and personal property owned
12by the city.

13(4) Make contracts and do all other acts respecting city
14property and affairs as council may deem conducive to the public
15interest and necessary to the exercise of the city's corporate
16and administrative powers.

17(b) No real estate owned by the city may be sold except upon
18approval of council by resolution. Additionally, no real estate
19owned by the city shall be sold for a consideration in excess of
20one thousand five hundred dollars, except to the highest bidder
21after due notice by advertisement for bids or advertisement of a
22public auction in one newspaper of general circulation in the
23city. The advertisement shall be published once not less than
24ten days prior to the date fixed for the opening of bids or
25public auction, and the date for opening bids or public auction
26shall be announced in the advertisement. The award of contracts
27shall be made only by public announcement at a regular or
28special meeting of council or at the public auction. All bids
29shall be accepted on the condition that payment of the purchase
30price in full shall be made within sixty days of the acceptance

1of bids. The city council shall have the authority to reject all
2bids which it deems to be less than the fair market value of the
3real property. In the case of a public auction, the city council
4may establish a minimum bid based on the fair market value of
5the real property. If no compliant bids are received after
6advertisement, the applicable procedures in the act of October
727, 1979 (P.L.241, No.78), entitled, as amended, "An act
8authorizing political subdivisions, municipality authorities and
9transportation authorities to enter into contracts for the
10purchase of goods and the sale of real and personal property
11where no bids are received," shall be followed. Real estate
12owned by a city may be sold at a consideration of one thousand
13five hundred dollars or less without advertisement or
14competitive bidding only after council estimates the value
15thereof upon receipt of an appraisal by a qualified real estate
16appraiser. This section shall not apply if council is exercising
17its authority to exchange city real property for real property
18of equal or greater value, provided that the property being
19acquired by the city is to be used for municipal purposes. If
20council chooses to exercise its power of real property exchange
21pursuant to this section, it shall be by resolution adopted by
22council. Notice of the resolution, including a description of
23the properties to be exchanged, shall be published once in one
24newspaper of general circulation not more than sixty days nor
25fewer than seven days prior to adoption.

26(c) No city personal property shall be disposed of, by sale
27or otherwise, except upon approval of council by resolution.
28Council shall estimate the sale value of the entire lot to be
29disposed of. If council shall estimate the sale value to be less
30than one thousand dollars, council may sell the property, in

1whole or in part, for the best price or prices obtainable. If
2council shall estimate the sale value to be one thousand dollars
3or more, the entire lot shall be advertised for sale in
4accordance with the provisions of section 109, and sale of the
5property advertised shall be made to the best responsible
6bidder. The bids shall not be opened until at least ten days
7after the newspaper advertisement. The provisions of this
8subsection shall not be mandatory where city personal property
9is to be traded in or exchanged for other personal property.
10Council may sell any personal property at auction pursuant to
11subsection (d), but shall observe the same notice requirements
12as contained in this subsection.

13(d) In regards to the sale of personal property of the city,
14an auction may be conducted by means of an online or electronic
15auction sale. During an electronic auction sale, bids shall be
16accepted electronically at the time and in the manner designated
17in the advertisement pursuant to the notice requirements in
18subsection (c). During the electronic auction, each bidder shall
19have the capability to view the bidder's bid rank or the high
20bid price. Bidders may increase their bid prices during the
21electronic auction. The record of the electronic auction shall
22be accessible for public inspection. The purchase price shall be
23paid by the high bidder immediately or at a reasonable time
24after the conclusion of the electronic auction as determined by
25council. In the event that shipping costs are incurred, they
26shall be paid by the high bidder. A city that has complied with
27the advertising requirements of subsection (c) may provide
28additional public notice of the sale by bids or auction in any
29manner deemed appropriate by council. The newspaper
30advertisement for electronic auction sales authorized in this

1section shall include the Internet address or means of accessing
2the electronic auction and the date, time and duration of the
3electronic auction.

4(e) Any requirement for advertising for bids and sale to the
5highest bidder imposed by this act or by a city pursuant to this
6section shall not apply where city real or personal property is
7sold to the following, provided that when any real property is
8no longer used for the purpose of the conveyance, the real
9property shall revert to the city:

10(1) The Federal Government, the Commonwealth, a
11municipality, home rule municipality, institution district or
12school district.

13(2) A volunteer fire company, volunteer ambulance service or
14volunteer rescue squad located within the city or providing
15emergency services in the city.

16(3) A municipal authority, a housing authority created
17pursuant to the act of May 28, 1937 (P.L.955, No.265), known as
18the "Housing Authorities Law," an urban redevelopment authority
19created pursuant to the act of May 24, 1945 (P.L.991, No.385),
20known as the "Urban Redevelopment Law," a parking authority
21created under 53 Pa.C.S. Ch. 55 (relating to parking
22authorities) or under the former act of June 5, 1947 (P.L.458,
23No.208), known as the "Parking Authority Law," or a port
24authority pursuant to the act of December 6, 1972 (P.L.1392,
25No.298), known as the "Third Class City Port Authority Act."

26(4) A nonprofit corporation engaged in community industrial
27development.

28(5) A nonprofit corporation organized as a public library.

29(6) A nonprofit medical service corporation.

30(7) A nonprofit housing corporation.

1(8) A nonprofit museum or historical organization.

2(f) When real or personal property is sold pursuant to
3subsection (e)(5), (6) or (7), the city may accept such nominal
4consideration as it shall deem appropriate.

5Section 185. Section 2402.2 of the act, amended July 31,
61968 (P.L.943, No.290), is repealed:

7[Section 2402.2. Typewritten, Printed, Photostated and
8Microfilmed Records Valid; Recording or Transcribing Records.--
9All city records, required to be recorded or transcribed, shall
10be deemed valid if typewritten, printed, photostated or
11microfilmed, and where recording in a specified book of record
12is required, except minutes of the proceedings of the council,
13such records may be recorded or transcribed in a mechanical or
14key-operated post binder book, or bound book with pages being
15consecutively numbered by transcribing directly upon the pages
16of such book of record or may be attached to such book of record
17by stapling or by glue or any other adhesive substance or
18material, and all records heretofore recorded or transcribed in
19any manner authorized by this section are validated. The minutes
20of proceedings of the council shall, in the manner prescribed by
21this section for other records, be recorded in a bound book.
22When any record shall be recorded or transcribed after the
23effective date of this amendment by attaching such record or a
24copy thereof to the book of record as hereinabove provided, the
25city seal shall be impressed upon each page to which such record
26is attached, each impression thereof covering both a portion of
27the attached record and a portion of the page of the book of
28record to which such record is attached.]

29Section 186. Section 2403 of the act, amended August 24,
301953 (P.L.1337, No.380), May 20, 1957 (P.L.178, No.86), June 20,

11957 (P.L.346, No.188), June 24, 1959 (P.L.482, No.108), June
230, 1959 (P.L.496, No.121), May 23, 1961 (P.L.216, No.116), June
314, 1961 (P.L.370, No.204), June 8, 1965 (P.L.104, No.72),
4December 16, 1965 (P.L.1120, No.434), November 24, 1967
5(P.L.618, No.280), February 24, 1970 (P.L.63, No.27), March 25,
61970 (P.L.225, No.92), July 29, 1971 (P.L.250, No.61), October
74, 1978 (P.L.950, No.188), October 5, 1979 (P.L.195, No.64),
8November 1, 1979 (P.L.455, No.92), December 21, 1998 (P.L.1013,
9No.135) and June 27, 2008 (P.L.196, No.31) and repealed in part
10November 26, 1978 (P.L.1399, No.330), is amended to read:

11Section 2403. [Specific Powers.--In addition to other powers
12granted by this act, the council of each city shall have power,
13by ordinance:

141.] Payment of Debts and Expenses.--[To] Council may provide
15for the payment of the debts and expenses of the city, and to
16appropriate money therefor.

17[1.1. Creation of Capital Reserve Fund for Anticipated
18Capital Expenditures.--To create and maintain a separate capital
19reserve fund for any anticipated legal capital expenditures,
20which fund shall be designated for a specific purpose or
21purposes at the time of its creation. The money in the fund
22shall be used, from time to time, for the construction, purchase
23or replacement of or addition to municipal buildings, equipment,
24machinery, motor vehicles or other capital assets of the city as
25specified at the time of the creation of the fund and for no
26other purpose: Provided, That it may be used for capital
27expenditure other than the purpose or purposes specified at the
28time it was created, if city council by a four-fifths vote shall
29declare that the original purpose or purposes have become
30impracticable, inadvisable or impossible, or that conditions

1have arisen in the city which make other capital expenditures
2more urgent than those for which the fund was created.

3The council may appropriate moneys from the general city
4funds to be paid into the capital reserve fund, or place in the
5fund any moneys received from the sale, lease or other
6disposition of any city property or from any other source unless
7received or acquired for a particular purpose. The fund shall be
8controlled, invested, reinvested and administered and the moneys
9therein and income from such moneys expended for the specific
10purpose or purposes for which the fund is created in such manner
11as may be determined by the council. The money in the fund, when
12invested, shall be invested in securities designated by law as
13legal investments for sinking funds of municipalities.

142. Hiring of Employes; Salaries.--To provide for and
15regulate the manner of hiring and discharging employes and
16laborers, and the fixing of their salaries or compensation.

173. Creation of Necessary Offices, Boards or Departments.--To
18create any office, public board, or department which it may deem
19necessary for the good government and interests of the city,
20and, unless otherwise provided by this act, appoint the members
21of any board, bureau or commission; to prescribe the powers
22thereof, and to regulate and prescribe the terms, duties and
23compensation of all such officers, and of all officers who are
24members of any public board or any department so created, but no
25ordinance shall be passed increasing or diminishing the salary
26or compensation of any officer, or of any member of any board,
27bureau or commission, after his or their appointment. The
28provisions of this clause as to the creation of any public
29board, bureau or commission, and prescribing the duties thereof,
30shall not apply to the creation of any board of commissioners of

1water-works of any city wherein the title to the water-works
2therein located is in the name of the commissioners of water-
3works.

44. Lock-ups and Police Stations.--To provide for the
5erection, lease or purchase of lock-ups and police stations for
6the detention and confinement of persons arrested for any cause,
7or of persons convicted under city ordinances and sentenced for
8periods not in excess of ten days.

95. Market Houses and Milk Depots.--To purchase, lease and
10own ground for, and to erect, maintain, and establish, market
11houses, milk depots, and market places, for which latter purpose
12parts of any streets, sidewalks or city property may be
13temporarily used; to provide and enforce suitable general market
14regulations; to contract with any person or persons or
15association of persons, companies, or corporations, for the
16erection and regulation of market houses, milk depots, and
17market places, on such terms and conditions and in such manner
18as the council may prescribe; to raise all necessary revenue
19therefor as herein provided; and to levy and collect a license
20tax from every person or persons who may be authorized by
21council to occupy any portion of the streets, sidewalks or city
22property for temporary market purposes.

236. Collection and Removal of Garbage.--To provide for and
24regulate the collection, removal and disposal of garbage, ashes
25and other waste or refuse material, either by contract or by
26municipal conduct of such services, and to impose and collect,
27by lien or otherwise, reasonable fees and charges therefor, and
28to prescribe fines and penalties for the violation of ordinances
29regulating such matters.

307. Comfort and Waiting Stations and Drinking Fountains;

1Waiting Rooms in Court Houses.--To take, purchase or acquire,
2property for the purpose of erecting, providing, maintaining,
3and operating thereon comfort stations, waiting stations and
4drinking fountains; and to construct and maintain such stations
5and fountains on such property or in any of the streets or
6public places within its corporate limits; to provide and equip
7and maintain in the court house, in cooperation with the county
8commissioners of the county wherein the city is situated,
9whenever such city is the county seat, rest or waiting rooms and
10provide attendants therefor. The cost of providing such waiting
11and rest rooms, and of maintaining the same, including salaries
12and all incidental expenses, shall be paid by the county, and by
13the city, in such proportion as may be agreed upon.

148. Running at Large of Animals, Et Cetera.--To provide for
15the erection of all needful pens, pounds, and other means of
16confinement, within or without the city limits; to appoint
17keepers thereof; and to regulate or prohibit the running or
18being at large of stock and domestic animals, and fowls; and to
19cause such as may be at large to be impounded and sold to
20discharge the costs and penalties provided for the violations of
21such prohibitions and the expenses of impounding and of keeping
22the same and of such sale. To regulate the maintaining and care
23of dogs within the city. To regulate or prohibit the keeping of
24bee hives within the city.

259. Destruction of Dogs.--To destroy dogs found at large
26contrary to the laws of the Commonwealth, or to prohibit or
27regulate, by its own ordinance, the running at large of dogs,
28cats or other animals, and, in the enforcement of such
29regulations, to direct the killing of dogs, cats or other
30animals, or their seizure and detention, including reasonable

1charges therefor, or to provide for their sale for the benefit
2of the city. The powers herein expressed shall be exercised in
3conformity with the Dog Law of 1921.

410. Inspection and Regulation of Fireplaces, Chimneys, Et
5Cetera; Smoke Regulations.--To regulate the construction and
6inspection of fireplaces, chimneys, stoves, stovepipes, ovens,
7boilers, kettles, forges, or any apparatus used in any building,
8manufactory, or business, and to order the suppression or
9cleaning thereof when deemed necessary; to regulate and control
10the production and emission of unnecessary smoke or fly-ash from
11any chimney or other source, except railroad locomotives.

1211. Manufacture, Sale, Storage and Transportation of
13Explosives; Offensive Business.--To regulate or prohibit the
14manufacture, sale, storage, or transportation of inflammable or
15explosive substances within the city, and to regulate or
16prohibit dangerous, obnoxious, or offensive business with the
17city.

1812. Regulation of Division Fences, Party Walls,
19Foundations.--To provide regulations for party walls and
20division fences and for the foundations of buildings, to enter
21upon the land or lands, lot or lots, of any person or persons,
22within the city, at all reasonable hours, by its duly appointed
23city engineer, or building inspectors, in order to enforce such
24regulations and set out foundations; and to prescribe reasonable
25fees for the service of city officers in the inspection and
26regulation of party walls, division fences and foundations, and
27to enforce the payment of the same. To provide fines or
28penalties for violations of such regulations. In setting out
29foundations and regulating party walls as to breadth and
30thickness, the city shall cause the foundations to be laid

1equally upon the lands of the persons between whom the party
2wall is to be made, and the builder thereof or his successor in
3interest shall be reimbursed one moiety of the charge of said
4wall or for so much thereof as the next builder shall have
5occasion to make use of before such next builder shall or may
6use or break into said wall.

713. Public Wells, Cisterns, Aqueducts, and Reservoirs.--To
8establish, make, and regulate public wells, cisterns, aqueducts,
9and reservoirs, and to provide for filling the same.

1014. Construction of Levees and Ferries; Deepening of
11Channels.--Subject to the provisions of State law, to provide
12for the construction and maintenance of levees and ferries
13within the jurisdiction of the city and within the limits
14thereof; to erect wharves on navigable waters adjacent to the
15city, regulate the use thereof, collect wharfage, and establish
16wharf and dock lines; to provide for protection against floods;
17to construct and maintain docks, retaining walls, dams, or
18embankments; and to remove obstructions from, deepen and widen
19the channels of rivers and streams flowing through or adjacent
20to the city.

2115. Railroad Crossing; Flagmen; Speed of Locomotives.--
22Subject to the provisions of the Public Utility Law, to provide
23for and require the construction and maintenance of bridges or
24other crossings over or under railroad tracks; and to enter into
25contracts with railroad companies for the construction and
26maintenance of the same; to require the erection of safety-gates
27and the placing of flagmen or warning devices at the
28intersection of railroads with streets; to forbid the
29obstruction of the said crossings by locomotives or railroad
30cars; and to regulate the rate of speed at which locomotives,

1cars or trains shall pass upon or across the streets within the
2built-up portions of the city.

315.1. Railroad Companies; Conveyances and Grants of Rights
4of Way.--Subject to the provisions of the Public Utility Law, to
5lease, license or grant rights of way to railroad companies
6through tunnels or over bridges and viaducts, to enter into
7agreements with railroad companies for the maintenance of any
8such tunnels, bridges or viaducts, and to convey such tunnels,
9bridges or viaducts to railroad companies that have paid in part
10for their construction, where legal title to said tunnels,
11bridges or viaducts is not vested in the city but will vest in
12the city by operation of law or under the terms of any contract.

1316. Nuisances and Obstructions.--To prohibit nuisances,
14including, but not limited to, accumulations of garbage and
15rubbish and the storage of abandoned or junked automobiles or
16other vehicles on private or public property, and the carrying
17on of any offensive manufacture or business, and to require the
18removal of any nuisance or dangerous structure from public or
19private places upon notice to the owner, and, upon his default,
20to cause such removal and collect the cost thereof, together
21with a penalty of ten per centum of such cost, from the owner,
22by an action in assumpsit. The cost of removal and the penalty
23may be entered as a lien against such property in accordance
24with existing provisions of law. In the exercise of the powers
25herein conferred, the city may institute proceedings in courts
26of equity.

2717. Regulation of Signs, Porches, Et Cetera.--To regulate,
28by uniform rules and regulations, porches, porticoes, benches,
29doorsteps, railings, bulk, bay or jut windows, areas, cellar
30doors and cellar windows, signs and sign posts, boards, poles or

1frames, awnings, awning posts, or other devices or things,
2projecting over, under, into or otherwise occupying the
3sidewalks or other portion of any of the streets, the building
4of cellars and basement ways and other excavations through or
5under the sidewalks, and boxes, bales, barrels, hogsheads,
6crates, or articles of merchandise, lumber, coal, wood, ashes,
7building materials, or any other article or thing whatsoever,
8placed in or upon any of the said sidewalks or other portion of
9said streets; and also to prevent and require or cause the
10removal of, upon notice, all encroachments thereon. In the
11exercise of the powers herein conferred, the city shall have the
12same remedies, penalties and procedures as are expressed in
13clause 16 of this article.

1418. Trees.--To regulate the planting, trimming, care and
15protection of shade trees in or extending over the streets.

1619. Numbering of Buildings.--To require and regulate the
17numbering of buildings and lots.

1820. Cab-stands.--To establish stands for coaches, cabs,
19omnibuses, carriages, wagons, automobiles, and other vehicles
20for hire, and to enforce the observance and use thereof.

2121. Police Force.--To establish and maintain a police force,
22and define the duties of the same.

2322. Police Protection, Et Cetera, Parks, Et Cetera;
24Commitment of Professional Thieves.--To establish and enforce
25suitable police regulations for the protection of persons and
26property at public squares, parks, depots, depot grounds, and
27other places of public resort, owned, controlled or managed by
28the city or an agency or bureau thereof, whether within or
29without the city, in whole or in part, and for the arrest and
30commitment of professional thieves, and suspicious persons found

1in any part of the city who can give no reasonable account of
2themselves. The mayor or any alderman of the city shall have
3jurisdiction to hear and determine violations of such ordinances
4and to impose any judgment or penalty therefor as provided in
5such ordinances.

623. Rewards for Apprehension of Certain Criminals.--To offer
7rewards for the arrest and conviction of persons guilty of
8capital or other crimes within the city.

924. Gaming, Prostitution, Et Cetera.--To restrain, prohibit,
10and suppress houses of prostitution, gambling houses, gaming,
11cock or dog fighting, and other disorderly or unlawful
12establishments or practices, desecration of the Sabbath day,
13commonly called Sunday, and all kinds of public indecencies.

1425. Prevent Riots.--To prevent and restrain riots, noises,
15disturbances, or disorderly assemblies in any street, house, or
16place in the city.

1726. Regulate Guns, Et Cetera.--To regulate, prohibit, and
18prevent the discharge of guns, rockets, powder, or any other
19dangerous instrument or combustible material within the city,
20and to prevent the carrying of concealed deadly weapons.

2127. Sale and Use of Fireworks.--To regulate or prohibit and
22prevent the sale, use and discharge of fireworks, firecrackers,
23sparklers, and other pyrotechnics.

2428. Arrest of Vagrants.--To arrest, fine, or set at work on
25the streets, or elsewhere, all vagrants found in said city.

2629. Racing; Dangerous Practices; Et Cetera.--To prevent the
27racing of horses, cars and other vehicles, fast driving or
28riding in the streets or public places in the city, and all
29games, practices, or amusements, therein likely to result in
30danger or damages to any person or property.

130. Riding or Driving on Sidewalks.--To prevent or regulate
2the riding or driving of animals, or the passage of any vehicle
3over, along and across sidewalks, and to regulate the passing of
4the same through the streets.

531. Regulations of Skating-Rinks, Theatres, Et Cetera.--
6Subject to the provisions of general laws of the Commonwealth
7regarding the same, to regulate all skating-rinks, operas,
8theatres, concerts, shows, circuses, menageries, and all kinds
9of public exhibitions for pay (except those for religious,
10educational or charitable purposes); and to restrain and
11prohibit, under fines or penalties, all exhibitions of indecent
12or immoral character.

1332. Bathing; Boat Houses and Bath Houses.--To regulate the
14time and place of bathing in rivers and other public water in
15and adjoining the said city, and to construct, maintain and
16manage municipal boat houses and bath houses.

1733. Prohibition of Fire Producing Devices in Certain Retail
18Stores.--To prohibit the smoking or carrying of lighted
19cigarettes, cigars, pipes or matches, and the use of matches or
20fire producing devices, in retail stores arranged to accommodate
21one hundred persons or more, or which employ ten or more
22employes: Provided, That any such ordinance passed under this
23provision shall not prohibit smoking in any restaurant room,
24rest room, beauty parlor, executive office, or any room
25designated for smoking in such store. To provide penalties for
26the violation of such ordinances.

2734. Appropriations to Post of Veterans.--To appropriate
28annually to each camp of the United States War Veterans in the
29city, and to each post of the American Legion, and to each post
30of the Veterans of Foreign Wars, and to each post of the

1Veterans of World War I of the U. S. A., Inc., and to each post
2of the American Veterans of World War II (AMVETS), to each post
3of the Catholic War Veterans, Inc., and to each detachment of
4the Marine Corps League, and to each Naval Association, and to
5each post of the Grand Army of the Republic, and to each post of
6the Disabled American Veterans of the World War, and to each
7chapter of the Military Order of the Purple Heart, and to each
8post of the Jewish War Veterans, and to each organization of
9American Gold Star Mothers, and to each post of the Italian
10American War Veterans of the United States, Incorporated, and to
11any other such organization of ex-service persons in the city,
12incorporated under the laws of the Commonwealth, a sum not to
13exceed three hundred dollars, to aid in defraying the expenses
14of Memorial Day and Armistice Day. Where the Grand Army of the
15Republic has ceased to exist or to function, such appropriation
16may be made to the Sons of Union Veterans of the Civil War, or,
17in the absence of such order, to a duly constituted organization
18which conducts the decorating of the graves of Union veterans of
19the Civil War. Such payments shall be made to defray actual
20expenses only. Before any payment is made, the organization
21receiving the same shall submit verified accounts of their
22expenditures.

2335. Support of National Guard Units.--To appropriate
24annually a sum not exceeding seven hundred and fifty dollars for
25the support and maintenance, discipline and training of any
26dismounted company or similar unit of the National Guard, and a
27sum not to exceed fifteen hundred dollars for the support and
28maintenance of any mounted or motorized troop or similar unit of
29the National Guard. Where such units are organized as a
30battalion, regiment or similar organization, the total amount

1due may be paid to the commanding officer of the battalion,
2regiment or similar organization. Any moneys so appropriated
3shall be paid by warrant drawn to the order of the commanding
4officer of such company, battalion, regiment or similar
5organization, only when it shall be certified to the city, by
6the Adjutant General of the Commonwealth, that the said company
7or companies have satisfactorily passed the annual inspection
8provided by law. The moneys so appropriated shall be used and
9expended solely and exclusively for the support and maintenance,
10discipline and training of the said company, battalion,
11regiment, or similar organization; and the commanding officer
12shall account, by proper vouchers to the said city each year,
13for the expenditure of the money so appropriated, and no
14appropriation shall be made for any subsequent year until the
15expenditure of the previous year is duly and satisfactorily
16accounted for.

17The accounts of such expenditures shall be subject to the
18inspection of the Department of Military Affairs, and shall be
19audited by the city controller in the manner provided by this
20act for the audit of accounts of city moneys.

2136. Appropriation of Money, Et Cetera, to Assist in Erection
22of Armories.--To appropriate money or convey land, either
23independently or in conjunction with any other political
24subdivision, to the Commonwealth, for the purpose of assisting
25the Armory Board of the State of Pennsylvania in the erection of
26armories for the use of the National Guard, and to furnish
27water, sewer services, light, or fuel free of cost to the
28Commonwealth for use in any armory of the National Guard; and to
29do all things necessary to accomplish the purpose of this
30clause.

137. Eminent Domain for National Guard Purposes.--To take, by
2right of eminent domain, for the purpose of appropriating to
3itself for the use of the National Guard of Pennsylvania, such
4public lands, easments, and public property as may be in its
5possession or control and used or held by it for any other
6purpose. Such right, however, shall not be exercised as to any
7street or wharf.

838. Lands for Armory Purposes.--To acquire, by purchase or
9by gift, or by the right of eminent domain, any land for the use
10of the National Guard of Pennsylvania; and to convey such lands
11so acquired to the Commonwealth in order to assist the Armory
12Board in the erection of armories. The power conferred by this
13clause shall not be exercised to take any church property,
14grave-yard, or cemetery. Lands within three miles outside the
15limits of the city may be acquired in like manner for the use of
16the National Guard.

1739. Purchase of Burial Grounds for Deceased Service
18Persons.--To appropriate money for and purchase plots of ground
19in any cemetery or burial ground, within their respective
20limits, for the interment of such deceased service persons as
21shall hereafter die within such city, or shall die beyond such
22city and shall have a legal residence within such city at the
23time of their death, and whose bodies are entitled to be buried
24by the county under the provisions of existing laws.

2540. Payment of Rent for Veterans' Organizations.--By a two-
26third vote of the council, to appropriate money to any
27incorporated organization of veterans of any war in which the
28United States was engaged, to be used in the payment of the rent
29of any building or rooms in which such organization has its
30regular meetings.

141. Rooms for Meetings of Veterans.--To furnish, upon
2application, to each organization composed of veterans of the
3Civil War, veterans of the Spanish American War, veterans of the
4World War or World War II, veterans of any foreign war, and
5children of veterans, a room or rooms in any public building of
6such city, sufficient for the meeting of each of such
7organizations at least once each month.

842. Care of Memorials.--To take charge of, care for,
9maintain, and keep in good order and repair, at the expense of
10the city, any soldiers' monument, gun or carriage, or similar
11memorial, situate in the city, and not in the charge or care of
12any person, body, or organization, and not put up or placed by
13the Government of the United States, the Commonwealth of
14Pennsylvania, the commissioners of the county, or by the
15direction or authority of any other state of the Union, and to
16receive from any person or organization any moneys or funds
17which can be used for the benefit of such memorials, and to
18expend the same.

1943. Manufacture and Sale of Ice.--To manufacture ice, and to
20sell the same to the inhabitants of the city at such rates as
21shall be fixed by ordinance, and to erect, equip, and maintain
22such buildings and other structures, and purchase or hire and
23maintain such vehicles, as may be deemed necessary for such
24purpose.

2544. Inspection of Milk.--To provide for the inspection of
26milk sold or consumed within the city and milk depots, and
27dairies which offer milk or milk products for retail sale within
28the city, under such rules and regulations as will protect the
29people from adulteration and dilution of the same.

3045. Municipal Music.--To appropriate money to defray the

1expenses of musical entertainments held under the auspices of
2the city, and for the purpose of having music in any public park
3or place.

446. Regulation and Licensing of Auction Sales.--To regulate
5and license sales of merchandise at public auction, other than
6judicial sales, sales by executors or administrators, or sales
7by or in behalf of licensed pawnbrokers of unredeemed pledges in
8the manner provided by law.

947. Aid to Historical Societies.--To make annual
10appropriations not exceeding one thousand dollars for the
11support and maintenance of the principal historical society
12located therein, which shall be incorporated under the laws of
13the Commonwealth, shall maintain permanent quarters and shall
14keep the same open to the public, shall have a membership of at
15least one hundred persons who have paid into the treasury of the
16society a membership fee of at least two dollars for the support
17of the society, shall hold, annually, at least two regular
18meetings that shall be open to the public, and shall at all
19times maintain facilities for the free storage, deposit, and
20inspection of official documents and records of the city, and
21other proper public or historical archives and records.

2248. Establishment of Institutions to Collect Educational
23Collections.--To establish institutions authorized to collect
24and hold certain scientific, educational and economic
25collections, the object of each being the instruction of the
26public concerning commerce, manufacturing, mining, and
27agriculture; said institutions to have power to purchase or
28accept by gift any real estate, money, or personal property
29necessary for their use and promotion, and power to use, convey,
30or transfer the same, as if they were bodies corporate, to be

1governed by boards of trustees, nominated, appointed, and
2confirmed in such manner as council may determine.

349. Sprinkling of Streets.--To cause any street, or part
4thereof, not less than one block, to be sprinkled with water or,
5if such street is paved, to be cleaned during such time as it
6may be necessary, at the expense of the owners of property
7abutting upon the same. Upon the petition of the owners of such
8property, who shall represent a majority of the feet front on
9the street or part thereof, it shall be the duty of council to
10cause such sprinkling or cleaning to be done at the expense of
11the owners of property abutting thereon. Council may cause such
12sprinkling to be done with the water of the city, when water
13works are owned or operated by the city, and the sprinkling
14carts and apparatus owned by the city, or may contract for the
15use of said carts and apparatus with the lowest responsible
16bidder.

1750. Electric Wires may be Placed Underground in Certain
18Districts.--To define a reasonable district within which all
19electric light wires, telephone and telegraph wires shall be
20placed under ground in conduits owned and constructed either by
21the municipality or by corporations owning such wires, or by
22corporations organized for the purpose of laying such conduits
23and renting space therein. In all cases in which such conduits
24are owned by any private corporation, partnership, or
25individual, there shall be reserved to the city, whether
26expressed in the ordinance or not, the right to regulate, by
27ordinance, the manner in which such conduit shall be used, and
28the terms and conditions of such use, and also the right to take
29such conduits, either by purchase, upon agreement of the owners
30thereof and the city, or by condemnation proceedings; in which

1latter case the proceedings for the assessment of damages shall
2be the same as provided in this act for property taken, injured
3or destroyed.

4The court of quarter sessions upon the appeal of any person
5may review any ordinance passed in pursuance of this clause, and
6may annul such ordinance if deemed unreasonable, capricious or
7arbitrary, such appeal to be taken within thirty days from the
8approval of such ordinance.

951. Ambulances and Service; Maintenance.--To acquire, by
10purchase, gift or bequest, or to operate and maintain ambulances
11or ambulance service for the purposes of conveying sick and
12injured persons in the city and the vicinity to and from
13hospitals, or in lieu thereof, to hire a private ambulance
14service, and, for such purposes, to appropriate and expend
15moneys of the city; or to appropriate money annually toward a
16nonprofit community ambulance service. All appropriations of
17money heretofore made and contracts for hire of private
18ambulance service heretofore entered into by any city are hereby
19validated and confirmed.

2052. Weighing and Measuring of Commodities.--To regulate the
21weighing and measuring of every commodity sold in the city, in
22all cases not otherwise provided for by law, including the
23measuring of gas, water, and electric currents; to provide for
24and regulate the inspection and weighing of hay, grain, and
25coal, and the measuring of wood, bark, and fuel, to be used in
26the city, and to designate the place or places of inspecting and
27weighing the same; to regulate and prescribe the place or places
28for exposing for sale hay, coal, bark and wood; to demand and
29receive reasonable fees for such inspection, weighing and
30measuring; for the regulation and stamping of weights and

1measures; and the regulation and inspection of meters, except as
2otherwise provided by law.

353. Insurance.--To make contracts of insurance with any
4mutual or other fire insurance company, association or exchange,
5duly authorized by law to transact insurance business in the
6Commonwealth of Pennsylvania, on any building or property owned
7by the city.

8To make contracts of insurance with any insurance company, or
9nonprofit hospitalization corporation, or nonprofit medical
10service corporation, authorized to transact insurance business
11within the Commonwealth, insuring its elected or appointed
12officers, officials and employes, or any class or classes
13thereof, or their dependents, under a policy or policies of
14group insurance covering life, health, hospitalization, medical
15service, or accident insurance, and to contract with any such
16company granting annuities or pensions for the pensioning of
17such persons; and, for such purposes, to agree to pay part or
18all of the premiums or charges for carrying such contracts, and
19to appropriate out of its treasury any money necessary to pay
20such premiums or charges, or portions thereof. All contracts
21procured hereunder shall conform and be subject to all the
22provisions of any existing or future laws concerning group
23insurance and group annuity contracts. The proper officer,
24agency, board or commission of the city having authority to
25enter into such contracts of insurance is hereby authorized,
26enabled and permitted to deduct from the officer's or employe's
27pay, salary or compensation, such part of the premium as is
28payable by the officer or employe and as may be so authorized by
29the officer or employe in writing.

3054. Parking Lots.--To acquire by lease, purchase, or

1condemnation proceedings, any land which in the judgment of city
2council may be necessary and desirable for the purpose of
3establishing and maintaining lots for the parking of motor
4vehicles, and for no other use or purpose, and to regulate the
5use thereof and to establish or designate, at the discretion of
6council, areas exclusively reserved for parking by handicapped
7individuals and to post signs regulating such areas.

855. Disorderly Conduct.--To define disorderly conduct within
9the limits of the city and to provide for the imposition of
10penalties for such conduct in such amounts, without limitation
11except as in this act provided, as council shall establish, and
12notwithstanding any statutes of the Commonwealth upon disorderly
13conduct and the penalties therefor.

1456. Official Expenses on City Business.--To make
15appropriations for the reasonable expenses of city officials
16actually incurred in the conduct of city business.

1757. Insurance Against Burglary, Etc.--To insure against
18burglary or theft of city property, or against fire and other
19calamities, and against public liability.

2058. To Provide Against Hazards of War.--To build or
21establish bomb shelters or assist in so doing to provide against
22all hazards of war and their consequences; and for all such
23purposes, to have the power of eminent domain, to cooperate with
24any other unit and agency of government, Federal, State, or
25local, in every lawful way, for purposes of defense and against
26the hazards of war.

2759. Municipality Authorities; Cooperation with Other
28Political Subdivisions.--To form municipality authorities as
29authorized by law. To cooperate with other political
30subdivisions in the conduct of city affairs as authorized by

1law.

260. Local Self-Government.--In addition to the powers and
3authority vested in each city by the provisions of this act, to
4make and adopt all such ordinances, by-laws, rules and
5regulations, not inconsistent with or restrained by the
6Constitution and laws of this Commonwealth, as may be expedient
7or necessary for the proper management, care and control of the
8city and its finances, and the maintenance of the peace, good
9government, safety and welfare of the city, and its trade,
10commerce and manufactures; and also all such ordinances, by-
11laws, rules and regulations as may be necessary in and to the
12exercise of the powers and authority of local self-government in
13all municipal affairs; and the said ordinances, by-laws, rules
14and regulations to alter, modify, and repeal at pleasure; and to
15enforce all ordinances inflicting penalties upon inhabitants or
16other persons for violations thereof, and impose penalties in
17accordance with section 4131.1: Provided, however, That no
18ordinance, by-law, rule or regulation shall be made or passed
19which contravenes or violates any of the provisions of the
20Constitution of the United States or of this Commonwealth, or of
21any act of Assembly heretofore or that may be hereafter passed
22and in force in said city.

2361. Historical Property.--To acquire by purchase or by gift,
24and to repair, supervise, operate and maintain ancient landmarks
25and other property of historical or antiquarian interest, which
26is either listed in the Catalogue of Historical Sites and
27Buildings in Pennsylvania issued by the Joint State Government
28Commission, or approved for acquisition by the Pennsylvania
29Historical and Museum Commission as having historical
30significance.

162. Appropriations for Handling, Storage and Distribution of
2Surplus Foods.--The council of any city to which this act
3applies may appropriate from city funds moneys for the handling,
4storage and distribution of surplus foods obtained either
5through a local, State or Federal agency.

6All appropriations of moneys heretofore made by the council
7of any city for the handling, storage and distribution of
8surplus foods obtained, either through a local, State or Federal
9agency, are hereby validated.

1063. Junk Dealers and Junk Yards.--To regulate and license
11junk dealers and the establishment and maintenance of junk yards
12and scrap yards including, but not limited to, automobile junk
13or grave yards.

1464. Appropriations for Industrial Promotions.--To make
15appropriations to an industrial development agency as defined in
16section 3, act of May 31, 1956 (P.L.1911), known as the
17"Industrial Development Assistance Law," when the city is
18located within the area for which the agency has been authorized
19to make application to and receive grants from the Department of
20Commerce for the purposes specified in the "Industrial
21Development Assistance Law."

2265. Non-debt Revenue Bonds.--To issue non-debt revenue bonds
23pursuant to provisions of the act of June 25, 1941 (P.L.159),
24known as the "Municipal Borrowing Law," and its amendments, to
25provide sufficient moneys for and toward the acquisition,
26construction, reconstruction, extension or improvement of
27municipal facilities, including water systems or facilities,
28sewers, sewer systems and sewage disposal systems or facilities,
29systems for the treatment or disposal of garbage and refuse,
30buildings, machinery and apparatus for manufacturing and

1distributing electric, gas or light, aeronautical facilities
2including but not limited to airports, terminals and hangars,
3park and recreational facilities, parking lots and public
4auditoriums to be secured solely by the pledge of the whole or
5part of the rent, toll or charge for the use or services of such
6facilities. Included in the cost of the issue may be any costs
7and expenses incident to constructing and financing the
8facilities and selling and distributing the bonds.

966. Appropriations for Urban Common Carrier Mass
10Transportation.--To appropriate funds for urban common carrier
11mass transportation purposes from current revenues and to make
12annual contributions to county departments of transportation or
13to urban common carrier mass transportation authorities to
14assist the departments or the authorities to meet costs of
15operation, maintenance, capital improvements, and debt service,
16and to enter into long-term agreements providing for the payment
17of the said contributions.

1867. Adoption and Amendment of Codes by Reference.--To
19incorporate by reference the provisions of any code or portions
20of any code, or any amendment thereof, properly identified as to
21date and source, without setting forth in full the provisions to
22be adopted: Provided, however, That no portion of any code which
23limits the work to be performed to any type of construction
24contractor, or labor or mechanic classification shall be
25adopted. Not less than three copies of such code, portion, or
26amendment which is incorporated or adopted by reference, shall
27be filed with the clerk of the city and kept with the city
28ordinance book, and available for public use, inspection and
29examination. The filing requirements herein prescribed shall not
30be deemed to be complied with unless the required copies of such

1codes, portion, or amendment or public record are filed with the
2clerk of such city at least ten days before council considers
3the proposed ordinance.

4Any ordinance adopted by reference to any code shall be
5enacted within sixty days after it is filed with the clerk of
6the city, and shall only encompass the provisions of the code
7effective as of the code date stated in the ordinance. Any
8subsequent changes in the code shall be adopted by the city
9before they may become effective as an ordinance of the city.

10Any city that has adopted any code by reference may adopt
11subsequent ordinances which incorporate by reference any
12subsequent changes thereof, properly identified as to date and
13source, as may be adopted by the agency or association which
14promulgated the code.

15Any ordinances which incorporate code amendments by reference
16shall become effective after the same procedure and in the same
17manner as is herein specified for original adoption of any such
18code.

1968. Appropriation for Nonprofit Art Corporation.--To
20appropriate moneys annually, not exceeding an amount equal to
21one mill of the real estate tax to any nonprofit art corporation
22for the conduct of its artistic and cultural activities. For the
23purposes of this section nonprofit art corporation shall mean a
24local arts council, commission or coordinating agency, or any
25other nonprofit corporation engaged in the production or display
26of works of art, including the visual, written or performing
27arts. Artistic and cultural activities shall include the display
28or production of theater, music, dance, painting, architecture,
29sculpture, arts and crafts, photography, film, graphic arts and
30design and creative writing.

169. Emergency Services.--(a) The city shall be responsible
2for ensuring that fire and emergency medical services are
3provided within the city by the means and to the extent
4determined by the city, including the appropriate financial and
5administrative assistance for these services.

6(b) The city shall consult with fire and emergency medical
7services providers to discuss the emergency services needs of
8the city.

9(c) The city shall require any emergency services
10organizations receiving city funds to provide to the city an
11annual itemized listing of all expenditures of these funds
12before the city may consider budgeting additional funding to the
13organization.]

14Section 187. The act is amended by adding sections to read:

15Section 2404. Creation of Capital and Operating Reserve
16Funds.--(a) Council may create and maintain a separate capital
17reserve fund for any anticipated capital expenses, which fund
18shall be designated for a specific purpose or purposes when
19created. The moneys in the fund shall be used for no other
20purpose unless the council declares that conditions in the city
21make other expenses more urgent than those for which the fund
22was created. Council may appropriate moneys from the general
23city funds to be paid into the capital reserve fund or place in
24the fund any moneys received from the sale, lease or other
25disposition of any city property or from any other source.

26(b) With regard to an operating reserve fund the following
27shall apply:

28(1) Council shall have the power to create and maintain a
29separate operating reserve fund in order to:

30(i) minimize future revenue shortfalls and deficits;

1(ii) provide greater continuity and predictability in the
2funding of vital government services;

3(iii) minimize the need to increase taxes to balance the
4budget in times of fiscal distress; and

5(iv) provide the capacity to undertake long-range financial
6planning and to develop fiscal resources to meet long-term
7needs.

8(2) Council may annually make appropriations from the
9general city fund to the operating reserve fund, but no
10appropriation shall be made to the operating reserve fund if the
11effect of the appropriation would cause the fund to exceed five
12per centum of the estimated revenues of the city's general fund
13in the current fiscal year.

14(3) Council may at any time by resolution make
15appropriations from the operating reserve fund for the following
16purposes only:

17(i) to meet emergencies involving the health, safety or
18welfare of the residents of the city;

19(ii) to counterbalance potential budget deficits resulting
20from shortfalls in anticipated revenues or program receipts from
21whatever source; or

22(iii) to provide for anticipated operating expenditures
23related either to the planned growth of existing projects or
24programs or to the establishment of new projects or programs if,
25for each such project or program, appropriations have been made
26and allocated to a separate restricted account established
27within the operating reserve fund.

28(c) The operating reserve fund shall be invested, reinvested
29and administered in a manner consistent with the provisions of
30this act relating to the investment of city funds generally.

1Section 2405. Hiring of Employes; Salaries.--Council may
2provide for and regulate the manner of hiring and discharging
3employes and the fixing of their salaries or compensation,
4consistent with applicable Federal and State law.

5Section 2406. Creation of Necessary Offices or Boards.--In
6addition to the city departments established in accordance with
7Article XI, council may create any city office, or public board,
8bureau or commission, which it may deem necessary for the good
9government and interests of the city, and, with regard to an
10office or membership on a board, bureau or commission, unless
11otherwise provided by this act, council may make appointments
12thereto and regulate and prescribe the terms, duties and
13compensation thereof.

14Section 2407. Lockups.--(a) Council may provide for lockup
15facilities as deemed necessary for the detention and confinement
16of persons.

17(b) No city shall erect or construct a city jail or lockup,
18or use any existing building or lockup for the first time that
19will be or is located within five hundred feet of any public
20school building.

21Section 2408. Market Places.--Council may:

22(1) Purchase, lease and own ground for market places.

23(2) Erect, maintain, and establish market places.

24(3) Provide for and enforce suitable general market
25regulations.

26(4) Contract with any person or persons or association of
27persons, companies or corporations for the erection and
28regulation of market places, on such terms and conditions and in
29such manner as council may prescribe.

30(5) Levy and collect a license fee from every person or

1persons who may be authorized by council to occupy any portion
2of the streets, sidewalks or city property for temporary market
3purposes.

4Section 2409. Accumulation of Ashes, Garbage, Solid Waste
5and Refuse Materials.--(a) Council in the manner authorized by
6the act of July 7, 1980 (P.L.380, No.97), known as the "Solid
7Waste Management Act," and the act of July 28, 1988 (P.L.556,
8No.101), known as the "Municipal Waste Planning, Recycling and
9Waste Reduction Act," may prohibit accumulations of ashes,
10garbage, solid waste and other refuse materials upon private
11property, including the imposition and collection of reasonable
12fees and charges for the collection, removal and disposal
13thereof.

14(b) Council may collect and remove, by contract or
15otherwise, ashes, garbage, solid waste and other refuse
16materials and recyclables and prescribe penalties for the
17enforcement thereof. Any contract with refuse haulers may be
18made for an initial period not exceeding five years with
19optional renewal periods of up to five years. This limitation
20does not apply to contracts with any other county or municipal
21corporation.

22(c) Council may dispose of, by contract or otherwise, ashes,
23garbage, solid waste or other refuse materials. Any contract
24with the owner of a private facility for the disposal or
25incineration of ashes, garbage, solid waste or other refuse
26materials may be made for a period not exceeding twenty years.
27This limitation does not apply to contracts with any county or
28municipal corporation.

29(d) Council may acquire any real property and erect,
30maintain, improve, operate and lease, either as lessor or

1lessee, facilities for incineration, landfill or other methods
2of disposal, either inside or outside the limits of the city,
3including equipment, either separately or jointly, with any
4county or municipal corporation in order to provide for the
5destruction, collection, removal and disposal of ashes, garbage,
6solid waste or other refuse materials, for the collection and
7storage of recyclable materials or for the composting of leaf
8and yard waste. Council may provide for the payment of the cost
9thereof out of the funds of the city. Council may acquire land
10for landfill purposes, either amicably or by exercising the
11power of eminent domain, and maintain lands and places for the
12dumping of ashes, garbage, solid waste or other refuse
13materials. If council acquires land outside the limits of the
14city by exercising the power of eminent domain, the taking shall
15be subject to the limitations in 26 Pa.C.S. § 206 (relating to
16extraterritorial takings).

17(e) Council may establish, alter, charge and collect rates
18and other charges for the collection, removal and disposal of
19ashes, garbage, solid waste, other refuse materials and
20recyclable materials, and the cost of including the payment of
21any indebtedness incurred for the construction, purchase,
22improvement, repair, maintenance and operation of any facilities
23therefore, and the amount due under any contract with any county
24or municipal corporation furnishing the services or facilities.
25The rates and other charges shall be collected pursuant to the
26Municipal Claim and Tax Lien Law, or by an action in assumpsit.

27(f) Council may make appropriations to any county or
28municipal corporation for the construction, purchase,
29improvement, repair, maintenance and operation of any facilities
30for the collection, removal, disposal or marketing of ashes,

1garbage, solid waste, other refuse materials, recyclable
2materials or composted leaf and yard waste.

3(g) A city shall not be subject to requirements otherwise
4imposed by law for the sale of personal property owned by the
5city when selling recyclable materials or materials separated,
6collected, recovered or created by recycling, as provided in the
7act of April 9, 1992 (P.L.70, No.21), entitled "An act excluding
8the sale of recyclable material from political subdivision
9personal property sale restrictions relating to advertising and
10bidding."

11Section 2410. Regulation of Pets and Feral Animals.--Council
12may, by ordinance, prohibit and regulate the running at large of
13dogs, cats, other pets and feral animals.

14Section 2411. Inspection and Regulation of Fireplaces,
15Chimneys, Et Cetera; Smoke Regulations.--In conformity with
16Federal and State laws and regulations, council may regulate and
17inspect fireplaces, chimneys and other sources of smoke and fly-
18ash to control the production and emission of unnecessary smoke
19and fly-ash.

20Section 2412. Fireworks and Inflammable Articles.--In
21conformity with Federal and State laws and regulations, council
22may:

23(1) Regulate and prohibit the manufacture of fireworks or
24inflammable or dangerous articles.

25(2) Grant permits for supervised public displays of
26fireworks and adopt rules and regulations governing the
27displays.

28(3) Adopt rules and regulations not inconsistent with State
29regulations relating to the storage of inflammable articles.

30(4) Impose other safeguards concerning inflammable articles

1as may be necessary.

2Section 2413. Regulation of Division Fences, Party Walls,
3Foundations.--(a) Subject to the provisions of and regulations
4adopted pursuant to the "Pennsylvania Construction Code Act" and
5other applicable law, council may provide regulations for party
6walls and division fences and for the foundations of buildings,
7and for entering upon the land or lands, lot or lots, of any
8person or persons, within the city, at all reasonable hours, by
9its duly appointed city engineer, or building inspectors, in
10order to enforce the regulations and set out foundations.
11Council may also prescribe reasonable fees for the service of
12city officers in the inspection and regulation of party walls,
13division fences and foundations, and may enforce the payment of
14the same. Council may provide fines or penalties for violations
15of an ordinance enacted pursuant to this section.

16(b) In setting out foundations and regulating party walls as
17to breadth and thickness, the city shall cause the foundations
18to be laid equally upon the lands of the persons between whom
19the party wall is to be made. The cost of the foundation and
20party wall shall be divided proportionately among the property
21owners sharing the same. The property owners shall either share
22the expense when the foundation is laid and the party wall is
23erected, or when the subsequent building is erected if all
24buildings are not erected at the same time.

25Section 2414. Nuisances.--Council may prohibit and abate
26public nuisances in accordance with Article XXVII-A.

27Section 2415. Regulation of Encroachments.--In compliance
28with applicable State laws and city ordinances, council may
29provide for the regulation of all encroachments in, under or
30upon any of the sidewalks or other portion of the streets of the

1city.

2Section 2416. Shade Trees.--(a) Council may, by ordinance,
3regulate the manner and method, if any, for the planting,
4trimming, removing, maintaining and protection of shade trees
5in, on and along or extending over the public streets, sidewalks
6and rights-of-way of the city, and provide for penalties for
7violations thereof. The cost of such activities may, at
8council's discretion, be assessed against the owners of the
9properties abutting the street, sidewalk or right-of-way upon
10which any tree is located pursuant to Article XLV-A, except that
11the cost and expense of caring for trees after they have been
12planted shall be paid by the city.

13(b) Council may, by ordinance, provide for the creation of a
14shade tree commission, its composition, powers and duties and
15delegate council's authority for regulating shade trees to the
16commission. Alternatively, council may delegate its regulatory
17powers for shade trees to an existing department. If a shade
18tree commission is established, its meeting shall be subject to
19the provisions of 65 Pa.C.S. Ch. 7 (relating to open meetings).

20Section 2417. Numbering of Buildings.--Council may require
21and regulate the numbering of buildings and lots.

22Section 2418. Transportation Stands.--Council may establish
23stands for taxis, buses, automobiles, and other vehicles for
24hire, and enforce the observance and use thereof.

25Section 2419. Police Force.--(a) Council shall have the
26power to establish and maintain a police force, and define the
27duties of the same in accordance with Article XX.

28(b) Subject to the requirements of 53 Pa.C.S. Ch. 23 Subch.
29A (relating to intergovernmental cooperation), council shall
30have the power to provide for police services to be performed by

1municipal police officers by contract or by purchase of the
2police services or by joining or developing a consolidated
3regional police service.

4Section 2420. Police Regulations.--Council may establish and
5enforce suitable police regulations for the protection of
6persons and property.

7Section 2421. Rewards.--Council may offer rewards for the
8arrest and conviction of persons guilty of capital or other
9crimes within the city.

10Section 2422. Prevent Riots.--Council may prevent and
11restrain riots, noises, disturbances or disorderly assemblies in
12any street, house or place in the city.

13Section 2423. Regulate Discharge of Guns and Deadly
14Weapons.--To the extent permitted by Federal and other State
15law, council may regulate, prohibit, prevent the discharge of
16guns and prevent the carrying of concealed deadly weapons.

17Section 2424. Racing; Dangerous Practices; Et Cetera.--With
18regard to streets and public places in the city, council may
19regulate or prohibit racing or fast driving of vehicles, and all
20games, practices or amusements likely to result in danger or
21damages to any person or property.

22Section 2425. Bathing; Recreational Swimming Establishments;
23Boat Houses and Bath Houses.--To the extent permitted by the act
24of June 23, 1931 (P.L.899, No.299), known as the "Public Bathing
25Law," council may regulate the time and place of bathing in
26rivers and other public water in and adjoining the city, and may
27construct, maintain and manage municipal boat houses, bath
28houses and recreational swimming establishments.

29Section 2426. Musical Entertainment.--Council may
30appropriate money to defray the expenses of musical

1entertainments held under the auspices of the city, and for the
2purpose of having music in any public park or place.

3Section 2427. Aid to Historical Societies.--Council may make
4annual appropriations for the support and maintenance of the
5principal historical society located in the city, which shall be
6incorporated under the laws of the Commonwealth, shall maintain
7permanent quarters and shall keep the same open to the public.

8Section 2428. Establishment of Institutions to Collect
9Educational Collections.--Council may establish institutions
10authorized to collect and hold certain scientific, educational
11and economic collections, the object of each being the
12instruction of the public concerning commerce, manufacturing,
13mining and agriculture. The institutions may purchase or accept
14by gift any real estate, money or personal property necessary
15for their use and promotion. The institutions may use, convey,
16or transfer the same as if they were bodies corporate, and these
17institutions shall be governed by boards of trustees, nominated,
18appointed and confirmed in the manner council may determine.

19Section 2429. Ambulances and Rescue and Life Saving
20Services.--Council may acquire, operate and maintain motor
21vehicles for the purposes of conveying sick and injured persons
22to and from hospitals, and it may appropriate moneys toward
23ambulance and rescue and life saving services and make contracts
24relating thereto.

25Section 2430. Insurance.--(a) Council, in its discretion,
26or as required by law or a collective bargaining agreement, may
27make contracts of insurance and contracts for annuities or
28pensions, including, but not limited to, the following:

29(1) Contracts of insurance with any mutual or other fire
30insurance company, association or exchange, duly authorized by

1law to transact insurance business in the Commonwealth of
2Pennsylvania, on any building or property owned by the city and
3contracts to insure against burglary or theft of city property,
4or against fire and other calamities, and against public
5liability.

6(2) Contracts of insurance with any insurance company, or
7nonprofit hospitalization corporation, or nonprofit medical
8service corporation, authorized to transact insurance business
9within this Commonwealth, insuring elected or appointed
10officers, officials and employes of the city, or any class or
11classes thereof, or their dependents, under a policy or policies
12of group insurance covering life, health, hospitalization,
13medical service or accident insurance.

14(3) Contracts to purchase annuities or pensions for elected
15or appointed officers, officials and employes, or any class or
16classes thereof.

17(b) In the case of contracts for the benefit of elected or
18appointed officers, officials and employes of the city, or any
19class or classes thereof, or their dependents, the city may, as
20determined by council, or as required by law or a collective
21bargaining agreement, pay part or all of the premiums or charges
22for the contracts.

23Section 2431. Parking Lots.--Council may acquire by lease, 
24purchase, or condemnation proceedings, land which in its 
25judgment may be necessary and desirable for the purpose of 
26establishing and maintaining lots for the sole purpose of 
27parking motor vehicles. Council may regulate the use of the land 
28including the posting of signs and may establish or designate 
29areas exclusively reserved for parking by persons with 
30disabilities. Such regulation of parking lots shall be
 

1consistent with 75 Pa.C.S. (relating to vehicles) and the act of 
2October 27, 1955 (P.L.744, No.222), known as the "Pennsylvania 
3Human Relations Act."

4Section 2432. Disorderly Conduct.--Council may, by
5ordinance, prohibit disorderly conduct within the limits of the
6city and provide for the imposition of penalties in accordance
7with this act. If an ordinance is enacted, it shall define
8disorderly conduct in a manner substantially similar to the
9provisions of 18 Pa.C.S. § 5503 (relating to disorderly
10conduct).

11Section 2433. Official Expenses on City Business.--Council
12may make appropriations for the reasonable expenses of city
13officials actually incurred in the conduct of city business.

14Section 2434. Municipality Authorities; Cooperation with
15Other Political Subdivisions.--(a) The council may by
16ordinance, individually or in cooperation with other
17municipalities or school districts, form municipal authorities
18as authorized by 53 Pa.C.S. Ch. 56 (relating to municipal
19authorities).

20(b) The council may by ordinance make cooperative agreements
21with regard to the performance of a city's powers, duties and
22functions in accordance with the provisions of 53 Pa.C.S. Ch. 23
23Subch. A (relating to intergovernmental cooperation).

24Section 2435. Local Self-Government.--The council of each
25city shall have power to enact, make, adopt, alter, modify,
26repeal and enforce in accordance with this act ordinances,
27resolutions, rules and regulations, not inconsistent with or
28restrained by the Constitution of Pennsylvania and laws of this
29Commonwealth, that are either of the following:

30(1) Expedient or necessary for the proper management, care

1and control of the city and its finances, and the maintenance of
2the peace, good government, safety and welfare of the city and
3its trade, commerce and manufactures.

4(2) Necessary to the exercise of the powers and authority of
5local self-government in all municipal affairs.

6Section 2436. Historical Property.--Council may acquire by
7purchase or by gift, and may repair, supervise, operate and
8maintain landmarks and other historical properties which are
9either eligible for listing or listed in the National Register
10of Historic Places, or certified by the Pennsylvania Historical
11and Museum Commission as having historical significance.

12Section 2437. Appropriations for Handling, Storage and
13Distribution of Surplus Foods.--(a) Council may appropriate
14from city funds moneys for the handling, storage and
15distribution of surplus foods obtained through a Federal, State
16or local agency.

17(b) All appropriations of moneys previously made by the
18council of any city for the handling, storage and distribution
19of surplus foods obtained, through a local, Federal, State or
20local agency, are hereby validated.

21Section 2438. Junk Dealers and Junk Yards.--Council may
22regulate and license junk dealers and the establishment and
23maintenance of junk yards and scrap yards, including, but not
24limited to, automobile junk or grave yards.

25Section 2439. Appropriations for Industrial Promotions.--
26Council may make appropriations to an industrial development
27organization as defined in section 2301 of the act of June 29,
281996 (P.L.434, No.67), known as the "Job Enhancement Act," when
29the city is located within the area for which the industrial
30development organization has been authorized to make application

1to and receive grants from the Department of Community and
2Economic Development for the purposes specified in Chapter 23 of
3the "Job Enhancement Act."

4Section 2440. Non-debt Revenue Bonds.--Consistent with and
5without limitation of any power conferred or duty imposed by 53
6Pa.C.S. Pt. VII Subpt. B, (relating to indebtedness and
7borrowing), council may issue non-debt revenue bonds pursuant to
8provisions of 53 Pa.C.S. Pt. VII Subpt. B.

9Section 2441. Appropriations for Urban Common Carrier Mass
10Transportation.--Council may appropriate funds for urban common
11carrier mass transportation purposes from current revenues and
12make annual contributions to county departments of
13transportation or to urban common carrier mass transportation
14authorities to assist the departments or the authorities to meet
15costs of operation, maintenance, capital improvements and debt
16service, and to enter into long-term agreements providing for
17the payment of the contributions.

18Section 2442. Appropriation for Nonprofit Art Corporation.--
19Council may appropriate moneys annually, not exceeding an amount
20equal to one mill of the real estate tax to any nonprofit art
21corporation for the conduct of its artistic and cultural
22activities. For the purposes of this section, "nonprofit art
23corporation" shall mean a local arts council, commission or
24coordinating agency, or any other nonprofit corporation engaged
25in the production or display of works of art, including the
26visual, written or performing arts. Artistic and cultural
27activities shall include the display or production of theater,
28music, dance, painting, architecture, sculpture, arts and
29crafts, photography, film, graphic arts and design and creative
30writing.

1Section 2443. Ratification and Validation of Real Estate
2Sales.--All deeds conveying title to real estate or interests
3therein from any city to any other party which are executed and
4delivered pursuant to an ordinance or resolution of the city
5council and which are not contested by an action filed in the
6court of common pleas of the county in which the city is located
7within six years of the date such deeds are recorded are hereby
8declared to be valid and to have fully and effectively conveyed
9the property and interests described therein in accordance with
10the terms thereof. No such deed shall thereafter be subject to
11attack in any court, agency or proceeding.

12Section 2444. Maintenance and Validation of Certain
13Records.--Except as otherwise may be required by any law
14governing the recording of documents with the recorder of deeds,
15all city records that are required to be recorded or copied
16shall be deemed valid if recorded or transcribed by any digital,
17photostatic, photographic, microphotographic, microfilm,
18microcard, miniature photographic, optical, electronic or other
19process which accurately reproduces the original and forms a
20durable medium for recording, storing and reproducing the
21original in accordance with standards, policies and procedures
22for the creation, maintenance, transmission or reproduction of
23images of records approved by the county or local government
24records committees, as applicable, and as otherwise provided by
25law. No city shall be required to retain original or paper
26copies of any documents after the documents are archived by any
27of the methods stated in this section or as otherwise provided
28by law. Where recording in a specific book is required, except
29for minutes or the proceedings of council, such records may be
30recorded, transcribed or otherwise assembled in an appropriate

1book, disk or other medium approved by resolution of council,
2and all records heretofore recorded and assembled in any manner
3are hereby validated.

4Section 2445. Rights Within Streets and Rights-of-Way.--(a)
5The power granted to a city in subsection (b) shall be exercised
6in compliance with Federal and State law and shall be subject to
7the power of the Pennsylvania Public Utility Commission, under
866 Pa.C.S. Pt. I (relating to public utility code) to regulate
9the business, facilities and service of public utilities,
10including determining the location and installation of utility
11facilities.

12(b) Council may consent to a public or private corporation
13or any other person using city streets and other properties,
14whether such use is within, on or over the streets or public
15property in question, for transportation purposes or for the
16purpose of installing and maintaining pipes, wires, fibers,
17cables or any other utility or service medium. Council may
18define a reasonable district or reasonable districts within
19which all electric or telephone wires, cables or any other
20utility or service medium are to be placed underground. A city
21shall pay just compensation to any property owner whose land has
22been acquired by the city for use as a right-of-way for purposes
23of this section. Just compensation shall be determined pursuant
24to 26 Pa.C.S. (relating to eminent domain).

25Section 2446. Emergency Services.--(a) The city shall be
26responsible for ensuring that fire and emergency medical
27services are provided within the city by the means and to the
28extent determined by the city, including the appropriate
29financial and administrative assistance for these services.

30(b) The city shall consult with fire and emergency medical

1services providers to discuss the emergency services needs of
2the city.

3(c) The city shall require any emergency services
4organizations receiving city funds to provide to the city an
5annual itemized listing of all expenditures of these funds
6before the city may consider budgeting additional funding to the
7organization.

8Section 2447. Charitable Purposes.--(a) Council may, by
9ordinance, create a city bureau or agency which bureau or agency
10may receive in trust, and city council may control for the
11purposes of the trust, all estate, moneys, assets and property,
12real and personal, which may have been or shall be bestowed upon
13it by donation, gift, legacy, endowment, bequest, devise,
14conveyance or other means, for charitable purposes.

15(b) Council may make appropriations to the agency or bureau
16for charitable purposes except as limited by the Constitution of
17Pennsylvania and laws of this Commonwealth.

18(c) As used in this section, "charitable purposes" shall
19mean the relief of poverty, the advancement of education, the
20promotion of health, governmental or municipal purposes, and
21other purposes the accomplishment of which is beneficial to the
22community.

23Section 188. Article XXV heading of the act is reenacted to
24read:

25ARTICLE XXV

26TAXATION

27Section 189. Article XXV subdivision (a) heading of the act
28is amended to read:

29(a) Assessments [and Revisions] of Property for Taxation

30Section 190. Sections 2501, 2502 and 2503 of the act are

1repealed:

2[Section 2501. Election of Assessor; Term; Removal;
3Qualifications.--The council of each city on the first Monday of
4January, one thousand nine hundred and fifty-two, and on the
5first Monday of January in every fourth year thereafter, or as
6soon thereafter as may be conveniently done, shall elect one
7person, resident of the city for at least five years previous to
8his election, a qualified elector thereof, and owner of real
9estate therein, at the time of his election and during the
10entire term of service, of the assessed value of at least five
11hundred dollars, as city assessor, to serve for the term of four
12years from the first Monday of January in the year in which he
13is elected. Any assessor may be removed from office by council
14and the vacancy thus occasioned may be filled in the manner
15hereinafter provided. Council shall not permit any person
16elected assessor to enter upon the duties of said office, nor
17continue in office, when he does not have and possess all of the
18qualifications aforesaid. For this purpose council shall have
19power, by a majority vote of all the members elected thereto, to
20declare the said office of assessor vacant at any time any
21person has not or ceases to have the qualifications aforesaid
22for the said office. They may thereupon fill the vacancy thus
23occasioned, in the manner hereinafter provided for the filling
24of vacancies.

25Section 2502. Oath of Assessor; Filling of Vacancies.--The
26said assessor shall, before entering upon his duties, take and
27subscribe the oath prescribed for municipal officers, and file
28the same with the city clerk. Any vacancy happening in said
29office shall be filled by appointment by council, for the
30unexpired term.

1Section 2503. Assistant Assessors; Compensation of Assessors
2and Assistants.--The council may, during each triennial year and
3in the intervening years, appoint such assistant assessors, to
4serve for such length of time as council may authorize, direct,
5or appoint by ordinance. Such assistant assessors shall be
6removable at the pleasure of council. The compensation or salary
7of the city assessor, and of the assistant assessors, if any,
8shall be fixed by ordinance.]

9Section 191. Sections 2503.1 and 2504 of the act, amended or
10added December 13, 1982 (P.L.1192, No.273), are repealed:

11[Section 2503.1. Definitions.--The following words and
12phrases when used in this act shall have, unless the context
13clearly indicates otherwise, the meanings given to them in this
14section:

15"Base year," the year upon which real property market values
16are based for the most recently citywide revision of assessment
17of real property or other prior year upon which the market value
18of all real property of the city is based. Real property market
19values shall be equalized within the city and any changes by the
20board of revision of taxes and appeals shall be expressed in
21terms of such base year values.

22"Board," the board of revision of taxes and appeals in cities
23of the third class.

24"Common level ratio," the ratio of assessed value to current 
25market value used generally in the county as last determined by 
26the State Tax Equalization Board pursuant to the act of June 27, 
271947 (P.L.1046, No.447), referred to as the State Tax 
28Equalization Board Law.

29"Established predetermined ratio," the ratio of assessed
30value to market value established by the city council and

1uniformly applied in determining assessed value in any year.

2Section 2504. Assessment of Property; Duties of Assessor.--
3(a) The assessor shall make, or cause to be made, during the
4year one thousand nine hundred fifty-four, and every third year
5thereafter, a full, just, equal, and impartial assessment of all
6property, taxable according to the laws of this Commonwealth for
7county purposes, and all matters and things within the city
8subject by law to taxation for city purposes, and a just and
9perfect list of all property exempt by law from taxation, with a
10just valuation of the same. But nothing hereinbefore contained
11shall be construed as making taxable for city purposes the
12classes of personal property which by law are made taxable
13exclusively for county purposes at the rate of four mills. With
14his assessment he shall return such dimension, description, or
15quality of each lot or parcel of land as will be sufficient to
16identify the same, together with the number and kind of
17improvements. At the triennial assessment, the assessor shall,
18if council so directs by ordinance, classify all real estate in
19the city, in such manner and upon such testimony as may be
20adduced before him, so as to distinguish between the buildings
21on land and the land exclusive of the buildings, and he shall
22certify to the council the aggregate valuation of all real
23estate subject to taxation for city purposes within each such
24classification. At the next triennial assessment following the
25effective date of this amending act, the assessor shall, if
26council by ordinance so directs, classify all real estate in
27such city in such manner and upon such testimony as may be
28adduced before him so as to distinguish between the buildings on
29land and the land exclusive of the buildings, and he shall
30certify to the council the aggregate valuations of all real

1estate subject to taxation for city purposes within each such
2classification.

3(b) In all cases he shall value, or cause to be valued, the
4property at the actual value thereof. In arriving at actual
5value the city may utilize the current market value or it may
6adopt a base year market value. In arriving at such value the
7price for which any property would separately bona fide sell, or
8the price at which any property may bona fide actually have been
9sold, either in the base year or the current taxable year, shall
10be considered, but shall not be controlling. Instead such
11selling price, estimated or actual, shall be subject to revision
12by increase or decrease to accomplish equalization with other
13similar property within the taxing district. It shall be the
14further duty of the assessor to return annually a list of all
15the inhabitants over eighteen years of age.

16(c) The board shall assess real property at a value based
17upon an established predetermined ratio which may not exceed one
18hundred per centum of actual value. Such ratio shall be
19established and determined by the city council after proper
20notice has been given.

21(d) In arriving at the actual value, all three methods,
22namely, cost (reproduction or replacement, as applicable, less
23depreciation and all forms of obsolescence) comparable sales and
24income approaches, must be considered in conjunction with one
25another.

26(e) The board shall apply the established predetermined
27ratio to the actual value of all real property to formulate
28assessment roll.]

29Section 192. Section 2504.1 of the act, added July 29, 1970
30(P.L.640, No.215), is repealed:

1[Section 2504.1. Temporary Tax Exemption for Residential
2Construction.--(a) As used in this section, the word
3"dwellings" means buildings or portions thereof intended for
4permanent use as homes or residences.

5(b) New single and multiple dwellings constructed for
6residential purposes and improvements to existing unoccupied
7dwellings or improvements to existing structures for purposes of
8conversion to dwellings, shall not be valued or assessed for
9purposes of real property taxes until (1) occupied, (2) conveyed
10to a bona fide purchaser, or (3) one year from the first day of
11the month in which falls the sixtieth day after which the
12building permit was issued or, if no building permit or other
13notification of improvement was required, then from the date
14construction commenced. The assessment of any multiple dwelling
15because of occupancy shall be upon such proportion which the
16value of the occupied portion bears to the value of the entire
17multiple dwelling.]

18Section 193. Section 2505 of the act, amended October 4,
191978 (P.L.950, No.188), is repealed:

20[Section 2505. Manner of Assessments.--The assessor may
21assess real estate in the name or names of the registered owner,
22actual owner (legal or equitable), reputed owner, owner of the
23life estate, occupier, vendor, vendees, or any person who has or
24has had any connection with the legal title thereof, or an
25interest in the premises, or has charge or control thereof;
26partnership property, in the name of the partnership or in the
27name of the partners, or any of them; trust property, in the
28name of the trustee or trustees, or any of them, or in the name
29of the cestui que trust; property of a minor, in the name of the
30minor or his guardian; property of a lunatic, in the name of the

1lunatic or his guardian or committee; and property formerly
2belonging to a person, since deceased, may be assessed in the
3name of the decedent, or in the name of the estate of said
4decedent, or of his administrator or administrators, executor or
5executors, or his heirs generally, or in the name of any
6administrator, executor, or heir; and in assessing the same in
7the names of the executors, administrators or heirs, it shall
8not be necessary to designate them by their christian or
9surnames; and other property not herein provided for may be
10assessed in the manner the same is assessed for county taxation.
11This provision shall not prevent the collection, under existing
12laws, of any tax assessed against property by a sufficient
13designation or description, where the same has been assessed in
14the name of any person or persons who are not the owners
15thereof. Where lands of owners are part within and part without
16the city limits, they shall be assessed in the same manner and
17within the same jurisdiction as if the same were being assessed
18for county purposes.]

19Section 194. Sections 2506, 2508, 2509, 2510, 2511, 2512,
202513, 2514, 2515 and 2516 of the act are repealed:

21[Section 2506. Duties of Assessors in Other Than Triennial
22Years.--In the years between triennial assessments, the said
23assessor shall perform the following duties with reference to
24the assessment of property and other matters and subjects of
25taxation, namely: He shall,

26(a) Assess any property which has been omitted, and correct
27any errors of law, fact or judgment which may have been made in
28making the triennial assessment;

29(b) Add to the assessment any property which has ceased to
30be exempt and any property acquired since the triennial

1assessment;

2(c) Add to the value of any real estate the value of any new
3building or other new improvements;

4(d) Deduct from the value of any property any loss caused by
5destruction, injury, or otherwise, howsoever;

6(e) Where tracts as assessed at the triennial assessment
7have been subdivided, equalize and apportion the assessment of
8the lands thus subdivided upon the basis of the value as fixed
9at the triennial assessments upon the whole lot or tracts;

10(f) Where any borough, township, part of a borough or
11township, or any tract or tracts of land, have been added to the
12city, since the last triennial assessment, make a full and
13impartial assessment of the property in the annexed district,
14and return the same in a like manner as if it were a triennial
15assessment;

16(g) When any property has been transferred or disposed of,
17make the proper changes, deductions or transfers upon the proper
18assessment books and duplicates;

19(h) Perform such other duties, as may be prescribed by
20ordinance, necessary to the making of proper assessments or
21valuations.

22Section 2508. Omitted Property to be Assessed; Liability of
23Owner for Back Taxes.--When the said assessor ascertains that
24any property is omitted, he shall assess the same for the
25omitted years, but not back further than and including the last
26year of the preceding triennial assessment. The person or party
27owning said omitted property shall be liable for the tax against
28the property for the omitted year or years, at the tax rate
29levied during the omitted year or years, and the proper
30authorities shall make out the proper tax and place the amount

1thereof in the hands of the city treasurer for collection.

2Section 2509. Clerks; Power to Administer Oaths;
3Inventories.--The assessor shall have the right to procure such
4books, maps, et cetera, as may be necessary to the performance
5of his duties, and, when authorized by council, may employ
6clerks for the purpose of transcribing and making duplicate and
7assessment books. He, and each of them, shall have power to
8administer oaths, and to require, under oath, of every taxable
9or person in charge or control of any property, an inventory of
10his taxable property, with his estimate of the just, full, fair,
11and impartial value thereof, and which, in his judgment, the
12same would bring at a fair public sale thereof. Such estimate
13shall not be conclusive, but shall be subject to revision by
14increase, decrease or equalization with other property.

15Section 2510. Information from Real Estate Registry Office;
16Sufficiency of Descriptions.--Where any city has established a
17registry of real estate by law, the assessor shall have the
18right to obtain from the official in charge of said registry
19such information as to the registered owners of real estate as
20said department is able to furnish, and under such rules and
21regulations as shall be established by ordinance of council. It
22shall be a sufficient description of any real estate in any
23assessment books or duplicates to designate the same by such
24city lot number, other number or designation, as is used on the
25registry.

26Section 2511. Time of Completion of Assessments.--The
27assessor shall complete his triennial assessment, and the annual
28assessments in intervening years, on or before the first day of
29September in each year, or as soon thereafter as practicable. He
30may, with the approval of the board of revision and appeals, add

1to the duplicates in the hands of the city treasurer any subject
2of taxation omitted therefrom, and rectify any and all errors
3and mistakes made therein.

4Section 2512. Liability for Neglect.--Any assessor or
5assessors who shall wilfully omit, neglect, or refuse to assess
6any property liable to taxation shall be held responsible to the
7city for any loss or damage caused thereby.

8Section 2513. Ordinances to Regulate Assessments, Transfers,
9Appeals, Et Cetera.--The council of each city may pass such
10ordinances as it may deem proper and necessary, providing for
11and regulating the manner of making the assessments, valuations,
12and transfers, and the taking of appeals to the board of
13revision and appeal, and regulating proceedings before said
14board on any and all matters not specifically provided for in
15this act.

16Section 2514. Board of Revision of Taxes and Appeals.--The
17council of each city shall constitute the board of revision of
18taxes and appeals, and the city clerk shall serve as clerk
19thereof.

20Section 2515. New Assessments.--The council, in any years
21other than a triennial year, if it shall deem a new assessment
22necessary, may, on or before the first day of May, issue its
23precept to the city assessor and by ordinance or resolution
24require him to make out and return a full, just, and equal
25assessment of property within the city, or such parts thereof as
26may be deemed advisable.

27Section 2516. Revision of Assessments.--The said board of
28revision of taxes and appeals shall take and receive the
29triennial and yearly assessment as returned by the city
30assessor, and may revise, equalize, and alter such assessments,

1in any and every year, by increasing or reducing the valuation
2either in individual cases or by wards, or parts of wards;
3rectify all errors, and add to the assessment book, and to the
4duplicate thereof in the hands of the city treasurer, any
5property or person subject to taxation omitted therefrom, and
6any real estate in such city which has been exempt from
7taxation, and has ceased to be occupied and used for the purpose
8or purposes which entitled it to such exemption, as taxable for
9the portion of the year commencing at the time when the right to
10exemption ceases. Such property shall thereupon become subject
11to taxation, at the rate fixed for the year, for the
12proportionate part of the year during which it is not entitled
13to exemption.]

14Section 195. Section 2516.1 of the act, amended July 29,
151970 (P.L.640, No.215), is repealed:

16[Section 2516.1. Additions and Revisions to Duplicates.--
17Whenever in any city there is any construction of a building or
18buildings not otherwise exempt as a dwelling after the city
19council has prepared a duplicate of the assessment of city taxes
20and the building is not included in the tax duplicate of the
21city, the authority responsible for assessments in the city
22shall, upon the request of the city council, direct the assessor
23in the city to inspect and reassess, subject to the right of
24appeal and adjustment provided by the act of Assembly under
25which assessments are made, all taxable property in the city to
26which major improvements have been made after the original
27duplicates were prepared and to give notice of such
28reassessments within ten days to the authority responsible for
29assessments, the city and the property owner. The property shall
30then be added to the duplicate and shall be taxable for city

1purposes at the reassessed valuation for that proportionate part
2of the fiscal year of the city remaining after the property was
3improved. Any improvement made during the month shall be
4computed as having been made on the first of the month. A
5certified copy of the additions or revisions to the duplicate
6shall be furnished by the city council to the city treasurer,
7together with their warrant for collection of the same, and
8within ten days thereafter the city treasurer shall notify the
9owner of the property of the taxes due the city.]

10Section 196. Section 2517 of the act is repealed:

11[Section 2517. Hearing of Appeals.--The board of revision of
12taxes and appeals may require the attendance of the assessor and
13assistant assessors, or any of them, or other citizens, before
14them for examination on oath or affirmation. It shall hear and
15determine all appeals by taxpayers from the assessments made by
16the city assessor, at such time and place as it may prescribe,
17conformably with law as to notice to the taxable and his filing
18of notice of intention to appeal.]

19Section 197. Section 2518 of the act, amended December 13,
201982 (P.L.1192, No.273), is repealed:

21[Section 2518. Notice to Taxables of Assessments; Appeals.--
22(a) The assessor shall give, or cause to be given, printed or
23written notice to each taxable of the city, whose property is
24newly assessed, or whose last previous assessment has been
25changed, of the amount of the present assessment, valuation and
26ratio and the new assessment, valuation and ratio. The said
27notice shall not be required to be given to any taxable whose
28property assessment was not changed as a result of any triennial
29assessment. The said notice shall also inform the taxable of the
30requirements of this section as to appealing from any

1assessment. Such notice may be served personally or by posting
2on the premises or by mailing the same to the last known address
3of the taxable.

4(b) Notice similar to that provided for in subsection (a)
5shall be given when the city changes the established
6predetermined ratio.

7(c) Any person dissatisfied or aggrieved by any assessment,
8or any change thereof, made by the assessor, may appeal to the
9said board of revision of taxes and appeals, by filing with the
10board a statement in writing of intention to appeal, setting
11forth:

12(1) The assessment or assessments by which such person feels
13aggrieved;

14(2) The address to which the board shall mail notice of when
15and where to appear for hearing.

16(d) The statement of intention to appeal shall be filed with
17the said board not later than thirty days after the notice of
18assessment has been mailed to the taxable at his last known
19address, or has been served upon him personally, or has been
20posted upon the premises. No appeal shall be permitted except
21upon such a statement of intention as herein required, nor may
22any taxable appeal as to an assessment not designated in his
23statement of intention to appeal. The board shall fix the time
24and place of hearing appeals and shall give at least five days
25notice to the taxable.

26(e) Any triennial assessment made prior to the effective
27date of this amending act, which did not change a property
28assessment, is hereby validated irrespective of whether or not
29written or printed notice of such assessment was given to the
30taxable.]

1Section 198. Section 2519 of the act is repealed:

2[Section 2519. Power of Assessor to Administer Oaths.--For
3the purposes of all hearings, and for all other purposes
4necessary to the discharge of his duties, the assessor shall
5have authority to administer oaths and affirmations touching any
6matter relating thereto.]

7Section 199. Sections 2520 and 2521 of the act, amended
8December 13, 1982 (P.L.1192, No.273), are repealed:

9[Section 2520. Custody of Assessment Books; Completion of
10Work of Board.--(a) The board of revision of taxes and appeals
11shall procure and have the custody and control of all books
12relating to assessment of city taxes, and keep them arranged
13according to wards and dates, and shall furnish the city
14assessor the necessary books for making the assessment, which,
15on the completion of such assessment, shall be returned to such
16board of revision of taxes and appeals. The board shall complete
17its labors, and the hearing and determination of all appeals, on
18or before the first day of December of each year, or as soon
19thereafter as practicable, after which the assessment shall be
20copied, by wards, into a tax duplicate or duplicates for the use
21of the city. The assessment, so corrected and copied, shall be
22and remain a lawful assessment for the purpose of city taxation
23until altered as provided in this article. The board shall give
24notice in writing within five days after its disposition of each
25appeal, advising the taxable of its decision.

26(b) In any appeal of an assessment the board shall make the
27following determinations:

28(1) The current market value for the tax year in question.

29(2) The common level ratio.

30(c) The board, after determining the current market value of

1the property for the tax year in question, shall then apply the
2established predetermined ratio to such value unless the common
3level ratio varies by more than fifteen per centum from the
4established predetermined ratio, in which case the board shall
5apply the common level ratio to the current market value of the
6property for the tax year in question.

7(d) Nothing herein shall prevent any appellant from
8appealing any base year valuation without reference to ratio.

9Section 2521. Appeals from Decisions of Board; Costs.--(a)
10Any owner of taxable property who may feel aggrieved by the
11decision of the board of revision of taxes and appeals as to the
12assessment or valuation of his taxable property may appeal from
13the decision of the board of revision of taxes and appeals to
14the court of common pleas of the county within which such
15property is situated, and, for that purpose, may present to said
16court, or file in the prothonotary's office, within sixty days
17after mailing notice to him that the board of revision of taxes
18and appeals have held the appeals provided for by law and acted
19on the said assessments and valuations, a petition signed by
20him, his agent, or attorney, setting forth the facts of the
21case. The court shall thereupon, after notice to the said board
22of revision of taxes and appeals, hear the said appeal and the
23proofs in the case, and make such orders and decrees touching
24the matter complained of as to the judges of said court may seem
25just and equitable, having due regard to the valuation and
26assessment made of other property in such city. The costs of the
27appeal and hearing shall be apportioned or paid as the court may
28direct. The said appeals shall not, however, prevent the
29collection of the taxes complained of, but in case the same
30shall be reduced, then the excess shall be returned to the

1person or persons who shall have paid the same.

2(b) In any appeal of an assessment the court shall make the
3following determinations:

4(1) The current market value for the tax year in question.

5(2) The common level ratio.

6(c) The court, after determining the current market value of
7the property for the tax year in question, shall then apply the
8established predetermined ratio to such value unless the common
9level ratio varies by more than fifteen per centum from the
10established predetermined ratio, in which case the court shall
11apply the common level ratio to the current market value of the
12property for the tax year in question.

13(d) Nothing herein shall prevent any appellant from
14appealing any base year valuation without reference to ratio.]

15Section 200. The act is amended by adding a section to read:

16Section 2522. Assessment Powers.--(a) With regard to the
17valuing and assessing of property for taxation within a city,
18the following shall apply:

19(1) If, on the effective date of this section, a city is
20utilizing the county assessment office for the valuation and
21assessment of property, the city shall continue to utilize the
22county assessment office for this purpose.

23(2) If clause (1) does not apply, council may appoint and
24employ persons to value and assess property for taxation within
25a city, following the procedures and methodologies set forth in
26the assessment law or laws applicable in the county in which the
27city is located, provided that the act of April 16, 1992
28(P.L.155, No.28), known as the "Assessors Certification Act,"
29shall apply to persons hired pursuant to this clause.

30(3) If clause (2) applies, a city may subsequently elect to

1utilize the county assessment office to value and assess
2property.

3(4) (i) A city, conducting its own assessments as
4authorized by clause (2), or utilizing the county assessment
5office pursuant to clause (1) or (3), may, by ordinance, adopt
6an established predetermined ratio different from that used by
7the county. The city shall apply the ratio selected to the
8actual valuation supplied by the county to determine assessed
9value for tax purposes. The established predetermined ratio
10selected by the city may not exceed one hundred per centum of
11actual value.

12(ii) As used in this clause, "established predetermined
13ratio" shall mean the ratio of assessed value to market value
14established by the city council and uniformly applied in
15determining assessed value in any year.

16(5) A city that is utilizing the county assessment office in
17accordance with clause (1) or which elects to utilize the county
18assessment office in accordance with clause (3) may not
19thereafter appoint and employ persons to value and assess
20property in accordance with clause (2).

21(b) In any case in which a city appoints persons to value
22and assess property, the following shall apply:

23(1) If the property being assessed is not wholly within the
24city limits, it shall be assessed in the same manner and within
25the same jurisdiction as if the same were being assessed for
26county purposes.

27(2) If a city has established a registry of real estate, it
28may obtain for purposes of assessment, from the official in
29charge of the registry, available information as to the
30registered owners of real estate, under rules and regulations as

1may be established by ordinance. It shall be a sufficient
2description of any real estate in any assessment books or
3duplicates to designate the same by such city lot number, other
4number or designation, as is used on the registry.

5(3) For purposes of assessment appeals, council shall
6constitute the board of revision of taxes and appeals and the
7city clerk shall serve as clerk thereof.

8(4) Except as authorized in this section, the city shall not
9exercise powers contrary to or in limitation or enlargement of
10powers granted by statutes that provide the substantive rules
11governing the making of assessments and valuations of property
12which are applicable to the assessment of property for taxation
13purposes under the county assessment law or laws applicable in
14the county in which the city is located.

15(5) A city conducting its own assessments pursuant to
16subsection (a)(2) shall establish and follow procedures that are
17consistent with similar procedures provided in the assessment
18law or laws applicable in the county in which the city is
19located, including, but not limited to, providing notice of an
20opportunity to appeal assessments, for taking appeals to and
21from the board of appeals and for the conduct of proceedings
22before the board.

23(c) A temporary tax exemption for residential construction
24shall be subject to the following:

25(1) New single and multiple dwellings constructed for
26residential purposes and improvements to existing unoccupied
27dwellings or improvements to existing structures for purposes of
28conversion to dwellings shall not be valued or assessed for
29purposes of real property taxes until:

30(i) occupied;

1(ii) conveyed to a bona fide purchaser; or

2(iii) one year from the first day of the month in which
3falls the sixtieth day after which the building permit was
4issued or, if no building permit or other notification of
5improvement was required, then from the date construction
6commenced.

7(2) The assessment of any multiple dwelling because of
8occupancy shall be upon such proportion which the value of the
9occupied portion bears to the value of the entire multiple
10dwelling.

11(3) As used in this subsection, the word "dwelling" means a
12building or portion thereof intended for permanent use as a home
13or residence.

14Section 201. The heading of subdivision (b) of Article XXV
15of the act is reenacted to read:

16(b) Levy and Collection

17Section 202. Section 2531 of the act, amended November 19,
181959 (P.L.1519, No.534), August 3, 1967 (P.L.199, No.63), June
1916, 1972 (P.L.443, No.135) and May 22, 1981 (P.L.71, No.20), is
20amended to read:

21Section 2531. Tax Levies.--(a) Council may, by ordinance, 
22levy and, in accordance with this act, provide for the 
23collection of [the following taxes:

241. A tax for general revenue purposes on all persons and
25property taxable according to the laws of the Commonwealth for
26county purposes: the valuation of such property to be assessed
27as hereinbefore provided.

282. An annual tax sufficient to pay interest and principal on
29any indebtedness incurred pursuant to the act of July 12, 1972 
30(P.L.781, No.185), known as the "Local Government Unit Debt

1Act," or any prior or subsequent act governing the incurrence of
2indebtedness of the city.

33. A residence tax for general revenue purposes, not
4exceeding five dollars annually, on all inhabitants above the
5age of eighteen years. Any ordinance of council fixing the rate
6of taxation for any year at a mill rate shall also include a
7statement expressing the rate of taxation in dollars and cents
8on each one hundred dollars of assessed valuation of taxable
9property.

104. The council of any city may, by ordinance, in any year
11levy separate and different rates of taxation for city purposes
12on all real estate classified as land, exclusive of the
13buildings thereon, and on all real estate classified as
14buildings on land. When real estate tax rates are so levied, (i)
15the rates shall be determined by the requirements of the city
16budget as approved by council, (ii) higher rates may be levied
17on land if the respective rates on lands and buildings are so
18fixed so as not to constitute a greater levy in the aggregate
19than a rate of twenty-five mills on both land and buildings, and
20(iii) they shall be uniform as to all real estate within such
21classification.

225. Where the city council by a majority action shall, upon
23due cause shown, petition the court of quarter sessions for the
24right to levy additional millage, the court, after such public
25notice as it may direct and after hearing, may order a greater
26rate than twenty-five mills but not exceeding five additional
27mills to be levied.] taxes on all property within the city that 
28is made taxable for city purposes and subject to valuation and 
29assessment by the county assessment office or the city, as 
30provided in subdivision (a), as follows:

1(1) A tax for general revenue purposes not exceeding thirty
2mills.

3(2) An annual tax sufficient to pay interest and principal
4on any indebtedness incurred pursuant to 53 Pa.C.S. Pt. VII
5Subpt. B (relating to indebtedness and borrowing) or any prior
6or subsequent act governing the incurrence of indebtedness of
7the city.

8(3) An annual tax, not to exceed five mills, to light the
9highways, roads and other public places in the city.

10(4) An annual tax for the purpose of maintaining and
11operating recreation places and programs.

12(5) An annual tax, not to exceed the sum of one-tenth of one
13mill, for the purpose of defraying the cost and expense of
14caring for shade trees and the administrative expenses connected
15therewith, or council may provide for such expenses by
16appropriation from the General Fund.

17(b) Council may, by ordinance, levy and, in accordance with
18this act, provide for the collection of a residence tax for
19general revenue purposes, not exceeding five dollars annually,
20on all inhabitants who are eighteen years of age or older.

21(c) With regard to the taxes authorized in subsection (a),
22the following shall apply:

23(1) Special purpose levies authorized in this section shall
24not be included in calculating the thirty-mill limit imposed by
25subsection (a).

26(2) Any ordinance fixing the rate of taxation for any year
27at a millage rate shall also include a statement expressing the
28rate of taxation in dollars and cents on each hundred dollars of
29assessed valuation of taxable property.

30(3) The council of any city may, by ordinance, in any year

1levy separate and different rates of taxation for city purposes
2on all real estate classified as land, exclusive of the
3buildings thereon, and on all real estate classified as
4buildings on land. When real estate tax rates are so levied:

5(i) The rates shall be determined by the requirements of the
6city budget as approved by council.

7(ii) The respective rates levied on land and buildings do
8not have to be equal but must be so fixed so as not to
9constitute a greater levy in the aggregate than a rate of thirty
10mills on both land and buildings.

11(iii) The rates shall be uniform as to all real estate
12within such classification.

13(4) Where the city council by a majority action shall, upon
14due cause shown, petition the court of common pleas for the
15right to levy additional millage for general revenue purposes,
16the court, after such public notice as it may direct and after
17hearing, may order a greater rate than thirty mills but not
18exceeding five additional mills to be levied.

19(5) (i) Notwithstanding council's power to authorize the
20transfer of an unexpended balance of an appropriation item
21pursuant to section 1804, when any moneys are collected for any
22special purpose, no city treasurer or council member may apply
23those moneys to any purpose other than that for which they were
24collected.

25(ii) Any city treasurer or council member who violates
26subclause (i) commits a misdemeanor of the third degree, and, in
27addition to the fine or penalty which may be imposed upon
28conviction, shall be required to pay restitution in the amount
29of moneys improperly spent.

30Section 203. Section 2531.1 of the act, amended November 26,

11982 (P.L.759, No.214), is amended to read:

2Section 2531.1. Exemptions from Taxation.--The council of 
3any city may, by ordinance or resolution, exempt any person 
4whose total income from all sources is less than [five] twelve 
5thousand dollars [($5,000)] ($12,000) per annum from any per 
6capita or [resident's] residence tax levied under this act. This 
7exemption shall not apply to real property taxes.

8Section 204. The act is amended by adding a section to read:

9Section 2531.2. Certification of Schedule.--For the purpose
10of delinquent tax collection and the filing of liens on property
11upon which the taxes, assessed and levied, have not been paid
12and have become delinquent, the treasurer shall certify
13schedules of unpaid taxes. The certification shall be made to
14the person designated by each taxing district for which the
15treasurer collects taxes.

16Section 205. Sections 2532, 2533 and 2534 of the act are
17repealed:

18[Section 2532. City Treasurer to Be Tax Collector.--The city
19treasurer, by virtue of his office, shall be the collector of
20the city, county, school, and institution district taxes,
21assessed or levied in the city by the proper authorities
22therein.

23Section 2533. Oath of City Treasurer as Collector of
24Taxes.--At the time the city treasurer enters upon his duties,
25he shall take and subscribe his oath of office as collector of
26city, county, school, and institution district taxes, which oath
27shall be filed with the city clerk.

28Section 2534. Office for Receipt of Taxes; Supplies.--The
29city treasurer, as collector of taxes, shall keep his office in
30the same place occupied by him as city treasurer, which shall be

1kept open for the receipt of taxes at all times during business
2hours. All printing and stationery supplies shall be furnished
3by the proper authorities, respectively.]

4Section 206. Section 2535 of the act, amended December 14,
51967 (P.L.828, No.355), is repealed:

6[Section 2535. Date of Delivery of Duplicate; Collection.--
7The council of each city and the county and county institution
8district authorities, now empowered or which may be hereafter
9empowered to levy taxes upon persons and property within the
10city, shall, within thirty days after the adoption of the budget
11or within thirty days after receipt of the assessment roll from
12the county whichever is later, make out and deliver their
13respective duplicates of taxes assessed to the city treasurer,
14as the collector of the said taxes, which shall be collected by
15the city treasurer, by virtue of his office as aforesaid. The
16proper school authorities shall make out and deliver the school
17duplicates of their respective taxes in such city at the time
18and in the manner provided by the school laws of the
19Commonwealth. All duplicates of taxes placed in the hands of
20said treasurer shall at all times be open to proper inspection
21of the taxpayers and of the proper auditing and examining
22officers of said city, county or school district, as the case
23may be, and shall be delivered by said treasurer at the
24expiration of his term to his successor in office.]

25Section 207. Sections 2536, 2537 and 2538 of the act are
26repealed:

27[Section 2536. Deposits.--The city treasurer as collector of
28taxes shall pay over to himself as city treasurer, in accordance
29with the provisions of the Local Tax Collection Law, all the
30city taxes collected by him. He shall at the same time deposit

1all the city taxes so paid over to him into a bank or financial
2institution, which shall be a city depository named by the city
3council. All such deposits shall be made in the name of the city
4treasurer as such, or in the name of the city, as council may
5provide.

6Section 2537. Tax Liens; Schedule of Uncollected Taxes;
7Liability for False Return.--Upon the settlement of the
8duplicates of city, county, institution district, and school
9taxes which by law are made a lien on real estate, the city
10treasurer, as collector of said taxes, shall make out schedules
11of said city, county, school, or institution district taxes
12uncollected upon his duplicates, or those delivered to him by
13his predecessor, with a brief description of the properties
14against which the same are assessed, for the purpose of having
15the same entered for lien or sold, according to law. The failure
16of the said collector to collect the said taxes from personal
17property, when the same could have been collected shall not
18impair the lien thereof or affect any sale made for the
19collection thereof. In case any such collector shall make any
20wilfully false return, he shall be liable therefor to any person
21or persons injured thereby.

22Section 2538. Certification of Schedule.--The schedule of
23unpaid city taxes shall be certified by the city treasurer, as
24collector of taxes, to the city solicitor for filing in court,
25with the like force and effect as if certified by the city
26treasurer under existing laws. The schedule of unpaid school and
27institution district taxes shall be certified to such officer or
28person as is now, or shall hereafter be, designated to receive
29the same for filing as a lien in court; and where no such person
30is designated, the said schedule may be certified to the

1solicitor of the authority levying the tax, who may cause the
2said taxes to be registered as a lien in court, under existing
3laws, and the certifying of the said schedules by the city
4treasurer, as a collector, shall in all cases have the like
5effect as if the same had been certified by the city treasurer,
6as aforesaid.]

7Section 208. Article XXV subdivision (c) heading of the act
8is reenacted to read:

9(c) Sales of Real Estate for Delinquent Taxes

10Section 209. Section 2541 of the act, amended April 29, 1998
11(P.L.294, No.47), is repealed:

12[Section 2541. Public Sale of Property to Satisfy Tax
13Claims.--(a) In addition to other remedies provided for the
14collection of delinquent city taxes, the city treasurer may sell
15at public sale, in the manner hereinafter provided, any property
16upon which the taxes, assessed and levied, have not been paid
17and have become delinquent, unless such property has already
18been purchased and is held for the benefit of all the tax
19levying authorities concerned.

20(b) For purposes of this section, taxes shall be considered
21delinquent thirty days after the final deadline for payment of
22such taxes for the current tax year.]

23Section 210. Section 2542 of the act is repealed:

24[Section 2542. Time of Holding Sales.--Such sales shall be
25made on the first Monday in June, in the year succeeding the
26year in which the respective taxes are assessed and levied, or
27on any day to which such sale may be adjourned, or on any first
28Monday of June in any succeeding year.]

29Section 211. The act is amended by adding a section to read:

30Section 2542.1. Public Sale of Property to Satisfy Tax

1Claims.--(a) Property upon which city real estate taxes have
2not been paid and have become delinquent may become subject to
3public sale in accordance with one of the following:

4(1) The act of July 7, 1947 (P.L.1368, No.542), known as the
5"Real Estate Tax Sale Law."

6(2) The Municipal Claim and Tax Lien Law.

7(b) The remedies authorized in this section shall be in
8addition to other remedies provided for the collection of
9delinquent city taxes, including an action in assumpsit.

10(c) Unless otherwise provided in the statutes referred to in
11subsection (a), taxes shall become delinquent thirty days after
12the final deadline for payment of such taxes for the current tax
13year.

14Section 212. Section 2543 of the act is amended to read:

15Section 2543. Certification of Schedules [of Taxes.--Where
16the treasurer has not already in his hands the duplicates of
17said taxes, or certificates or schedules thereof, any receiver
18or collector of taxes, or other person having such delinquent
19taxes in his hands, shall certify to the city treasurer
20schedules of all unpaid taxes, with descriptions of the property
21assessed.] to Treasurer.--At the request of the treasurer, any 
22person acting on behalf of the city who possesses a schedule of 
23unpaid city taxes shall certify the schedule to the treasurer 
24along with the description of property against which the unpaid 
25taxes were assessed.

26Section 213. Section 2544 of the act is repealed:

27[Section 2544. Advertisement of Sales.--The city treasurer
28shall advertise for sale any of the property upon which it
29appears the taxes have not been paid, as shown by the duplicates
30in his hands, or by the returns or schedules certified to him,

1as aforesaid. Said advertisement shall be made, once a week for
2three successive weeks prior to the day of sale, in at least two
3newspapers of general circulation, printed and published in the
4city, and, in case two newspapers are not published in said
5city, then publication shall be made in two newspapers printed
6and published in the county in which the city is situate. The
7city treasurer shall also cause to be posted or tacked, in a
8conspicuous place on each parcel or lot of land advertised for
9sale, at least ten days prior to the day of sale, a notice
10stating that said property will be sold by said treasurer, for
11delinquent taxes, on a certain day and time, and at a certain
12place within the city, for which posting of notice he shall
13receive and tax as costs twenty-five cents for each notice. No
14sale shall be valid where the taxes have been paid prior to said
15advertisement, or where the taxes and costs have been paid after
16advertisement and before sale.]

17Section 214. Section 2546 of the act is amended to read:

18Section 2546. Record of Sales [to be Kept; City May];
19Purchase [Lands at Sale.--] and Resale.--(a) The treasurer
20shall keep in [his] the treasurer's office, or in such other 
21place as council may direct, a [book, in which he shall enter]
22record of all the sales made [by him, giving a description of
23each property sold, the name of the person as the owner thereof
24as the same appears upon the duplicate, or has been returned to
25him, the time of sale and the price at which sold, together with
26the cost. The] pursuant to section 2542.1.

27(b) Notwithstanding any other provision of law, the city
28shall have the right to bid[, at any such sale, the amount of
29taxes and costs, and, if necessary, purchase such lands] on and 
30purchase properties sold pursuant to section 2542.1.

1(c) Properties purchased by the city under subsection (b) 
2may be sold in accordance with section 2402.1(b).

3Section 215. Sections 2547 and 2548 of the act are repealed:

4[Section 2547. Payment of Purchase Price by Purchaser;
5Resale for Default.--Any purchaser or purchasers at said
6treasurer's sale, except the city, as soon as the property is
7struck down, shall pay the amount of the purchase money, or such
8part thereof as may be necessary to pay all the taxes and costs,
9as also one dollar and fifty cents for the use of the
10prothonotary, for entering the report of the treasurer, filing
11surplus bond, and acknowledgment of the treasurer's deed, as
12hereinafter mentioned. In case said amount is not forthwith
13paid, after the property is struck down, the sale may be avoided
14and the property put up again by the city treasurer, at said
15sale or at any subsequent sale.

16Section 2548. Return of Sale.--The city treasurer shall
17promptly make a report and return to the court of common pleas,
18wherein he shall set forth, (a) a brief description of each
19parcel of real estate sold; (b) the name of the person (where
20known), in which the same is assessed; (c) the amount of tax,
21and the year for which the same was assessed; (d) the time when
22and the names of the newspapers in which the advertisement for
23sale was made, with a copy of said advertisement; (e) the time
24of sale; (f) the name of the purchaser; and (g) the price for
25which each respective property was sold.]

26Section 216. Section 2549 of the act, repealed in part June
273, 1971 (P.L.118, No.6), is repealed:

28[Section 2549. Confirmation of Sale; Disposition of
29Objections.--Upon the presentation of said report or return, if
30it shall appear to said court that such sale has been regularly

1conducted, under the provisions of this subdivision (c) of this
2article, the said report and sales so made shall be confirmed
3nisi; in case no objections or exceptions are filed to any such
4sale in the office of the prothonotary within ninety days from
5the date of such confirmation, a decree of absolute confirmation
6shall be entered, as of course, by the prothonotary. Any
7objections or exceptions to such a sale may raise the legality
8of the taxes for nonpayment of which the real estate was sold or
9the return thereof, or the validity of the sale for the reason
10that the tax was actually paid, or question the regularity or
11legality of the proceedings of the treasurer in any respect. In
12case any objections or exceptions are filed, they shall be
13disposed of according to the practice of the court, and, when
14the same are overruled or set aside, a decree of absolute
15confirmation shall be entered by the court. If such objections
16or exceptions are sustained and the court deems the defect not
17amendable, it shall, by its order or decree, invalidate the
18sale. If no objections or exceptions are filed as herein
19provided, or if such objections or exceptions are finally
20overruled and the sale confirmed absolutely, the validity of the
21assessment of the tax and the validity of the proceedings of the
22treasurer, with respect to such sale, shall not thereafter be
23inquired into judicially in equity or by civil proceedings by
24the person or persons in whose name such property was sold, his,
25her or their heirs, or his, her or their grantees or assigns,
26subsequent to the date of the assessment of the taxes for which
27such sale was made, and such sale, after the period of
28redemption shall be terminated, shall be deemed to pass a good
29and valid title to the purchaser as against the person or
30persons in whose name such property was sold, provided the

1purchaser has filed the bond for surplus moneys as hereinafter
2provided.]

3Section 217. Section 2550 of the act is repealed:

4[Section 2550. Filing of Surplus Bond.--After any sale of
5property or lands for delinquent taxes has been confirmed by the
6court, as aforesaid, the purchaser or purchasers, where the bid
7exceeds the taxes and costs as aforesaid, shall make and execute
8to the said treasurer for the use of the persons entitled, a
9bond for the surplus money that may remain after satisfying and
10paying all the taxes and costs, as aforesaid, with warrant of
11attorney to confess judgment annexed thereto. The treasurer
12shall forthwith file said bond in the office of the prothonotary
13of the proper county, at the number and term where said report
14and return is filed. The surplus bond, filed as aforesaid, from
15the time of the date of the deed for property thus sold, shall
16bind as effectually, and in like manner as judgments, the land
17by said treasurer sold, into whose hands or possession they may
18come. The owners of said lands at the time of sale, their heirs
19or assigns or other legal representatives, may, at any time
20within five years after such sale, cause judgment to be entered
21in said court upon said bond, in the name of said treasurer, for
22the use of said owners, their heirs, assigns or legal
23representatives, as the case may be. In case the moneys
24mentioned in said bonds, with legal interest thereon from the
25time it is demanded, be not paid within three months after such
26entry, execution may forthwith issue for the recovery thereof.]

27Section 218. Section 2551 of the act, amended August 17,
281951 (P.L.1262, No.299), is repealed:

29[Section 2551. Acknowledgment and Delivery of Deeds.--When
30the purchaser has paid the amount of his bid, or such portion

1thereof as he is required to pay under this subdivision, and has
2given the surplus bond as above required, the city treasurer
3shall make the said purchasers, his or their heirs or assigns, a
4deed in fee simple for the lands sold, as aforesaid, and the
5said deed or deeds duly acknowledge in the court of common
6pleas. Such acknowledgment shall be duly entered and recorded by
7the prothonotary of said court in the treasurer's deed book. For
8such service and the entry of the report of the city treasurer,
9and filing surplus bond, the prothonotary shall receive the sum
10of one dollar and fifty cents for each property sold.]

11Section 2194. Section 2552 of the act is repealed:

12[Section 2552. Acknowledgment of Receipt of Redemption
13Money.--Where the owner or other person interested in the land
14thus sold shall redeem the same, and pay the satisfaction fee,
15the city treasurer shall acknowledge the receipt of the
16redemption moneys upon the margin of the acknowledgment of the
17treasurer's deed, as the same is entered and recorded in the
18prothonotary's office. Thereafter said deed shall be void and of
19no effect. Thereupon such owner or persons interested shall be
20entitled to have the treasurer's deed delivered up to him, her
21or them by the purchaser for cancellation. The city treasurer
22shall pay to said purchaser all the moneys he had paid at the
23time of sale, together with the twenty-five per centum penalty
24thereon; and shall enter upon the book of sales kept by him, as
25hereinbefore provided, an acknowledgment or receipt showing that
26the owner or party interested redeemed the same, giving date of
27redemption and amount of money received.]

28Section 220. Article XXV subdivision (d) heading and section
292560 of the act are repealed:

30[(d) City Sales of Real Estate Purchased from Tax Claim Bureau

1Section 2560. Real Estate Purchased from Tax Claim Bureau.--
2Any city may, by ordinance, sell in the manner hereinafter
3provided, any real estate owned by the city which has been
4acquired by the city by purchase from a tax claim bureau at
5public sales held by said bureau pursuant to the provisions of
6the Real Estate Tax Sale Law, its amendments and supplements,
7upon which real estate the city held at the time of such sale a
8lien or liens for municipal improvements.]

9Section 221. Section 2561 of the act, amended April 6, 1998
10(P.L.236, No.44), is repealed:

11[Section 2561. Sale Procedure.--(a) After an ordinance has
12been passed authorizing and directing the sale of real estate as
13provided for in section two thousand five hundred sixty, the
14city treasurer shall advertise such proposed sale once a week
15for three successive weeks in at least one newspaper of general
16circulation in the city. The advertisement shall give a brief
17description of the property to be sold sufficient to identify it
18as to location and character, and the terms and conditions of
19sale shall ask for sealed bids for the purchase thereof, direct
20all bids to be sent to the city clerk on or before a certain
21date, and give any other information relating to such bids as
22may be necessary; shall announce that the bids shall be opened
23and read at a public meeting of council to be held at a time
24fixed, and that council shall have the right to reject any and
25all bids. In lieu of the above contents of the advertisement,
26the advertisement may give a brief description of the property
27to be sold, sufficient to identify it as to location and
28character, and provide for a public sale of the property to the
29highest responsible bidder, at such time and place as shall be
30designated by council, with the right reserved to council to

1reject any and all bids.

2(b) A city that elects to sell property to a nonprofit
3corporation for community development or reuse may waive the
4advertising and bidding requirements of subsection (a) only upon
5entering into a written agreement with the nonprofit corporation
6that requires the property to be used for industrial, commercial
7or affordable housing purposes. This exemption shall not apply
8to property on which existing governmental functions are
9conducted.]

10Section 222. Section 2562 of the act is repealed:

11[Section 2562. Delivery of Deed.--If council accepts the
12highest responsible bid for such property, the city treasurer
13shall, within twenty days after such acceptance and upon the
14receipt of the purchase money, deliver to the successful bidder,
15his heirs or assigns, a deed in fee-simple for the property sold
16as aforesaid, which shall be acknowledged by the mayor and
17attested by the city clerk.]

18Section 223. The act is amended by adding a section to read:

19Section 2562.1. Conduct of Tax Sales.--The procedures and
20requirements relating to the sale of property for delinquent
21taxes, including, but not limited to, the advertisement for and
22the time and conduct of the sale, the payment of the purchase
23price and the distribution of proceeds, making the return and
24confirmation of sale and the delivery of deed shall be governed
25by the act of July 7, 1947 (P.L.1368, No.542), known as the
26"Real Estate Tax Sale Law," or the Municipal Claim and Tax Lien
27Law as utilized by the city in accordance with section 2542.1,
28and by any applicable rules of court governing procedures for
29tax sales.

30Section 224. Article XXVI heading of the act is reenacted to

1read:

2ARTICLE XXVI

3LICENSES AND LICENSE FEES

4Section 225. Article XXVI subdivision (a) heading of the act
5is repealed:

6[(a) General Powers to License]

7Section 226. Section 2601 of the act, amended October 4,
81978 (P.L.950, No.188), is amended to read:

9Section 2601. [License Taxes for Revenue Purposes.--Council
10may, by ordinance, levy and collect a license tax for general
11revenue purposes, not exceeding one hundred dollars each,
12annually, on all photographers, auctioneers, contractors,
13druggists, hawkers, peddlers, produce or merchandise vendors,
14bankers, brokers, other than real estate brokers, undertakers,
15pawnbrokers, trading stamp or premium companies or dealers,
16warehouses or storage houses or places, parking lot operators,
17merchants of all kinds, persons selling or leasing goods upon
18installments, grocers, confectioners, butchers, wholesale meat
19dealers, restaurants, billiard parlors, bowling alleys, billiard
20tables, pool tables, and other gaming tables and devices; all
21motor buses and motor omnibuses, trackless trolley omnibuses and
22street railway cars transporting passengers for pay or hire
23within the limits of the city, or from such city only to points
24within a radius of ten miles of the city's boundaries; all
25skating rinks, operas, theatres, shows, circuses, menageries,
26and all kinds of public exhibitions for pay, except those for
27religious, educational or charitable purposes; all lumber
28dealers, persons who work on commission and all persons who make
29a business of buying lumber for sale at wholesale or retail; all
30furniture dealers, saddle or harness dealers, stationers,

1jewelers, livery or automobile or boarding-stable keepers; all
2market-house companies and owners of market-houses, garage
3companies, and owners of other than private garages, express
4companies or agencies; and all persons operating vehicles upon
5the streets of the city as carriers for hire or compensation,
6which persons regularly pick up or deliver or otherwise
7transport wholly within or to or from the city property at an
8annual rate not in excess of ten dollars per vehicle so used,
9but not to exceed one hundred dollars per annum from any person
10so operating: Provided, however, That in lieu thereof, the city
11may levy an annual license tax not in excess of one hundred
12dollars upon any such person having a place of business located
13within the city; and, where no other license tax is imposed, on
14telegraph, telephone, steam-heating, gas, natural gas, water,
15electric light or power companies, or agencies or individuals
16furnishing communication, light, heat or power, by any of the
17means enumerated, and to regulate the collection of the same. If
18any person, firm or corporation conducts a business at more than
19one location in a city, the business conducted at each location
20shall be considered and assessed as a separate and independent
21business, and shall be subject to a license tax: Provided, That
22the word "business," as used in this sentence, shall not be
23construed to mean or include any place of business at which the
24principal business conducted is that of selling, storing or
25distributing products manufactured by the firm, person or
26corporation operating the business. The taxes assessed under
27this section shall be in addition to all other taxes levied and
28collected by the city, county, or Commonwealth.] Licensing and 
29Regulatory Powers.--In addition to all other powers granted by 
30this act and other laws, each city shall have the specific
 

1licensing and regulatory authority provided by this article.

2Section 227. The act is amended by adding a section to read:

3Section 2601.1. Registration of Businesses or Occupations.--
4(a) Council may, by ordinance, designate the types or kinds of
5businesses or occupations located or carried out within the city
6that are subject to annual registration with the city.

7(b) Unless otherwise provided in this article, an ordinance
8requiring registration in accordance with this section may
9provide for an annual fee on businesses and occupations in an
10amount reasonably related to the administration of the
11registration program, not to exceed one hundred dollars.

12Section 228. Sections 2602 and 2603 of the act are amended 
13to read:

14Section 2602. Regulation of Motor Vehicles.--[Each city may
15regulate the transportation by motor vehicles not operated on
16tracks of passengers or property, for pay, within the limits of
17the city, or from points in the city to points beyond the limits
18of the city. In such regulation, the city may impose reasonable
19license fees, make regulations for the operation of vehicles,
20and may designate certain streets upon which such vehicles may
21only be operated.] (a) Subject to subsection (b), a city may 
22regulate transportation by motor vehicle.

23(b) A city shall have no authority to, and shall not,
24regulate transportation by motor vehicle in a manner that is
25preempted by or is inconsistent with applicable Federal and
26State laws and regulations, policies or orders of Federal and
27State regulatory agencies.

28(c) The following words and phrases when used in this
29section shall have the meanings given to them in this subsection
30unless the context clearly indicates otherwise:

1"Regulate." Licensing and making regulations for
2transportation by motor vehicle, including the designation of
3streets for transportation by motor vehicle.

4"Transportation by motor vehicle." The transportation, for
5pay, of passengers and property, within the limits of the city
6or from points in the city to points beyond the limits of the
7city, by a motor vehicle which is not operated on tracks.

8Section 2603. Licensing of Plumbers.--Council may license 
9and provide for the collection of a license fee from all 
10persons, [copartnerships] partnerships, associations, or 
11corporations engaged or engaging in the business or work of 
12plumbing or house drainage, who shall have been certified as 
13being qualified to engage in such business, in such manner as 
14may be provided by ordinance or the laws of the Commonwealth.

15Section 229. The act is amended by adding sections to read:

16Section 2604. Power to Regulate and License Transient
17Merchants.--(a) With regard to transient merchants, a city
18shall have power, by ordinance, to regulate and license the
19transient merchant, including, but not limited to, requiring
20that a license be procured prior to commencement of transient
21merchant activity.

22(b) An ordinance adopted pursuant to subsection (a) may
23impose a penalty not exceeding five hundred dollars for a
24violation of its provisions and may provide for other means of
25enforcement.

26(c) The amount of a transient merchant license shall not
27exceed two hundred fifty dollars for each month, or fractional
28part thereof, during which any sale or solicitation is
29continued.

30(d) (1) The term "transient merchant" as used in this

1section shall include all of the following:

2(i) Transient wholesale and transient retail businesses for
3the sale of goods, wares or merchandise within the city.

4(ii) Transient charitable solicitors for the solicitation of
5charitable contributions within the city.

6(2) The term shall not include any of the following:

7(i) Farmers selling their own produce.

8(ii) Persons selling donated goods, wares and merchandise if
9the proceeds of the sale are to be applied to any charitable or
10philanthropic purpose.

11(iii) A person selling bakery products, meat and meat
12products or milk and milk products, if that person is the
13manufacturer or producer of the products sold.

14Section 2605. Regulation of Special Events.--(a) In
15addition to other licensing and regulatory powers authorized in
16this article, council shall have the authority, by ordinance, to
17require a permit for and to reasonably regulate the conduct of a
18special event, which may include, but is not limited to, a music
19festival, concert, dance, circus, carnival, arts and craft show,
20parade, public assembly, demonstration, performance, exhibition,
21community event or block party.

22(b) Regulation of a special event pursuant to this section
23shall be for the purpose of protecting and preserving city and
24public property or for the purpose of promoting or protecting
25the public health, safety or welfare.

26(c) Pursuant to this section a city may reasonably regulate
27and require a permit for any of the following:

28(1) A special event that will result in the obstruction of a
29city street or sidewalk or that would compromise the ability of
30the city to respond to a public safety emergency.

1(2) A special event on any property wholly or partially
2owned or maintained by the city.

3(3) A special event on private property, if, in
4connection with the event, the city will be providing city
5services, including those relating to public safety, fire and
6sanitary facilities, to a degree over and above that which the
7city routinely provides.

8Section 230. Article XXVI subdivision (b) heading, sections
92610, 2611 and 2612, subdivision (c) heading, sections 2620,
102621 and 2622, subdivision (d) heading, sections 2630, 2631,
112632, 2633, 2634, 2635, 2636, 2637, 2638, 2639 and 2640 and
12subdivision (e) heading of the act are repealed:

13[(b) Restrictions

14Section 2610. Farmers.--No city shall levy or collect any
15license fee from any farmer upon his sales of his own produce in
16or about the streets of the city, but this provision shall not
17be deemed to restrict in any other way a city's power to
18regulate the conduct of such business.

19Section 2611. Insurance Business.--No city shall levy or
20collect any license fee upon insurance companies or their
21agents, or insurance brokers, authorized to transact business
22under the laws of the Commonwealth.

23Section 2612. Persons Taking Orders by Samples.--No city
24shall levy or collect any license fee or mercantile tax upon
25persons taking orders for merchandise by sample, from dealers or
26merchants for individuals or companies who pay a license or
27mercantile tax at their chief places of business. Nothing in
28this section shall authorize any person to sell by retail to
29others than dealers or merchants.

30(c) Transient Retail Merchants

1Section 2620. Power to Regulate and License.--Every city
2shall have power, by ordinance, to regulate and license each and
3every transient wholesale and retail business within such city
4for the sale of goods, wares, or merchandise, and to prohibit
5the commencement or doing of any such business until or unless
6the license required by such ordinance has been procured from
7the proper authorities by the person, firm or corporation
8desiring to commence such transient wholesale and retail
9business, and to enforce such ordinances by penalties not
10exceeding three hundred dollars and by other appropriate means.
11The amount of such license shall not exceed two hundred dollars
12for each month, or fractional part thereof, during which any
13such sale is continued.

14Section 2621. Exceptions.--Nothing contained in this
15subdivision (c) shall be construed to apply (1) to farmers
16selling their own produce, (2) to the sale of goods, wares, and
17merchandise, donated by the owners thereof, the proceeds whereof
18are to be applied to any charitable or philanthropic purpose, or
19(3) to any manufacturer or producer in the sale of bread and
20bakery products, meat and meat products, or milk and milk
21products.

22Section 2622. Commonwealth License Saved.--Nothing contained
23in this subdivision (c) shall be construed to relieve any
24person, partnership, or corporation from the duty of taking out
25a license, or from the payment of any license tax imposed or
26authorized by any other statute of this Commonwealth.

27(d) Public Dances and Dance Halls

28Section 2630. Definitions.--The term "public dance" or
29"public ball," as used in this subdivision (d), shall be taken
30to include any dance or ball conducted in connection with

1instruction in dancing for hire, and any dance or ball to which
2admission may be had by the payment of a fee or by the purchase,
3possession, or presentation of a ticket or token, or in
4connection with which a charge is made for caring for clothing
5or other property, and any dance or ball to which the public
6generally may gain admission with or without the payment of a
7fee.

8The term "dance hall" or "ball room," as used in this
9subdivision, shall be taken to include any room, place, or space
10in which a public dance or public ball, as herein defined, shall
11be held, and any room, hall, or academy in which classes in
12dancing are held and instruction in dancing is given for hire.

13Section 2631. Permits for Dances; Fees.--No person, persons,
14society, club, or corporation shall hold a public dance or
15public ball, within the limits of any city, without having first
16obtained a permit therefor from the mayor thereof, except for
17dances held and conducted by regularly established instructors
18in dancing in connection with such instruction.

19The fee for such permit, which shall be paid at the time of
20the issuing thereof, shall be one dollar for each public dance
21or ball.

22Section 2632. Dance Halls, Ball Rooms, and Academies to be
23Licensed; Fees.--It shall be unlawful to hold or conduct any
24public dance or public ball, or to hold or conduct classes in
25dancing, or to give instructions in dancing for hire, in any
26hall, ball room, or academy, within the limits of any city,
27unless the dance hall or ball room or academy, in which the same
28may be held, shall have been duly licensed for such purpose.

29Application for such license shall be made by the proprietor
30of such dance hall or ball room or academy to the mayor, who is

1hereby authorized to issue the same.

2The fee payable for each such license granted hereunder shall
3be as follows:

4In the case of dance halls maintained and conducted in
5connection with regularly established instruction in dancing,
6and exclusively used in such connection, the annual license fee
7shall be ten dollars.

8In the case of all other dance halls and ball rooms, the
9annual license fee shall be fifteen dollars.

10Each license granted hereunder shall expire on the first day
11of June of each year.

12The fee payable for each license granted hereunder shall be
13for the whole or any portion of a calendar year, and all moneys
14received by way of license fees hereunder shall be paid into the
15general fund of the city.

16Every licensed public dance hall or ball room or academy
17shall post its license in a conspicuous place within the hall
18where the dance is held.

19Section 2633. Mayor to Investigate Applications.--It shall
20be the duty of the mayor to cause an investigation of all
21applications for public dance hall or ball room licenses to
22determine whether or not the dance hall, ball room, or academy,
23sought to be licensed, complies with the rules, regulations,
24ordinances, and laws applicable thereto, and, in making such
25investigation he shall, when desired, have the assistance of any
26department of the government of the city.

27Section 2634. Safe and Proper Places only to be Licensed.--
28No license for a public dance hall or ball room or academy shall
29be issued until it shall be ascertained that the place for which
30it is issued complies with and conforms to all laws, ordinances,

1health and fire regulations, applicable thereto, and is a safe
2and proper place for the purpose for which it shall be used,
3properly ventilated, and supplied with sufficient toilet
4conveniences.

5Section 2635. Revocation of Licenses.--The license of any
6public dance hall or ball room or academy may be forfeited or
7revoked by the mayor for disorderly or immoral conduct on the
8premises, or upon proof that the dance hall, ball room, or
9academy was frequented by disorderly or immoral persons, or for
10the violation of any of the rules, regulations, ordinances, and
11laws governing or applying to public dance halls, ball rooms, or
12academies, or public dances. If at any time the license of a
13public dance hall, ball room, or academy shall be forfeited or
14revoked, at least three months shall elapse before another
15license or permit shall be granted for dancing on the same
16premises.

17Section 2636. Licensed Places to be Kept Clean.--All public
18dance halls or ball rooms or academies shall be kept at all
19times in a clean, healthful, and sanitary condition, and all
20stairways and other passages and all rooms connected with public
21dance hall, ball room, or academy shall be kept open and well
22lighted.

23Section 2637. Inspection of Licensed Places; Power of Police
24to Vacate.--All public dance halls, ball rooms, and academies
25shall be subject to inspection by the police department of the
26city at all reasonable times and whenever they are open for
27dancing, instruction in dancing, or for any other purpose.

28Any police officer shall have the power to cause the place,
29hall, or room where any public dance or ball is given to be
30vacated whenever any provision of any law or ordinance with

1regard to public dances and public balls is being violated, or
2whenever any indecent act shall be committed, or when any
3disorder of a gross, violent or vulgar character shall take
4place therein.

5Section 2638. Persons Under Sixteen to be Excluded after
6Nine O'clock Post Meridian.--It shall be unlawful, after nine
7o'clock post meridian, to permit any person to attend or take
8part in any public dance who has not reached the age of sixteen
9years.

10Section 2639. Halls to be Closed at One O'clock Ante
11Meridian.--All public dances shall be discontinued, and all
12public dance halls shall be closed, on or before the hour of one
13o'clock ante meridian: Provided, however, That upon the
14application of a bona fide organization or society, and upon an
15investigation by the proper authority, the mayor may grant such
16organization or society a permit to continue a dance until two
17o'clock ante meridian.

18Section 2640. Penalties.--Any person, persons, society,
19club, or corporation who shall violate any of the provisions of
20this subdivision (d), shall be subject to a penalty of twenty-
21five dollars, to be recovered with costs in a summary
22proceeding.

23(e) Parking Lots for Profit]

24Section 231. Section 2650 of the act, amended October 5,
251979 (P.L.195, No.64), is amended to read:

26Section 2650. Regulation[; Revenue; Bonding] of Parking Lot 
27and Parking Garage Operators.--(a) For the purposes of
28protecting the public [and of raising revenue], each city may
29enact suitable ordinances regulating the business of operating
30[for profit] for-profit parking lots and for-profit parking
 

1garages within the city [and may require such lots to reserve
2areas exclusively for parking by handicapped individuals.
3License or permit fees may be charged and collected from the
4operators of such parking lots]. Ordinances shall be consistent 
5with 75 Pa.C.S. (relating to vehicles). Each city may require 
6for-profit parking lots and for-profit parking garages to 
7reserve areas exclusively for parking by handicapped 
8individuals. Nothing in this section shall be construed to limit 
9the protections and prohibitions contained in section 202 of the 
10Americans with Disabilities Act of 1990 (Public Law 101-336, 104 
11Stat. 327), the act of October 27, 1955 (P.L.744, No.222), known 
12as the "Pennsylvania Human Relations Act," and the Federal and 
13State rules and regulations adopted in implementation of those 
14acts. License and permit requirements may be imposed on for-
15profit parking lots and for-profit parking garages and license 
16or permit fees may be charged and collected from the operators 
17thereof.

18(b) Any city adopting [such] a regulatory plan [shall
19require from each operator a bond to be approved by council for
20the protection of the public from loss of or damage to the
21vehicles parked, stored or placed under the jurisdiction of such
22parking lot operator.] applicable to for-profit parking lots and 
23for-profit parking garages shall have the authority to require 
24that each operator maintain insurance, from an insurer legally 
25authorized to conduct business in this Commonwealth, in amounts 
26not less than that which is prescribed by council for the 
27protection of the public from loss of or damage to the vehicles 
28parked, stored or placed under the jurisdiction of the operator 
29and against liability arising out of the ownership or use of the 
30parking lot or parking garage.

1Section 232. The act is amended by adding sections to read:

2Section 2651. Farmers.--No city shall levy or collect any
3license fee from any farmer upon sales of the farmer's own
4produce in or about the streets of the city. This section shall
5not restrict in any other way a city's power to regulate the
6conduct of a farmer's business.

7Section 2652. Insurance Business.--No city shall levy or
8collect any license fee upon insurance companies or their
9agents, or insurance brokers, authorized to transact business
10under the laws of this Commonwealth.

11Section 2653. Persons Taking Orders By Samples.--No city
12shall levy or collect any license fee or mercantile tax upon
13persons taking orders for merchandise by sample, from dealers or
14merchants for individuals or companies who pay a license or
15mercantile tax at their chief places of business. Nothing in
16this section shall authorize a person to sell by retail to
17persons other than dealers or merchants without payment of a
18license or permit fee.

19Section 2654. Commonwealth License Saved.--Nothing contained
20in this article shall be construed to relieve any person,
21partnership or corporation from the duty of taking out a license
22or from the payment of any license tax or fee imposed or
23authorized by any other statute, nor shall any Commonwealth
24license tax or fee preempt the registration, license or
25regulatory powers of a city in accordance with this article,
26unless the preemption is expressly authorized.

27Section 233. Article XXVII heading of the act is amended to
28read:

29ARTICLE XXVII

30[INDEBTEDNESS] REAL ESTATE REGISTRY

1Section 234. Sections 2701 and 2703 of the act are repealed:

2[Section 2701. No Unauthorized Debt to be Created.--No city
3and no municipal department thereof shall create any debt,
4except in pursuance of previous authority of law or ordinance.

5Section 2703. Liability in Bond Transfers.--All certificates
6of loans, issued by a city, shall be transferable by the legal
7owners thereof without any liability on the part of the transfer
8agents of the city to recognize or see to the execution of any
9trust, whether expressed or implied, or constructive, to which
10such loans may be subject, unless such transfer agents of the
11city shall have previously received notice, in writing, signed
12by or on behalf of the person for whom such loans appear by the
13certificate thereof to be held in trust, that the proposed
14transfer would be a violation of such trust.]

15Section 235. The act is amended by adding a section to read:

16Section 2704. Real Estate Registry.--(a) For the purpose of
17procuring accurate information in reference to the ownership of
18all real estate, the council of each city may provide, by
19ordinance, for a real estate registry in accordance with the act
20of October 9, 2008 (P.L.1400, No.110), known as the "Uniform
21Municipal Deed Registration Act." If required by the ordinance,
22every owner, subsequent purchaser, devisee or person acquiring
23title by partition or otherwise to any real estate in the city
24shall furnish, at the designated city office, descriptions of
25their respective properties upon blanks to be furnished by the
26city and, at the same time, present their conveyance to be
27stamped by the designated city official or employe, without
28charge, as evidence of its registration. A person who fails to
29register real estate as required by this article shall be liable
30for a penalty established by ordinance to be recovered, with

1costs of suit, in the name and for the use of the city, as
2penalties for the violation of city ordinances are recoverable.

3(b) A registry established in accordance with this article
4shall be in the form provided by council and may include books,
5maps and plans. The registry shall show the location and
6dimensions of each property in the city, as well as the street
7number of and the name of the owner or owners of the properties,
8and shall allow for the inclusion of the names of future owners
9and dates of future transfer of title.

10(c) A city official or employe charged with acquiring
11information necessary to establish and maintain the registry
12shall have free access, without charge, to any of the public
13records wherein the information may be obtained. The official or
14employe may also cause search to be made in any other place for
15any documentary or other evidence of title, not reported to the
16city official or employe pursuant to this article, if it is
17necessary for the completion of the registry.

18(d) The registry shall be preserved in the manner council
19shall designate, in accordance with 53 Pa.C.S. Ch. 13 Subch. F
20(relating to records).

21(e) The official or employe charged with the duty of
22maintaining the registry shall provide certified copies of any
23of the entries thereto, and the copies shall be received in
24evidence in the same manner as the original registry would be
25admissible. Certified copies also shall be furnished to any
26person for a reasonable fee.

27(f) The sheriff of the county in which the city is situated
28shall present for registry the deeds of all properties within
29the city limits sold by the sheriff at judicial sales, whether
30by execution, in partition or otherwise.

1(g) Each city's registry may be used as the lawful and
2proper source of property owners' or reputed owners' names for
3all lawful purposes including the filing of municipal claims.

4(h) Nothing in this section shall invalidate any municipal
5or tax claim by reason of the fact that the same is not assessed
6or levied against the registered owner.

7Section 236. The act is amended by adding an article to
8read:

9ARTICLE XXVII-A

10NUISANCE ABATEMENT

11Section 2701-A. Definitions.

12The following words and phrases when used in this article
13shall have the meanings given to them in this section unless the
14context clearly indicates otherwise:

15"Abatement." The removal, stoppage or destruction by any
16reasonable means of that which causes or constitutes a public
17nuisance.

18"Department." The department designated by the city council
19to determine the existence of and to abate a public nuisance in
20accordance with this article.

21"Owner." With regard to the property on which the alleged
22public nuisance exists, the owner of record based upon the
23city's real estate registry, if the city maintains a registry,
24or if the city does not maintain a real estate registry, on the
25tax assessment records of the city, if any, or of the county in
26which the city is located. The term may include any person in
27whom is vested all or any part of the legal or equitable title
28to the property or who has charge, care or control of the
29property as agent, executor, administrator, assignee, receiver,
30trustee, guardian, lessee or mortgagee in possession.

1"Property." Any personal property or any real property and
2any improvements thereto.

3"Public nuisance."

4(1) Any conduct or any property, or condition or use of
5property, defined or declared to be a public nuisance under
6any provision of this act or other law.

7(2) Conduct or property, or the condition or use of
8property if the department determines that it endangers the
9health or safety of, or causes any hurt, harm, inconvenience,
10discomfort, damage or injury to, any person or property in
11the city, by reason of the conduct or property, or the
12condition or use of the property, being any of the following:

13(i) A menace, threat or hazard to the general health
14and safety of the community.

15(ii) A fire hazard.

16(iii) A building or structure that is unsafe for
17occupancy or use.

18(iv) Property that is so inadequately or
19insufficiently maintained that it diminishes or
20depreciates the enjoyment and use of other property in
21its immediate vicinity to such an extent that it is
22harmful to the community in which the property is
23situated.

24(3) Unauthorized accumulations of garbage and rubbish
25and the unauthorized storage of abandoned or junked
26automobiles or other vehicles on private or public property,
27and the carrying on of any offensive manufacture or business.

28"Summary abatement." Abatement of a public nuisance by the
29city without prior notice to the owner of the property in
30accordance with this article.

1Section 2702-A. Report and investigation of public nuisance.

2(a) Designation of department.--Council shall designate the
3department to which reports of the existence of a possible
4public nuisance shall be made.

5(b) Criteria for investigating reports.--The designated
6department shall establish criteria for investigating reports
7made to it to determine the existence of a public nuisance. The
8reports may be submitted by any member of the public, any city
9employee or elected or appointed city official or result from
10inspections made by the department.

11(c) Notification.--If the department, either as a result of
12a report made to it or an investigation made by it, reasonably
13believes the reported property involves a building which appears
14to be structurally unsafe, it shall notify the city's building
15inspector or other appropriate official who shall cause the
16property to be inspected, subject to constitutional standards in
17a similar manner as provided in section 2308, and submit a
18written report to the department.

19(d) Determination.--Upon completing its investigation and
20receiving any written reports required by subsection (c), the
21department shall determine all of the following:

22(1) If a public nuisance exists.

23(2) If the public nuisance is of such a severe and
24substantial nature that it presents a clear, immediate and
25substantial danger to public health or safety or to the
26health or safety of any occupant of a property on which a
27public nuisance exists or of any property in the vicinity of
28the public nuisance, that it is sufficient to justify
29extraordinary and immediate action without prior notice to
30the owner of the property to avoid personal injury, death or

1substantial loss of property.

2(e) Retention of records.--Following an investigation, the
3department shall retain a copy of its findings including any
4reports made to it and any photographs of the property or
5condition investigated, pursuant to 53 Pa.C.S. Ch. 13 Subch. F
6(relating to records).

7Section 2703-A. Summary abatement.

8(a) General rule.--A city shall have the power to utilize
9summary abatement in accordance with this section.

10(b) Conditions.--In the case of a reported public nuisance,
11the department shall have authority to utilize summary abatement
12if all of the following occur:

13(1) The department determines the existence of the
14criteria in section 2702-A(d)(1) and (2).

15(2) The mayor, or the mayor's designee, provides express
16authorization to utilize summary abatement.

17(c) Notice not required.--If summary abatement is
18implemented pursuant to subsection (b), the department shall
19have the authority to enter upon the property for the purpose of
20abatement without prior notice to the owner of the property or
21to the holders of liens thereon.

22(d) Procedure.--The following shall apply:

23(1) Within ten days following a summary abatement, the
24department shall post on the property upon which the
25abatement has occurred a notice describing the action taken
26to abate the nuisance.

27(2) Within 20 days following a summary abatement, the
28department shall determine the identity of the owner of the
29property by reference to the city's real estate registry, if
30the city maintains a registry, or in the absence of a

1registry, by reference to county assessment records and the
2identity of the holders of all liens upon the property which
3are properly indexed among the records of the county and
4provide to the owner and to all lienholders written notice,
5by first class mail or hand delivery, of the action taken to
6abate the nuisance.

7(3) Within 30 days following a summary abatement, the
8department shall file with the city treasurer or other
9financial officer of the city designated by council a
10statement of costs of the abatement, which shall include the
11administrative fee and civil penalty provided by this
12article. After filing with the city treasurer, notice of the
13statement of costs shall be provided to the owner and
14lienholders in accordance with section 2704-A(b).

15Section 2704-A. Prior notice of abatement.

16(a) Abatement authority.--The department shall have the
17authority to abate a public nuisance with prior notice as
18provided by this section if, after inspecting the property or
19condition reported to be a public nuisance, subject to
20constitutional standards in a similar manner as provided in
21section 2308, the department determines, as provided for in
22section 2702-A(d)(1), that the public nuisance exists.

23(b) Method of notice.--

24(1) If the department proceeds with abatement pursuant
25to this section, it shall identify the owner of the property
26by reference to the city's real estate registry, if the city
27maintains a registry, or in the absence of a registry, by
28reference to county assessment records, and shall immediately
29serve a written notice on the owner by any of the following
30methods:

1(i) Personal service.

2(ii) Leaving a copy of the notice at the usual place
3of residence or business of the owner or the address of
4the owner shown in the city's real estate registry or in
5the records in the office of the recorder of deeds.

6(iii) Mailing a copy by United States certified
7mail, return receipt requested, to the owner at the
8owner's current address shown in the city's real estate
9registry or in the records in the office of the recorder
10of deeds.

11(2) If service of the written notice is unable to be
12perfected by any of the methods under paragraph (1), the
13department shall publish a copy of the notice in a newspaper
14of general circulation once a week for two consecutive weeks
15and shall provide a copy of the notice to the individual in
16possession of the property on which the department has
17determined that the public nuisance exists, or if there is no
18individual in possession of the property, the department
19shall post a copy of the notice at the structure, location or
20premises.

21(3) The department shall determine from the records in
22the offices of the recorder of deeds the identities of all
23lienholders of the property and serve a written notice on all
24lienholders by United States certified mail, return receipt
25requested.

26(c) Contents of notice.--The notice to the owner and
27lienholders shall state clearly and concisely the findings and
28determination of the department with respect to the existence of
29a public nuisance. The notice shall further state that the
30public nuisance shall be abated by the city at the expense of

1the owner unless it is otherwise abated within 30 days of the
2notice or within any extension of that period granted by the
3department.

4(d) Liability.--A person who is the owner of the premises,
5location or structure at the time a notice to abate a public
6nuisance is issued and served upon the person shall be
7responsible for complying with the notice and shall be liable
8for any costs incurred by the city in connection with the
9notice, notwithstanding if the person conveyed the person's
10interest in the property to another after the notice was issued
11and served.

12(e) Defense.--It shall not be a defense to the determination
13that a public nuisance exists that the property is boarded up or
14otherwise enclosed.

15Section 2705-A. Abatement by owner.

16(a) Duty of owner.--Within 30 days after written notice has
17been provided pursuant to section 2704-A(b)(1) or (2), the owner
18shall remove and abate the nuisance.

19(b) Extension.--The department, upon written application by
20the owner within the 30-day period referred to in subsection
21(a), may grant additional time for the owner to effect the
22abatement of the public nuisance, if the extension is limited to
23a specific time period.

24Section 2706-A. Appeal after notice; hearing.

25(a) Hearing.--A city shall, by ordinance, provide a
26procedure pursuant to which an owner of the property who has
27been served with a notice pursuant to section 2704-A(b)(1) or
28(2) may request and have a timely hearing on the question of
29whether a public nuisance in fact exists.

30(b) Appeal board.--Council, or a committee of three council

1members appointed by council, shall constitute the public
2nuisance appeals board which, if an appeal is taken, shall
3conduct the hearing on the question of whether a public nuisance
4in fact exists. The appeals board may uphold, amend or modify
5the determination of the department or extend the time for
6compliance with the department's order if the extension is
7limited to a specific time period.

8(c) Time limitations.--An appeal under this section shall
9toll the running of the period of time within which the nuisance
10is to be abated until a decision is rendered by the appeals
11board.

12Section 2707-A. Abatement by city after notice; statement of
13costs.

14If a public nuisance has not been abated at the expiration of
1530 days after notice has been provided or within the additional
16time as the department or appeals board may grant, taking into
17consideration the provisions of section 2706-A(c), the
18department shall have the authority to enter upon the property
19for the purpose of abatement. Upon abatement in accordance with
20this section, the department shall file with the city treasurer
21or other financial officer of the city designated by council a
22statement of costs of the abatement which shall include the
23administrative fee and civil penalty provided by this article.

24Section 2708-A. Assistance in abatement.

25In abating a public nuisance, the department may call upon
26any of the city departments or divisions for whatever assistance
27shall be deemed necessary or may abate the public nuisance by
28private contract.

29Section 2709-A. Salvage of material.

30If deemed practicable by the department, the department may

1salvage and sell at private or public sale any material derived
2from an abatement of a public nuisance. Pursuant to ordinance,
3all of the following shall apply to the proceeds obtained from
4the sale of any material salvaged as a result of an abatement:

5(1) The proceeds shall be deposited as directed by
6ordinance.

7(2) The proceeds may be applied against the amount of
8the costs, fees and penalties relating to the abatement.

9(3) If the amount of the proceeds exceeds the amount of
10the costs, fees and penalties, any excess shall be paid to
11the owner.

12Section 2710-A. Notice of assessment; appeal of charges.

13(a) Notice of assessment.--Upon receipt of the statement of
14costs from the department, either for a summary abatement
15pursuant to section 2703-A or for an abatement with notice
16pursuant to section 2704-A, the treasurer or other financial
17officer of the city designated by council shall, in accordance
18with section 2704-A(b), give notice of the amount set forth in
19the statement of costs to the owner and lienholders of the
20property upon which the public nuisance has been abated. The
21notice shall state that the city proposes to assess against the
22property the amount set forth in the notice and that objections
23to the proposed assessment must be made in writing and received
24by the designated officer within 20 days from the date of
25mailing the notice.

26(b) Lien.--Upon the expiration of the 20-day period, if no
27written objections have been received by the officer, the total
28amount of costs, fees and penalties specified in the statement
29of costs may be entered as a lien against the property on which
30the nuisance was abated and shall be collected in the manner

1provided for the collection of municipal claims and liens,
2subject to rights of appeal provided in this section.

3(c) Administrative review.--If objections of the owner or a
4lienholder are received by the designated officer prior to the
5expiration of the 20-day period, the officer shall refer the
6matter to the department for administrative review.

7(d) Procedure.--The city shall, by ordinance, provide a
8procedure by which the department shall make a determination
9regarding any timely filed objection and by which an appeal of
10the department's determination may be made to the appeals board
11referred to in section 2706-A(b).

12(e) Final administrative decision.--The determination of the
13appeals board shall be a final administrative decision within
14the city.

15(f) Reduction or cancellation of assessment.--The
16department, in administrative review, or the appeals board, on
17appeal, may reduce or cancel a proposed assessment if it is
18determined that any of the following did not conform to the
19provisions of this article:

20(1) The notice to remove the nuisance.

21(2) The work performed in abating the nuisance.

22(3) The computation of charges.

23(g) Elimination of civil penalty.--The department, in
24administrative review, or the appeals board, on appeal, may
25reduce a proposed assessment by eliminating the civil penalty
26portion of the statement of costs if any of the following
27applies:

28(1) The current owner did not own the property at the
29time the notice required in section 2703-A was posted.

30(2) The owner did not receive the notice to remove the

1nuisance, did not have knowledge of the nuisance and could
2not, with the exercise of reasonable diligence, have had
3knowledge of the nuisance.

4Section 2711-A. Personal liability of owner.

5Notwithstanding the right of the city to utilize in rem
6proceedings to pursue collection of the costs, fees and
7penalties in the statement of costs as a municipal claim, the
8person who is the owner of the property at the time of a summary
9abatement at which the notice required is given or, in the case
10of an abatement pursuant to section 2704-A, the person who was
11the owner of the property at the time notice of the existence of
12the public nuisance was given, shall be personally liable for
13the amount of the assessment, including all interest, other
14charges and, except as provided in section 2710-A(g), civil
15penalties.

16Section 2712-A. Administrative fee and civil penalties.

17Whenever a public nuisance is abated by the city, the
18statement of the costs of the public nuisance shall include the
19city's actual cost of abatement, plus an administrative fee, not
20to exceed 10%, and a civil penalty. For the first abatement of a
21nuisance upon any owner's property within the city in any two-
22year period, the civil penalty shall be $250. For second and
23subsequent abatements, upon any properties of any owner within
24the city during any two-year period, the civil penalty shall be
25$500. The increased civil penalty shall be imposed and collected
26regardless of whether the second and subsequent nuisances upon
27property or properties of an owner involve the same property or
28are of the same or different characters.

29Section 237. Article XXVIII heading of the act is amended to
30read:

1ARTICLE XXVIII

2[PROCEDURE FOR THE EXERCISE OF EMINENT DOMAIN AND THE

3ASSESSMENT OF DAMAGES AND BENEFITS BY VIEWERS]

4EMINENT DOMAIN

5Section 238. Sections 2801 and 2802 of the act are amended 
6to read:

7Section 2801. Exercise of Eminent Domain.--[In the] (a) In 
8addition to all other purposes for which a city may exercise the 
9power of eminent domain as authorized by this act or by other 
10laws of the Commonwealth, and subject to the duty to provide 
11just compensation, a city may acquire property by eminent 
12domain, including entering upon, appropriating, taking, using 
13and occupying private lands and property for any of the 
14following public purposes:

15(1) The laying out, opening, widening, extending, vacating,
16grading, or changing the grades or lines[,] of streets[, the].

17(2) The construction of bridges, and the piers, abutments
18and approaches therefor[, the].

19(3) The construction of slopes, embankments and storm water 
20sewers, including storm water drains[, the].

21(4) The erection and extension of [water-works] waterworks,
22wharves and docks, public buildings, public works, filtration
23plants, sewage systems, sewage treatment works, [garbage] waste
24disposal plants, [lands and places for the disposal of ashes and
25other refuse materials] including disposal of garbage, ashes and 
26other refuse materials and transfer facilities, gas plants,
27electric power and light plants, [houses of detention,
28workhouses, poor farms, poor houses,] fire [engine] houses,
29hospitals, public auditoriums, memorial buildings, public 
30transportation facilities, comfort stations, homeless shelters,

1waiting stations, communications facilities, drinking fountains,
2[and] libraries[, the] and other public buildings and public 
3works.

4(5) The establishing of recreation places[, and].

5(6) The changing of watercourses[, the].

6(7) The acquisition of lands, easements and property for use
7of the Pennsylvania National Guard[, and for all other purposes
8authorized by this act and the laws of the Commonwealth, a city
9may enter upon, appropriate, take, use, occupy, injure, or
10destroy, private lands, property, toll bridges, or material. All
11such action by the city shall be provided for by ordinance. A
12copy of each such ordinance shall be recorded within thirty days
13after its enactment in the office of the recorder of deeds in
14and for the county or counties wherein such property is situate,
15and shall be indexed in the name of the property owner affected
16thereby. A copy of the ordinance shall be sent by registered
17mail to each such property owner at his last known address.] in 
18accordance with sections 4413-A and 4414-A.

19(b) Eminent domain proceedings shall be subject to and
20conform with the provisions of 26 Pa.C.S. (relating to eminent
21domain).

22Section 2802. Restrictions as to Certain Property.--In
23addition to the restrictions made by other provisions of this
24act in particular cases or by any other provision of law, no
25city shall exercise the right of eminent domain as against land
26now occupied by any building which was used during the Colonial
27or Revolutionary period as a place of Assembly by the Council of
28the Colony of Pennsylvania, the Supreme Executive Council of the
29Commonwealth of Pennsylvania, or the Congress of the United
30States; or as against the land occupied by any fort, redoubt, or

1blockhouse[,] erected during the Colonial or Revolutionary
2period[,] or any building used as headquarters by the Commander-
3in-Chief of the Continental Army, or as against the site of any
4building, fort, redoubt, blockhouse, or headquarters[,] which
5are preserved for their historic associations and not for
6private profit. The Colonial and Revolutionary period shall be
7[taken as] deemed to have ended on the third day of September,
8one thousand seven hundred and eighty-three.

9Section 239. The act is amended by adding a section to read:

10Section 2803. Title Acquired.--Except as otherwise provided
11in law, if land or other real or personal property is acquired
12by a city in eminent domain proceedings or is acquired by gift,
13purchase or otherwise, the title obtained by the city shall be
14in fee simple absolute or like absolute ownership unless the
15parties agree otherwise in writing and the agreement expressly
16appears in a recorded deed affecting any real property acquired
17by the city or in the notice of condemnation.

18Section 240. Sections 2809 and 2823 of the act are repealed:

19[Section 2809. Value of Land or Property not to be Assessed
20as Benefits; Exception.--In all cases of the appropriation of
21land or property for public use, other than for streets, it
22shall not be lawful to assess any portion of the damage done to
23or value of the land or property so appropriated, against the
24other property adjoining or in the vicinity of the land or
25property so appropriated.

26Section 2823. Assessment of Damages and Benefits.--The
27damages may be paid, in whole or in part, by the city, or may be
28assessed, in whole or in part, upon the land or property
29benefited. In the latter case, the viewers having first
30determined the damages apart from the benefits shall assess the

1total cost of the improvement, or so much thereof as may be just
2and reasonable, upon the lands or properties peculiarly
3benefited, including in the assessment all parties for which
4damages have been allowed, and shall report the same to the
5court. The total assessments for benefits shall not exceed the
6total damages awarded or agreed upon.]

7Section 241. Section 2824 of the act is reenacted to read:

8Section 2824. Assessment Awards.--In proceedings to assess
9damages and benefits, if the land or property is both benefited
10and damaged by such improvements, the excess of damages over
11benefits, or the excess of benefits over damages, or nothing in
12case the benefits and damages are equal, shall be awarded to or
13assessed against the owner of land and property affected
14thereby.

15Section 242. Section 2850 of the act is repealed:

16[Section 2850. Title Acquired.--In all cases where land or
17property is acquired by the city in eminent domain proceedings
18other than for street purposes, or is acquired by gift, purchase
19or otherwise, the title obtained by the city shall be in fee
20simple or like absolute ownership: Provided, That in particular
21instances a different title may by agreement or consent be
22acquired.]

23Section 243. Article XXIX heading of the act is reenacted to
24read:

25ARTICLE XXIX

26STREETS

27Section 244. The heading of subdivision (a) of Article XXIX
28of the act is repealed:

29[(a) Plans and Location]

30Section 245. The act is amended by adding sections to read:

1Section 2901. Map of Streets.--Council may authorize and
2approve a comprehensive map of city streets which may, but need
3not, be a part of an official map adopted in accordance with the
4Municipalities Planning Code. If a comprehensive map of city
5streets is adopted, any street subsequently laid out in
6accordance with this act shall be deemed an amendment to the
7comprehensive map.

8Section 2902. Laying Out Streets.--(a) A city shall have
9the power to and may lay out streets by any of the following
10means:

11(1) By identifying the street on a comprehensive map of city
12streets, in an amendment to the comprehensive map or in a
13recorded subdivision or land development plan.

14(2) By an ordinance laying out any area for future opening
15as a public street.

16(b) If, at the time of the enactment of an ordinance in
17accordance with subsection (a)(2), the lines of the laid-out
18street include property not subject to use as a public
19passageway, the ordinance shall be filed with the recorder of
20deeds of the county where the city is located. The recorder of
21deeds shall index the ordinance by name of city, the name of the
22property owner and, if applicable, the parcel number of the
23property through which the proposed street is laid out.

24Section 2903. Effect of Laying Out of Street.--With regard
25to land not previously used by the city as a passageway for
26public travel, the laying out and locating of a street in
27accordance with this article shall not, in and of itself, do any
28of the following:

29(1) Authorize the entry upon or the appropriation of any
30property.

1(2) Constitute the opening of any street or the taking or
2acceptance of any land.

3(3) Obligate the city to improve or maintain the street or
4land.

5Section 2904. Improvements Within Laid-out Streets.--No
6permit shall be issued for any building within the lines of any
7street laid out pursuant to this article. No person shall
8recover any damages for the taking for public use of any
9building or improvements constructed within the lines of any
10street after the same shall have been included in the general
11plan or official map, and any building or improvement shall be
12removed at the expense of the owner.

13Section 246. Article XXIX subdivision (b) heading of the act
14is repealed:

15[(b) Opening, Widening, Extending, Straightening and Vacating]

16Section 247. Section 2915 of the act is amended to read:

17Section 2915. Power to Open, Etc.--[Cities] (a) With regard 
18to any street or any part of a street within city limits, a city 
19may, with or without any petition of property owners, [may] do 
20any of the following:

21(1) [open] Open, widen, straighten, alter, extend and
22improve[, and may].

23(2) [establish] Establish or reestablish the grades [of,
24and].

25(3) [keep] Keep in order and repair and in safe passable
26condition[, any street, or any part thereof, within the city
27limits, or may].

28(4) [vacate] Vacate and discontinue [the same] whenever
29deemed expedient for the public good[,].

30(5) With the approval of the Department of Transportation,

1vacate highways laid out by the Commonwealth within the city
2limits which have remained unopened for thirty years.

3(b) [and] A city may provide for the payment of the cost
4[thereof,] for any of the actions authorized in subsection (a),
5either in whole or in part, from the general revenues of the
6city. [Cities may vacate highways laid out by the Commonwealth
7within their limits, which highways have remained unopened for
8thirty years.]

9Section 248. Section 2916 of the act, amended June 14, 1961
10(P.L.362, No.197), is amended to read:

11Section 2916. Ordinances [when no] When No Petition is
12Presented.--[Any ordinance for](a) An ordinance shall be 
13enacted for the opening, widening, straightening, extending or
14vacating of any street, without petition of property owners,
15[shall be adopted] by the affirmative vote of [at least four
16members of any five member council, and under the mayor-council
17plan A of government adopted pursuant to the Optional Third
18Class City Charter Law, by the affirmative vote of at least five
19members of a seven member council and by the affirmative vote of
20at least seven members of a nine member council] a majority of 
21the whole number of members of the council plus one.

22(b) [No such ordinance shall be finally adopted] An 
23ordinance pursuant to subsection (a) shall not be finally 
24enacted until the expiration of twenty-eight days from the date
25of its introduction and, in the meantime, copies thereof shall
26be published in [one or more of the newspapers of the city,] a 
27newspaper of general circulation in the city once a week for
28three consecutive weeks, immediately following the introduction
29thereof, and in case no newspaper is published in the city, then
30in the same manner in one newspaper published in the county as
 

1required by section 109.

2Section 249. Sections 2917, 2918 and 2919 of the act are 
3amended to read:

4Section 2917. Erection of Improvements Restricted.--Any
5ordinance widening or straightening any street, or part thereof,
6shall fix the new line or lines and may require that thereafter
7no owner or builder shall erect any new building or rebuild or
8alter the front of any building already erected without making
9it conform to the new lines[. In], in which case the land
10owner's right of action shall accrue only when the city actually
11enters on and occupies the land within the [said lines, or the
12said] lines or the building is located or relocated to conform
13to [said] the lines.

14Section 2918. Petition for Opening, Etc.--(a) A petition 
15may be presented to council for the opening, widening, 
16straightening, altering, extending, vacating, or [for the] 
17establishing or reestablishing of the grade of any street[,]. 

18(b) A petition made pursuant to this section shall be signed 
19by a majority, in number and interest, of the owners of property 
20abutting on the line of the proposed improvement or vacation as 
21fixed at the time of presentation of the petition, and shall be 
22verified by the affidavit of one or more of the petitioners. The 
23majority in interest of owners of undivided interests in any 
24piece of property shall be deemed as one person for the purposes 
25of the petition.

26Section 2919. Notice of [Ordinance and] Petition[;
27Appeal].--[Upon the approval of] After the presentation of the 
28petition presented in accordance with section 2918, and 
29council's determination of the adequacy of the petition, but 
30before final enactment of any ordinance [passed] enacted

1pursuant to [said] the petition, notice shall be [given, once a
2week in one] published in a newspaper of general circulation 
3once a week for three consecutive weeks as required by section 
4109, [as required by section one hundred and nine of this act,]
5and [by] handbills shall be posted in conspicuous places along
6the line of the proposed improvement. The notice and handbills 
7shall state the fact [of the passage of the ordinance, and the
8date thereof,] that the petition for the improvement was signed
9by a majority in interest and number of the owners of property
10abutting the line of the proposed improvement, and that any
11person interested may [appeal to the court of common pleas of
12the county within thirty days after the passage of the said
13ordinance.] provide comments at a public hearing to be held at a 
14date, time and place as stated in the published notice and 
15handbills. If, after the hearing, council determines to proceed 
16with the consideration of an ordinance pursuant to the petition, 
17it shall publish notice of the ordinance and incorporate 
18reference to any maps or drawing, in accordance with subdivision 
19(a.1) of Article X.

20Section 250. Section 2920 of the act is repealed:

21[Section 2920. Appeal from Ordinance.--Any person interested
22may, within thirty days from the passage of the ordinance,
23appeal from the validity of the ordinance to the court of common
24pleas questioning the legality of the petition for improvement
25or of the said ordinance or of both. If said court shall find
26the petition or ordinance materially defective under the law, it
27shall declare the ordinance void, otherwise it shall approve the
28same.]

29Section 251. Section 2921 of the act, repealed in part June
303, 1971 (P.L.118, No.6), is repealed:

1[Section 2921. Effect of Failure to Appeal.--The parties
2interested shall not question the legality of the petition and
3ordinance in any manner or matter or at any time whatever,
4except as provided in section two thousand nine hundred and
5twenty of this act.]

6Section 252. Section 2922 of the act is amended to read:

7Section 2922. Assessment of Damages and Benefits.--[In any
8proceedings under this subdivision of this article,] If 
9necessary, in any proceedings to exercise one of the powers 
10given in section 2915, viewers shall be appointed, damages
11awarded, and benefits assessed as provided in 26 Pa.C.S. 
12(relating to eminent domain) or as provided in this act for
13[such proceedings] the assessment of benefits.

14Section 253. Article XXIX subdivision (c) heading of the act
15is repealed:

16[(c) Grading, Paving, Macadamizing, Et Cetera]

17Section 254. Sections 2930 and 2931 of the act are amended 
18to read:

19Section 2930. Power to Grade, Pave, Macadamize, Et Cetera.--
20(a) Every city may grade, pave, macadamize or otherwise[,]
21improve any street, or part thereof, and the sidewalks thereof
22when included as a part of the improvement, have the same set
23with curbstone, and provide for the drainage thereof.

24(b)  Every city may also provide for the improvement of any
25[highway, or] street, or any sections or parts thereof, in
26length, in the space between the curb, gutter, or [actual
27carriage-way line] cartway and the property line, either by an
28original work or improvement thereon, or by a change, repair,
29renewal, or alteration in the [said] street or curb, or in
30parking spaces, or shade trees, or by changing, altering,

1renewing, replanting, pruning, or otherwise [improving the same,
2in any or all of said particulars] making improvements therein.

3Section 2931. Payment of Cost of Improvement.--The costs and
4expenses of [things] the improvements done under [section two
5thousand nine hundred and thirty of this act] section 2930 shall
6be paid, in whole or in part, by the city, or by the owners of
7real estate bounding and abutting thereon, which cost and
8expense upon the abutting real estate shall be assessed
9[according to the foot-front rule, or according to the benefits,
10as council shall, by ordinance, determine, except that in case
11of grading only, the said costs and expense shall be assessed
12according to benefits] in accordance with Article XLV-A.

13Section 255. Sections 2932, 2933 and 2934 of the act are
14repealed:

15[Section 2932. Assessment of Cost by Foot-Front Rule.--When
16the costs and expenses, or any part thereof, are to be paid for
17by the foot-front rule, the council shall assess or cause to be
18assessed the said cost and expenses upon the real estate
19bounding or abutting on the line of the improvement, by an equal
20assessment on said property in proportion to the number of feet
21the same fronts on the respective street, or part thereof, to be
22improved. The council may provide for an equitable reduction
23from the frontage of lots at all street, railroad, or like
24intersections, or where, from the peculiar or pointed shape of
25the lots, an assessment for the full frontage would be
26inequitable.

27Section 2933. Assessment of Costs According to Benefits.--
28When the cost and expenses, or any part thereof, of any grading,
29paving, macadamizing, or other improvement of any street, or
30part thereof, is to be paid for by the owners of real estate

1abutting or bounding thereon as aforesaid, according to
2benefits, the same shall be assessed by viewers appointed by the
3court of common pleas, as provided in this act for the
4assessment of benefits by viewers.

5Section 2934. Ordinance for Improvement at Expense of
6Property Owners upon Petition.--Council may, by ordinance,
7provide for the paving, macadamizing, grading, or other
8improvement of any street, or part thereof, at the cost and
9expense of the abutting property owners in whole or in part,
10upon the petition therefor of a majority in number or interest
11of the owners of property abutting or bounding on the line of
12the proposed improvement, to be verified by the affidavit of one
13or more of the petitioners. A majority in interest of owners of
14undivided interests in any piece of property shall be deemed and
15treated as one person for the purpose of said petition.]

16Section 256. Section 2935 of the act, amended June 14, 1961
17(P.L.362, No.197), is repealed:

18[Section 2935. Ordinance for Improvement at Expense of
19Property Owners without Petition.--Council may, by ordinance,
20provide for the paving, macadamizing, grading or other
21improvement of any street, or part thereof, at the cost and
22expense of the abutting property owners, in whole or in part,
23without petition therefor of abutting property owners if the
24ordinance for such improvement has been passed by the
25affirmative vote of four members of any five member council, and
26under the mayor-council plan A of government adopted pursuant to
27the Optional Third Class City Charter Law, by the affirmative
28vote of at least five members of a seven member council and by
29the affirmative vote of at least seven members of a nine member
30council. Such ordinance shall not be passed in a less period

1than twenty-eight days from the date of its introduction; and,
2in the meantime, copies of such ordinance shall be published, in
3one or more newspapers, once a week for three weeks, in the
4manner required by section one hundred and nine of this act. The
5requirements for such publication shall not, however, preclude
6the amendment of any paving ordinance as to the kind of pavement
7with which any street, or part thereof, or sidewalk, is proposed
8to be paved.]

9Section 257. Sections 2936 and 2937 of the act are repealed:

10[Section 2936. Appeal from Ordinance.--Any person affected
11may appeal from said ordinance in the manner and time and with
12the effect provided for in sections two thousand nine hundred
13twenty and twenty-one of this act.

14Section 2937. Assessment of Damages and Benefits.--In any
15proceedings under this subdivision of this article where the
16cost and expense of the improvement is not assessed by the foot-
17front rule, viewers shall be appointed, damages awarded, and
18benefits assessed as provided in this act, for such
19proceedings.]

20Section 258. Section 2938 of the act is amended to read:

21Section 2938. Preparation of Streets for Paving or
22Repairing.--(a) Council may provide, by ordinance, for the
23laying, renewing, and repairing of all gas, water, steam, or
24other pipes, or conduits[,] in any street, before the paving,
25repaving, or repairing of the same, and for making the necessary
26[house] connections with [said] the pipes[, and also for].

27(b) With regard to main or lateral sewers, council may 
28provide for the necessary [house] connections and branches [with
29and] leading into main or lateral sewers[: Provided, That in no
30case, except as a sanitary measure, of which council shall be

1the judge, shall council require such house connections to be
2extended further from such sewers, or from such gas, water,
3steam, or other pipes, or conduits, than to the inner line of
4the curbstone of such street Council may,].

5(c) With regard to connections requiring extensions from
6sewers or from gas, water, steam or other pipes or conduits,
7council may not require private utility companies to make
8extensions beyond the inner line of the curbstone of the street
9unless it determines that it is necessary to do so as a sanitary
10measure.

11(d) If, after notice to all companies, corporations,
12persons, and owners affected[, and in default of compliance
13therewith, cause said pipes to be laid, renewed, or repaired,
14and said connection made,] of the necessity for the laying, 
15renewing and repairing of gas, water, steam or other pipes or 
16conduits in a street and the necessity of making necessary 
17connections, prior to the proposed paving, repaving or repairing 
18of the street, there is a failure to comply, council may perform 
19work and may collect the cost of paving[, and repairing all
20pipes and pipe connections, from the companies, corporations, or
21persons owning or operating the said gas, water, steam, and
22other pipes or conduits,] or repaving, or repairing of the pipes 
23or conduits, with interest[; and the], from the companies, 
24corporations, persons and owners affected. The cost of the sewer
25connections shall be a first lien against the land for whose
26benefit [such] the connections are made. A separate lien may be
27filed therefor, or [such] the sewer connection cost may be
28included in any lien filed for the cost of [such] the street
29improvement, and the lien and the proceedings thereon shall be
30as in the case of other municipal liens.

1Section 259. Section 2939 of the act, amended September 26,
21951 (P.L.1515, No.379), is amended to read:

3Section 2939. Highways in Cities.--Wherever in this act a
4city is given powers, rights and duties as to its streets or
5sections thereof, the same shall extend as well to highways or
6sections thereof which are also streets of the city, to the
7extent that the city is legally responsible for them, pursuant 
8to agreement or otherwise, excepting damages to abutting
9property owners for acts of the Commonwealth unless the city
10shall assume them, under this act or the [State Highway Law.] 
11act of June 1, 1945 (P.L.1242, No.428), known as the "State 
12Highway Law." The use of the word "street" in this act shall to
13that extent include highways.

14Section 260. Article XXIX subdivision (d) heading of the act
15is repealed:

16[(d) Grade Crossings]

17Section 261. Section 2950 of the act is amended to read:

18Section 2950. [Consent of Public Utility Commission] Grade 
19Crossing; Pennsylvania Public Utility Commission; Jurisdiction; 
20Damages.--(a) Every city constructing a street across a
21railroad shall construct the same above or below the grade
22thereof, unless permitted by the Pennsylvania Public Utility
23Commission to construct the same at grade.

24(b) Any new construction of a street crossing a railroad, or
25any vacation of any street crossing a railroad, shall be
26constructed or vacated only in a manner consistent with the
27rules and regulations and under the jurisdiction of the
28Pennsylvania Public Utility Commission. The compensation for
29damages to the owners of adjacent property taken, injured or
30destroyed by the construction of a street crossing a railroad or

1any vacation of any street crossing a railroad shall be
2ascertained, fixed and paid in a manner consistent with 66
3Pa.C.S. Pt. I (relating to public utility code).

4Section 262. Section 2951 and Article XXIX subdivision (e)
5heading of the act are repealed:

6[Section 2951. Public Utility Commission; Jurisdiction;
7Damages.--Any such crossings of a railroad by a street, or any
8vacation of any street crossing a railroad, shall be constructed
9or vacated only in the manner prescribed by, and under the
10jurisdiction of, the Public Utility Commission. The compensation
11for damages to the owners of adjacent property taken, injured or
12destroyed shall be ascertained, fixed, and paid in the manner
13prescribed in the Public Utility Law.

14(e) Acquisition of Unobstructed View Across Lands]

15Section 263. Section 2955 of the act is amended to read:

16Section 2955. Acquisition of Unobstructed Views.--Any city
17may acquire, by purchase or by the right of eminent domain, a
18free and unobstructed view down and across lands located at or
19near intersections or curves of streets, railroads or railways,
20[or curves of any of them, as may be necessary,] to assure a
21free and unobstructed view in all directions at [such places,]
22the intersections or curves and to prevent the use of [such] the
23lands over and across which the view was acquired for any
24purpose or in any manner which may interfere with or obstruct
25the vision of any person or persons traveling upon any [such]
26street within the city. [Upon any such condemnation, the city
27having instituted the condemnation proceedings shall file with
28the recorder of deeds a plan, showing the property condemned and
29such other detailed information as may be deemed necessary and,
30after the same is filed, said city may, from time to time, abate

1or remove, or cause to be abated or removed, any obstruction to
2such view over and across such lands.

3The proceedings for the condemnation of such view over and
4across such lands, and for the assessment of damages for
5property taken, injured or destroyed, shall be in the manner
6provided in this act for property taken, injured or destroyed.

7Upon the condemnation of a view over and across any lands for
8the purposes aforesaid, the owner of such lands may make every
9such use thereof as will not interfere with a free and
10unobstructed view at such intersection or curve. Unless
11specially provided for in such condemnation proceedings, such
12condemnation shall not be construed to prevent the owner thereof
13from using such land for pasture or the growing of grass, oats,
14wheat, or other crops which will not obstruct the vision more
15than wheat.]

16Section 264. Article XXIX subdivision (f) heading of the act
17is repealed:

18[(f) Use of Abutting Lands]

19Section 265. Section 2960 of the act is amended to read:

20Section 2960. Use of Abutting Lands for Embankments, Slopes,
21Fills, and Culverts.--In the grading of any street, or any part
22thereof, cities are hereby authorized and empowered to use so
23much of the lots and lands abutting on the [same] street for the
24construction of embankments, slopes, fills and culverts, as may
25be necessary [and proper] for the completion of the improvement.
26[The assessment of] Compensation for damages, costs, and
27expenses, resulting [thereby, shall be regarded as other
28assessments of damages, costs, and expenses, caused by the
29grading of streets, in cities and shall be assessed and paid as
30is provided by this act in such cases] from the use of lots and
 

1lands abutting on the street for the construction of 
2embankments, slopes, fills and culverts shall be made in the 
3same manner as compensation for using and occupying private 
4lands for the grading of streets in accordance with section 
52801.

6Section 266. Article XXIX subdivision (g) heading, section
72963, subdivision (h) heading, section 2965 and subdivision (i)
8heading of the act are repealed:

9[(g) Abandoned Turnpikes

10Section 2963. Maintenance and Improvement of Condemned and
11Abandoned Turnpikes.--When any turnpike, or part thereof,
12situate in the same or more than one county, shall be condemned
13for public use, free of tolls, and the assessment of damages
14therefor shall have been paid by the county, or when any
15turnpike company or association has abandoned its turnpike, or
16any part thereof, or when any turnpike company or association
17has been dissolved, such turnpike, or part thereof, located
18within the limits of any city shall be maintained and improved
19in the same manner as other streets of the city.

20(h) Unlawful Assessments

21Section 2965. Repayment of Assessments Paid to City by
22Owners of Property Unlawfully Assessed.--Any city receiving
23money in payment of an assessment levied under any provision of
24this article shall repay the same or so much thereof as shall be
25ordered to any parties bringing the action, within two years of
26such payment or payments, upon the final determination of a
27proper court in a proper issue that the assessment levied was
28not such as the owner of the property so assessed was liable to
29pay at the time council ordered the work to be done for which
30the assessment was made, or within the said period of two years,

1the city may repay such money voluntarily upon a showing that
2the same was paid inadvertently, or such assessment or part
3thereof was made erroneously.

4(i) Streets or Roads Connecting City with Highways]

5Section 267. Section 2970 of the act is amended to read:

6Section 2970. Appropriation for Connections with Highways.--
7Cities may, singly or jointly, with other political
8subdivisions, appropriate and expend moneys for the improvement
9of streets or roads beyond the limits of [such] the cities[,]
10for the purpose of connecting improved streets in [such] the
11cities with a highway [whenever that part of the connecting
12street or road to be improved outside the city limits shall be
13less than one mile in length].

14Section 268. Article XXIX subdivision (j) heading of the act
15is repealed:

16[(j) Detours]

17Section 269. Section 2975 of the act is amended to read:

18Section 2975. [Streets not to be Closed to Vehicular
19Traffic; Exceptions.--]Street Closings; Detours.--(a) The 
20following shall apply to the closing of a street to vehicular 
21traffic:

22(1) No street shall be closed to vehicular traffic, except
23upon order of the Department of Streets and Public Improvements,
24[or, by order of the mayor] or other department of the city 
25having jurisdiction over public streets or, in cases of 
26emergency where immediate action is necessary to protect public 
27safety, by order of the mayor, the police or the fire marshal[,
28in cases of emergency, wherein the safety of the public would be
29endangered, nor shall any such].

30(2) A street [be] may not remain closed for a longer period

1than is necessary for the purpose for which [such] the order
2[is] to close was issued.

3(3) Except in cases of emergency, where immediate action is
4necessary to protect public safety, no street shall be closed to
5vehicular traffic when the same has been designated as a detour
6by the Department of Transportation, unless the written consent
7of the Secretary of Transportation has first been obtained or
8unless council shall, by resolution duly recorded on its
9minutes, declare the closing necessary for the safety of the
10public.

11(4) When any street which forms a part or section of a State
12highway, or has been designated as a detour by the Department of
13Transportation, is closed to vehicular traffic, the city shall
14at once notify the Department of Transportation of the creation
15of a detour, as hereinafter provided. When the detour is
16removed, the Department of Transportation shall also be notified
17at once of the removal.

18(5) When any street is to be closed, it shall be the duty of
19the official or department that authorized the closing to
20designate a detour.

21(6) While the detour is in use, legible signs shall be
22erected and maintained at reasonable intervals, indicating the
23proper direction, and the detour shall be maintained in safe and
24passable condition.

25(7) When the street that had been closed is opened for
26traffic, all detour signs shall be removed.

27(b) A city may enter into agreement with the owners of
28private lands covering the acquisition of right of way
29privileges for a detour over private property for the period
30when a street shall be closed to traffic. In case no agreement

1satisfactory to the parties can be reached, the city may proceed
2with the construction of the detour, with the owner of the
3property taken for the detour entitled to seek damages, if any,
4in the same manner as damages are now ascertained for the
5opening of streets in the city.

6(c) In the exercise of the rights conferred by this section
7relating to detours, council is hereby empowered to pay for the
8necessary maintenance, subsequent repair and land rental out of
9funds available for the construction and maintenance of city
10streets.

11(d) Any person who shall wilfully remove, deface, destroy or
12disregard any barricade, light, danger sign, detour sign, signal
13or warning of any other character whatsoever so legally erected
14or placed or who shall drive on, over or across any street which
15has been closed by proper authority commits a summary offense
16punishable upon conviction thereof in accordance with section
171018.16, but with a mandatory fine of not less than five hundred
18dollars ($500) or more than the maximum fine authorized in
19section 1018.17 for the second or any subsequent offense, and
20shall pay the costs of prosecution together with the value of
21the property so removed, defaced or destroyed, except that
22persons who have no outlet due to the closing of a street may
23drive on, over or across the street, subject to reasonable
24conditions as may be prescribed by the city without being
25subject to the penalties imposed by this section.

26(e) All fines collected under the provisions of this section
27shall be paid over to the treasurer of the city.

28(f) In addition to the penalties provided in subsection (d),
29the city, its agents or contractors may, in an action at law,
30recover damages from any person or persons who have damaged a

1street when it is closed to vehicular traffic.

2Section 270. Sections 2976, 2977 and 2978 of the act are
3repealed:

4[Section 2976. Closing of Streets Designated as Detours by
5State.--No street shall be closed to vehicular traffic when the
6same has been designated as a detour by the Department of
7Highways of the Commonwealth, unless the written consent of the
8Secretary of Highways has first been obtained, or unless council
9shall, by resolution duly recorded on its minutes, declare such
10closing necessary for the safety of the public.

11Section 2977. Notice of Detour on Streets Forming Part of
12Highway.--When any street which forms a part or section of a
13highway, is closed to vehicular traffic, the city shall at once
14notify the Department of Highways of the Commonwealth of the
15creation of a detour, as hereinafter provided. When such detour
16is removed, the Department of Highways shall also be notified at
17once of the removal.

18Section 2978. Detours to be Provided when Streets Closed.--
19When any street shall be closed, as hereinbefore provided, it
20shall be the duty of the city authorities authorizing the
21closing to immediately designate or lay out a detour, on which
22they shall erect, or cause to be erected and maintained while
23such detour is in use, legible signs at each intersection
24throughout its entire length, indicating the proper direction.
25During the period when such detour is in use, it shall be the
26duty of such authorities closing the street to maintain such
27detour in safe and passable condition. It shall also be the duty
28of the authorities closing the street and maintaining the detour
29to immediately remove all detour signs when the street
30originally closed is opened for traffic. Whenever necessary in

1the creation of a detour, as aforesaid, the city authorities
2responsible for laying out the detour may enter into agreement
3with the owners of private lands, covering the acquisition of
4right of way privileges over private property for the period
5when the street shall be closed to traffic. In case no agreement
6satisfactory to the parties can be reached, the authorities
7responsible for the laying out of the detour may proceed with
8the construction of the same, and either such authorities or the
9owner of the property occupied may petition the court for the
10appointment of viewers to ascertain the damages, if any, in the
11same manner as damages are now ascertained for the opening of
12streets in such city. In the exercise of the rights conferred by
13this section, council is hereby empowered to pay for the
14necessary maintenance, subsequent repair, and land rental out of
15such funds as are available for the construction and maintenance
16of the streets in their charge.]

17Section 271. Section 2979 of the act, amended March 25, 1988
18(P.L.260, No.29), is repealed:

19[Section 2979. Penalties.--Any person who shall wilfully
20remove, deface, destroy or disregard any barricade, light,
21danger sign, detour sign, or signal, or warning of any other
22character whatsoever so legally erected or placed, or who shall
23drive on, over or across any street which has been closed by
24proper authority, shall, upon conviction thereof in a summary
25proceeding before a magistrate, alderman, or justice of the
26peace, be sentenced to pay a fine of not less than two hundred
27dollars nor more than five hundred dollars for the first
28offense, and a mandatory fine of five hundred dollars for the
29second or any subsequent offense, and the costs of prosecution
30together with the value of the sign so removed, defaced or

1destroyed, and, in default of the payment thereof, shall be
2sentenced to imprisonment of not more than ten days: Provided,
3however, That persons who have no outlet due to the closing of a
4street may drive on, over or across such street, with the
5consent in writing of, and subject to such conditions as may be
6prescribed by, the authorities responsible for the closing or
7their agents or contractors, without being subject to the
8penalties imposed by this section.

9In addition to the penalties herein provided, the authorities
10responsible for the maintenance of a street which has been
11closed to vehicular traffic, or their agents or contractors,
12may, in an action at law, recover damages from any person or
13persons who have damaged a street when it is closed to vehicular
14traffic. All fines collected under the provisions of this
15section shall be paid by the officer receiving the same to the
16treasurer of the city.]

17Section 272. Article XXIX subdivision (k) heading of the act
18is repealed:

19[(k) Boundary Streets]

20Section 273. Sections 2985 and 2986 of the act are amended
21to read:

22Section 2985. Maintenance of Streets Forming Boundaries.--
23Whenever any street is on the boundary line between any city and
24[a township, such] any other municipal corporation, the street
25shall be maintained jointly by the city and the [township] other 
26municipal corporation. For the purpose of maintaining any such
27street, the [authorities] officers of any city are hereby
28directed to enter into agreements with the [authorities of any
29township] other municipal corporation providing the manner in
30which the same shall be maintained[,] and providing for the

1division of the cost of maintenance between the city and
2[township] other municipal corporation. If any [such city or
3township] other municipal corporation shall fail or refuse to
4enter into any such contract, [any taxpayer thereof or the
5corporate authorities of the city or township] the city or any 
6taxpayer of the other municipal corporation may present a
7petition to the court of [quarter sessions] common pleas of the
8county, setting forth the facts. The court, after hearing, of
9which [such] notice shall be given to all parties interested as
10the court may direct, shall make an order directing the manner
11of such maintenance and the division of the cost of maintenance
12between the city and the [township] other municipal corporation.

13Section 2986. Streets, the Center Line of Which Is the
14Boundary [between Municipalities in the Same County] Between 
15City and Another Municipal Corporation.--Whenever [the center
16line of] any street constitutes the dividing line between [any
17city and a township located in the same county, the city may
18enter into a contract with the commissioners of the county and
19the commissioners or road supervisors of the township, as the
20case may be, providing for the grading, curbing, and
21macadamizing or paving, of the street; the cost of such
22improvement, to be borne one-half by the city, and one-half by
23the county and township, in equal portions.

24The alteration or improvement shall be constructed, and
25subsequent repairs shall be made, under the supervision of the
26proper authorities of the city, in compliance with existing laws
27governing the construction of such alterations or improvements
28in said city, and in further compliance with plans and
29specifications to be agreed upon, in writing, between said city
30and the commissioners of the county and commissioners or road

1supervisors of the said township. The cost of repairs shall be
2borne one-half by the city, and one-half by the township, or by
3the county and township, in equal portions, or such other
4proportions as may be agreed upon by the county and township] a 
5city and another municipal corporation, the city may enter into 
6a contract with the other municipal corporation to provide for 
7the grading, curbing, draining, paving and macadamizing of the 
8street. The alterations and improvements shall be made under the 
9supervision of the city or other municipal corporation, or by 
10contract let by the city or the other municipal corporation, as 
11may be provided for in the contract between the city and the 
12other municipal corporation.

13Section 274. Section 2987 of the act is repealed:

14[Section 2987. Street, the Center Line of Which is the
15Boundary between Municipalities in Different Counties.--Whenever
16the center line of any street constitutes a dividing line
17between a city and a township located in an adjacent county, the
18city may enter into a contract with the commissioners of the
19county and the commissioners or township supervisors of such
20township, as the case may be, providing for the grading,
21curbing, macadamizing, or paving of the street, the cost thereof
22to be borne one-half by the city, and one-half by the township
23and the county in which such township shall be situated, in
24equal portions.

25Such alteration or improvement shall be constructed, and
26subsequent repairs shall be made, under the supervision of the
27proper authorities of the city, in compliance with the
28provisions of this act governing such construction or
29improvement by the city, and in further compliance with plans
30and specifications to be agreed upon in writing between such

1city and the commissioners of the county and the commissioners
2or township supervisors of the township. The cost of repairs
3shall be borne one-half by the city, and one-half by the
4township or by the county and township in equal portions or such
5other proportion as may be agreed upon by the county and
6township.

7In all cases in which it shall be found impossible to enter
8into such contract or agreement, either the city or the county
9or township or any taxpayer thereof may present a petition to
10the court of common pleas of either county, setting forth the
11facts and circumstances, including the condition of the street
12from which the necessity or desirability for the grading,
13curbing, macadamizing, or paving appears, and the estimated cost
14thereof, and that the said city or county or the township have
15failed to agree upon terms of the said contract. Such court may,
16after hearing all the parties concerned, make its order or
17decree, defining the nature and character of the improvement
18reasonably necessary or desirable to be made to the street, and
19requiring the parties hereinabove specified to enter into a
20contract or contracts for the making and constructing of the
21same as herein provided for.

22A copy of the said petition, duly certified, shall be served
23upon the city, the county and the township concerned, other than
24the petitioner, with notice of such day as may be fixed by the
25court for the hearing. Thereupon, any or all of the parties
26served with such notice shall be entitled, on or before such
27date, to file in the said court its answers to the said
28petition, setting forth its version of the facts or such other
29matters in relation thereto as may be deemed necessary or proper
30by it. The court, upon the date so fixed or at such other time

1as it may appoint, shall hear the evidence of the parties, or it
2may refer the matter to a master, who shall hear the testimony
3of the parties and report his findings, in the same manner and
4under the same procedure as provided by the rules in equity in
5similar cases.

6The court may reject, confirm, or modify the report of the
7master and may make its decree or order directing the making of
8such alterations or improvements to the street as may be deemed
9reasonably necessary or desirable and providing for the sharing
10of the cost of such improvements, one-half by the city, and one-
11half by the county and township in equal portions. The said
12order or decree may further provide that the repairs to such
13alterations and improvements subsequently required shall be
14borne one-half by the city, and one-half by the county or
15township in equal portions, or such other proportions as between
16the county and the township as such court may find to be legal
17and proper. Thereupon the said grading, curbing, macadamizing,
18or paving of the street shall proceed in accordance with the
19decree or order of the said court in the same manner as if the
20contract or agreement provided for in this section had been
21entered into and duly executed.]

22Section 275. Sections 2988 and 2989 of the act are amended
23to read:

24Section 2988. Streets More Than Half of Whose Width is
25Within City.--(a) Whenever any street, more than one-half the
26width of which is within the limits of any city shall divide the
27[said] city from any other [municipality or township located
28within the same county, such] municipal corporation, the street
29may be improved by the city in the same manner as if the said
30street were entirely located within the limits of [said] the

1city.

2(b) The property [abutting on the side of said street which
3is located outside the limits of the city making such], within 
4and without the city, that abuts the street and benefits from 
5the improvements [shall] may, for a depth of one hundred and
6fifty feet plus one-half the width of [said] the street, the
7total measured from its center line, be assessed for any and all
8municipal improvements to or on the [said] street in the same
9manner as [such] the property would be assessed under the
10provisions of this act if it were entirely located within the
11limits of [such] the city.

12Section 2989. Assessment for Improvements on Property
13Outside Limits Where Street Entirely Within City.--Whenever any
14street, entirely within the limits of any city, shall divide the
15[said] city from any other [municipality or township located in
16the same county] municipal corporation, the property on the side
17of [said] the street, [opposite the present line of said city,
18shall] within and without the city, that abuts the street and 
19benefits from the improvement may, for a depth of one hundred
20and fifty feet from said line, be assessed for any and all
21municipal improvements to or on the streets on which the [said]
22property [shall abut] abuts, in the [manner provided by this act
23for such proceedings, as if the said property] same manner as 
24the property would be assessed under the provisions of this act 
25if it were entirely located within the limits of [said] the
26city.

27Section 276. Section 2990 of the act is repealed:

28[Section 2990. Street the Center Line of Which is the
29Dividing Line Between a City and Borough or Township of the
30First Class; Assessments.--Whenever the center line of any

1street constitutes the dividing line between a city and a
2borough, or a city and a township of the first class, located in
3the same county, the council of such city may, where such
4improvement is through built up property or properties duly
5plotted and laid out in lots for building purposes, and where
6two-thirds of the combined frontage of the two sides petition
7for the improvement, enter into a contract with the borough or
8township providing for the grading, curbing, draining, paving
9and macadamizing of such street. Such alterations and
10improvements shall be made under the supervision of the proper
11authorities of such city, borough, or township, or by contract
12let by such city, borough, or township, as may be provided for
13in the contract between the city and borough or township.

14No ordinance or ordinances authorizing any such improvement,
15where the whole or any part of the cost of the improvement is to
16be assessed against abutting property, shall be finally adopted
17until the expiration of thirty days from the date of its
18introduction, and, in the meantime, copies thereof shall be
19published, once a week for two weeks, in one newspaper
20circulating in such city, borough, and township immediately
21following the introduction thereof, and at least five copies
22thereof shall be posted along the line of the proposed
23improvement.

24The whole cost of such alterations and improvements, or any
25part thereof, as may be agreed upon in the contract between the
26city, borough, and township, may be collected from the owners of
27property within the city, borough, and within the township,
28abutting along the line of the improvement, by an equal
29assessment on the foot front. Any portion of such cost not
30assessed against abutting property shall be paid one-half by

1each of the municipal divisions joining in the improvement.

2Thirty days' notice of assessments of the whole cost or part
3of the cost of any such improvement shall be given to each party
4assessed, either by service on the owner or his agent, or posted
5on the premises by the clerk or secretary of the city, borough,
6or township making the improvement. If any assessment made by
7the city shall remain unpaid at the expiration of the notice, it
8shall be the duty of the city solicitor to collect the same,
9with interest from the time of the completion of the
10improvement, by action of assumpsit, or by a lien to be filed
11and collected in the same manner as municipal claims. When an
12owner has two or more lots against which there is an assessment
13for the same improvement, all of such lots shall be embraced in
14one claim.]

15Section 277. Article XXX heading of the act is reenacted to
16read:

17ARTICLE XXX

18SIDEWALKS

19Section 278. Sections 3001 and 3002 of the act are amended
20to read:

21Section 3001. Power to Lay Out and Grade Sidewalks; Compel
22Construction of Sidewalks.--Any city may lay out, ordain and
23establish sidewalks, curbs, gutters and drains along any street,
24and may, with or without petition, require owners of property
25abutting on any street to construct, pave, curb, repave and
26recurb the sidewalks, and keep the same in good repair along
27[such] their property, at such grades, and under such
28regulations and specifications as council may provide. The 
29written consent of the Department of Transportation shall first 
30be obtained if the highway is a State highway.

1Section 3002. Construction by Cities Upon Failure of Owner
2So to Do; Collection of Cost.--(a) Upon failure of any owner of 
3property abutting on any street to construct, pave, curb,
4repave, recurb or maintain any sidewalk [after notice so to do,
5the same may be done or caused to be done by the city, and the
6cost thereof], in accordance with the notice required in 
7subsection (d), the city, itself or by contract, may complete 
8the construction, paving, curbing, repaving, recurbing or 
9maintenance.

10(b) Costs incurred by the city pursuant to subsection (a) 
11may be levied against and collected from [such] the owner who 
12failed to complete the construction, paving, curbing, repaving, 
13recurbing or maintenance of the sidewalk pursuant to notice to 
14do so, together with a penalty of ten per centum of [such] the 
15costs and all charges and expenses[, which amount].

16(c) The costs, penalties, charges and expenses provided for 
17in subsection (b) shall be a lien upon [such premises] the 
18property for which the notice to construct, pave, curb, repave, 
19recurb or maintain the sidewalk was given. The lien shall exist
20from the time of the completion of the work, which [date shall
21be fixed by certificate of the city engineer, filed with the
22clerk, and may be collected by action in assumpsit, or such]
23shall be certified in accordance with section 1504. The lien may
24be filed and proceeded in as provided by law in the case of
25municipal liens[, or the] or may be collected from the owner by 
26action in assumpsit. Alternatively, the cost may be borne by the
27city in whole or in part[;] and if in part, the rest to be
28collected [from the owner] as provided herein.

29(d)  The notice required [herein] by this section shall be
30served upon the owner of property to construct, pave, curb,
 

1repave, recurb or maintain a sidewalk, if that can be done
2within the county; [when it cannot be done so] if this cannot be 
3done, then the notice may be served upon the owner's agent or
4the party in possession; and if this cannot be done, then the
5notice may be served by posting conspicuously upon the premises.
6Council may, by ordinance, [establish the period of such notice
7after service after which the owner shall be deemed to have
8failed to comply therewith. Such period shall not be less than
9ten days] provide that, upon service or posting of notice in 
10accordance with this section, an owner shall be deemed to have 
11failed to comply if the work is not completed within a specified 
12period, which may be more but shall not be less than forty-five 
13days after the service or posting.

14Section 279. Section 3002.1 of the act, added August 11,
151967 (P.L.206, No.70), is amended to read:

16Section 3002.1. Ordinances.--All reconstruction, repaving,
17and recurbing of sidewalks may be provided for in the ordinance
18providing for the original construction, paving and curbing of
19sidewalks without the necessity for adopting a new ordinance
20providing for [such] the reconstruction, repaving and recurbing.

21Section 280. Section 3003 of the act is amended to read:

22Section 3003. Emergency Repairs; Notice; Cost.--(a) Any
23city may make emergency repairs to sidewalks, within its
24corporate limits[, when, in the opinion of the officer or head
25of the department lawfully having charge of sidewalk repairs, a
26dangerous condition exists that can be repaired by an
27expenditure of not more than fifty dollars, upon failure of the
28owner of the property to make such repair within forty-eight
29hours after the service of notice upon such owner so to do. The
30notice shall be served as provided in this article for

1constructing and maintaining sidewalks and curbs. It shall
2expressly state that emergency repairs are required.] if the 
3officer or designated individual representing the department in 
4charge of repairs to sidewalks, upon inspection, determines that 
5a substantial and immediate danger exists to the public health, 
6safety and welfare, in which case the officer or individual 
7shall prepare a written report of those conditions which shall 
8be conclusive evidence of the existence of the emergency 
9justifying the repair.

10(a.1) This section is intended to provide an additional
11remedy for cities in connection with emergency repairs [where
12the actual cost of doing the work does not exceed fifty dollars.
13The certificate of the officer or head of the department in
14charge of repairs to sidewalks shall be conclusive evidence of
15the existence of the emergency justifying such repair] of 
16sidewalks.

17(b) A copy of the written report shall be served upon the
18abutting property owner, along with a notice to make emergency
19repairs to the sidewalk within forty-eight hours of service of
20the notice and report. The notice and copy of the report shall
21be served as provided in this article for constructing and
22maintaining sidewalks and curbs. It shall expressly state that
23emergency repairs are required. If the owner fails to make the
24emergency repairs within the prescribed time, the city may make
25the emergency repairs to the sidewalk.

26(c) Upon the completion of any emergency repairs, the cost
27thereof shall be a charge against the owner of the abutting
28property, and shall be a lien, until paid, upon the abutting
29property, provided a claim is filed therefor in accordance with
30the law providing for the filing and collection of municipal

1claims. The amount of the claim against the owner of the
2abutting property may also be collected from the owner by an
3action in assumpsit.

4Section 281. Section 3004 of the act is repealed:

5[Section 3004. Cost of Emergency Repairs to be a Lien.--Upon
6the completion of any emergency repairs, the cost thereof shall
7be a charge against the owner of the property, and shall be a
8lien, until paid, upon the abutting property, provided a claim
9is filed therefor in accordance with the law providing for the
10filing and collection of municipal claims. Any such charge may
11also be collected from the owner by an action in assumpsit.]

12Section 282. Article XXXI heading of the act is amended to
13read:

14ARTICLE XXXI

15BRIDGES [AND VIADUCTS]

16Section 283. Article XXXI subdivision (a) heading of the act
17is repealed:

18[(a) Construction and Maintenance]

19Section 284. Sections 3101, 3102 and 3103 of the act are
20amended to read:

21Section 3101. Construction and Maintenance of Bridges [and
22Viaducts].--(a) Cities may locate, build and maintain bridges
23[or viaducts, and], wholly or partially within the city limits, 
24along with the piers, abutments and approaches [therefor]
25appurtenant to the bridges, to be used as public streets[, over
26rivers, creeks, streams, railroads and private property, or over
27and across any of them, whether the said viaducts or bridges be
28wholly within, or partly without and partly within, the city
29limits].

30(b) As used in this article, a bridge shall mean a structure

1built to span and provide passage over a valley, road, railroad
2track, private property, river, creek, stream or any other body
3of water or physical obstacle, and shall include viaducts
4constructed from a series of spans or arches.

5Section 3102. Ordinance for Location of Bridges;
6Procedure.--Cities may enact ordinances fixing the location and
7providing for the laying-out and opening of the routes or
8locations for [said] bridges [and viaducts], which shall be
9public streets; and the proceedings for the laying-out and
10opening thereof, shall be the same as is provided by this act
11for the laying-out and opening of streets.

12Section 3103. Right to Appropriate Property; Assessment of
13Damages.--In case the city has not agreed with the owner or
14owners for the damages done, or likely to be done, by the
15erection of [said] the bridge [or viaduct], the city may take
16and appropriate the lands and property necessary, over and
17across which to erect [said] the bridge [or viaduct], and the
18measure of damages [and benefits caused by such] for the taking
19and appropriation shall be assessed in the same manner and with
20like proceedings as provided [by this act for property taken,
21injured or destroyed] for property taken, injured or destroyed 
22under 26 Pa.C.S. (relating to eminent domain).

23Section 285. Article XXXI subdivision (b) heading of the act
24is repealed:

25[(b) Joint Construction and Maintenance]

26Section 286. Section 3110 of the act is amended to read:

27Section 3110. [Contract] Agreement for Joint Construction
28and Maintenance.--(a) The city may [contract] enter into an 
29agreement with any political subdivision or other public agency
30whatsoever or public utility or any other person interested and

1by law authorized thereto, or with any or all of them, for the
2laying out, construction, improvement and maintenance of any
3bridge [or viaduct], or for certain parts thereof, and for the
4payment of any damages caused thereby.

5(b) An agreement as authorized in subsection (a) shall
6provide for the respective duties, obligations and
7responsibilities of the parties thereto, including, but not
8limited to, construction and maintenance of the bridge, or for
9certain parts thereof, and for payments relating thereto and
10damages caused thereby.

11(c) After an agreement, as authorized in subsection (a), has
12been entered into, the city in conjunction with the other
13parties thereto, shall have the authority to have prepared plans
14or specifications of the entire work, and thereafter advertise
15for bids in the manner required by law, and award the contract
16to the lowest responsible bidder. The city shall be liable to
17the contractor for only such part of the contract price as it
18has agreed to pay by the agreement, as authorized in subsection
19(a), but it shall, in addition, be liable to the contractor for
20any moneys actually paid into the city treasury by the other
21parties pursuant to the terms of the agreement.

22Section 287. Sections 3111, 3112 and 3113 of the act are
23repealed:

24[Section 3111. Stipulations of Joint Contract;
25Maintenance.--The contracts provided for in the preceding
26section may stipulate that the city shall pay a certain part of
27the whole contract price or cost of the work, including damages;
28or may stipulate that the city shall construct, or pay for the
29construction of, a certain part of the work, and may otherwise
30provide for the payment of the damages. When any railroad

1company, street railway, or other persons interested, agrees to
2pay a certain part of the cost of the entire work, it shall pay
3such part into the proper city treasury. Upon said payment, the
4city treasurer shall be liable therefor, and he shall pay the
5same over to the contractor, as may be provided in the contract.
6The said agreements may also provide for the maintenance of the
7said bridges and viaducts after their erection.

8Section 3112. Plans; Bids; Awarding of Contract.--After any
9joint contract has been entered into, the city in conjunction
10with the other parties thereto may have prepared plans or
11specifications of the entire work, and thereafter advertise for
12bids, and award the contract to the lowest responsible bidder.
13The city shall be liable to the contractor for only such part of
14the contract price as it has agreed to pay by the joint
15contract, but it shall, in addition, be liable to the contractor
16for any moneys actually paid into the city treasury by the other
17parties to the joint agreement.

18Section 3113. Subsequent Contract With Railroad Which has
19not Contributed toward Cost.--No railroad, which has not
20contributed to the payment of the cost of construction of said
21viaduct or bridge, shall be permitted to run its line or lines
22of tracks under said bridge or viaduct, unless it shall enter
23into a contract with the city to thereafter pay a reasonable
24amount, part or portion toward the keeping-up and maintaining of
25the said structure, which amount shall be at the same rate, on
26the same basis, as is paid by the other railroad companies.]

27Section 288. Section 3114 of the act is reenacted to read:

28Section 3114. Recording of Contract.--Any of the contracts
29hereinabove provided for may be recorded in the office of the
30recorder of deeds in the proper county. Such record shall be

1notice to all persons who might be affected thereby.

2Section 289. Section 3115 of the act is amended to read:

3Section 3115. Power to Construct Boundary Bridges.--Whenever
4a creek, over which a bridge may be necessary, shall be on the
5division line of a city and another municipality [or township],
6the city [shall unite] may enter into an intergovernmental 
7agreement pursuant to 53 Pa.C.S. Ch. 23, Subch. A (relating to 
8intergovernmental cooperation) with [such] the municipality [or
9township in] for the construction and maintenance of a bridge[,]
10and [pay an equal share of the expenses incident thereto] for 
11apportionment of the costs.

12Section 290. Article XXXI subdivision (c) heading, section
133120, subdivision (d) heading and sections 3130, 3133 and 3134
14of the act are repealed:

15[(c) Acquisition of Existing Bridges

16Section 3120. Power to Acquire Existing Bridge.--Any city
17which is divided or separated in any of its territorial sections
18or parts by intervening rivers or streams of water may purchase,
19enter upon, take, use, hold and appropriate such bridge or
20bridges, together with the approaches and appurtenances thereto,
21lying within its corporate limits as shall have been erected and
22are now in use over such rivers or streams of water so dividing
23and separating the sections or parts aforesaid.

24(d) Acquisition of Toll-Bridges

25Section 3130. Power to Acquire Toll-Bridges.--Any city may
26purchase, condemn, maintain, and use any public toll-bridge
27crossing any river or stream within the limits of such
28municipality, together with the approaches and appurtenances
29thereto; and may enter into contracts, as hereinafter provided,
30with the county commissioners of the proper county, whereby said

1county shall pay a portion of the cost thereof.

2Section 3133. Contract with County for Purchase.--The city
3may enter into and unite in a contract with the county
4commissioners of the county in which said bridge is located upon
5such terms and conditions as may be agreed upon for the
6purchase, appropriation, or condemnation of said bridge. The
7contract may stipulate that the city and county shall pay a
8certain part or portion of the whole purchase price or damages
9allowed by condemnation proceedings. The amounts to be paid by
10the county shall be paid into the city treasury, and, upon said
11payment, the city treasurer shall be liable therefor, and it
12shall be held and applied solely for the said purpose or
13purposes. The said contracts may also provide for and include
14provisions for the maintenance, repair, and rebuilding of the
15said bridge, after its purchase or condemnation by the said
16city.

17Section 3134. To Become a Public Bridge; Rentals for Other
18than Foot and Vehicle Travel.--Whenever any toll-bridge shall be
19so purchased or condemned, the city shall control, maintain, and
20use the said bridge as a public bridge, but may charge tolls or
21rentals for the use thereof, from railway, telephone, and
22telegraph companies, and other persons making a use thereof for
23other than ordinary public foot and vehicle travel. Where
24contracts existed between such companies and persons and the
25owners of the bridge at the time of such purchase or
26condemnation, such contracts shall be preserved for the benefit
27of the city and shall be assigned thereto.]

28Section 291. The act is amended by adding a section to read:

29Section 3135. Acquisition of Existing Bridges.--Any city may
30purchase, condemn, maintain and use any public toll-bridge

1crossing any river or stream within the limits of the
2municipality, together with the approaches and appurtenances
3thereto, and may enter into contracts with the county
4commissioners or the legislative body in a county that has 
5adopted a home rule charter of the proper county whereby the
6county shall pay a portion of the cost thereof.

7Section 292. Article XXXII heading of the act is amended to
8read:

9ARTICLE XXXII

10SANITARY SEWERS

11Section 293. Article XXXII subdivision (a) heading of the
12act is repealed:

13[(a) Construction]

14Section 294. Section 3201 of the act, amended August 6, 1963
15(P.L.525, No.280), is amended to read:

16Section 3201. Construction of Sanitary Sewers; Cost; Eminent 
17Domain.--(a) Any city [may] shall have the power to construct
18and reconstruct, or cause to be constructed or reconstructed, in 
19its streets, and over and across public and private lands or 
20property, sanitary sewers of all kinds, main or local, with 
21extensions thereof, and with lateral and branch sewers 
22therefrom, including house connections to the curb[, in its
23streets, and over and across public and private lands or
24property, and pay the].

25(b) The cost and expense [thereof] of construction and 
26reconstruction in accordance with subsection (a) may be paid out
27of the general revenues or special funds raised for said
28purpose, or assess the same, in whole or in part, upon property
29benefited, improved or accommodated, as [hereinafter] provided 
30for in Article XLV-A.

1[For such purposes, the] (c) The city shall have the right
2of eminent domain to effectuate the purposes of this section.
3The damages for property taken, injured or destroyed shall be
4ascertained and paid as provided in [this act for such
5proceedings] 26 Pa.C.S. (relating to eminent domain).

6Section 295. The act is amended by adding a section to read:

7Section 3201.1. Required Connection; Fees.--In addition to
8paying for the cost and expense of construction or
9reconstruction in accordance with section 3201(b), a city may,
10by ordinance, require connection to a sanitary sewer system
11provided by the city or a municipal authority serving the city,
12and impose and charge to property owners who desire to or are
13required to connect to the sanitary sewer system a connection
14fee, a customer facilities fee, a tapping fee and other similar
15fees, as enumerated and defined by 53 Pa.C.S. § 5607(d)(24)
16(relating to purposes and powers of municipal authorities) as a
17condition of connection to a city-owned sewer collection,
18treatment or disposal facility.

19Section 296. Section 3202 of the act is repealed:

20[Section 3202. Fee for Tapping Where Sewer is Paid For by
21City.--Where the cost of constructing any sewer is paid for
22wholly or partially from city funds, the city may charge a
23reasonable fee for tapping or connecting with said sewer.]

24Section 297. Section 3203 of the act, amended August 6, 1963
25(P.L.525, No.280), is repealed:

26[Section 3203. Assessment of Cost of Local Part of Main
27Sewers.--In the case of the construction of main sanitary
28sewers, or of any sanitary sewer which can be used in part for
29main sanitary sewerage purposes, and in part as a local sanitary
30sewer, the city may provide for assessing the property

1benefited, improved or accommodated with the local sanitary
2sewerage part thereof, according to the foot-front, or the
3assessed valuation of the said property for city purposes, or
4according to benefits.]

5Section 298. Section 3204 of the act is repealed:

6[Section 3204. Costs of Main Sewers.--The cost of all main
7sewers, or of any sewers used in part for main sewerage
8purposes, over and above the amount thereof assessed for local
9sewerage, shall be paid for from the city funds.]

10Section 299. Section 3205 of the act, amended August 6, 1963
11(P.L.525, No.280), is repealed:

12[Section 3205. Assessment of Cost of Local Sewers.--Council
13may also provide that the cost and expenses of local, lateral,
14branch, including house connections to the curbs, and other
15sanitary sewers may be assessed against the property benefited,
16improved or accommodated according to the foot-front, or
17according to the assessed valuation thereof for city purposes,
18or according to benefits.]

19Section 300. Section 3206 of the act is amended to read:

20Section 3206. Construction of [Sewerage System and] Sanitary
21Sewage Treatment Works; Assessment of Cost.--[Any city may
22construct, or cause to be constructed, a sewerage system of
23sewers in streets, with extensions thereof, and with lateral and
24branch sewers therefrom to and in other streets, and in public
25or private lands, at the same time as part of the same
26improvement and under the same contract, and the cost and
27expense thereof may be assessed as provided in this article.]
28(a) Any city may construct or cause to be constructed sanitary
29sewage treatment works, and the same may likewise be a part of
30the same improvement and under the same contract as sanitary
 

1sewers.

2(b) Sewage treatment works may be erected within or without
3the limits of the city. The city shall have authority to
4acquire, by eminent domain or otherwise, property within or, 
5subject to the limitations in 26 Pa.C.S. § 206 (relating to 
6extraterritorial takings), without the limits of the city deemed
7necessary for such treatment works and the sewers leading
8thereto.

9Section 301. Sections 3207 and 3208 of the act, amended
10August 6, 1963 (P.L.525, No.280), are repealed:

11[Section 3207. Reductions in Assessments for Corner or
12Irregular Shaped Lots.--Where council determines to construct
13local, lateral, and other sanitary sewers, and to assess the
14cost and expenses thereof according to the foot-front rule, they
15shall provide for a reduction of an equitable part from the
16frontage of the longest side of all corner lots, and at other
17places, where, from the peculiar or pointed shape of the lots,
18an assessment for the full frontage would be inequitable. If the
19owner of the property benefited, improved or accommodated by the
20sanitary sewers is not satisfied with the allowance or
21reduction, or refuses to accept the same, he shall have the
22right to appeal to the court of common pleas; and the
23proceedings shall be as provided in this act for the assessment
24of damages and benefits by viewers or by such other lawful
25procedure as the court may determine.

26Section 3208. Assessment of Cost by Viewers Appointed by
27Council.--Where the council determines to construct main, local,
28lateral, or branch sanitary sewers, and to assess the cost and
29expense thereof according to benefits, in addition to the
30remedies which now or may hereafter exist for the assessment of

1the said cost and expense by viewers appointed by court, council
2may appoint three disinterested freeholders as viewers, who, or
3a majority of whom, shall assess the costs and expenses of said
4sanitary sewers upon the lands benefited, improved or
5accommodated thereby in proportion, as nearly as may be, to the
6benefits which may result to each lot or parcel of land. Said
7viewers, or a majority thereof, shall report their assessment to
8the council, in the manner hereinafter set forth, and council
9shall act thereon as hereinafter provided.]

10Section 302. Sections 3209, 3210, 3211 and 3212 of the act
11are repealed:

12[Section 3209. Report of Council's Viewers; Notice;
13Objections; Hearing.--Said viewers, or a majority of them, shall
14make report in writing, specifying the amount assessed by them
15upon each lot or parcel of land for main or local sewerage
16separately, and file the same with the city clerk within such
17time as the council shall direct. After the report is filed,
18council shall cause not less than ten days' public notice to be
19given, by publication once in two newspapers of the city, as
20required by section one hundred and nine of this act, of the
21object of such assessments, and that the same will come for
22confirmation at a time to be specified in said notice.
23Objections to the assessment shall be in writing and be filed
24with the city clerk, and may be heard before the city council at
25the time specified in the notice. Council may, after hearing
26objections, modify, set aside, or confirm said assessments. If
27council sets aside the first or any other assessment, they may
28appoint other viewers, of the same qualifications as
29hereinbefore provided, and cause new assessments to be made, and
30the proceedings shall be the same as provided for the first

1assessment.

2Section 3210. Certification of Assessments for Collection;
3Liens.--After making assessments for sewers, council may direct
4that they be certified to the city treasurer, or to such party
5as said assessments may be assigned to for collection. If such
6assessments are not paid within such time as council may by
7ordinance prescribe, it shall be lawful to file liens therefor
8in the prothonotary's office of the proper county, as provided
9by law. Said liens shall bear interest from the time the
10assessments were payable, at the rate of six per centum, per
11annum, until paid.

12Section 3211. Rental Charge for Use of Sewers.--Cities may
13provide by ordinance for the imposition and the collection of an
14annual rental, rate or charge for the use of sewers, sewer
15systems, or sewage treatment works as authorized by law.

16Section 3212. Limitation of Amount of Sewer Rental Charge.--
17Such annual rental, rate or charge shall not exceed the amount
18authorized by law.]

19Section 303. Section 3213 of the act, amended December 18,
201992 (P.L.1424, No.175), is repealed:

21[Section 3213. Collection of Sewer Rentals.--(a) Council
22shall provide for the collection of such annual rentals, rates
23or charges.

24(b) In the case of a city which has agreed to provide sewer
25service to a residential dwelling unit in which the owner does
26not reside, the city shall notify the owner and the tenant
27within thirty days after the tenant's bill for that service
28first becomes overdue. Such notification shall be provided by
29first class mail to the address of the owner provided to the
30city by the owner and to the billing address of the tenant,

1respectively. Nothing herein shall be construed to relieve the
2owner of liability for such service unless the city fails to
3provide the notice required herein.]

4Section 304. The act is amended by adding a section to read:

5Section 3213.1. Rental Fees or Charges.--(a) All persons
6whose property is connected to a sanitary sewer system shall pay
7to the city, in addition to the cost of making the connection, a
8monthly, quarterly, semiannual or annual charge. The charges
9shall be imposed by the city in accordance with procedures
10approved by council. Until paid, a charge shall constitute a
11lien against the property connected to the sanitary sewer system
12and the amount thereof may be recovered by due process of law
13through an action in assumpsit in the name of the city against
14the owner of the property charged or by a lien filed in the
15nature of a municipal lien. All water utilities supplying water
16to users within the boundaries of any city shall at the request
17of the council furnish to the city, at reasonable times agreed
18to by the city and water utilities, a list of all water meter
19readings and flat-rate water bills, and the basis for each flat-
20rate water charge, so that the data may be used in calculating
21sewer rental fees. The city may pay to the utilities clerical
22and other expenses incurred in the preparation of the lists.

23(b) Nothing in this section shall be construed to repeal or
24modify any of the provisions of 66 Pa.C.S. (relating to public
25utilities).

26(c) Subject to subsection (d), all sanitary sewer rentals
27received shall be deposited in a special fund to be used only
28for the payment of the cost of administration, construction,
29reconstruction, repair, operation and maintenance of the
30sanitary sewer system.

1(d) <-City Notwithstanding the provisions of the act of July
218, 1935 (P.L.1286, No.402), entitled "An act empowering
3counties, cities, boroughs, incorporated towns, and townships to
4charge and collect from owners of and water users in property
5served thereby, annual rentals, rates or charges for the use of
6certain sewers, sewerage systems and sewage treatment works,
7including charges for operation, inspection, maintenance,
8repair, depreciation, and the amortization of indebtedness and
9interest thereon; empowering counties, cities, boroughs,
10incorporated towns and townships to contract with authorities
11organized by cities of the second class, by cities of the second
12class A, by counties or by cities of the third class for sewer,
13sewerage and sewage treatment services; to grant, convey, lease,
14transfer, encumber, mortgage and pledge to such authorities,
15their sewers, sewerage systems and sewage treatment works; to
16assign and pledge to such authorities rentals, rates and charges
17charged and collected by them for the use thereof, and to assign
18to such authorities their power to charge and collect the same;
19and validating all such contracts, grants, conveyances, leases,
20transfers, assignments, encumbrances, mortgages and pledges
21heretofore made," or any other law, city council may transfer
22part of the sanitary sewer rentals in the special fund to the
23general fund to meet immediate general financial obligations or
24to ensure adequate cash flow for city operations, provided,
25however, that money transferred from the special fund to the
26general fund shall be repaid to the special fund <-at such time as
<-27prior to the end of the fiscal year or at a date specific as
28council may determine.

29(e) In the case of a city which has agreed to provide
30sanitary sewer service to a residential dwelling unit in which

1the owner does not reside, the city shall notify the owner and
2the tenant within thirty days after the tenant's bill for that
3service first becomes overdue. The notification shall be
4provided by first class mail to the address of the owner
5provided to the city by the owner and to the billing address of
6the tenant, respectively. Nothing in this subsection shall be
7construed to relieve the owner of liability for such service
8unless the city fails to provide the notice required herein.

9Section 305. Section 3214 of the act is repealed:

10[Section 3214. Collection of Sewer Rentals.--Such annual
11sewer rentals or charges shall be a lien on the properties
12charged with the payment thereof from the date set in the
13ordinance, and, if not paid after thirty days' notice, may be
14collected by an action in assumpsit in the name of the city
15against the owner of the property charged or by distress of
16personal property on the premises or by a lien filed in the
17nature of a municipal lien.]

18Section 306. Section 3215 of the act, added August 6, 1963
19(P.L.525, No.280), is repealed:

20[Section 3215. Tapping Fees.--Each city may provide by
21ordinance for charging a tapping fee whenever the owner of any
22property connects such property with a sewer system constructed
23or acquired by the city, which fee shall be in addition to any
24charges assessed and collected against such property in the
25construction or acquisition of such sanitary sewer by the city,
26or any rental charges assessed by the city. In any case where
27the property connected or to be connected with the sanitary
28sewer system of the city is not equipped with a water meter, the
29city may install such a meter at its own cost and expense. If
30the property is supplied with water from the facilities of a

1public water supply agency, the city shall not install such
2meter without the consent and approval of the public water
3supply agency.]

4Section 307. Article XXXII subdivision (b) heading and
5sections 3220, 3221 and 3222 of the act are repealed:

6[(b) Acquisition of Existing Sewers

7Section 3220. Purchase of Existing Sewers.--Any city, in
8which any corporation created and existing under and by virtue
9of the laws of this Commonwealth, or any person or persons or
10unincorporated associations, have constructed and are
11maintaining or may hereafter construct and maintain sewers,
12culverts, conduits, and pipes, with the necessary inlets and
13appliances, for surface, under-surface and sewage drainage, may
14become the owner of such sewers, culverts, conduits, and pipes,
15with the necessary inlets and appliances, for surface, under-
16surface, and sewage drainage, and the property of such company,
17person or persons, or unincorporated associations, by paying
18therefor the actual value of the same at the time of taking by
19the city.

20Section 3221. Ascertainment of Price in Case of
21Disagreement.--In case of disagreement as to the amount to be
22paid, the same shall be ascertained in the manner provided by
23this act in case of property taken, injured or destroyed.

24Section 3222. Appointment of Viewers.--Whenever the amount
25to be paid by any city to any corporation, person or persons, or
26unincorporated association, for the acquisition of such sewers,
27culverts, conduits, and pipes, with the necessary inlets and
28appliances, shall have been ascertained in the manner provided
29in the preceding section, the court of common pleas of the
30proper county, or any law judge thereof in vacation, on

1application thereto by petition by said city or any person
2interested, shall appoint viewers who shall assess the costs and
3expenses of the sewers, culverts, conduits, and pipes, with the
4necessary inlets and appliances, acquired by said city, upon the
5property benefited according to benefits, if sufficient can be
6found, but if not, then the deficiency, when finally
7ascertained, shall be paid by the city; and the proceedings of
8said viewers, and the proceedings on their report, shall be as
9provided in this act for the assessment of damages and
10benefits.]

11Section 308. The act is amended by adding a section to read:

12Section 3222.1. Acquisition of Existing Sanitary Sewer
13Systems.--(a) A city may, by ordinance, acquire all or part of
14an existing sanitary sewer system or community subsurface
15sanitary sewage collection and treatment system.

16(b) Acquisition may be by any of the following means:

17(1) By purchase, when the city and the owner can agree on a
18price not exceeding the actual value of the sanitary sewer
19system or part thereof to be transferred.

20(2) By deed of dedication to the city by the owner of the
21sanitary sewer system or part thereof.

22(3) If the facilities are within the city, by the exercise
23of eminent domain.

24(c) If any sanitary sewer system or community subsurface
25sanitary disposal collection and treatment system is acquired by
26purchase or eminent domain under this section, the cost of
27acquisition may be distributed or assessed under this act as
28when a sanitary sewer system is constructed by the city.

29(d) The rights, powers and duties of the city with respect
30to acquired sanitary sewer systems are the same as exist with

1respect to sanitary sewer systems constructed by the city.

2Section 309. Article XXXII subdivision (c) heading of the
3act is repealed:

4[(c) Construction of Sewers Outside Cartway and Curb Lines]

5Section 310. Section 3230 of the act, amended August 6, 1963
6(P.L.525, No.280), is amended to read:

7Section 3230. [Power to Construct] Sewers Outside Cartway 
8and Curb Lines.--(a) Cities may require and permit sanitary
9sewers and sewer pipes to be laid and constructed outside the
10cartway and the curb lines thereof in any street or highway.

11The [said] sanitary sewers shall be for the service and use
12of the property on the side of the street or highway in which
13they are laid.

14(b) The costs and expenses of any sanitary sewer laid and
15constructed in accordance with subsection (a) may be assessed
16against the property benefited, improved and accommodated by the
17sanitary sewer.

18Section 311. Section 3231 of the act, amended August 6, 1963
19(P.L.525, No.280), is repealed:

20[Section 3231. Collection of Costs and Expenses.--The costs
21and expenses of any sanitary sewer laid and constructed as
22aforesaid may be assessed against the property benefited,
23improved and accommodated by the sanitary sewer and such costs
24and expenses, when so assessed, shall be assessed and collected
25in the same way and manner as the cost and expenses of other
26sanitary sewers are assessed and collected in the respective
27city in which the same are laid.]

28Section 312. Article XXXII subdivision (d) heading of the
29act is repealed:

30[(d) Joint Sewers]

1Section 313. Section 3240 of the act, amended August 6, 1963
2(P.L.525, No.280), is amended to read:

3Section 3240. Building Joint Sewers.--(a) Cities may
4jointly with other municipalities or [townships or both]
5municipal authorities build and construct sanitary sewers,
6including trunk-line sewers or drains and sewage treatment
7works, and may connect into such system existing sanitary
8sewers, and may assess their respective portions of the cost
9thereof, or so much thereof as may be legally assessable, upon
10property benefited, improved and accommodated by the improvement
11[either by viewers as is provided in the case of cities by
12sections three thousand two hundred and eight, three thousand
13two hundred and nine, and three thousand two hundred and ten of
14this act or by the foot-front rule or assessed valuation, as
15provided in section three thousand two hundred and three of this
16act] pursuant to Article XLV-A. Any portion of the cost of
17[such] an improvement not assessed or not assessable shall be
18paid [by the respective cities, boroughs, and townships joining
19as may be agreed upon] as agreed upon by the respective cities 
20and other municipalities or municipal authorities.

21(b) The cities[, boroughs, and townships] and other 
22municipalities or municipal authorities joining or contemplating
23joining in any such improvement, in order to facilitate the
24securing of preliminary surveys and estimates and the building
25of [such] the improvement, may by ordinance or resolution
26provide for the appointment of a joint sewer board composed of
27one representative from each of the cities[, boroughs, and
28townships] and other municipalities or municipal authorities
29joining which shall act generally as the advisory and
30administrative agency in securing [such] surveys and estimates

1and in the construction of [such] the improvement, and its
2subsequent operation and maintenance. The members of [such] the
3board shall serve for terms of six years each from the dates of
4their respective appointments, and until their successors are
5appointed. The joint sewer board shall organize by the election
6of [chairman, vice-chairman] a chair, vice-chair, secretary, and
7treasurer. The several cities[, boroughs, and townships] and 
8other municipalities or municipal authorities may, in the
9ordinances and resolutions creating the joint sewer board,
10authorize the board to appoint an engineer, a solicitor, and
11[such] other assistants as are deemed necessary; and agree to
12the share of the compensation of [such] the persons each city[,
13borough, and township] and other municipalities or municipal 
14authorities is to pay. The members of the joint sewer board
15shall receive [such] compensation for attending meetings of the
16board, as shall be fixed in the budget prepared by the board for
17submission to and adoption by the several cities[, boroughs, and
18townships] and other municipalities or municipal authorities as
19hereinafter provided[, and the]. The budget item providing for
20the compensation to members for attending meetings shall not
21exceed a total of two hundred and fifty dollars per year, and no
22member shall be paid unless [he] the member actually attends,
23and the fee for each [such] attendance shall be stipulated, and
24the members, in addition thereto, shall be entitled to actual
25expenses to be paid by the respective cities[, boroughs, and
26townships] and other municipalities or municipal authorities
27which [such] the members represent.

28(c) The joint sewer board shall have power to adopt rules
29and regulations to govern its proceedings, and shall prepare and
30suggest any practical measures and plans by means of which the

1joint improvement may be carried to successful completion; and
2the future development of the system, so as to conform to a
3general plan, assured and safeguarded. [It] The joint sewer 
4board shall have power to prepare a joint agreement or
5agreements for submission to and adoption by the several
6cities[, boroughs, and townships] and other municipalities or 
7municipal authorities defining the advisory and administrative
8powers of the board; setting forth the consents of the several
9cities[, boroughs, and townships] and other municipalities or 
10municipal authorities to the proposed improvement; the manner in
11which preliminary and final plans, specifications, and estimates
12for the proposed improvement shall be prepared and adopted; how
13proposals for bids shall be advertised, and contracts let; the
14manner in which the costs of the improvement and other
15incidental and preliminary expenses in connection therewith, and
16the future cost of operation and maintenance shall be equitably
17shared, apportioned, and paid; and all such other matters
18including the preparation and submission of annual and other
19budgets as may be deemed necessary or required by law to carry
20the proposed improvement to completion and to assure future
21maintenance and operation thereof. [But nothing herein] Nothing
22contained herein shall authorize the board to make any
23improvement or expend any public moneys which has not first been
24authorized by all of the cities[, boroughs, and townships] and 
25other municipalities or municipal authorities proceeding with
26the improvement.

27(d) In any case where it shall be necessary to acquire,
28appropriate, injure, or destroy private property of any kind to
29build any [such] joint sewer improvement, and the same cannot be
30acquired by purchase or gift, the right of eminent domain shall

1vest in the city[, borough, or township] or other municipalities 
2or municipal authorities where [such] the property is located.
3In any case where it shall be necessary to acquire, injure, or
4destroy property of any kind in any territory not within the
5limits of any of the cities[, boroughs, or townships] and other 
6municipalities or municipal authorities joining in the
7improvement[;] then, subject to the limitations in 26 Pa.C.S. § 
8206 (relating to extraterritorial takings), the right of eminent
9domain shall be vested in any city[, borough, or township
10adjacent to such territory where such property is located] and 
11other municipalities or municipal authorities joining in the 
12sewer improvement. Damages for any property taken, injured, or
13destroyed shall be assessed as provided by the general laws
14relating to the cities[, boroughs, and townships] and other 
15municipalities or municipal authorities exercising the right of
16eminent domain[;] and pursuant to the procedures of 26 Pa.C.S.
17(relating to eminent domain) if applicable, and shall be paid by
18the several cities[, boroughs, and townships] and other 
19municipalities or municipal authorities joining in the same
20proportion as other costs of the improvement.

21(e) Each of the cities joining in [any such improvement] an 
22improvement authorized by this section shall have power to incur
23or increase its indebtedness[, not exceeding the constitutional
24limits, for the purpose of paying its share or portion of the
25costs of such improvement in the manner provided by law for the
26incurring of indebtedness] in accordance with 53 Pa.C.S. Pt. 
27VII, Subpt. B (relating to indebtedness and borrowing), for the 
28purpose of paying its share or portion of the costs of the 
29improvement.

30Section 314. Section 3241 of the act is amended to read:

1Section 3241. Approval of [Sanitary Water Board] Department 
2of Environmental Protection.--No [such] sewer or plant shall be
3constructed until plans and specifications have been submitted
4to the [Sanitary Water Board] Department of Environmental 
5Protection, and approved in accordance with provisions of [the
6act of assembly providing for such approval] applicable law.

7Section 315. Sections 3242, 3243 and 3244 of the act are
8repealed:

9[Section 3242. Connections with Sewers of Adjacent
10Municipalities.--Any city may connect with an existing sewer,
11owned by any adjacent municipality, for sewage purposes, in the
12manner prescribed in the following sections of this subdivision
13of this article.

14Section 3243. Applications to Court.--Whenever any city
15desires to connect with the existing sewer of any adjacent
16municipality, and no agreement has been reached between such
17city and the adjacent municipality, an application shall be made
18by council to the court of quarter sessions of the county,
19setting forth that fact.

20Section 3244. Appointment of Viewers.--If the court shall be
21of the opinion that such connection can be made without
22impairing the usefulness of the existing sewer, it shall appoint
23three viewers, who shall view the premises and investigate the
24facts of the case, and shall assess the proportionate part of
25the expense of building the original sewer upon such city, and
26shall fix the proportion of the expense for repairs which each
27municipality shall thereafter bear, and determine all other
28questions liable to arise in connection therewith.]

29Section 316. Section 3245 of the act, repealed in part June
303, 1971 (P.L.118, No.6), is repealed:

1[Section 3245. Report of Viewers; Appeals to Court.--The
2viewers shall report to the court the result of their
3investigation, which report shall be confirmed within thirty
4days, unless exceptions thereto be filed. After confirmation of
5such report, or the disposal of any exceptions, any party
6interested may appeal from the decision of the court of quarter
7sessions.]

8Section 317. The act is amended by adding a section to read:

9Section 3245.1. Municipal Corporation; Municipal Authority;
10Agreements for Connections; Appointment of Viewers.--(a) Any
11city may by agreement connect with an existing sanitary sewer
12owned by any municipal corporation or municipal authority for
13either sanitary sewage collection or treatment purposes.

14(b) When any city desires to connect with the existing sewer
15of any municipal corporation or municipal authority and no
16agreement has been reached between the city and the municipal
17corporation or municipal authority, city council shall present a
18petition to the court of common pleas setting forth those facts.
19The court shall fix a day for a hearing and notify all
20interested parties thereof. If, after the hearing, the court
21determines that the connection can be made without impairing the
22usefulness of the existing sanitary sewer system, the court
23shall appoint three viewers to view the premises, investigate
24the facts of the case, assess the necessary costs and expenses
25of making the connection and assess the proportionate part of
26the expense of building the original sanitary sewer system upon
27the city. The court shall determine the proportion of the
28expense for repairs which each municipal corporation, municipal
29authority and the city shall bear and shall determine all other
30questions liable to arise in connection therewith.

1(c) The viewers shall report to the court the result of
2their investigation, which report shall be confirmed within
3thirty days, unless exceptions thereto are filed. After
4confirmation of the report, or the disposal of any exceptions,
5any party interested may appeal from the decision of the court
6of common pleas.

7Section 318. Article XXXII subdivision (e) heading of the
8act is repealed:

9[(e) Power to Furnish Sewerage Facilities Outside of City]

10Section 319. Section 3250 of the act is amended to read:

11Section 3250. Sewers Extended Outside of City.--[All cities,
12wherein the title to the sewerage system therein located, is, or
13shall hereafter be in the name of the city,] A city with a 
14sanitary sewer system may extend [such] the system and construct
15sewers beyond the [bounds of the cities wherein they are located
16into the county and municipalities of the county in the vicinity
17of such cities,] city's boundaries into adjoining municipalities 
18in the county where the city is located and furnish sewer
19facilities to, and permit the tapping and the connection
20therewith by any and all corporations, institutions, persons and
21municipalities in the [counties in which said cities are] county 
22where the city is located in accordance with law and the rules
23and regulations of the Pennsylvania Public Utility Commission.
24This section does not authorize a city to extend a sewerage
25system or construct sewers in territory outside the boundaries
26of such cities in which sewerage facilities are furnished by a
27private company or by a municipality authority.

28Section 320. Article XXXIII and subdivision (a) headings,
29sections 3301 and 3302, subdivision (b) heading and sections
303310, 3311, 3312, 3313, 3314 and 3315 of the act are repealed:

1[ARTICLE XXXIII

2COLLECTION BY INSTALMENT OF THE COST OF STREET

3AND SEWER IMPROVEMENTS

4(a) Street and Sewer Improvements

5Section 3301. Payment of Assessments in Instalments.--
6Whenever any ordinance is passed providing for the grading,
7paving or other improvement of any street, or part thereof, or
8for the construction of any sewer, the expense whereof is to be
9defrayed by local assessments, it may be prescribed in such
10ordinance that the assessments may be paid in not more than ten
11equal instalments, payable at such times as may be fixed by
12ordinance, the last thereof not to be more than ten years after
13the completion of the work on the improvement for which it is
14assessed. The instalments shall bear interest at the rate of not
15more than six per centum per annum, commencing at such time as
16may be fixed by ordinance. If any of said instalments shall
17remain unpaid for two months after the same shall become due and
18payable, the whole of the assessment remaining unpaid shall be
19due and payable. Any person upon whom such assessment has been
20made may pay all or as many as he chooses of such instalments
21before the same are due.

22Section 3302. Collection of Assessments.--All assessments
23made in pursuance hereof shall be collected in the same manner
24and with the same penalties as provided by law for the
25collection of municipal claims.

26(b) Street Improvements

27Section 3310. Issue of Bonds for Payment of Cost of
28Improvement.--In order to provide for the payment of the cost
29and expense of the permanent paving and improvement of any
30street, or part thereof, cities may in addition to other methods

1provided, from time to time, issue their bonds in such sums as
2may be required, in all to an amount not exceeding the cost and
3expense of such improvement and interest thereon.

4Said bonds shall bear the name of the street to be improved.
5They shall bear interest at a rate not exceeding six per centum
6per annum, payable semi-annually, on the first day of July and
7January, and their maturity shall be fixed in accordance with
8the Municipal Borrowing Law.

9Section 3311. Disposition of Proceeds of Sale of Bonds;
10Assessment on Properties.--Said bonds shall be negotiated at not
11less than par as other bonds of said cities are negotiated, and
12the proceeds thereof applied solely to the payment of the cost
13of said improvement. The contract price of the same, and
14interest thereon to the first day, when interest thereon is
15payable, shall be taken as the cost of said improvement, to be
16assessed on the property benefited, according to the provisions
17of this act.

18Section 3312. Entering of Assessments as Liens.--Such
19assessments shall be entered in the proper municipal lien and
20judgment docket in the prothonotary's office, and shall, if
21filed within six months from the completion of the improvements,
22without the issuing of a scire facias to revive, remain a first
23lien upon the property assessed until fully paid, having
24precedence of all other liens, except taxes, and shall not be
25diverted by any judicial sale, unless the payment of the same is
26provided for from the proceeds of such sale.

27The assessment shall state the name of the city claimant, the
28name of the owner or reputed owner, a reasonable description of
29the property, the amount claimed to be due, for what improvement
30the claim is made, and the time when the assessment was finally

1confirmed or made.

2Section 3313. Instalment Payment of Assessments.--Such
3assessment shall be payable at the city treasurer's office in
4equal semi-annual instalments, with interest, at the rate
5provided in said bonds, from the date to which interest was
6computed on the amount of the assessments, or so much as remains
7unpaid from time to time, until all said assessments and
8interest are fully paid. The money so received by the city
9treasurer shall be applied to the sinking fund.

10Section 3314. Collection of Unpaid Instalments.--In case of
11default in the payment of any semi-annual instalment of said
12assessment and interest for a period of sixty days after the
13same shall become due and payable, the entire assessment and
14accrued interest shall become due and payable, and the city
15solicitor shall proceed to collect the same under the provisions
16of laws creating and regulating municipal liens and proceedings
17thereon.

18Section 3315. Payment in Advance; Discharge of Lien as Part
19of Property.--Any owner of property against whom an assessment
20shall have been made for such improvement shall have the right
21to pay the same, or any part remaining unpaid, in full with
22interest thereon to the next semiannual payment due on said
23assessment, and such payment shall discharge the lien. If any
24owner shall subdivide any property after such lien attaches, he,
25in like manner, may discharge the same upon any subdivided
26portion thereof by paying the amount for which said part would
27be liable.]

28Section 321. Article XXXIV heading of the act is amended to
29read:

30ARTICLE XXXIV

1[WATER-COURSES]

2WATERCOURSES, FLOOD PROTECTION PROJECTS

3AND STORM WATER SYSTEMS

4Section 322. Section 3401 of the act is amended to read:

5Section 3401. [Changing of Water-Courses] Establishing and 
6Changing Watercourses, Flood Protection Projects and Storm Water 
7Systems; Removing Obstructions [Therefrom.--Cities].--(a)
8Subject to obtaining, if required, the authorization of the 
9Department of Environmental Protection and of the Federal 
10Government, a city may, by ordinance, [after the consent of the
11Water and Power Resources Board and of the Federal government,
12where required, has first been obtained, establish the lines,
13change and] do any of the following:

14(1) Realign, change or vacate the channels, beds, and mouths
15of [water-courses] watercourses through lands, marshes or waters
16in or adjacent to the city[; crib, wall, confine], subject to 
17the limitations in the act of August 7, 1936 (1st Sp.Sess., 
18P.L.106, No.46), referred to as the Flood Control Law, the act 
19of June 22, 1937 (P.L.1987, No.394), known as "The Clean Streams 
20Law," the act of November 26, 1978 (P.L.1375, No.325), known as 
21the "Dam Safety and Encroachments Act," and 26 Pa.C.S. § 206 
22(relating to extraterritorial takings).

23(2) Confine, pave or completely [inclose, and prevent]
24enclose watercourses within the city.

25(3) Prevent and remove obstructions [therefrom at the
26expense of those causing the same; and, for such purposes, may
27enter upon and condemn such property and materials as may be
28necessary. Cities may construct] and encroachments from 
29watercourses and the banks of streams that threaten or do injure 
30the city or property therein, at the expense of those that
 

1caused the obstruction or encroachment through proceedings at 
2law or equity.

3(4) Construct and maintain dams [as hereinafter provided.
4Cities may also, by ordinance, establish the lines of banks of
5streams of water which pass through or along the boundary of
6such cities, and by proceedings at law or equity prevent and
7remove all such encroachments on the banks of streams and water-
8courses as threaten to or do injure the city or the property
9therein.] in a watercourse flowing through the city, or partly 
10within and partly outside its corporate limits, for the purpose 
11of improving the public health, safety and welfare in the city.

12(5) Plan and provide for projects, infrastructure and
13improvements as a means of managing and controlling storm water,
14which may include, but need not be limited to, the transport,
15storage and the infiltration of storm water and other innovative
16techniques identified in the county-prepared watershed plans
17pursuant to the act of October 4, 1978 (P.L.864, No.167), known
18as the "Storm Water Management Act."

19(6) Plan and provide for projects, infrastructure, and
20improvements as a means of providing flood protection pursuant
21to the Flood Control Law.

22(b) A city may, for any of the purposes in this section,
23purchase, acquire, enter upon, take, use and appropriate private
24property and materials as necessary. Condemnation proceedings
25shall be pursuant to the procedures in 26 Pa.C.S. (relating to
26eminent domain), and any takings of property outside the limits
27of the city shall be subject to the limitations in 26 Pa.C.S. §
28206.

29Section 323. Sections 3402, 3403, 3404, 3405 and 3406 of the
30act are repealed:

1[Section 3402. Notice.--No ordinance for the establishment
2of lines or the vacation or alteration of the course or channel
3of any water-course shall be passed, until notice thereof has
4been given, by publication of the proposed ordinance, at least
5once a week for three consecutive weeks, in one newspaper in
6accordance with the provisions of section one hundred nine of
7this act.

8Section 3403. Viewers to Assess Damages.--The city may, at
9any time after the passage of the ordinance, present a petition
10to the court of common pleas, setting forth the lines
11established and the nature of the vacation or alteration
12proposed in the course or channel of such water-course, together
13with a description of the proposed improvements, and praying the
14court to appoint three viewers to ascertain the damages, costs,
15and expenses resulting therefrom, and to assess the damages,
16costs, and expenses, for so much thereof as the viewers may deem
17reasonable, upon the property benefited.

18Section 3404. Appointment of Viewers.--The court, or any law
19judge thereof in vacation, shall appoint three viewers from the
20county board of viewers, and appoint a time, not less than
21twenty nor more than thirty days thereafter, when the viewers
22shall meet upon the line of the improvement and view the same
23and the premises affected.

24Section 3405. Proceedings to Assess Damages.--The
25proceedings before such viewers for the allowances of damages
26for property taken, injured or destroyed, and for the assessment
27of benefits upon property benefited, shall be as provided in
28this act for the assessment of damages and benefits in eminent
29domain proceedings.

30Section 3406. Discontinuance of Proceedings.--If any city

1shall repeal any ordinance passed, or discontinue any proceeding
2taken, providing for any such improvements, prior to the entry
3upon, appropriation, or injury to any property or materials, the
4city shall not be liable to pay any damages, but all costs upon
5any such proceeding, together with any actual damage or injury
6sustained by reason of such proceeding, shall be paid by the
7city.]

8Section 324. Sections 3407 and 3408 of the act are amended
9to read:

10Section 3407. [Liens.--When the court has entered its final
11decree confirming the report or fixing the assessments, the] 
12Assessment of Benefits; Liens.--With regard to improvements made 
13pursuant to section 3401(a), a city may, if feasible, assess the 
14benefits upon property benefited by the improvements pursuant to 
15Article XLV-A. The assessments of benefits shall become liens
16upon the property assessed. Claims therefor may be collected in
17the same manner as municipal claims are collected, or they may
18be collected by action of assumpsit, the lien of the judgment,
19however, to be limited to the property assessed.

20Section 3408. Waters Excepted.--Nothing contained in the
21preceding sections of this article shall apply to any [water-
22course] watercourse used by any municipality or water company as
23a source of supply, unless [such] the municipality or water
24company shall consent to [such] the vacation or alteration.

25Section 325. Section 3409 of the act is repealed:

26[Section 3409. Construction of Dams.--Whenever the consent
27of the Water and Power Resources Board and of the Federal
28government, whenever necessary, has been granted to any city to
29construct and maintain a dam, in a public navigable river or
30stream flowing through, or partly within and partly without its

1corporate limits, for the purpose of improving the sanitary
2conditions thereof, such city may purchase, acquire, enter upon,
3take, use and appropriate private property, either within or
4without its territorial limits, for that purpose. If the city
5cannot agree with the owner or lessee of such private property
6upon the compensation for the property appropriated or the
7damages done, or when, by reason of the absence or legal
8incapacity of any such owner or lessee, no such compensation can
9be agreed upon, the court of common pleas of the county in which
10such property may be situate, or any judge thereof in vacation,
11on application thereto by petition by said city or such owner,
12lessee, or any person affected, shall appoint viewers to view
13and ascertain the damages done by reason thereof, and the
14proceedings thereupon shall be as provided in this act in the
15case of property taken, injured or destroyed.]

16Section 326. Article XXXV heading of the act is amended to
17read:

18ARTICLE XXXV

19[PUBLIC] UTILITY SERVICE

20Section 327. Article XXXV subdivision (a) and subheading (1)
21headings and section 3501 of the act are repealed:

22[(a) Water Supply

23(1) General Provisions

24Section 3501. Exclusive Right to Furnish Water to City;
25Frontage Tax.--Each city shall have the exclusive right, at all
26times, to supply the city with water, and such persons,
27partnerships, and corporations therein as may desire the same,
28at such prices, as may be agreed upon; and for that purpose to
29have, at all times, the unrestricted right, by ordinance,
30subject to the provisions of existing laws, to make, erect, and

1maintain all proper works, machinery, buildings, cisterns,
2reservoirs, pipes, conduits, for the raising, reception,
3conveyances, and distribution of water; or, in territory not
4supplied with water, to make contracts with and authorize any
5person, company, or association so to do and to give such
6person, company, or association the privilege of furnishing
7water, as aforesaid, for any length of time not exceeding ten
8years. Whenever an extension of a supply of water to portions of
9the city not previously supplied shall be made, it shall be
10lawful to charge all owners of houses, lots, and buildings on
11each side of the street a frontage tax for the local water
12supply part thereof according to the foot front or the assessed
13valuation of the property for city purposes or according to
14benefits. This tax shall be collected and recovered in the
15manner provided by law for the recovery of municipal claims. The
16legal title to all waterworks heretofore vested in any city by
17equitable title shall, after the effective date of this act, be
18vested in such city. Said waterworks shall be operated,
19maintained, and managed in the same manner and subject to the
20same provisions as any waterworks, owned or acquired by cities.]

21Section 328. The act is amended by adding a section to read:

22Section 3501.1. Right to Furnish Water, Lighting, Electric,
23Gas or Other Similar Utility Service.--(a) A city may supply
24water, lighting, electric, gas or other similar utility service
25for public and private uses within the city. For these purposes,
26a city shall have the power to install, maintain, and operate
27all necessary facilities and to acquire property and make
28improvements as needed. In carrying out the authority granted by
29this section, a city may exercise all powers granted to it under
30this act or any other law deemed necessary to carry out the

1purposes of this section, including the power to acquire, by
2eminent domain or otherwise, and the power to temporarily use or
3lease, property.

4(b) A city supplying water, lighting, electric, gas or other
5similar utility service shall have the authority to fix the
6rates and charges applicable thereto in accordance with section
73587.

8(c) For the purposes of this section, a city shall have the
9authority to incur debt in accordance with 53 Pa.C.S. Pt. VII,
10Subpt. B (relating to indebtedness and borrowing).

11Section 329. Article XXXV subheading (2) heading, sections
123505, 3506 and 3507, subheading (3) heading, sections 3515,
133516, 3517, 3518, 3519, 3520 and 3521, subheading (4) heading,
14sections 3530, 3531 and 3532, subheading (5) heading and section
153540 of the act are repealed:

16[(2) Acquisition by Eminent Domain

17Section 3505. Appropriation of Lands and Waters.--Any city
18desiring to erect water-works, or to improve its water supply,
19may appropriate springs, streams, rivers, or creeks, and lands,
20easements, and rights of way, within or without its limits; and,
21for the purpose of conducting water obtained outside the limits
22of the city, may lay pipes under and over any lands, rivers,
23streams, bridges, highways, and under railroads. No water
24appropriated under the provisions of this section shall be used
25in such manner as to deprive riparian owners thereon of the free
26use and enjoyment of the same for domestic or farm purposes.

27Section 3506. Agreements as to Damages; Bonds.--Prior to any
28such appropriation, the city shall attempt to agree with the
29owner as to the damage done, or likely to be done. If the
30parties cannot agree, or the owner cannot be found, or is under

1legal incapacity, the city shall petition the court of common
2pleas to fix the amount of its bond, with or without surety, as
3the court may direct, conditioned for the payment to the owner
4of the property of the damages for the taking thereof, when the
5same shall have been ascertained, and shall file said bond, as
6approved, in the said court.

7Section 3507. Appointment of Viewers; Proceedings.--Upon
8petition of either the property owner or city, the court shall
9appoint three viewers from the county board of viewers, who
10shall assess the damages for the property or rights
11appropriated, and shall fix a time for their meeting, of which
12notice shall be given to all parties interested by newspaper
13publication, at least once in at least one newspaper, ten days
14prior to such meeting, as required by section one hundred and
15nine of this act, and the posting of hand bills along the line
16of said improvement. The proceedings for the assessment of
17damages shall be as provided in this act in case of property
18taken, injured or destroyed.

19(3) Acquisition by Purchase after Appraisement

20Section 3515. Petition to Court Expressing Desire to Acquire
21Water-Works.--Whenever any person, firm, or corporation shall
22own any water-works or system which furnishes water within the
23city, such city may present its petition to the court of common
24pleas of the county, setting forth that the city is desirous of
25owning and operating such water-works or system, and that it
26will be necessary to issue bonds, to be secured by such water-
27works or system, and that a value should be placed upon such
28water-works or system, including all property, real and
29personal, used in connection therewith. A city may acquire, by
30agreement with the owner thereof, any water-works or system

1which furnishes water within the city, or a part thereof, and
2within nearby municipal subdivisions, or parts thereof.

3Section 3516. Appointment of Engineers as Appraisers to Make
4Valuation.--The court shall thereupon appoint three registered
5engineers, in civil engineering, as appraisers, to value and
6appraise such water-works or system, and the property used in
7connection therewith, and the contracts or agreements with
8municipalities or townships, who shall file their report in the
9court within three months after their appointment, unless such
10time be extended by the court.

11Section 3517. Powers of Appraisers.--The appraisers shall
12have access to the books and records of the person, firm, or
13corporation, owning such water-works or system, to inform
14themselves as to the income and value thereof. They shall have
15power to administer oaths and are authorized to take the
16testimony of witnesses. Their report shall be final if not
17appealed from.

18Section 3518. Appeal from Appraisement.--Within ten days
19after notice of the filing of any report, either party may
20appeal from such appraisement, alleging an undervaluation or
21overvaluation of the property, and praying for a hearing before
22the court. The court shall thereupon fix a time when such appeal
23may be heard, of which time at least ten days' notice shall be
24given to the parties, and, upon such hearing, the court shall
25have power to modify such report, and either party may appeal
26from the final confirmation of such report to the Superior or
27Supreme Court.

28Section 3519. Effect of Failure of Owner of Works to Accept
29Price Fixed.--After the value is finally determined, the city
30may buy such water-works or system at the valuation so fixed;

1and the person, firm, or corporation owning the same shall,
2within ten days after notice, file in court its consent to sell
3and convey its water-works or system and property to the city at
4the valuation fixed. And, in default thereof, such person, firm,
5or corporation shall cease to have any exclusive privilege of
6supplying the city, or the citizens thereof, with water, and the
7city may install such water-works or system as may be necessary
8for the accommodation of the public.

9Section 3520. Issue of Bonds.--For the purpose of any
10purchase authorized by this article, the city may issue general
11obligation bonds or utility bonds or non-debt revenue bonds
12issued as provided by the Municipal Borrowing Law.

13Section 3521. Limit of Bond Issue.--Such bonds shall not
14exceed in amount the value fixed by the appraisers or the court.
15The proceeds of the sale of such bonds shall be used exclusively
16for the purpose of paying for the property acquired.

17(4) Acquisition of Competing Water Companies by Cities

18Section 3530. Power to Acquire Companies Operating in Same
19Territory.--Any city owning, operating, or controlling a system
20of water-works for the supplying of water to persons,
21partnerships, and corporations residing therein, and for
22municipal purposes, whether the title to the said water-works be
23in the name of commissioners of water-works or in the city
24itself or otherwise, may acquire all the water-works, including
25water pipes, mains, service attachments, fire hydrants, and
26improvements of any water corporation or private individual
27operating partly within and partly without the limits of the
28said city, both so much as is included within the limits of the
29said city, and so much as is without the limits of the said
30city, serving the territory adjacent thereto, and acquire and

1exercise all of the franchises and powers of said prior owner
2both within and without the city limits.

3No such municipal acquisition shall be valid until, upon
4application filed by the city and formally joined in by the
5proposed vendor water company, the Public Utility Commission
6shall have found and determined, after public hearing, that the
7granting of such application and the service contemplated by the
8city is necessary or proper for the service, accommodation, and
9convenience of the public. In any such proceeding, the entire
10matter shall be before the commission, and no further specific
11approvals of the said commission, which might otherwise be
12required, shall be necessary.

13Section 3531. Service Outside Limits Subject to Control of
14Public Utility Commission.--The service of water by any such
15city in the territory outside of the limits of the city shall be
16subject to regulation and control by the Public Utility
17Commission as to character of service, extensions, and rates,
18with the same force and in like manner as though the city
19serving in such territory were in fact a water corporation and
20with respect to such territory outside of the limits of the
21city, and shall have all the powers and be subject to all the
22duties of a water corporation.

23Section 3532. Different Rates Within and Without City.--
24Inasmuch as the city may be serving its inhabitants at less than
25the actual cost of service, including capital charges and
26depreciation, because the plant may have been or may be built
27and operated in part out of the funds raised by municipal
28taxation, no rate, classification, rule, regulation, or
29practice, put in operation by the city in the portion of its
30territory supplied, located beyond the city limits shall be

1considered as unjustly discriminatory solely by reason of the
2fact that a different rate, classification, rule, regulation, or
3practice is in operation within the boundaries of the
4municipalities with respect to a similar service rendered.

5(5) Power to Furnish Water to Consumers outside City

6Section 3540. All cities wherein the title to the water-
7works therein located is or shall hereafter be in the name of
8the city may extend the water-pipes and improvements of any such
9water-works, beyond the bounds of the cities wherein they are
10located, into the county and municipalities of the county in the
11vicinity of such cities; and furnish water to any and all
12corporations, institutions, persons, and municipal subdivisions
13in the counties in which said cities are located, in accordance
14with law and the rules and regulations of the Public Utility
15Commission. This section does not authorize a city to extend
16water-pipes or supply water in territory, outside the boundaries
17of such cities, which territory is being supplied with water by
18a private company.]

19Section 330. The act is amended by adding a section to read:

20Section 3540.1. Power to Furnish Utilities to Consumers
21Outside City.--A city that provides utility service in
22accordance with section 3501.1 may provide utility service in
23surrounding municipalities, or portions thereof, which are not
24provided with such services by those surrounding municipalities,
25local or regional public authorities or private companies,
26subject to and in accordance with applicable law and the rules
27and regulations of the Pennsylvania Public Utility Commission
28with regard to the character of service, extensions and rates.

29Section 331. Article XXXV subheading (6) heading, sections 
303550, 3551, 3552 and 3553, subheading (7) heading, sections
 

13560, 3561, 3562, 3563 and 3564, subheading (8) heading and 
2sections 3570 and 3571 of the act are repealed:

3[(6) Power to Lease Water-Works

4Section 3550. Lease of Water-Works.--The council of any city
5may, on behalf of such city, enter into a contract with any
6private individual, copartnership, association, or corporation,
7for the leasing of any water supply, works, systems, and
8property, or both, of such private individual, copartnership,
9association, or corporation.

10Section 3551. Terms of Lease; Rental.--The said leasing may
11be for such term of years and at such rental, as shall be agreed
12upon by the city and the private individual, copartnership,
13association, or corporation.

14Section 3552. Operation of Property.--The property, so
15acquired, shall be operated in the same manner as if the same
16had been acquired by such city by purchase or condemnation
17proceedings.

18Section 3553. Rates.--The council of the city, subject to
19the Public Utility Law, shall fix the rates to be charged for
20the water furnished without the limits of such city to
21individuals, copartnerships, associations, or corporations.

22(7) Condemnation of Lands for Road Purposes and to

23Prevent Contamination

24Section 3560. Overflowing Roads; Acquisition of Lands to
25Reconstruct Roads.--Whenever any city, in supplying water to the
26public, shall find it necessary, in storing water, to occupy and
27overflow with water portions of any turnpike or public road, or
28whenever any public road leads into or crosses over any
29reservoir used for the storage of water, the city shall cause
30such turnpike or road to be reconstructed, at its own expense,

1on a favorable location and in as perfect manner as the original
2road, and, for such purposes, is authorized to condemn land
3whenever an agreement as to the price cannot be had with the
4owners.

5Section 3561. Filing Maps and Plans.--After such change is
6made, the city shall file in the court of quarter sessions of
7the county a map or plan showing such change of road, and shall
8furnish to the supervisors or other authorities of the township,
9or municipal corporation, a copy of such map.

10Section 3562. Condemnation of Lands to Prevent
11Contamination.--Cities may acquire, by purchase or condemnation,
12such lands along and contiguous to the streams of water or
13reservoirs from which water is taken for public use, as may be
14necessary to preserve the same from contamination.

15Section 3563. Security for Payment of Damages.--No land
16shall be taken, injured or destroyed for the uses mentioned in
17this subdivision of this article until compensation therefor
18shall have been paid, or secured, before such taking, injury or
19destruction.

20Section 3564. Condemnation Proceedings.--The damages
21incurred in changing the location of any such turnpike or public
22road, and in condemning land to preserve water from
23contamination, shall be ascertained in the manner provided in
24this act in case of property taken, injured or destroyed.

25(8) Miscellaneous Provisions

26Section 3570. Power of City to Patrol Through Private
27Lands.--Any city owning and operating a water-works system is
28hereby authorized and empowered to enter, by any of its
29employes, upon private lands through which may pass any stream
30or streams of water supplying such city, for the purpose of

1patrolling the drainage area of such stream or streams, and
2making investigations or inquiries pertaining to the condition
3of the stream or streams, sanitary or otherwise. Any injury or
4damage done to the property, so entered upon, shall be paid by
5such city.

6Section 3571. Leasing of Part of Water-Works for Yacht
7Harbor.--The council, or the commission of water-works, or other
8body of any city having charge and control of the water-works
9property of any such city, may, subject to the approval of the
10State Department of Health, and subject to proper restrictions,
11lease, for a period of years, any portion of the real property,
12not exceeding three acres, and any water area, under its
13control, and not necessary or essential for the operation and
14maintenance of such water-works, for the purpose of establishing
15and maintaining a harbor for yachts and for the erection of
16proper and suitable buildings in connection therewith, whenever
17the occupation of the grounds and water areas so leased shall
18not interfere with the operation of such water-works or in any
19manner affect the sanitary conditions of any public water
20supply.

21Any such lease, before the same is executed, shall be
22submitted to and be approved by the Department of Health.]

23Section 332. Section 3572 of the act, added August 19, 1953
24(P.L.1100, No.297), is repealed:

25[Section 3572. Accumulation of Funds; Repair and Replacement
26of Water Supply Systems.--Any city, which now has or may
27hereafter acquire title to any water-works, shall create a
28special fund and accumulate therein money to be expended
29exclusively for the repairing and replacing of its water supply
30system. The city shall annually place into the fund the

1difference between ten (10) per cent of the net receipts
2collected by it incidental to the supplying of water and water
3service and the amount, if any, expended in repairing or
4replacing its water supply system. The total amount in the
5special fund shall not exceed in the aggregate ten (10) per cent
6of the net receipts for any three years.

7The provisions of this section shall not be construed to
8limit the powers of the city to use receipts from water or water
9services for purposes of repairing or replacing its water supply
10system.]

11Section 333. Article XXXV subdivision (b) heading, sections
123575 and 3576, subdivision (c) heading and sections 3580, 3581,
133582, 3583 and 3584 of the act are repealed:

14[(b) Power and Light

15Section 3575. Power to Furnish Light.--Cities shall have the
16exclusive right, at all times, to supply the city with electric,
17gas or other light, and such persons, partnerships, and
18corporations therein as may desire the same, at such prices as
19may be agreed upon; and shall have at all times, the
20unrestricted right to make, erect, and maintain the necessary
21buildings, machinery, and apparatus for manufacturing and
22distributing the same, or, in territory not supplied with light,
23to make contracts with and to authorize any person, company, or
24association so to do, and to give such person, company, or
25association the privilege of supplying gas or other light, as
26aforesaid, for any length of time not exceeding ten years.

27Section 3576. Street Lighting; Ornamental Lighting
28Systems.--Cities may, by ordinance, provide for and regulate the
29lighting of streets with gas or electric light, or light by
30other means, and, upon petition of the majority of the property

1owners in number or interest abutting on any street or section
2thereof, may install ornamental lighting systems and assess the
3costs of installation, maintenance, or operation entirely upon
4the city, or entirely upon the abutting property owners, or
5partly upon the abutting property owners and partly on the city.

6(c) Water and Lighting Commission

7Section 3580. Creation of Water and Lighting Department.--
8Any city which now has or which may hereafter have the title to
9any water, gas, or electric light works, by conveyance to the
10same or by operation of law in its corporate name, or which may
11hereafter erect or purchase water, gas, or electric light works,
12under the provisions of this act, may create a department to be
13called the water and lighting department, and, for the
14organization and government of the same, the council may divide
15the city into three districts for the election of a board of
16commissioners, which districts shall be numbered one, two, and
17three; one commissioner to be chosen from each respective
18district, of which he shall be a resident at the time of his
19election, and no member of council or person holding any city
20office shall be eligible as a member of said board.

21Section 3581. Election of Members of Commission.--The
22council of such city creating such department, as aforesaid,
23may, on the second Monday of April, or within thirty days
24thereafter, elect one person from each of said districts as a
25member of the board of commissioners of the water and lighting
26department; and at the first election each member of council
27shall vote for but two commissioners, and the three persons,
28being one from each of said districts, having the highest number
29of votes shall be declared elected. The commissioners so elected
30shall serve for the term of one, two, and three years,

1respectively, to be computed from the date of election, and
2until their successors are duly elected and qualified. The term
3of each shall be determined by lot at the first meeting of the
4board, and thereafter on the second Monday of April of each
5year, or within thirty days thereafter, the council shall elect
6one commissioner to serve for the term of three years.

7Section 3582. Compensation of Commissioners; Oath; Removal;
8Filling of Vacancies.--The members of the board of
9commissioners, created as aforesaid, shall receive such
10compensation for their services as may be provided by ordinance.
11Before entering upon their respective duties, they shall take
12and subscribe the oath prescribed by this act for city officers,
13and they shall be removable by council for misdemeanor in office
14or neglect of duty. All vacancies occurring in the board shall
15be filled by council for the unexpired term.

16Section 3583. Duties of Board.--The board shall take charge
17of the water and lighting department so created, and shall
18employ and dismiss at pleasure a superintendent and a clerk, who
19shall be secretary of the board, whose compensation shall be
20fixed by council. The board shall employ such laborers,
21mechanics and workmen as they may deem necessary for the
22economical and efficient administration of said department. They
23shall purchase such materials and supplies as may be required
24for keeping the works in good repair, and have charge and
25control of all constructions, repairs, enlargements and
26extensions of the works, and shall conduct and manage the
27affairs and business of the department in accordance with law
28and the directions of council.

29Section 3584. Estimates of New Work to be Furnished
30Council.--The said board of commissioners shall, whenever called

1upon by council, make and submit to them full estimates of the
2cost, charges and expenses of any new work, enlargement,
3extension of water or lighting supply, or alteration which
4council may contemplate making relative to said works; and may,
5at any time, submit to council any suggestions and estimates
6they may see proper to make touching the improvement, extension,
7or enlargement of said works, but no new construction,
8reconstruction, extension, supply of water or light, or
9enlargement of said works shall be undertaken by said
10commissioner so created, or materials or supplies be purchased
11therefor, without the previous consent and direction of
12council.]

13Section 334. Section 3585 of the act is amended to read:

14Section 3585. Payment of Cost of [Extensions by Property
15Owners; Frontage Tax] Extensions.--Whenever an extension of [a
16supply of] pipes, wires or conduits is made to permit a city to 
17supply water or light, electric, gas or other similar utility 
18service to portions of the city not previously supplied [shall
19be made by the said commissioners, they shall make out a full
20statement of the number of feet of main pipes laid or extended
21through any of the streets of the city in which main pipes were
22not laid before the said extension, and shall file the same in
23the department; and it shall be the duty of the clerk of said
24department, forthwith, on receipt of said statement to make out
25a list of all owners of houses, lots and buildings on each side
26of the street through which said pipes are extended, and to
27charge said owners, and each of them, for each and every house,
28lot or building so situated in said streets, at such rate per
29foot as council may by ordinance fix, for said mains extending
30along the front of their respective houses, lots and buildings.

1Nothing herein contained shall be construed to prevent council
2from providing for the payment of water and gas pipes by the
3city] with such service, an assessment of the costs thereof may 
4be made in accordance with Article XLV-A.

5Section 335. Section 3586 of the act is repealed:

6[Section 3586. Collection of Frontage Tax; Assessment of
7Cost.--Said charge shall be called the frontage water tax, or
8lighting tax, as the case may be, and shall be collected and
9recovered in the manner provided by law for the recovery of
10municipal claims. Whenever any pipes for the conveyance of water
11or light shall be laid in any of the streets or highways within
12such city, the owners of the ground in front of which the same
13shall be laid shall pay for the expense thereof such sum for
14each foot of the front of their ground upon such street as
15council may, by ordinance, direct: Provided, That in all corner
16lots an allowance shall be made of one-third the length of their
17front, but such allowance shall be always and only on the street
18having the longest front and in case both fronts are of equal
19dimensions, the allowance shall be made in the street in which
20the pipes shall be last laid, but in no case shall the allowance
21exceed sixty feet on any corner lot: And provided further, That
22when a corner lot shall have erected upon it two or more
23separate tenements, there shall only be an allowance made equal
24to one-third of the depth of the corner tenement and the yard
25adjoining. The provisions of this and the foregoing section
26shall not apply to any lot or piece of ground in such city upon
27which there may be a supply of water or gas obtained from any
28other source whatever, but if at any time the owner of such lot
29or piece of ground shall desire to obtain a supply of water or
30gas from the works of such city, then and in that case the

1provisions of this section shall first be complied with.]

2Section 336. Section 3587 of the act is amended to read:

3Section 3587. Fixing Rates.--[The board of commissioners
4may] Council shall fix, or may delegate to a city department the 
5power to fix, with the approval of council, [fix the water and
6lighting rates, and the quantity to be used, and for that
7purpose they shall, on the first Monday of March in each year,
8establish the rates for the succeeding year, which rates shall
9be submitted by them to council for its approval, and, when
10approved, such rates shall not be changed for and during the
11year, but if not approved, the existing rates shall continue
12until modified by the commissioners, with the approval of
13council] rates for the use of water or light, electric, gas or 
14other similar utility service and, in the case of consumers 
15outside the city, the fixing of rates shall be subject to and in 
16accordance with applicable law and the rules and regulations of 
17the Pennsylvania Public Utility Commission.

18Section 337. Section 3588 of the act, amended December 18,
191992 (P.L.1424, No.175), is amended to read:

20Section 3588. Collection of [Lighting and Water] Utility
21Charges.--(a) Council shall provide, by ordinance, for the
22collection of [all the lighting and water] charges for the use 
23of water or light, electric, gas or other similar utility 
24service that may accrue, from time to time, to the city [for the
25use of the water or light], fixing the time when [such] the
26charges shall be payable, and the penalties for nonpayment
27thereof[; and such] . The charges shall be assessed to the
28respective owners of the real estate on which [such water or
29light] the utility service is used, and if the same shall not be
30paid in accordance with the provisions of [such] the ordinance,

1claims for the amounts due [shall be registered in the city lien
2docket in the same manner as provided by law in the case of
3unpaid city taxes on real estate, with the like force and effect
4as to the lien thereof.] may be filed as a lien and collected in 
5accordance with the Municipal Claim and Tax Lien Law.

6(b) In the case of a city which has agreed to provide water
7service through a separate meter and separate service line to a
8residential dwelling unit in which the owner does not reside,
9the owner shall be liable to pay the tenant's bill for service
10rendered to the tenant by the city only if the city notifies the
11owner and the tenant within thirty days after the bill first
12becomes overdue. Such notification shall be provided by first
13class mail to the address of the owner provided to the city by
14the owner and to the billing address of the tenant,
15respectively. Nothing herein shall be construed to require a
16city to terminate service to a tenant, provided that the owner
17shall not be liable for any service which the city provides to
18the tenant ninety or more days after the tenant's bill first
19becomes due unless the city has been prevented by court order
20from terminating service to that tenant.

21Section 338. Section 3589 of the act is repealed:

22[Section 3589. Report to Council; Accounts of City
23Treasurer; Disposition of Surplus.--The board of commissioners
24shall, annually at a stated meeting of council in the month of
25January, report to said council a full statement of all the
26repairs, alterations, reconstructions, new constructions,
27expenditures, and everything relating to the management and cost
28to the city of maintaining each of the said works. The city
29treasurer shall keep his accounts in such manner as to show in
30his monthly report, distinctly and separately, the entire amount

1of revenue realized during each month from the water and
2lighting departments of said city, respectively; and the
3revenues derived from the said water and lighting departments
4shall be applied exclusively to the purposes of said
5departments, respectively; and the surplus, if any, to the
6reduction of the debt thereof. Any surplus revenues from said
7water and lighting departments, after the payment of all the
8debts of said respective departments, shall be applied as
9follows: The surplus from the water revenues, to the reduction
10of the bonded indebtedness which has been created by the city
11for the erection and construction of its water-works; and the
12surplus from the lighting revenues, to the reduction of any
13bonded indebtedness which has been created by the city for the
14erection and construction of its lighting plant.]

15Section 339. The act is amended by adding a section to read:

16Section 3590. Disposition of Revenues.--The revenues derived
17from the city's furnishing of water, light, electric, gas or
18other similar utility service shall be applied as follows:

19(1) to the purposes of the respective departments under the
20direction of which the utility service is provided;

21(2) for the reduction of debt related to the provision of
22that service; and

23(3) to any other city department that provides labor or
24materials for the maintenance and repair of property or
25facilities relating to the city's provision of a utility
26service.

27Section 340. Article XXXVI heading is reenacted to read:

28ARTICLE XXXVI

29PUBLIC BUILDINGS AND WORKS

30Section 341. Section 3601 of the act is amended to read:

1Section 3601. [Hospitals, Jails, Poor Farms, Et Cetera.--
2Each city may, by ordinance, erect] Public Buildings 
3Generally.--(a) With regard to public buildings, each city may, 
4by ordinance, do any of the following:

5(1) Erect, purchase, establish or maintain [hospitals,
6jails, workhouses, or houses of correction for juvenile or other
7offenders and prescribe regulations for the government thereof;
8and erect] all public buildings. [necessary for the use of the
9city, or of any department thereof; purchase, take, use, or
10occupy, private lands upon which to erect any of the said
11buildings; purchase, take, use, or occupy, within or without the
12limits of the respective city, whether within the county wherein
13is located the city, or within a county adjacent thereto, or
14within both, private lands and buildings; establish and maintain
15a general hospital, or hospitals, for the cure and treatment of
16the sick and injured, or a hospital or hospitals for the
17treatment and separation of persons suffering with contagious or
18infectious diseases, and prescribe rules and regulations for the
19government, management, and maintenance thereof; purchase, take,
20use, or occupy, within the limits of the county of such city or
21within a county adjacent thereto, or within both, private lands
22upon which to establish and maintain a poor farm, with all
23necessary and convenient buildings and appliances, where the
24city may support and maintain such poor persons as such city is
25by law required to support and maintain; acquire, by purchase,
26or in other lawful manners, within or without the city, but
27within the county or counties in which the city is located,
28sufficient real estate for present and future use upon which to
29erect workhouses or houses of detention, poor houses, garbage
30and incinerating furnaces. The proceedings for the assessment of

1damages for any property taken, occupied or used for any such
2purpose shall be the same as provided in this act for property
3taken, injured or destroyed.]

4(2) Purchase, take, use, occupy, or acquire, by any lawful
5means, including eminent domain, private lands, buildings and
6property in order to erect, establish or maintain public
7buildings.

8(b) For purposes of this article, public buildings shall
9include not only those buildings or structures which council
10deems necessary for the use of the city, but also other
11buildings and structures which are to be used for a public
12purpose, including public auditoriums, public libraries, public
13memorial buildings and monuments.

14Section 342. Section 3602 of the act is repealed:

15[Section 3602. Public Auditoriums, Libraries, Memorials and
16Monuments.--Cities may take, purchase, or acquire, by any lawful
17means, or through condemnation proceedings, property for the
18purpose of erecting thereon public auditoriums, public
19libraries, public memorial buildings, and monuments.]

20Section 343. Section 3603 of the act is amended to read:

21Section 3603. Payment of Cost of Erection and Maintenance.--
22Cities may appropriate money [or issue bonds for the erection,
23on said property purchased or acquired through condemnation
24proceedings, public auditoriums, public libraries, public
25memorial buildings, and monuments] and incur debt in accordance 
26with 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and 
27borrowing) for the purchase or acquisition through eminent 
28domain of private lands, buildings and property in order to 
29erect or establish public buildings. Cities may also appropriate
30moneys for the operation and maintenance of [such public

1auditoriums, public libraries, memorial buildings, and
2monuments] public buildings.

3Section 344. Section 3604 of the act is repealed:

4[Section 3604. Proceedings for Assessment of Damages.--All
5proceedings for the assessment of damages for property taken for
6auditoriums, libraries, memorials and monuments shall be had in
7the manner provided by this act for property taken, injured or
8destroyed.]

9Section 345. Sections 3605, 3606 and 3607 of the act are
10amended to read:

11Section 3605. Donation of Land by City for Library Purposes; 
12Contributions [toward Maintenance.--Cities may donate ground 
13thus acquired for a public library to any library association 
14provided said association will furnish the funds for the 
15erection of the library building, the plans of which are 
16approved by the city, but only in such cases where the said 
17library association is by its by-laws and charter compelled to 
18put back into the property and surplus earnings from the 
19operation of said library. Cities may make appropriations 
20towards the operating expense of such library.] toward 
21Maintenance.--In addition to the power to make appropriations, 
22donations and gifts for library purposes in accordance with 24 
23Pa.C.S. Ch. 93 (relating to library code) a city may acquire and 
24donate land for library purposes to a local library as defined 
25in 23 Pa.C.S. § 9302 (relating to definitions).

26Section 3606. Rental of Public Auditoriums; Disposition of
27Proceeds.--Cities, in the case of public auditoriums, may, by
28order of council, charge a rental for the use of [said] the 
29public auditorium. All moneys derived from rental of [said] the 
30public auditoriums shall be paid into the general fund of the

1city.

2Section 3607. [Leasing of City Property as Memorials.--Each
3city may lease real estate, the property of said city,] Long-
4Term Improvement Leases.--(a) A city may lease city real estate
5on [long term] long-term improvement leases, at a nominal rental
6or otherwise, to a [corporation of the first class] nonprofit 
7corporation, for the purpose of providing an auditorium for
8dramatic, musical, artistic, literary, scientific or patriotic
9societies or events, or for such other purposes as may be
10approved, from time to time, by council.

11(b) A long-term improvement lease shall be for a term of not
12more than ninety-nine years, and may provide for a right of
13renewal for a like term, and shall contain provision for the
14improvement of the real estate by the lessee by the erection of
15a suitable building or buildings of dignified and appropriate
16architecture, absolute ownership of which building or buildings
17shall revert to the city, free of any claim or charge, at the
18end of the term of the lease or any renewal thereof.

19(c) The building or buildings erected pursuant to a long-
20term improvement lease may be used for any one or more of the
21following purposes, which are hereby declared, in respect of
22this subject matter, to be used for public purposes: As an
23auditorium for dramatic, musical, artistic, literary, or
24scientific events, including provision for the accommodation of
25patriotic societies or groups, or such other accommodations and
26features as may be approved, from time to time, by the city.

27(d) The title to property subject to a long-term improvement
28lease shall remain in the city, and for purposes of local
29taxation, the property which is subject to a long-term
30improvement lease and the leasehold estate created thereby shall

1be deemed to be devoted to a public purpose and public use.

2(e) The lessees under a long-term improvement lease shall be
3exclusively liable for the maintenance and upkeep of the demised
4premises, and shall be solely responsible for the maintenance
5and operation thereof.

6(f) Any long-term improvement lease may provide that the
7lessor shall be entitled to receive a sum equal to the net
8income of the demised premises after reasonable reserves and
9proper amortization charges.

10Section 346. Sections 3608, 3609, 3610, 3611 and 3612 of the
11act are repealed:

12[Section 3608. Term of Lease; Renewals; Improvements to be
13Erected.--Every such lease shall be for a term of not more than
14ninety-nine years, and may provide for a right of renewal for a
15like term, and shall contain provision for the improvement of
16the real estate by the erection of a suitable building or
17buildings of dignified and appropriate architecture, absolute
18ownership of which building or buildings shall revert to the
19city, free of any claim or charge, at the end of the term of the
20said lease or any renewal thereof.

21Section 3609. Use of Buildings.--The building or buildings,
22so erected, may be used for any one or more of the following
23purposes, which are hereby declared, in respect of this subject
24matter, to be used for public purposes: As an auditorium for
25dramatic, musical, artistic, literary, or scientific events,
26including provision for the accommodation of patriotic societies
27or groups, or such other accommodations and features as may be
28approved, from time to time, by the city.

29Section 3610. Title in City; Exemption from Taxation;
30Maintenance.--The title to the said property, as so improved,

1shall remain in the city, and neither the said real estate, nor
2the leasehold estate created by such lease, shall be subject to
3local or other taxation.

4The lessees shall be exclusively liable for the maintenance
5and upkeep of the demised premises, and shall be solely
6responsible for the maintenance and operation thereof.

7Section 3611. Rental.--Any such lease may provide that the
8lessor shall be entitled to receive a sum equal to the net
9income of said demised premises after reasonable reserves and
10proper amortization charges.

11Section 3612. Location of City Jails Restricted.--No city
12shall erect or construct a city jail or lock-up, or use any
13existing building or lock-up for the first time, which will be
14or is located within five hundred feet of any public school
15building.]

16Section 347. Article XXXVII heading of the act is reenacted
17to read:

18ARTICLE XXXVII

19PARKS, PLAYGROUNDS, AND RECREATION CENTERS

20Section 348. Section 3703 of the act, amended September 26,
211951 (P.L.1515, No.379), is amended to read:

22Section 3703. Acquisition of Lands and Buildings.--Cities
23may enter upon, take, use, purchase and acquire, by gift or by
24the right of eminent domain, lands, property and buildings, for
25the purpose of making, extending, enlarging, and maintaining
26recreation places which shall consist of public parks, parkways,
27playgrounds, playfields, gymnasiums, public baths, swimming
28pools, or indoor recreation centers, may levy and collect such
29special taxes as may be necessary to pay for the same, and make
30appropriations for the improvement, maintenance, care,

1regulation, and government of the same. Cities may designate and
2set apart for use for any of the purposes specified in this
3section lands and buildings owned by such cities and not
4dedicated or devoted to other public use. Cities may also lease
5lands and buildings in such cities for temporary use for [such]
6these purposes. Lands, property and buildings outside the limits
7of the city may be [acquired in like manner] purchased or 
8acquired for the recreation places[, and such lands may be
9annexed to the city, in the manner provided by this act for the
10annexation of territory to a city.] with the consent of the 
11governing body of the municipal corporation in which the lands, 
12property or buildings are situated.

13Section 349. The act is amended by adding a section to read:

14Section 3703.1. Powers of Council; Delegation.--(a) Council
15shall have the power to equip, operate, supervise, and maintain
16recreation places and to employ recreation directors or any
17other officers or employes deemed necessary in order to carry
18out the provisions of this article.

19(b) In any case in which more than one-half the full costs
20of the supervision and maintenance of the recreation places,
21including the compensation of all the officers and employes
22hired to carryout the provisions of this article, are borne by
23the city, council shall have the authority to fix the
24compensation of these officers and employes.

25(c) Council may delegate all or part of its power under
26subsection (a) to an existing body or board or to a recreation
27board, as council shall determine.

28Section 350. Section 3704 of the act, amended January 14,
291952 (1951 P.L.2032, No.570), is repealed:

30[Section 3704. Creation of Recreation Board.--The authority

1to supervise and maintain recreation places may be vested in any
2existing body or board, or in a recreation board, as council
3shall determine. Council may equip, operate, and maintain the
4recreation places, as authorized by this act. Such authorities
5may, for the purpose of carrying out the provisions of this
6article, employ play leaders, recreation directors, supervisors,
7superintendents, or any other officers or employes, as they deem
8proper. Where more than one-half the full costs of the
9supervision and maintenance of the recreation places, including
10the compensation of all the officers and employes, are borne by
11the city, the compensation of such officers and employes shall
12be fixed by council: Provided, however, That in such cases,
13council may delegate this power to the recreation commission.]

14Section 351. Section 3705 of the act, amended October 4,
151978 (P.L.950, No.188), is amended to read:

16Section 3705. [Composition of Board.--(a) If council shall
17determine that the power to equip, operate, and maintain
18recreation places, shall be exercised by a recreation board,
19they may establish in said city such recreation board, which
20shall possess all the powers, and be subject to all the
21responsibilities of council under this article. Such] Creation 
22and Composition of Recreation Board.--Council may establish in 
23the city a recreation board, which shall possess the powers and 
24the responsibilities delegated to it by council in accordance 
25with section 3703.1(c). The recreation board, when established,
26shall consist of [a minimum of five and a maximum of nine
27persons, two of whom shall be members of and appointed by the
28school board. The city] five or seven persons. The members of
29the board shall be appointed by the mayor with the approval of
30council and shall serve for terms no longer than five years and

1the terms of the members shall be staggered in such a manner
2that at least one expires annually. Members of [such] the 
3recreation board shall serve without pay. Vacancies in [such]
4the board, occurring otherwise than by expiration of term, shall
5be for the unexpired term and shall be filled in the same manner
6as original appointments.

7[(b) In addition to the establishment of a city recreation
8board, the council may appoint persons to serve as members of a
9school district recreation board established by the school
10district wherein the city is located.]

11Section 352. Sections 3706, 3707 and 3708 of the act are
12amended to read:

13Section 3706. [Organization of Board; Employes] Organization 
14of Board.--The members of a recreation board, established
15pursuant to this article, shall elect their own [chairman] chair
16and secretary and select all other necessary officers, to serve
17for a period of one year[, and may employ such persons as may be
18needed, as authorized by this article. Such]. The board shall
19have power to adopt rules and regulations for the conduct of all
20business within its jurisdiction. Meetings of the board shall be 
21subject to the provisions of 65 Pa.C.S. Ch.7 (relating to open 
22meetings).

23Section 3707. Joint Ownership and Maintenance.--[Any] A city
24may, jointly with any [other cities, boroughs, or townships, or
25any of them] one or more other municipalities, acquire property
26for, and operate and maintain, any recreation [places] place.
27Any city may join with any school district, in equipping,
28operating, and maintaining recreation places, and may
29appropriate money therefor.

30Section 3708. [Issue of Bonds.--The city council may issue

1general obligation bonds] Borrowing.--The city council may 
2borrow money and incur debt in accordance with 53 Pa.C.S. Pt. 
3VII Subpt. B (relating to indebtedness and borrowing) for the
4purpose of acquiring lands or buildings for recreation places,
5and for the equipment therefor.

6Section 353. Section 3709 of the act, amended August 10,
71965 (P.L.318, No.168), is amended to read:

8Section 3709. Maintenance and Tax Levy.--[All expenses
9incurred in the operation of such] Expenses incurred in the 
10maintenance and operation of recreation places, established as
11herein provided, [shall be payable] including the operation of 
12recreation programs therein, may be paid from the treasury of
13the city. Council may annually appropriate, and cause to be
14raised by taxation[, such tax for the purpose of maintaining and
15operating recreation places. In lieu thereof, council may
16annually appropriate moneys to any existing body or board, or to
17a recreation board or commission, for the maintenance and
18operation of recreation places.] in accordance with section 
192531(a)(4), a tax for this purpose. The funds may be 
20appropriated, for the purposes of this section, to any existing 
21body or board, or to a recreation board or commission.

22Section 354. The act is amended by adding a section to read:

23Section 3709.1. City Trusts.--(a) In addition to all other
24powers conferred by law, a city may receive in trust, and city
25council may control for the purposes of the trust, all estate,
26moneys, assets and property, real and personal, which may have
27been or shall be bestowed upon it by donation, gift, legacy,
28endowment, bequest, devise, conveyance or other means, for the
29purpose of establishing or maintaining a public park or other
30public purpose for the use and benefit of the citizens of the

1city.

2(b) In the event that a city trust has been or is created as
3a result of any property or estate, whatsoever, having been
4conveyed, bequeathed or devised or otherwise given or donated to
5any city, in trust, for the purpose of establishing or
6maintaining a public park or other public purpose for the use
7and benefit of citizens of the city, control of the trust shall
8be transferred to city council and, if necessary to carry out
9the intention of this section, the court of common pleas in the
10county in which a city is located may, upon petition of council,
11transfer control of the trust to city council. City council may
12delegate the supervision and operation of recreation places
13subject to the trust to a recreation board in accordance with
14section 3703.1. Nothing in this section shall limit any power of
15the court to terminate or reform a trust under existing law.

16Section 355. Sections 3710, 3711, 3712, 3713, 3714, 3715,
173716 and 3717 of the act are repealed:

18[Section 3710. Leasing by City of its Parks or
19Playgrounds.--Cities may enter into contracts and agreements
20with any incorporated association, acting within its corporate
21powers, for the use by the latter of any park or playground,
22owned, leased, or occupied by said cities, for such period and
23upon such terms as to maintenance, upkeep and improvement of
24such ground as may be mutually agreed upon. No such contract or
25agreement, however, shall permanently exclude the public of said
26cities from the use and enjoyment of said parks and playgrounds.
27The said cities shall at all times be invested with the power
28and authority to adopt suitable rules and regulations concerning
29the use and occupation of said parks and playgrounds by the
30public generally, and by such incorporated associations

1specially.

2Section 3711. Sale of Coal Under Parks or Commons.--Council
3may sell and lease, at the best price obtainable, and subject to
4such conditions as it may deem necessary to impose for the
5protection of the surface, the coal under any park or common
6owned by and situate within the corporate limits of the city.
7When any park, or common shall front on a river or other public
8stream, such portion of the amount realized from the sale or
9lease of such coal may be used for the erection of retaining
10walls, as council shall deem necessary for the purpose. Before
11any such coal shall be sold or leased, the proposed sale shall
12be advertised, in accord with the provisions of section one
13hundred and nine of this act, at least once a week in three
14daily papers published in the city in which said coal is
15situate, if there be so many, and in any other publication, as
16council may determine; and sealed bids shall be received, and
17the person, copartnership, association or corporation offering
18the highest and best price shall be the purchaser, but council
19shall have the right to reject all bids.

20Section 3712. Use of Proceeds of Sale or Lease of Coal Under
21Parks.--Whenever any city shall have sold or leased the coal
22underlying any public park or common within the limits of said
23city, the proceeds of said sale or lease, except as hereinbefore
24otherwise provided, shall be applied only as follows: First. To
25the improvement, policing, and lighting of the said park or
26common, or the redemption of bonds issued for the improvement of
27said park or common; Second. Any surplus of the said proceeds
28may then be applied and used for the purchase and improvement of
29other lands, within the limits of the city or immediately
30adjacent thereto, for use as recreation places, or for the

1building of bridges and construction of drains and sewers, or
2for such other purposes as council may determine: Provided, That
3no land shall be purchased for such use with said funds unless
4the ordinance authorizing the purchase shall have been passed by
5the affirmative vote of four members of council.

6Section 3713. Application of Coal Rentals to Payment of
7Costs of Improvements; Issue of Bonds.--Whenever hereafter any
8such city shall have leased the coal under any public park or
9common for a rental or royalty payable in periodical
10instalments, in order to provide for the payment of the cost of
11any such improvements authorized in the preceding sections, the
12said city may, from time to time, issue general obligation
13bonds. The issuance of any such bonds shall be in accordance
14with the Municipal Borrowing Law.

15Section 3714. Appointment of Directors of City Trusts.--
16Whenever any property or estate, whatsoever, has been conveyed,
17bequeathed or devised to any city, in trust, for the purpose of
18establishing or maintaining a public park or other public
19purpose for the use and benefit of citizens of such city, the
20court of common pleas of the county in which such city is
21located, on petition of council of said city, shall appoint five
22persons as directors of city trusts, all of whom shall be
23citizens of such city, and none of whom shall hold any office or
24employment thereunder, who shall exercise and discharge all the
25duties and powers of said city, however acquired, concerning
26such property, conveyed, bequeathed or devised to such
27charitable use, to the extent that the same has been or
28hereafter may be, by statute or otherwise, vested in or
29delegated to the said city or the officers thereof. The
30directors of city trusts may delegate the supervision and

1operation of such city trusts as are recreation places to the
2authority determined by council for recreation places of the
3city in accordance with section three thousand seven hundred
4four of this act.

5Section 3715. Term of Service; Removal; Vacancies.--The
6persons so appointed shall serve as members of the board of
7directors of city trusts during good behavior, subject, however,
8to removal by the court of common pleas for dereliction or
9neglect of duty, or for any other cause deemed by the said court
10to be important for the conservation or administration of the
11said trust thus imposed upon them.

12All vacancies shall be, from time to time, filled by the said
13court, on petition of the council, of said city, or any of its
14citizens.

15Section 3716. Duties of Directors.--The said directors of
16trust shall carefully invest and preserve the trust funds; make
17such rules and by-laws for the proper regulation of their
18business not inconsistent with the terms annexed to any
19conveyance, bequest or devise in any deed or last will and
20testament of any decedent; appoint and employ as many agents and
21employes as, in their judgment, shall be necessary for the
22proper discharge of the said trust or trusts; and, in the name
23and in accordance with the conditions of said trusts, do any and
24all things requisite for the proper administration and
25management of the property under their control.

26Section 3717. Directors to be Agents of City; to Have no
27Interest in Contracts.--The said directors, in the discharge of
28their duties and within the scope of their powers, shall be
29considered agents or officers of the city, but no compensation
30or emolument whatever shall be received by them for any services

1performed relating to the said trusts, nor shall any of them
2have or acquire any personal interests in any contract whatever
3made through them or their agents or employes.]

4Section 356. Section 3718 of the act is amended to read:

5Section 3718. [Appointment of Park Guards.--] Park 
6Rangers.--(a) The council of every city shall have power, under 
7the provisions of this article, to provide, by ordinance, for 
8the selection and employment of such number of persons as [they 
9deem necessary to act as park guards] are deemed necessary to 
10act as park rangers, fix their compensation and duties, and 
11provide for their [uniforming] uniforms.

12(b) To the extent authorized by 53 Pa.C.S. Ch. 21 Subch. D
13(relating to municipal police education and training), persons
14appointed as park rangers, under any ordinance passed pursuant
15to the provisions of subsection (a), shall have, in the parks
16and playgrounds and other public places in the cities, and
17beyond the limits of the cities when the cities have acquired
18lands, properties and buildings for park and playground or other
19public purposes, the same power, in preserving the peace,
20maintaining order, and making arrests, as police officers have
21in the cities.

22(c) For purposes of the act of June 28, 1935 (P.L.477, 
23No.193), referred to as the Enforcement Officer Disability 
24Benefits Law (Heart and Lung Act), the term "park ranger," as 
25used herein, shall mean a park guard.

26(d) Park rangers shall be under the supervision, control and
27direction of the director of the Department of Parks and Public
28Property, or, if none exists, any other department as council
29directs.

30Section 357. Sections 3719, 3720 and 3721, Article XXXVIII

1and subdivision (a) headings and section 3801 of the act are
2repealed:

3[Section 3719. Powers of Park Guards.--Persons appointed as
4park guards, under any ordinance passed pursuant to the
5provisions of the preceding section, shall have, in the parks
6and playgrounds and other public places in such cities, and
7beyond the limits of such cities when such cities have acquired
8such lands, properties and buildings for park and playground or
9other public purposes, the same power, in preserving the peace,
10maintaining order, and making arrests, as policemen have in such
11cities.

12Section 3720. Control of Park Guards.--Such park guards
13shall be under the supervision, control, and direction of the
14director of the Department of Parks and Public Property.

15Section 3721. Sale of Unused and Unnecessary Land and
16Buildings.--The council of each city is hereby vested with the
17necessary power and authority to sell unused and unnecessary
18lands and buildings that have been dedicated to park purposes by
19public auction, upon sealed bids, or at private sale with
20approval of the court of common pleas; Provided, nevertheless,
21That before any such sale is made council shall advertise said
22proposed sale twice in at least one newspaper in accordance with
23section one hundred and nine of this act.

24ARTICLE XXXVIII

25SHADE TREES AND FORESTS

26(a) Shade Trees

27Section 3801. Shade Tree Commission.--Any city may, by
28ordinance, create a commission to be known as the Shade Tree
29Commission of such city; but in cities where the council of said
30city shall not elect to create by ordinance such Shade Tree

1Commission, the said council may exercise all the rights and
2perform the duties and obligations imposed by this article upon
3the Shade Tree Commission.]

4Section 358. Section 3802 of the act, amended November 2,
51975 (P.L.459, No.128), is repealed:

6[Section 3802. Composition of Commission.--The commission,
7if ordained, shall be composed of not less than three nor more
8than seven residents of the city, who shall be appointed by the
9mayor, and shall serve without compensation.

10One commissioner shall serve for a term of three years, one
11for a term of four years, and one for a term of five years on
12commissions of only three residents. Where the commission
13consists of more than three members, the time sequence provided
14for a three member commission shall be repeated.

15On the expiration of the term of any commissioner, a
16successor shall be appointed by the mayor to serve for a term of
17five years.

18Vacancies in the office of commissioner shall be filled by
19the mayor for the unexpired term.

20Should the governing body determine to increase the
21membership of an already existing commission, the additional
22members shall be appointed as provided in this section. If, at
23any time, after increasing the membership of the commission the
24governing body should determine to reduce the number of members
25on the commission, such reduction shall be effectuated by
26allowing the terms to expire and by making no new appointments
27to fill the vacancy. Any increase or reduction in members shall
28be by ordinance.]

29Section 359. Sections 3803, 3804, 3805 and 3806 of the act
30are repealed:

1[Section 3803. Powers May Be Vested in Park Commission.--
2Whenever in any city there exists a commission for the care of
3public parks, the council may also, by ordinance, provide that
4the park commission shall have all the powers and be subject to
5all the duties prescribed by this article for the Shade Tree
6Commission.

7Section 3804. Powers of Commission.--The commission shall
8have exclusive custody and control of the shade trees of the
9city, and may plant, remove, maintain, and protect shade trees
10on the streets and sidewalks in the city. The commission may
11require the planting and replanting of shade trees along the
12streets and sidewalks of the city, as council may direct. The
13kind of tree and the alignment and locations of the trees shall
14be determined by the commission or as council may direct, but
15shall not prevent necessary or reasonable use of streets,
16sidewalks, abutting property, or the conduct of business.

17The commission may, with the approval of council, either
18employ and pay superintendents, engineers, foresters, tree-
19wardens, or other assistants, or may contract for personal and
20professional services, for the proper performance of the duties
21devolving upon it, and may make, publish, and enforce
22regulations for the care and protection of the shade trees of
23the city. No such regulation shall be in force until it has been
24approved by the council, and until it has been published at
25least twice in not more than two newspapers of the city.

26Section 3805. Report of Commission.--The shade tree
27commission shall annually report in full to the council, at
28council's first stated meeting in October, of its transactions
29and expenses for the last fiscal year of the city. The park
30commission in cities wherein the park commission is authorized

1to act as the shade tree commission, may incorporate such
2transactions and expenses as a separate part of its regular
3report to council.

4Section 3806. Notices by Commission.--Whenever any shade
5tree commission, or park commission, acting as a shade tree
6commission, proposes to plant, transplant, or remove shade trees
7on any street or sidewalk, notice of the time and place of the
8meeting at which such work is to be considered shall be given in
9not more than two newspapers published in the city, once a week
10for two weeks immediately preceding the time of the meeting, in
11accord with the provisions of section one hundred and nine of
12this act. The notice shall specify in detail the streets or
13sidewalks or portions thereof upon which trees are proposed to
14be so planted, replanted, or removed.]

15Section 360. Section 3807 of the act, amended August 21,
161953 (P.L.1292, No.364), is repealed:

17[Section 3807. Payment by Owners.--The cost of furnishing,
18planting, transplanting, or removing any shade trees in or along
19the streets of the city, of the necessary and suitable guards,
20curbing, or grading for the protection thereof, and of the
21replacing of any pavement or sidewalk necessarily disturbed in
22the execution of such work, shall be paid by the owner of the
23real estate in front of whose property the work is done, except
24that part of such cost may be certified by the commission to
25council and to the city treasurer as a charge to be paid by the
26city.

27The amount each owner is to pay shall be ascertained and
28certified by the commission to council and to the city
29treasurer.]

30Section 361. Sections 3808, 3809 and 3810, Article XXXVIII

1subdivision (b) heading, sections 3820 and 3821, subdivision (c)
2heading and sections 3830, 3831, 3832, 3833, 3834, 3835 and 3836
3of the act are repealed:

4[Section 3808. Assessments; Liens.--Upon the filing of the
5certificate with the council, the city clerk shall cause thirty
6days' written notice to be given by mail to the persons against
7whose property an assessment has been made. The notice shall
8state the amount of the assessment, and the time and place of
9payment, and shall be accompanied with a copy of the
10certificate. The expense of the notice shall be paid by the
11city.

12The amount assessed against the real estate shall be a lien
13from the time of the filing of the certificate with the council,
14and, if not paid within the time designated in the notice, a
15claim may be filed and collected in the same manner as municipal
16claims are filed and collected.

17Section 3809. Maintenance by City; Tax Levy.--The cost and
18expenses of caring for such trees after they have been planted
19shall be paid by the city.

20The needed amount shall each year be certified by the
21commissioners to council in time for inclusion in the proposed
22budget ordinance, and the funds provided by council shall be
23drawn against, as required by the commission, in the same manner
24as money appropriated for city purposes.

25The city council may levy a special tax, not to exceed the
26sum of one-tenth of one mill on the dollar on the assessed
27valuation of the property in said city, for the purpose of
28defraying the cost and expenses of caring for such shade trees
29and the administrative expenses connected therewith, or it may
30provide for such expenses by appropriations.

1Section 3810. Penalties.--The commission, to the extent as
2may be provided by ordinance of council, may assess penalties
3for the violation of its regulations and of this article so far
4as it relates to shade trees. Any penalty so assessed shall be a
5lien upon the real estate of the offender and may be collected
6as municipal claims are collected.

7All penalties or assessments imposed under this article shall
8be paid to the city treasurer, to be placed to the credit of the
9commission, subject to be drawn upon by the commission for the
10purposes authorized in this article.

11(b) Memorial Trees

12Section 3820. Memorial Trees.--Council may provide for or
13authorize provision for memorial trees for residents of the city
14who died while in the military service of the United States or
15in consequence thereof. Council may make appropriations or
16accept contributions for this purpose. Such trees shall bear
17some permanent indication of their purpose.

18Section 3821. Penalty for Injury to Memorial Trees.--Any
19person wilfully, maliciously, or negligently destroying or
20injuring any trees planted pursuant to the provisions of this
21subdivision (b) shall be guilty of a misdemeanor, and upon
22conviction, shall be liable to a fine not exceeding five hundred
23dollars, or imprisonment not exceeding three months, or both, in
24the discretion of the court.

25(c) Forests

26Section 3830. Acquisition of Land for Forest Purposes.--
27Cities may acquire, by purchase, gift, or lease, and hold tracts
28of land covered with forest or tree growth or suitable for the
29growth of trees, and administer the same, under the direction of
30the Department of Forests and Waters, in accordance with the

1practices and principles of scientific forestry, for the benefit
2of the city. Such tracts may be of any size suitable for the
3purpose and may be located within or without the city limits.

4Section 3831. Approval of Department of Forests and
5Waters.--Before the passage of any ordinance for the acquisition
6of land to be used as municipal forests, the mayor shall submit
7to the Department of Forests and Waters and secure its approval
8of the area and location of such land.

9Section 3832. Ordinance Declaring Intention.--Whenever the
10council deems it expedient to acquire any lands for the purposes
11of municipal forests, it shall so declare in an ordinance
12wherein shall be set forth all facts and conditions relating to
13the proposed action.

14Section 3833. Appropriations of Money.--All money necessary
15for the purchase of such tracts shall be appropriated in the
16same manner as appropriations for city purposes, and such funds
17may be provided from the current revenue or by the proceeds of a
18sale of general obligation bonds in accordance with the
19Municipal Borrowing Law.

20Section 3834. Rules and Regulations.--Upon the acquisition
21of any municipal forests or lands suitable for such, the council
22shall notify the Department of Forests and Waters, which shall
23make such rules for the government and proper administration of
24the same as may be necessary. The council shall publish such
25rules, declare the uses of the forest in accordance with the
26intent of this subdivision (c) of this article, and make such
27provisions for its administration, maintenance, protection and
28development as shall be deemed necessary or expedient. The rules
29governing the administration of such forests shall have for
30their main purpose the producing of a continuing city revenue by

1the sale of forest products.

2Section 3835. Appropriations and Revenues.--All moneys
3necessary to be expended for the administration, maintenance,
4protection, and development of such forests shall be
5appropriated and applied as is now done for city purposes. All
6revenue and emoluments arising from such forests shall be paid
7into the city treasury to be used for general city purposes.

8Section 3836. Use of Forests.--Municipal forests may be used
9by the public as general outing or recreation grounds subject to
10the rules governing their administration as municipal forests.]

11Section 362. Section 3837 of the act, amended May 21, 1956
12(1955 P.L.1639, No.548), is repealed:

13[Section 3837. Ordinance of Sale; Exceptions.--Whenever the
14council deems it expedient to sell any municipal forest, or part
15thereof, it shall so declare in an ordinance wherein shall be
16set forth all the facts and conditions relating to the proposed
17action, which proposed ordinance shall be advertised once a week
18for three weeks prior to its passage. No ordinance shall be
19effective in legalizing such sale until it has been approved by
20a majority vote of the people at the next ensuing general,
21municipal or primary election: Provided, however, That the
22provisions of this section shall apply only to lands acquired
23for municipal forests as such, and shall not limit the power of
24cities or water authorities to acquire, sell, exchange, lease,
25transfer, manage or maintain lands required for the
26conservation, development, utilization and disposal of water or
27watersheds: And provided further, That cities or water
28authorities may enter into agreements with the Department of
29Forests and Waters providing for such conservation, development,
30utilization and disposal of water or watersheds.<-]

1Section 363. Section 3838, Article XXXIX heading and section
23901 of the act are repealed:

3[Section 3838. Appropriation for Forest Work.--Cities may
4appropriate moneys to any forest protection association
5cooperating in forest work with the State Department of Forests
6and Waters, or to be expended in direct cooperation with said
7department in forest work.

8ARTICLE XXXIX

9WHARVES AND DOCKS

10Section 3901. Power to Erect and Maintain Wharves;
11Regulation; Charges.--Cities may erect and maintain wharves in
12navigable waters within or adjacent to the city, regulate the
13use thereof, fix and collect wharfage, for all public wharves,
14and docks within their limits in accordance with a regular
15schedule of charges, establish wharf and dock lines, and
16construct and maintain docks, retaining walls, dams and
17embankments. They may regulate the anchoring of all manners of
18vessels within their limits and the depositing of freight on
19public wharves and docks. Cities may, pursuant to ordinance,
20purchase or condemn such land or other property as they may need
21for the purposes of wharves and docks.]

22Section 364. Section 3902 of the act, amended July 1, 1959
23(P.L.501, No.127), is repealed:

24[Section 3902. Erection of Market-Houses and Railway Tracks
25on Wharves; Charges; Licenses.--Cities may erect and maintain
26market-houses and terminal sheds or stations on their wharves,
27for the receipt and distribution of freight, express, and cargo;
28construct railroad and street railway tracks or other facilities
29on said wharves to provide for the convenient handling of such
30freight or express or cargo; and collect rents, tolls, or

1charges for the use of such market-houses, terminal stations,
2tracks, wharves and other facilities. Cities may enter into
3contracts and agreements with any person for the use by such
4person of any tracks, terminal stations, wharves or other
5facilities, for such period and upon such terms as to
6maintenance, upkeep and improvements, as may be mutually agreed
7upon. Such cities shall, at all times, be invested with the
8power and authority to adopt suitable rules and regulations
9concerning the use and occupation of the tracks, terminal
10stations, wharves or other facilities, by such persons and by
11the public. No such contract or agreement shall permanently
12exclude the public of said cities from the use and enjoyment of
13said tracks, terminal stations, wharves or other facilities, nor
14shall any exclusive lease be granted for a term exceeding
15twenty-five years.

16No structure so erected, and no right granted under the
17powers herein conferred, shall interfere with the general public
18use of wharves for water-borne commerce.]

19Section 365. Sections 3903, 3904 and 3905 and Article XL
20heading of the act are repealed:

21[Section 3903. Use of Unnecessary Wharves or Landings for
22Other Municipal Purposes.--Whenever any city, by ordinance,
23declares that any public landing, or public wharf, or part
24thereof, fronting on any navigable water and lying within its
25limits, has become unnecessary for use for public landing or
26public wharf purposes, the city make take, enter upon, and
27occupy for use for any other public purposes whatsoever, the
28public landing, or public wharf, or part thereof, so found
29unnecessary for such purposes, any limitation of use thereof by
30the municipality arising from donation, dedication,

1appropriation, statute, or otherwise, to the contrary
2notwithstanding.

3Section 3904. Appropriation of Wharves and Landings for
4General Purposes.--Cities are vested with the right of eminent
5domain for the purpose of appropriating, for such general public
6uses, all such public landings or public wharves, or parts
7thereof, so found unnecessary for such purposes, together with
8any easements, property and property rights connected therewith.

9Section 3905. Assessment of Damages.--All damages arising
10from the exercise of the power of eminent domain hereunder shall
11be ascertained and awarded in the manner provided by this act
12for property taken, injured or destroyed.

13ARTICLE XL

14CITY PLANNING]

15Section 366. Article XLI heading of the act, amended July
1629, 1971 (P.L.250, No.61), is repealed:

17[ARTICLE XLI

18ZONING, BUILDING, HOUSING, FIRE PREVENTION, PLUMBING

19AND ELECTRICAL ORDINANCES, AND PUBLIC NUISANCES]

20Section 367. Article XLI subdivision (a), (b) and (c)
21headings of the act are repealed:

22[(a) The Zoning Ordinances

23(b) Procedure for Adoption of Zoning Ordinance

24(c) Board of Adjustment]

25Section 368. Article XLI subdivision (d) heading and
26sections 4130, 4131, 4131.1, 4132 and 4133 of the act, amended
27or added December 21, 1998 (P.L.1013, No.135), are repealed:

28[(d) Building, Housing, Property Maintenance,

29Fire Prevention, Plumbing and Electrical Ordinances

30Section 4130. Building Ordinance, Housing Ordinance,

1Property Maintenance Ordinance, Fire Prevention Ordinance,
2Electrical Ordinance and Plumbing Ordinance.--Each city may
3enact a building ordinance, a housing ordinance, a property
4maintenance ordinance, a fire prevention ordinance, an
5electrical ordinance, and a plumbing ordinance, which may
6provide for the following matters:

7(a) A system of specifications and regulations to insure the
8structural safety and the incombustibility of buildings and
9housing constructed, reconstructed, altered, enlarged, repaired
10or maintained within the city.

11(b) A system of specifications and regulations for the
12setting out, construction, alteration, repair, maintenance,
13occupation, sanitation, ventilation, lighting, electric wiring,
14water supply, toilet facilities, drainage, plumbing, use and
15inspection of all buildings and housing or parts of buildings
16and housing, and the walls and foundations thereof, constructed,
17erected, altered, designated, or used, in whole or in part, for
18human habitation, and for the sanitation and inspection of land
19appurtenant thereto.

20Section 4131. Form of Building Ordinance, Housing Ordinance,
21Property Maintenance Ordinance, Fire Prevention Ordinance, and
22Plumbing Ordinance; Passage.--The building ordinance, the
23housing ordinance, the property maintenance ordinance, the fire
24prevention ordinance, the electrical ordinance and the plumbing
25ordinance may adopt any standard or nationally recognized
26building code, any standard or nationally recognized housing
27code, any standard or nationally recognized property maintenance
28code, any standard or nationally recognized fire prevention
29code, any standard or nationally recognized electrical code, or
30any standard or nationally recognized plumbing code, or any

1variations or changes or parts thereof, published and printed in
2book form, covering any or all of the above items, without
3incorporating such code in the ordinance, or any city may enact
4any such building code, housing code, property maintenance code,
5fire prevention code, electrical code, or plumbing code, or any
6changes or variations or parts thereof, as its building
7ordinance, as its housing ordinance, as its property maintenance
8ordinance, as its fire prevention code, as its electrical code
9or as its plumbing code. In either event, the building ordinance
10or code, the housing ordinance or code, the property maintenance
11ordinance or code, the fire prevention ordinance or code, the
12electrical ordinance or code, and the plumbing ordinance or
13code, or any changes or variations or parts thereof, need not be
14advertised after passage, but notice of its consideration, in
15reasonable detail shall be published as required by section one
16thousand fourteen of this act. Not less than three copies of the
17building ordinance, the housing ordinance, the property
18maintenance ordinance, the fire prevention ordinance, the
19electrical ordinance or the plumbing ordinance adopted by
20council shall be made available to public inspection and use
21during business hours for at least three months after its
22adoption. The procedure herein set forth relating to the
23adoption of such building ordinances, housing ordinances,
24property maintenance ordinances, fire prevention ordinances,
25electrical ordinances and plumbing ordinances may likewise be
26adopted in amending, supplementing or repealing any of the
27provisions of such ordinances.

28Section 4131.1. Penalties.--(a) Except as provided for in
29subsection (b), the building ordinance, the housing ordinance,
30the property maintenance ordinance, the fire prevention

1ordinance, the electrical ordinance and the plumbing ordinance
2may provide penalties of fine not exceeding one per month on a
3property and limited to no more than one thousand dollars for
4the first two continual and uncorrected violations of the same
5subsection of such ordinance on the same property and not
6exceeding five thousand dollars for the third and any subsequent
7continual and uncorrected violation of the same subsection of
8such ordinance on the same property.

9(b) If a violation of the building ordinance, the housing
10ordinance, the property maintenance ordinance, the fire
11prevention ordinance, the electrical ordinance or the plumbing
12ordinance is found to pose a threat to the public's health,
13safety or property, then penalties of fine may be provided for
14as follows:

15(i) not exceeding one citation per five calendar days for a
16continual and uncorrected violation of the same subsection of
17such ordinance on the same property;

18(ii) limited to no less than five hundred dollars and no
19more than one thousand dollars for the first two continual and
20uncorrected violations of the same subsection of such ordinance
21on the same property and no less than one thousand dollars and
22not exceeding ten thousand dollars for the third and any
23subsequent continual and uncorrected violation of the same
24subsection of such ordinance on the same property, or
25imprisonment for any term not exceeding ninety days, or both.

26(c) For violations of any ordinance not specified in
27subsection (a) or (b), a penalty may be imposed on any person
28who violated such ordinance which shall include a fine of not
29more than one thousand dollars, or a term of imprisonment of not
30more than ninety days, or both.

1Section 4132. Building Inspectors, Housing Inspectors,
2Property Maintenance Inspectors, Fire Prevention Inspectors,
3Electrical Inspectors, and Plumbing Inspectors.--Council may
4appoint building inspectors, housing inspectors, property
5maintenance inspectors, fire prevention inspectors, electrical
6inspectors and plumbing inspectors and fix their compensation.
7Such inspectors shall have the right to enter upon and inspect
8any and all premises at all reasonable hours for the
9administration and enforcement of the building ordinance, the
10housing ordinance, the property maintenance ordinance, the fire
11prevention ordinance, the electrical ordinance and the plumbing
12ordinance. Any fees payable to them under the building
13ordinance, the housing ordinance, the property maintenance
14ordinance, the fire prevention ordinance, the electrical
15ordinance and the plumbing ordinance shall be paid by them to
16the city treasurer for the use of the city as promptly as may
17be.

18Section 4133. Actions to Restrain Violations.--The city may,
19in addition to the penalties provided by its building ordinance,
20its housing ordinance, its property maintenance ordinance, its
21fire prevention ordinance, its electrical ordinance and its
22plumbing ordinance, bring actions at law or in equity to prevent
23or restrain, correct or abate any violations of its building
24ordinance, its housing ordinance, its property maintenance
25ordinance, its fire prevention ordinance, its electrical
26ordinance and its plumbing ordinance.]

27Section 369. Article XLI subdivision (e) heading and
28sections 4140, 4141, 4142 and 4143 of the act are repealed:

29[(e) Abatement of Public Nuisances

30Section 4140. Petition for Removal of Public Nuisances;

1Viewers; Vacating Public Alleys, Lanes or Passageways, Declared
2Public Nuisances by Board of Health.--The council of any city
3may, by resolution, authorize and empower the mayor of such city
4to present a petition to the court of common pleas, setting
5forth that any property, building, premises, business or
6occupation, specifying the same fully and describing the same
7accurately, located within said city has become a public
8nuisance, injurious or dangerous to the community and to the
9public health. Upon the presentation and hearing of such
10petition, if the nuisance complained of be not a public
11nuisance, per se, then the court may appoint three viewers, from
12the county board of viewers, to go upon the premises where said
13nuisance is alleged to exist--at a time to be fixed in the order
14appointing the same, of which time due notice shall be given to
15all persons affected, which shall be not less than twenty nor
16more than thirty days from the date of the order making such
17appointment--and shall thereupon, being first duly sworn, view
18the property, premises, building, business or occupation, shall
19hear the parties, their witnesses and counsel, and shall make
20due report thereof to the court appointing them. In any case
21where the board of health shall have declared any public alley,
22lane or passageway or a part thereof to be a public nuisance,
23any two or more owners of property adjacent or abutting thereof
24may petition council that such public alley, lane or passageway
25or part thereof be vacated in accordance with the procedure
26provided in this subdivision for the abatement of public
27nuisances; except that the viewers shall not question the
28finding of the board of health, but shall determine whether or
29not the said alley, lane or passageway or part thereof should be
30vacated. Council may, with or without the aforesaid petition,

1proceed for the vacating of any such public alley, lane or
2passageway or part thereof, except that in no case shall any
3such alley, lane or passageway be vacated in such a way or to
4such an extent as to deprive any lot abutting thereon of its
5sole means of ingress and egress; nor shall any alley, lane or
6passageway created by grant or contract and not therefore
7accepted by the public be vacated.

8Section 4141. Power to Viewers.--The viewers, appointed as
9aforesaid, may:

10First. Determine whether or not the property, premises,
11building, business or occupation is a public nuisance, and, if
12they shall find it is such a nuisance, shall so return in their
13award; and

14Second. Find what, if any, compensation shall be paid by the
15said city to the owner or owners of said property, premises,
16building, business or occupation for the abatement of the same,
17and if the findings of the said viewers be in favor of the said
18city and direct the abatement of said nuisance, then judgment
19shall be entered upon their award within thirty days after the
20same is filed, unless the said award be appealed from or
21exceptions thereto be filed within thirty days. No execution or
22other process for the collection of any sum of money awarded to
23any person or persons, corporation or corporations, as
24compensation for the abatement of any such nuisance, shall issue
25until the said nuisance has been fully and completely abated,
26and return thereof made to the court.

27Section 4142. Appeals.--Any of the parties interested in any
28proceedings provided by the preceding two sections may appeal to
29the court of common pleas within thirty days from the date of
30filing an award; such appeal to be in the same form as now

1governs appeals from the awards of viewers appointed pursuant to
2this act to assess damages for property taken, injured or
3destroyed, the party appealing to pay the costs incurred and to
4give bond, with one surety, for the payment of all costs which
5may thereafter be incurred. Upon such appeal being perfected,
6the court shall frame an issue, which issue shall be placed at
7the head of the next trial list then open, and shall be tried by
8the court and jury in the same manner as feigned issues are now
9tried. Upon such trial the jury shall have power to find the
10same facts as are provided may be found by the viewers. If the
11jury shall find in favor of the city and award any compensation
12to the owner or owners of said property, premises, buildings,
13business or occupation, judgment shall be entered upon the
14verdict. No execution or other process for the collection of
15such judgment shall issue until the nuisance complained of shall
16have been fully and completely abated, and return thereof made
17to the court; upon which the court shall have the power to award
18execution or other process necessary to enforce the collection
19of the judgment.

20Section 4143. Abatement of Public Nuisance after Award of
21Viewers.--Whenever the award of viewers, or the verdict of a
22jury, shall find that a public nuisance exists, and the owner or
23owners of any property, premises, building, business or
24occupation causing the same shall fail to abate the same within
25sixty days from the date of the judgment, the authorities of
26said city shall have full power and authority to enter upon said
27property, premises or building where said nuisance exists and
28abate the same, and shall not be liable in any form of action
29for so doing. The cost and expense of abating the same shall be
30deducted from any compensation awarded in said proceedings.]

1Section 370. The act is amended by adding an article to
2read:

3ARTICLE XLI-A

4UNIFORM CONSTRUCTION CODE, PROPERTY MAINTENANCE CODE,

5AND RESERVED POWERS

6Section 4101-A. Primacy of certain codes.

7(a) Applicability.--The Pennsylvania Construction Code Act
8and the Uniform Construction Code adopted under section 301 of
9the Pennsylvania Construction Code Act shall apply to the
10construction, alteration, repair and occupancy of all buildings
11and structures within a city.

12(b) Construction.--This article and any ordinance, rule or
13regulation adopted pursuant to this article shall not supersede
14or abrogate the Pennsylvania Construction Code Act or the
15Uniform Construction Code and shall be construed and read in
16pari materia with them.

17Section 4102-A. Changes in Uniform Construction Code.

18A city may propose and enact an ordinance to equal or exceed
19the minimum requirements of the Uniform Construction Code in
20accordance with and subject to the requirements of section 503
21of the Pennsylvania Construction Code Act. Any ordinance
22exceeding the provisions of the Uniform Construction Code shall
23be required to meet the standards provided in section 503(j)(2)
24of the Pennsylvania Construction Code Act.

25Section 4103-A. Public nuisance.

26Any building, housing or property, or part thereof erected,
27altered, extended, reconstructed, removed or maintained,
28contrary to any of the provisions of any ordinance enacted for
29any of the purposes specified in this article may be reported,
30in accordance with Article XXVII-A, to the department designated

1to determine whether a public nuisance exists and, if a public
2nuisance is determined to exist, it may be abated in accordance
3with that article, provided, however, that a violation of the 
4Uniform Construction Code or any ordinance that equals or 
5exceeds the Uniform Construction Code shall be subject to the 
6provisions of the Pennsylvania Construction Code Act and the 
7regulations adopted thereunder by the Department of Labor and 
8Industry relating to enforcement for noncompliance.

9Section 4104-A. Property maintenance code.

10(a) Enactment.--Notwithstanding the primacy of the Uniform
11Construction Code, a city may enact a property maintenance
12ordinance, including any standard or nationally recognized
13property maintenance code or any changes or variations or parts
14thereof, and it may, by reference, in accordance with section
151018.13, incorporate any standard or nationally recognized
16property maintenance code, or any variations or changes or parts
17thereof, published and printed in book form, without setting
18forth the text of the code in the ordinance.

19(b) Public availability.--The full text of the property
20maintenance code need not be published but, in accordance with
21section 1018.9, it shall be sufficient to publish a summary
22setting forth the provisions of the ordinance in reasonable
23detail and a reference to a place within the city where copies
24of the proposed ordinance may be examined. Not fewer than three
25copies of the proposed property maintenance code, or portion
26thereof, or amendment thereto shall be made available to public
27inspection and use during business hours. Copies shall also be
28made available to any interested party in accordance with the
29act of February 14, 2008 (P.L.6, No.3), known as the Right-to-
30Know Law, or may be furnished or loaned without charge.

1(c) Violations.--A property maintenance code ordinance may
2provide for fines and penalties not exceeding $1,000 or
3imprisonment for any term not exceeding 90 days, or both, for
4violations thereof. The procedure set forth under this article
5relating to the enactment of such ordinances may likewise be
6utilized in amending, supplementing or repealing any of the
7provisions of such ordinances.

8(d) Inspectors.--Council may appoint property maintenance
9inspectors who shall have the right to, subject to
10constitutional standards in a similar manner as provided in
11section 2308, enter upon and inspect any and all premises at all
12reasonable hours for the administration and enforcement of the
13city's property maintenance code or ordinance incorporating a
14standard or nationally recognized property maintenance code. Any
15fees payable to a property maintenance inspector under the
16ordinance shall be paid by the property maintenance inspector to
17the city treasurer for the use of the city as promptly as may
18be.

19(e) Additional remedies.--In addition to the penalties
20provided by the property maintenance ordinance, the city may
21institute appropriate actions or proceedings at law or in equity
22to prevent or restrain property maintenance violations.

23(f) Relation to other acts.--The powers of a city as
24provided in this section shall be in addition to, but not
25limited to, the powers provided in the act of November 26, 2008
26(P.L.1672, No.135), known as the Abandoned and Blighted Property
27Conservatorship Act, 53 Pa.C.S. Ch. 61 (relating to neighborhood
28blight reclamation and revitalization) and 68 Pa.C.S. Ch. 21
29(relating to land banks).

30Section 4105-A. Reserved powers.

1If, as a result of legislative action or final order of
2court, for which the time for appeal has expired and no appeal
3has been taken or from which there is no pending appeal, the
4Uniform Construction Code or any replacement code is no longer
5applicable in cities, a city may:

6(1) Enact and enforce ordinances to govern and regulate
7the construction, reconstruction, alteration, extension,
8repair, conversion, maintenance, occupation, sanitation,
9ventilation, heating, egress, lighting, electric wiring,
10water supply, toilet facilities, drainage, plumbing, fire
11prevention, fireproofing including prescribing limitations
12wherein only buildings of noncombustible material and
13fireproofed roofs are used in construction, erection, or
14substantial reconstruction, use and inspection of all
15buildings and housing or parts of buildings and housing, and
16the roofs, walls and foundations thereof, and all facilities
17and services in or about the buildings or housing
18constructed, erected, altered, designed, or used, in whole or
19in part, for any use or occupancy, and the sanitation and
20inspection of land appurtenant thereto. The codes may be
21combined or separately enacted or combined with the property
22maintenance code.

23(2) Require that before any work of construction,
24reconstruction, alteration, extension, repair or conversion
25of any building is begun, approval of the plans and
26specifications be secured.

27(3) Incorporate any standard or nationally recognized
28code, or any variations or changes or parts thereof,
29published and printed in book form, without incorporating the
30text of the code as provided in subdivision (a.1) of Article

1X. The ordinances may provide for fines and penalties not
2exceeding $1,000 or imprisonment for any term not exceeding
390 days, or both, for violations thereof. The procedure set
4forth under this article relating to the enactment of the
5ordinances may likewise be utilized in amending,
6supplementing or repealing any of the provisions of
7ordinances that incorporate any standard or nationally
8recognized code, or any variations or changes or parts
9thereof.

10(4) Appoint building inspectors, housing inspectors,
11property maintenance inspectors, fire prevention inspectors,
12electrical inspectors and plumbing inspectors and fix their
13compensation. The inspectors shall have the right to, subject
14to constitutional standards in a similar manner as provided
15in section 2308, enter upon and inspect any and all premises
16at all reasonable hours for the administration and
17enforcement of the city's enacted codes or ordinances
18incorporating standard or nationally recognized codes. Any
19fees payable to an inspector under the ordinances shall be
20paid by the inspector to the city treasurer for the use of
21the city as promptly as may be.

22(5) In addition to the penalties provided by ordinances,
23the city may institute appropriate actions or proceedings at
24law or in equity to prevent or restrain the unlawful
25construction, reconstruction, alteration, extension, repair,
26conversion, maintenance or use or occupation of property
27located within the city, to restrain, correct or abate the
28violation and to prevent the use or occupancy of the
29building, housing or structure.

30Section 371. Article XLII heading of the act is reenacted to

1read:

2ARTICLE XLII

3AERONAUTICS

4Section 372. Section 4201 of the act is amended to read:

5Section 4201. Power to Acquire Land for Aeronautical 
6Purposes; Maintenance of Municipal Airports[, Etc.--With the 
7approval of the Pennsylvania Aeronautics Commission, a].--A city 
8may establish and maintain a municipal airport and may acquire, 
9by lease, purchase or condemnation proceedings, subject to the 
10limitations in 26 Pa.C.S. § 206 (relating to extraterritorial 
11takings), any land lying either within or without the 
12territorial limits of the city, and within or without the 
13territorial limits of the county in which [such] the city is 
14located, which, in the judgment of council, may be necessary and 
15desirable for the purpose of establishing and maintaining 
16municipal airports, landing fields, aviation easements or 
17intermediate landing fields and other air navigation facilities.

18Section 373. Section 4202 of the act is repealed:

19[Section 4202. Proceedings for Condemnation.--The 
20proceedings for the condemnation of lands under the provisions 
21of this article, and for the assessment of damages for property 
22taken, injured or destroyed, shall be conducted in the manner 
23provided by this act in the case of property taken, injured or 
24destroyed. The title acquired by the city exercising the power 
25to condemnation shall be a title in fee-simple.]

26Section 374. Sections 4203, 4204 and 4205 of the act are
27amended to read:

28Section 4203. Leasing of Land Acquired for Aeronautical 
29Purposes.--Any city acquiring land for any aeronautical purposes 
30may lease the same, or part thereof to any individual or
 

1corporation desiring to use the same for [the purpose of taking 
2off or landing an aeroplane, or for other aeronautical purposes, 
3on such terms and subject to such conditions and regulations as 
4may be provided. Any such city may enter into a contract, in the 
5form of a lease, providing for the use of said land, or any part 
6thereof, by the Government of the United States for air mail 
7delivery, or other aeronautical purposes, upon nominal rental or 
8without consideration] aeronautical purposes.

9Section 4204. Operation of Facilities Jointly.--Any city may 
10operate and maintain municipal airports, landing fields or 
11intermediate landing fields and other air navigation facilities 
12jointly in accordance with [any other political subdivision or 
13with the Pennsylvania Aeronautics Commission, upon such terms 
14and conditions as may be agreed upon between the council and the 
15corporate authorities of the other contracting party or parties] 
1653 Pa.C.S. Ch.23 Subch. A (relating to intergovernmental 
17cooperation).

18Section 4205. Appropriation for Support of Air Navigation 
19Facilities.--A city which does not own, lease, or operate 
20municipal airports, landing fields or intermediate landing 
21fields or other air navigation facilities[,] may appropriate 
22money for the support and maintenance of any such facilities, 
23situate either within or without the boundaries of the city, or 
24of the county or counties in which [such] the city is located.

25Section 375. Article XLIII and subdivision (a) headings of
26the act are reenacted to read:

27ARTICLE XLIII

28PENSIONS

29(a) Police

30Section 376. Section 4301 of the act, amended December 12,

11994 (P.L.1033, No.140), is amended to read:

2Section 4301. Police Pension Fund[; Direction of].--(a)
3Cities shall establish, by ordinance, a police pension fund[, to 
4be].

5(b) The following shall apply to a police pension fund
6established pursuant to this section:

7(1) The fund shall be maintained by an equal and 
8proportionate monthly charge against each member of the police 
9force, which shall not exceed annually four per centum of the 
10pay of [such] the member and an additional amount not to exceed 
11one per centum of the pay of [such] the member to be paid by 
12[such] the member or the municipal corporation to provide 
13sufficient funds for payments required by subsection [(d) of 
14section 4303] (f) of section 4303 to surviving spouses even if 
15they remarry, or if no spouse survives or if such person 
16survives and subsequently dies, then to the child or children 
17under the age of eighteen years, of members of the police force 
18or of members retired on pension or who die in service[; which].

19(2) The fund shall at all times be under the direction and 
20control of council but may be committed to the custody and 
21management of such officers of the city or [citizens thereof, or 
22corporations located therein] to such other persons or entities, 
23as may be designated by council[, and] by ordinance.

24(3) The fund shall be applied, under such regulations as 
25council may, by ordinance, prescribe, for the benefit of such 
26members of the police force as shall receive honorable discharge 
27therefrom by reason of age or disability, surviving spouses even 
28if they remarry, or if no spouse survives or if such person 
29survives and subsequently dies, then to the child or children 
30under the age of eighteen years, of members of the police force
 

1or of members retired on pension[; but such allowances as shall 
2be].

3(4) Allowances made to those who are retired by reason of 
4the disabilities of age shall be in conformity with a uniform 
5scale, together with service increments as hereinafter provided.

6(5) Any compensation paid to a corporate custodian of the 
7police pension fund shall be paid from the general fund of the 
8city.

9Section 377. Section 4302 of the act, amended November 25,
101970 (P.L.754, No.246), is amended to read:

11Section 4302. Retirement; Final Discharge.--[Such ordinance 
12shall prescribe a] (a) With regard to continuous service and 
13minimum retirement age requirements, the ordinance establishing 
14the police pension fund shall prescribe as follows:

15(1) A minimum period of continuous service[,] of not less 
16than twenty years[, and, when].

17(2) If any minimum retirement age is prescribed, a minimum 
18age of fifty years[, after which members of the force may retire 
19from active duty, and such members as are retired].

20(b) Retired members, if not unfit by reason of age, 
21disability or otherwise, shall be subject to service[, from time 
22to time,] as a police reserve [until unfitted for such service, 
23when they may be finally retired by reason of age or disability] 
24under terms and conditions as may be established by council.

25(c) With the approval of council, any member of the police 
26pension fund who is a contributor and who served in the armed 
27forces of the United States subsequent to September 1, 1940, and 
28who was not a member of the police pension fund prior to such 
29military service, shall be entitled to have full credit for each 
30year or fraction thereof, not to exceed five years of such
 

1service upon [his] the member's payment to the police pension 
2fund of an amount equal to that which [he] the member would have 
3paid had [he] the member been a member during the period for 
4which [he desires] credit is desired, and [his] the member's 
5payment to [such] the fund of an additional amount as the 
6equivalent of the contributions of the city on account of such 
7military service.

8Section 378. Section 4302.1 of the act, added December 17,
91990 (P.L.715, No.178), is amended to read:

10Section 4302.1. Limited Vested Benefit.--(a) The ordinance 
11establishing a police pension fund may provide for a limited 
12vested benefit if such would conform to section 305 of the act 
13of December 18, 1984 (P.L.1005, No.205), known as the "Municipal 
14Pension Plan Funding Standard and Recovery Act."

15(b) Under [the provisions of the benefit, should] a limited 
16vested benefit, a member of the police pension fund, [before 
17completing] who has not completed the minimum [age and minimum] 
18period of continuous service [requirements but after having] 
19requirement and satisfied any applicable minimum age 
20requirement, but who has completed twelve years of full-time 
21service, [the member] shall be entitled to vest [his or her] the 
22member's retirement benefits subject to each of the following 
23conditions:

24(1) [the] The member must file with the management board of
25the police pension fund a written notice of [his or her] the 
26member's intention to vest[;].

27(2) [the] The member must include in the notice, the date
28the member intends to terminate [his or her] the member's
29service as a full-time police officer[;].

30(3) [the] The termination date shall be at least thirty days

1later than the date of notice to vest[;].

2(4) [the] The member must be in good standing with the
3police department on the date of notice to vest[; and].

4(5) [the] The board shall indicate on the notice to vest the
5rate of the monthly pay of the member as of the date of [said] 
6the notice to vest or the highest average annual salary which
7the member received during any five years of service preceding
8said date, whichever is the higher.

9[(b)] (c) Upon reaching the date which would have been the
10member's retirement date had the member continued [his or her] 
11the member's full-time employment with the police department,
12the member shall notify the board, in writing, that the member
13desires to collect [his or her] the member's pension. The amount
14of retirement benefits the member is entitled to receive under
15this section shall be computed as follows:

16(1) [the] The initial determination of the member's base
17retirement benefits shall be computed on the salary indicated on
18the notice to vest[; and].

19(2) [the] The portion of the base retirement benefits due
20the member shall be determined by applying to the base amount
21the percentage that [his or her] the member's years of service
22actually rendered bears to the years of service which would have
23been rendered had the member continued to be employed by the
24department until [his or her] the member's minimum retirement
25date.

26Section 379. Section 4303 of the act, amended or added
27January 18, 1952 (1951 P.L.2105, No.596), October 22, 1955
28(P.L.723, No.207), November 25, 1970 (P.L.754, No.246), October
294, 1978 (P.L.950, No.188), December 17, 1990 (P.L.715, No.178),
30December 12, 1994 (P.L.1033, No.140) and June 19, 2002 (P.L.442,

1No.65), is amended to read:

2Section 4303. Allowances and Service Increments.--(a)
3Payments for allowances shall [not] only be a charge on the 
4police pension fund and shall not be a charge on any other fund 
5under the control, or in the treasury, of the city [or under its 
6control save the police pension fund herein provided for].

7(b) The basis of the apportionment of the pension shall be 
8determined by the rate of the monthly pay of the member at the 
9date of injury, death, honorable discharge, vesting under 
10section 4302.1 or retirement, or the highest average annual 
11salary which the member received during any five years of 
12service preceding injury, death, honorable discharge, vesting 
13under section 4302.1 or retirement, whichever is the higher, and 
14except as to service increments provided for in subsection [(b) 
15of this section] (d), shall not in any case exceed in any year 
16one-half the annual pay of [such] the member computed at [such] 
17the monthly or average annual rate, whichever is the higher.

18[(a.1)] (c) The provisions of subsection [(a)] (b) providing
19that the apportionment of the pension shall not in any case
20exceed in any year one-half the annual pay of [such] the member
21computed at [such] the monthly or average annual rate, whichever
22is the higher, shall not apply to a city of the third class
23whether operating under an optional charter adopted in
24accordance with the act of July 15, 1957 (P.L.901, No.399),
25known as the "Optional Third Class City Charter Law," or under a
26home rule charter adopted in accordance with 53 Pa.C.S. Pt. III 
27Subpt. E (relating to home rule and optional plan government),
28which had in effect pension plans prior to the effective date of
29this subsection that provided pensions in an amount greater than
30fifty per centum of salary.

1[(b)] (d) In addition to the retirement allowance which is
2authorized to be paid from the police pension fund by this act,
3and notwithstanding the limitations therein placed upon such
4retirement allowances and upon contributions, every contributor
5who shall become entitled to the retirement allowance shall also
6be entitled to the payment of a "service increment" in
7accordance with and subject to the conditions hereinafter set
8forth.

9(1) Service increment shall be the sum obtained by computing
10the number of whole years after having served the minimum
11required by this act during which a contributor has been
12employed by [such] the city and paid out of the city treasury,
13including credit for military service as provided in section
144302, and multiplying the said number of years so computed by an
15amount equal to one-fortieth of the retirement allowance which
16has become payable to [such] the contributor in accordance with
17the provisions of this act. In computing the service increment,
18no employment after the contributor has reached the age of
19sixty-five years shall be included, and no service increment
20shall be paid in excess of one hundred dollars ($100.00) per
21month.

22(2) Each contributor, from and after [the effective date of
23this amendment] January 1, 1952, shall pay into the retirement
24fund a monthly sum in addition to [his or her] the contributor's
25retirement contribution, which shall be equal to one-half of one
26per centum of [his or her] the contributor's salary[: Provided,
27That such], provided, however, that the payment shall not exceed
28the sum of one dollar ($1.00) per month[: And provided, That
29such], and further provided that the service increment
30contribution shall not be paid after a contributor has reached

1the age of sixty-five years.

2(3) Persons who are contributors on [the effective date of
3this amendment] January 1, 1952, who have already reached the
4age of sixty-five years shall have [his or her] the 
5contributor's service increment computed on the years of
6employment prior to the date of reaching [his or her] the 
7contributor's sixty-fifth birthday.

8(4) Service increment contributions shall be paid at the
9same time and in the same manner as retirement contributions,
10and may be withdrawn in full, without interest, by persons who
11leave the employment of [such] the city, subject to the same
12conditions by which retirement contributions may be withdrawn,
13or by persons who retire before becoming entitled to any service
14increment.

15(5) All members of the police force who are now contributors
16to the retirement fund and all those employed by the city after
17[the effective date of this amendment] January 1, 1952, if
18required to become contributors to the retirement fund, shall be
19subject to the provisions of this act.

20(6) After [the effective date of this clause] June 19, 2002,
21a city may agree to make service increment payments in excess of
22one hundred dollars ($100) per month as long as [such] the
23payments do not exceed five hundred dollars ($500) per month,
24and, in computing such service increments, no employment after
25the contributor has reached the age of sixty-five years shall be
26included[: Provided, That], provided that any agreement to
27provide an increase in service increment payments shall include
28a proportionate increase in the amount each contributor shall
29pay into the retirement fund under clause (2), not to exceed
30five dollars ($5) per month.

1[(c)] (e) The spouse of a member of the police force or a
2member who retires on pension who dies or if no spouse survives
3or if such person survives and subsequently dies or remarries,
4then the child or children under the age of eighteen years of a
5member of the police force or a member who retires on pension
6who dies on or after [the effective date of this amendment]
7August 1, 1963, shall, during the lifetime of the surviving
8spouse, even if the surviving spouse remarries, or until
9reaching the age of eighteen years in the case of a child or
10children, be entitled to receive a pension calculated at the
11rate of fifty per centum of the pension the member was receiving
12or would have been receiving had [he] the member been retired at
13the time of [his] the member's death and may receive the pension
14the member was receiving or would have been receiving had [he]
15the member been retired at the time of [his] the member's death.

16[(d)] (f) Any police officer who has less than ten years of
17service and who dies or is totally disabled due to injuries or
18mental incapacities not in line of duty and is unable to perform
19the duties of a police officer, may be entitled to a pension of
20twenty-five per centum of [his] the police officer's annual
21compensation. For death or injuries received after ten years of
22service the compensation may be fifty per centum of [his] the 
23police officer's annual compensation.

24(g) The disability pension may be payable to the police
25officer during [his] the police officer's lifetime and if [he
26shall die] the police officer dies, the pension payment that
27[he] the police officer was receiving may be continued to be
28paid to [his] the police officer's spouse if [such person] the 
29spouse survives or if [such person] the spouse subsequently dies
30or remarries, then the child or children under the age of

1eighteen years of the police officer.

2Section 380. Section 4303.1 of the act, amended June 30,
31969 (P.L.98, No.36), is amended to read:

4Section 4303.1. Increase of Allowances After Retirement.--
5(a) Any city may, at any time, at its discretion, upon the 
6recommendation of the persons having custody and management of 
7the police pension fund, increase the allowances of persons 
8receiving allowances of any kind from the police pension fund by 
9reason of and after the termination of the services of any 
10member of said fund. [Such increases]

11(b) Increases made pursuant to this section shall be in 
12conformity with a uniform scale, which may be based on the cost 
13of living, but the total of any such allowances shall not at any 
14time exceed one-half of the current salary being paid 
15[patrolmen] patrol persons of the highest pay grade.

16Section 381. Section 4303.2 of the act, added October 3,
171988 (P.L.735, No.104), is amended to read:

18Section 4303.2. Total Disability.--(a) Notwithstanding any
19provision of this act, any police officer who becomes totally
20disabled due to injuries sustained in the line of duty shall be
21deemed to be fully vested in the police pension fund, regardless
22of the actual number of years of credited service, and shall be
23eligible for immediate retirement benefits.

24(b) Claims under this section shall be decided by the
25governing body of the city. Proof of disability shall be by
26competent medical evidence provided by the claimant. The
27governing body of the city may at any time have the claimant
28examined by its own physician.

29(c) Claims under this section may be brought as the
30regulations of the city council prescribe. Hearings and appeals

1shall be as provided in [Title 2 of the Pennsylvania
2Consolidated Statutes] 2 Pa.C.S. (relating to administrative law
3and procedure).

4(d) The pension fund shall be subrogated to the right of the
5claimant to the extent of any payments made under the act of
6June 2, 1915 (P.L.736, No.338), known as ["The Pennsylvania
7Workmen's Compensation Act,"] the "Workers' Compensation Act,"
8or the act of June 28, 1935 (P.L.477, No.193), referred to as
9the Enforcement Officer Disability Benefits Law.

10(e) Definition.--As used in this section, "total disability"
11shall mean permanent mental or physical impairment which renders
12the police officer unable to perform [his] the officer's duties.

13Section 382. Section 4304 of the act is amended to read:

14Section 4304. Inalienable Rights in Fund.--Whenever any 
15person shall become entitled to receive an allowance from the 
16police pension fund, and shall have been admitted to participate 
17therein, [he] the person shall not be deprived of [his] the 
18person's right to an equal and proportionate participation 
19therein [upon] on the basis upon which [he] the person first 
20became entitled thereto.

21Section 383. Section 4305 of the act, amended October 4,
221978 (P.L.950, No.188), is amended to read:

23Section 4305. Payments to Police Pension [Funds by City.--
24There] Fund by City.--Unless otherwise required by the act of 
25December 18, 1984 (P.L. 1005, No. 205), known as the "Municipal 
26Pension Plan Funding Standard and Recovery Act," or by any other 
27provision of law, this section shall govern the payment to the 
28police pension fund of moneys raised by taxes levied by the 
29city:

30(1) A city shall [be paid] pay annually to the [organization
 

1or association, constituting and having in charge the 
2distribution of police pension funds in every city] police 
3pension fund, a sum of money sufficient to meet the requirements 
4of and to maintain [such police pension] the fund which sum in 
5no year shall be less than one-half of one per centum nor more 
6than three per centum of all city taxes levied by the city, 
7other than taxes levied to pay interest on or extinguish the 
8debt of the city [or any part thereof].

9(2) Council may exceed the limitations imposed by this 
10section if an additional amount is deemed necessary to provide 
11sufficient funds for payments to surviving spouses of members 
12retired on pension or killed or who die in the service[: 
13Provided, however, That], provided, however, that the city may 
14annually pay into [said] the fund not less than one-half of one 
15per centum of all city taxes levied by the city, other than 
16taxes levied to pay interest on or extinguish the debt of the 
17city [or any part thereof].

18Section 384. Sections 4306 and 4307 of the act are amended
19to read:

20Section 4306. [Designation of Organization to Manage Pension 
21Fund.--The organization, having in charge the distribution of 
22police pension funds, herein mentioned, shall consist only of 
23such as is by ordinance designated as the official and 
24authorized organization or association to hold, receive, and 
25distribute the funds of moneys for the purpose of pensioning the 
26police officers of the city.] Management of Police Pension 
27Fund.--Only the persons designated, in accordance with section 
284301(b)(2), shall be authorized to make decisions to hold, 
29receive and distribute the moneys of the police pension fund.

30Section 4307. Trusts for Benefit of Police Pension Fund.--

1Any city may take, by gift, grant, devise or bequest, any money 
2or property, real, personal or mixed, in trust for the benefit 
3of [such] the pension fund, and the care, management, investment 
4and disposal of [such] the trust funds or property shall be 
5vested in such officer or officers of the city, for the time 
6being, as the council may designate, and [such] the care, 
7management and disposal shall likewise be directed by ordinance 
8and the [said] trust funds shall be governed thereby, subject to 
9such directions, not inconsistent therewith, as the donors of 
10[such] the funds and property may prescribe.

11Section 385. Section 4308 of the act, amended October 4,
121978 (P.L.950, No.188), is amended to read:

13Section 4308. Repayment Before Retirement.--[If for any 
14cause any] (a) If a contributing member of the police [force 
15contributing to the] pension fund shall cease to be a member of 
16the police force before [he becomes] becoming entitled to a 
17pension, the total amount of the contributions paid into the 
18pension fund by [such] the member shall be refunded to [him] the 
19member in full, without interest.

20(b) If [any such] a member shall have returned to [him] the 
21member the amount contributed, and shall afterward again become 
22a member of the police force, [he] the member shall not be 
23entitled to the pension designated until twenty years after 
24[his] the member's reemployment, unless [he shall return] the 
25member returns to the pension fund the amount withdrawn, in 
26which event the period of twenty years shall be computed from 
27the time the member first became a member of the police force, 
28excluding therefrom any period of time during which the member 
29was not employed by the police force.

30(c) In the event of the death of a member of the police
 

1force not in the line of service before the member becomes 
2entitled to [the pension aforesaid and such] a pension and if 
3the member is not survived by a spouse or family entitled to 
4payments as [hereinbefore] provided in this subdivision, the 
5total amount of contributions paid into the pension fund by the 
6member shall be paid over to [his] the member's estate.

7Section 386. Section 4309 of the act, added December 17,
81990 (P.L.715, No.178), is amended to read:

9Section 4309. Definitions.--As used in this subdivision, the
10term "salary" is defined as the fixed amount of compensation
11paid at regular, periodic intervals by the city to the member
12and from which pension contributions have been deducted.

13Section 387. Article XLIII subdivision (b) heading of the
14act is amended to read:

15(b) [Firemen] Firefighters

16Section 388. Section 4320 of the act, amended October 4,
171978 (P.L.950, No.188), is amended to read:

18Section 4320. [Firemen's] Firefighters' Pension Fund; 
19Management; Annuity Contracts.--(a) Except as hereinafter 
20provided, cities shall provide annuity contracts or establish, 
21by ordinance, a [firemen's] firefighters' pension fund[, to].

22(b) The annuity contracts or pension fund shall be 
23maintained in part by an equal and proportionate monthly charge 
24against each member of the fire department, which shall not 
25exceed annually four per centum of the pay of such member, and 
26an additional amount not to exceed one per centum if deemed 
27necessary by the council to provide sufficient funds for 
28payments to surviving spouses of members retired on pension or 
29killed or who die in the service.

30(c) In any case [where] in which there is an existing
 

1organization or association for the benefit of fully paid 
2[firemen] firefighters, constituting and having in charge the 
3distribution of [firemen's] firefighters' pension funds, no 
4annuity contract shall be provided, nor shall any [firemen's] 
5firefighters' pension funds be established under the provisions 
6of this section unless and until the members of such 
7organization or association, by a two-thirds vote, elect to 
8transfer said existing fund into the pension fund required to be 
9established by this section.

10(d) All pension funds established under the provisions of 
11this section shall be under the direction and control of a board 
12of managers [consisting of the mayor], which shall consist of 
13the following:

14(1) Ex officio members as follows:

15(i) the mayor;

16(ii) the director of accounts and finance[,];

17(iii) the director of the department having charge of the 
18fire department, or in cities where the mayor is also the 
19director of the department having charge[,] of the fire 
20department, then the director of public safety[,];

21(iv) the city controller; and

22(v) the chief of the bureau of fire[, ex officio, and two].

23(2) Two members of the fire department to be chosen by the 
24members of the fire department.

25(e) If a city does not establish a department whose director
26is named as an ex officio member of the board of managers, then
27the director of another department or such officers of the city
28as may be designated by council shall be substituted on the
29board of managers.

30(f) Of the first [managers] members so chosen by the members
 

1of the fire department to the board of managers, one shall be 
2chosen for a term of two years and one for a term of four years. 
3Biennially thereafter one [manager] fire department member shall 
4be chosen for a term of four years to take the place of the one 
5whose term expires. In case of vacancy among the managers chosen 
6by the fire department, a successor shall be chosen for the 
7unexpired term.

8(g) The fund shall be applied, under [such] regulations [as] 
9prescribed by the board of managers [shall prescribe], for the 
10benefit of such members of the fire department [as shall] who 
11receive honorable discharge therefrom by reason of service or 
12age or disability, surviving spouses of retired members and the 
13families of [such as may be] members who are killed or who die 
14in the service. All [such] pensions [as shall be allowed] to 
15those who are retired by reason of [the disabilities or of] 
16disability or service or age shall be in conformity with a 
17uniform scale, together with service increments as hereinafter 
18provided. Benefits [allowed] from [such] the fund to families of 
19[such as] members who are killed or who die in service shall 
20take into consideration the member's surviving spouse and [his] 
21the member's minor children under eighteen years of age, if any 
22survive.

23Section 389. Section 4320.1 of the act, added June 16, 1993
24(P.L.97, No.21), is amended to read:

25Section 4320.1. Limited Vested Benefit for Firefighters.--
26(a) The ordinance establishing a firefighters' pension fund may 
27provide for a limited vested benefit if [such] it would conform 
28to section 305 of the act of December 18, 1984 (P.L.1005, 
29No.205), known as the "Municipal Pension Plan Funding Standard 
30and Recovery Act."

1(a.1) Under [the provisions of the] a limited vested 
2benefit, [should] if a member of the firefighters' pension fund 
3[before completing the minimum age and] has not completed the 
4minimum period of continuous service [requirements but after 
5having] and any applicable minimum age requirement but has 
6completed twelve years of full-time service, and if, for any 
7reason, shall cease to be employed as a full-time firefighter, 
8the member shall be entitled to vest [his or her] the member's 
9retirement benefits subject to the following conditions:

10(1) [the] The member must file with the management board of
11the firefighters' pension fund a written notice of [his or her] 
12the member's intention to vest[;].

13(2) [the] The member must include in the notice the date the
14member intends to terminate [his or her] service as a full-time
15firefighter[;].

16(3) [the] The termination date shall be at least thirty days
17later than the date of notice to vest[;].

18(4) [the] The member must be in good standing with the fire
19department on the date of notice to vest[; and].

20(5) [the] The board shall indicate on the notice to vest the
21rate of the monthly pay of the member as of the date of the
22notice to vest or the highest average annual salary which the
23member received during any five years of service preceding the
24date, whichever is the higher.

25(b) Upon reaching the date which would have been the
26member's retirement date had the member continued [his or her]
27full-time employment with the fire department, the member shall
28notify the board in writing that the member desires to collect
29[his or her] the member's pension. The amount of retirement
30benefits the member is entitled to receive under this section

1shall be computed as follows:

2(1) [the] The initial determination of the member's base
3retirement benefits shall be computed on the salary indicated on
4the notice to vest[; and].

5(2) [the] The portion of the base retirement benefits due
6the member shall be determined by applying to the base amount
7the percentage that [his or her] the member's years of service
8actually rendered bears to the years of service which would have
9been rendered had the member continued to be employed by the
10department until [his or her] the member's minimum retirement
11date.

12Section 390. Section 4321 of the act, amended July 1, 1992
13(P.L.347, No.74), is amended to read:

14Section 4321. Retirement; Final Discharge.--[Such 
15regulations shall prescribe a] (a) With regard to continuous 
16service and minimum age requirements, the ordinance establishing 
17or regulations governing the firefighters' pension fund shall 
18prescribe as follows:

19(1) A minimum period of continuous service[,] of not less 
20than twenty years [and, when].

21(2) If any minimum age is prescribed, a minimum age of fifty 
22years[, after which members of the department may retire on 
23pension from active duty, and such members as are retired].

24(b) Retired members, if not unfit by reason of age, 
25disability or otherwise shall be subject to service, from time 
26to time, as a [firemen's] firefighters' reserve in cases of 
27emergency [until unfitted for such service, when they may be 
28finally discharged by reason of age or disability], under terms 
29and conditions as my be established by council.

30(c) With the approval of council, all members of the
 

1[firemen's] firefighters' pension fund who are contributors and 
2who served in the armed forces of the United States subsequent 
3to September 1, 1940, and who were not members of the 
4[firemen's] firefighters' pension fund prior to such military 
5service, shall be entitled to have full credit for each year or 
6fraction thereof, not to exceed five years of such service upon 
7their payment to the [firemen's] firefighters' pension fund of 
8an amount equal to that which they would have paid had they been 
9members during the period for which they desire credit, and 
10their payment to such fund of an additional amount as the 
11equivalent of the contributions of the city plus any interest 
12the city would have been required to pay on the contributions on 
13account of such military service. Upon the death of a member who 
14retires on pension or is killed in the service on or after 
15January 1, 1960, or who dies in the service on or after January 
161, 1968, payments as hereinafter provided shall be made to the 
17member's surviving spouse during the life of the spouse.

18Section 391. Section 4322 of the act, amended or added
19October 4, 1978 (P.L.950, No.188), June 16, 1993 (P.L.97, No.21)
20and June 19, 2002 (P.L.442, No.65), is amended to read:

21Section 4322. Pensions and Service Increments.--(a) The 
22following apply:

23(1) Payments of pensions shall [not] only be a charge on
24[any fund in the] the firefighters' pension fund and shall not 
25be a charge on any other fund under the control, or in the
26treasury, of the city [or under its control save the firemen's
27pension fund herein provided for].

28(2) The basis of the pension of a member shall be determined
29by the monthly salary of the member at the date of vesting under
30section 4320.1 or retirement, or the highest average annual

1salary which [he] the member received during any five years of
2service preceding retirement, whichever is the higher, whether
3for disability, or by reason of age or service, and except as to
4service increments provided for in subsection (b) of this
5section, shall be one-half the annual salary of [such] the
6member at the time of vesting under section 4320.1 or retirement
7computed at [such] the monthly or average annual rate, whichever
8is the higher.

9(3) In the case of the payment of pensions to members for
10permanent injury incurred in service, and to families of members
11killed or who die in service, the amount and commencement of the
12payment of pensions shall be fixed by regulations of the board.
13[Such] These regulations shall not take into consideration the
14amount and duration of [workmen's] workers' compensation allowed
15by law. Payments to surviving spouses of members retired on
16pension or killed in the service on or after January 1, 1960, or
17who die in the service on or after January 1, 1968, shall be the
18amount payable to the member or which would have been payable
19had [he] the member been retired at the time of [his] the
20member's death.

21(a.1) The provisions of subsection (a) providing that the
22basis of the pension shall be one-half the annual salary of
23[such] the member at the time of vesting under section 4320.1 or
24retirement computed at [such] the monthly or average annual
25rate, whichever is the higher, shall not apply to a city of the
26third class whether operating under an optional charter adopted
27in accordance with the act of July 15, 1957 (P.L.901, No.399),
28known as the "Optional Third Class City Charter Law," or under a
29home rule charter adopted in accordance with 53 Pa.C.S. Pt. III 
30Subpt. E (relating to home rule and optional plan government),

1which had in effect pension plans prior to the effective date of
2this subsection that provided pensions in an amount greater than
3fifty per centum of salary.

4(b) In addition to the pension which is authorized to be
5paid from the [firemen's] firefighters' pension fund by this act
6and notwithstanding the limitations therein placed upon such
7pensions and upon contributions, every contributor who shall
8become entitled to the pension shall also be entitled to the
9payment of a "service increment" in accordance with and subject
10to the conditions hereinafter set forth.

11(1) Service increment shall be the sum obtained by computing
12the number of whole years after having served the minimum
13required by this act during which a contributor has been
14employed by [such] the city and paid out of the city treasury,
15including credit for military service as provided in section
164321, and multiplying the said number of years so computed by an
17amount equal to one-fortieth of the retirement allowance which
18has become payable to such contributor in accordance with the
19provisions of this act. In computing the service increment, no
20employment after the contributor has reached the age of sixty-
21five years shall be included, and no service increment shall be
22paid in excess of one hundred dollars ($100) per month.

23(2) Each contributor, from and after [the effective date of
24this amendment] September 18, 1968, shall pay into the pension
25fund a monthly sum in addition to [his] the contributor's 
26pension contribution, which shall not exceed the sum of one
27dollar ($1) per month[: And provided, That such], provided that 
28the service increment contribution shall not be paid after a
29contributor has reached the age of sixty-five years.

30(3) Any person who is a member of the department on [the

1effective date of this amendment] September 18, 1968, who has
2already reached the age of sixty-five years shall have [his] the 
3person's service increment computed on the years of employment
4prior to the date of reaching [his] the person's sixty-fifth
5birthday.

6(4) Service increment contributions shall be paid at the
7same time and in the same manner as pensions, and may be
8withdrawn in full, without interest, by persons who leave the
9employment of [such] the city, subject to the same conditions by
10which retirement contributions may be withdrawn, or by persons
11who retire before becoming entitled to any service increment.

12(5) All members of the fire department who are now
13contributors to the pension fund and all those employed by the
14city after [the effective date of this amendment] September 18, 
151968, if required to become contributors to the pension fund,
16shall be subject to the provisions of this act.

17(6) After the effective date of this clause, a city may
18agree to make service increment payments in excess of one
19hundred dollars ($100) per month as long as such payments do not
20exceed five hundred dollars ($500) per month, and, in computing
21such service increments, no employment after the contributor has
22reached the age of sixty-five years shall be included[:
23Provided, That], provided that any agreement to provide an
24increase in service increment payments shall include a
25proportionate increase in the amount each contributor shall pay
26into the retirement fund under clause (2), not to exceed five
27dollars ($5) per month.

28Section 392. Section 4322.1 of the act, amended June 30,
291969 (P.L.98, No.36), is amended to read:

30Section 4322.1. Increase of Allowances After Retirement.--

1(a) Any city may, at any time, at its discretion, upon the
2recommendation of the persons having custody and management of
3the [firemen's] firefighters' pension fund, increase the
4allowances of persons receiving allowances of any kind from the
5fund by reason of and after the termination of the services of
6any member of the fund.

7[Such increases] (b) Increases made pursuant to this section 
8shall be in conformity with a uniform scale, which may be based
9on the cost of living, but the total of any such allowances
10shall not at any time exceed one-half of the current salary
11being paid [firemen] firefighters of the highest pay grade.

12Section 393. Section 4323 of the act, amended August 14,
131959 (P.L.709, No.246), is amended to read:

14Section 4323. Causes for Forfeiture of Rights in Fund; Other
15Employments.--(a) Whenever any person shall become entitled to
16receive a pension from the [firemen's] firefighters' pension
17fund, and shall have been admitted to participate therein, [he]
18the person shall not thereafter be deprived of [his] the 
19person's right to participation therein [upon] on the basis upon
20which [he] the person first became entitled thereto, [except for 
21one or more of the following causes, that is to say:

22Conviction of a felony or misdemeanor, becoming an habitual 
23drunkard, or failing to comply with some general regulation 
24relating to the management of said fund which may be made by the
25managers, and which may provide that a failure to comply
26therewith shall terminate the right to participate in the
27pension fund.] unless otherwise required by the act of July 8, 
281978 (P.L.752, No.140), known as the "Public Employee Pension 
29Forfeiture Act."

30(b) Any termination of a pension shall be only after [such]

1due notice and hearing as shall be prescribed by regulation of
2the managers.

3Section 394. Section 4324 of the act, amended October 4,
41978 (P.L.950, No.188), is amended to read:

5Section 4324. Payments to [Firemen's] Firefighters' Pension
6[Funds] Fund by City.--[There] Unless otherwise required by the 
7act of December 18, 1984 (P.L.1005, No.205), known as the 
8"Municipal Pension Plan Funding Standard and Recovery Act," or 
9by any other provision of law, this section shall govern the 
10payment to the firefighters' pension fund of money raised by 
11taxes levied by the city:

12(1) A city shall [be paid] pay to the [firemen's]
13firefighters' pension [funds by every city] fund annually [the]
14a sum of money not less than one-half of one per centum nor more
15than three per centum of all city taxes levied by the city,
16other than taxes levied to pay interest on or extinguish the
17debt of the city [or any part thereof].

18(2) Council may exceed the limitations imposed by this
19section if an additional amount is deemed necessary to provide
20sufficient funds for payments to surviving spouses of members
21retired on pension or killed or who die in the service[:
22Provided, however, That], provided, however, that the city shall
23annually pay into said fund not less than one-half of one per
24centum of all city taxes levied by the city, other than taxes
25levied to pay interest on or extinguish the debt of the city [or
26any part thereof].

27Section 395. Sections 4325 and 4326 of the act are amended
28to read:

29Section 4325. [Transfer of Funds] Transfers from Other
30Pension Funds.--(a) In any city wherein the members of the fire

1department are members of a pension fund not established solely
2for the purpose of pensioning members of the fire department,
3there shall be transferred from such other pension fund into the
4[firemen's] firefighters' pension fund required to be
5established by this act, the moneys contributed thereto by
6members of the fire department who have not been retired, and a
7just and equitable proportion of the moneys contributed by the
8city to such other pension fund for the future retirement of
9members of the fire department. [Such] The transfers may be made
10by the transfer of securities. The amounts to be transferred
11shall be amicably adjusted by the managers of the [firemen's]
12firefighters' pension fund and the pension board having the
13charge of such other pension fund. In case of disagreement as to
14the amount [so] to be transferred, the disagreement shall be
15resolved by the city council, whose action thereon shall be
16final.

17(b) Nothing contained in this section shall be construed to
18relieve any existing pension fund of its liability to continue
19the payment of pensions to retired members of the fire
20department in accordance with the laws and regulations under
21which such members were retired.

22Section 4326. Trusts for Benefit of [Firemen's]
23Firefighters' Pension Fund.--Any [such] city may take, by gift,
24grant, devise or bequest, any money or property, real, personal
25or mixed, in trust for the benefit of [such] the pension fund[,
26and the]. The care, management, investment and disposal of
27[such] the trust funds or property shall be vested in [such] the
28officer or officers of [such] the city, for the time being, as
29the [said] city may designate[, and such]. The care, management
30and disposal shall likewise be directed by ordinance and the

1[said] trust funds shall be governed thereby, subject to [such]
2directions, not inconsistent therewith, as the donors of [such]
3the funds and property may prescribe.

4Section 396. Section 4327 of the act, amended July 20, 1968
5(P.L.434, No.204), is amended to read:

6Section 4327. Repayment Before Retirement.--(a) If [for any
7cause any] a contributing member of the [fire department
8contributing to the] firefighters' pension fund shall cease to
9be a member of the fire department before [he] the member
10becomes entitled to a pension, the total amount of the
11contributions paid into the pension fund by [such] the member
12shall be refunded [to him] in full without interest.

13(b) If [any such] a member shall have returned to [him] the 
14member the amount contributed, and shall afterward again become
15a member of the fire department, [he] the member shall not be
16entitled to the pension designated until twenty years after
17[his] the member's reemployment, unless [he shall return] the 
18member returns to the pension fund the amount withdrawn, in
19which event the period of twenty years shall be computed from
20the time the member first became a member of the fire
21department, excluding therefrom any period of time during which
22the member was not employed by the fire department.

23(c) In the event of the death of a member of the fire
24department not in the line of service before the member becomes
25entitled to [the] a pension [aforesaid] and [such] if the member
26[is not survived by a widow] has no surviving spouse or family
27entitled to payments as [hereinbefore] provided in this 
28subdivision, the total amount of contributions paid into the
29pension fund by the member shall be paid over to [his] the 
30member's estate.

1Section 397. Section 4328 of the act, added June 16, 1993
2(P.L.97, No.21), is reenacted to read:

3Section 4328. Definitions.--As used in this subdivision, the
4term "salary" is defined as the fixed amount of compensation
5paid at regular, periodic intervals by the city to the member
6and from which pension contributions have been deducted.

7Section 398. Article XLIII subdivision (c) heading of the
8act, amended August 17, 1951 (P.L.1251, No.292), is amended to
9read:

10(c) Pension Funds for Employes Other Than [Policemen] Police 
11Officers and City-Paid [Firemen] Firefighters

12Section 399. Section 4340 of the act, amended October 4,
131978 (P.L.950, No.188), is amended to read:

14Section 4340. Pension Funds for Employes other than Police
15or City-Paid [Firemen] Firefighters.--(a) Cities may create a
16pension fund for the pensioning of employes [of said cities] who
17are not members of the police force or city-paid fire department
18[thereof], surviving spouses of retired members if council so
19elects and the families of [such] employes as may be injured or
20killed in the service, in the manner, under the conditions and
21subject to the qualifications [following] set forth in this 
22subdivision.

23(b) As used in this subdivision "employes" includes officers
24and officials of the city, whether elected or appointed.

25Section 400. Section 4341 of the act, amended June 21, 1984
26(P.L.428, No.87), is amended to read:

27Section 4341. Pension Board; Duties.--(a) In any city which
28creates [such] a pension fund in accordance with this 
29subdivision, there shall be created a board to be known as the
30pension board, consisting of the mayor, the city controller, the

1superintendent of finance, two employes to be chosen by the
2employes contributing to the pension fund and, if members of
3council participate in the pension fund and are members of the
4fund, a member of council[,] chosen by council.

5(b) It shall be the duty of [said] the board to register all
6persons employed by the [said] city, and to administer the
7collections and distribution of the pension fund [herein
8provided for], and make such reasonable rules [in the premises]
9as [such] the board may deem necessary [to carry into effect the
10provisions of this act].

11Section 401. Section 4342 of the act is amended to read:

12Section 4342. Retirement Age.--[Every person, now or
13hereafter employed by any] In a city which has created [such] a
14pension fund and pension board [as hereinbefore provided,] in 
15accordance with this subdivision, an employe of the age of sixty
16years, and upwards, who shall have been [so] employed for a
17period of twenty years or more, shall, upon application to the
18board of pensions [herein created,] be retired from service and
19shall, subject to qualifications provided in this subdivision
20during the remainder of [his or her] the employe's life, receive
21the pension or compensation fixed by this [act, subject to such
22qualifications as are herein contained] subdivision.

23Section 402. Section 4343 of the act, amended October 4,
241978 (P.L.950, No.188), is amended to read:

25Section 4343. Retirement Allowance; Proof of Disability;
26Joint and Single Coverage Members Defined.--(a)  During the
27lifetime of any person in the employment of any city creating
28[such] the pension fund and pension board [as hereinbefore
29provided, he or she] in accordance with this subdivision, the 
30person shall be entitled to receive as a pension annually, from

1the fund set aside for the purpose, fifty per centum of the
2amount which would constitute the average annual salary or wages
3which [he or she] the person received during the last or any
4five years of [his or her] the person's employment by the [said]
5city, whichever is the higher, [said] the pension to be paid in
6semi-monthly payments. Should any persons so employed, after
7twenty years of service, be dismissed, voluntarily retired, or
8be in any manner deprived of [his or her] the person's position
9or employment, before attaining the age of sixty years, upon
10continuing a monthly payment to the fund equal to the last
11amount due and paid monthly while in active service, [said] the 
12person shall be entitled to the pension above-mentioned,
13notwithstanding [he or she] that the person has not attained the
14age of sixty years at the time of [his or her] the person's
15separation from the service of [such] the city, but [said] the
16pension shall not commence until [he or she] the person has
17attained the age of sixty years. Should any employe, however,
18become totally and permanently disabled, after ten years of
19service and before attaining the age of sixty years, [he or she] 
20the person shall be entitled to the [said] pension. Proof of
21total and permanent disability shall consist of the sworn
22statement of three practicing physicians, designated by the
23board, that the employe is in a permanent condition of health
24which would permanently disable [him or her] the person from
25performing the duties of [his or her] the person's position or
26office.

27(b) For the purpose of this article on pensions, the
28following words shall have the meaning herein assigned to them:

29(1) "Joint Coverage Member" of the retirement system shall
30mean a city employe who shall have become a member of the

1retirement system subsequent to the last date permitted by
2[such] the city for statement or preference concerning social
3security coverage, or who, having become a member on or before
4[such] that date, shall have filed with the Retirement Board a
5written statement that [he or she] the member elects social
6security coverage under an agreement with the [Federal]
7Secretary of Health[, Education and Welfare] and Human Services
8entered into by the Commonwealth.

9(2) "Single Coverage Member" of the retirement system shall
10mean a city employe who shall have become a member of the
11retirement system on or before the last date permitted by [such]
12the city for statement of preference concerning social security
13coverage and who either shall have filed with the Retirement
14Board a written statement that [he or she] the member does not
15elect social security coverage under any agreement with the
16[Federal] Secretary of Health[, Education and Welfare] and Human 
17Services entered into by the Commonwealth, or shall not have
18filed with the Retirement Board any written statement.

19(c) Where a city has entered into an agreement with the
20Commonwealth to place certain employes under the Federal Social
21Security Act, the pension to be paid joint coverage members
22according to the provisions of this section payable after the
23age and upon that portion of annual compensation on which social
24security benefits are payable, shall be reduced by an amount
25equal to forty (40) per centum of the primary insurance amount
26of social security paid or payable to the member. [Such] The
27reduction shall be subject to the following provisions:

28(1) Upon attainment of the age at which social security
29benefits are payable by a beneficiary receiving a pension or
30upon retirement of a contributor after attaining that age, [his]
 

1the person's eligibility to the old age insurance benefit and
2the primary insurance amount of social security upon which the
3reduction in the pension shall be based, shall be computed by
4the board in the manner specified in the Federal Social Security
5Act, except that in determining such eligibility and such amount
6only wages or compensation for services performed in the employ
7of the city shall be included.

8(2) The reduction shall not apply to a pension for total and
9permanent disability payable under this section.

10(3) Whenever the amount of the reduction from the pension
11shall have been once determined, it shall remain fixed for the
12duration of the pension, except that any decrease in the primary
13insurance amount under the Social Security Act shall result in a
14corresponding decrease in the amount of the reduction from the
15pension.

16(4) The total sum, including social security benefits, to be
17received upon retirement by an employe who is a member of the
18system at the time of the agreement shall not be less than the
19allowance that would be paid by the retirement system in the
20absence of the agreement.

21(d) If council elects, by ordinance, to make such payments,
22the surviving spouse of an employe who retired on pension or is
23killed in the service on or after January 1, 1960, shall, during
24[his] the surviving spouse's lifetime or so long as [he] the 
25surviving spouse does not remarry, be entitled to receive a
26pension calculated at the rate of fifty per centum of the
27pension the member was receiving or would have been entitled to
28had [he] the member been retired at the time of [his] the 
29member's death.

30Section 403. Section 4343.1 of the act, amended June 11,

11968 (P.L.160, No.90), is amended to read:

2Section 4343.1. Retirement Allowances; Full Coverage; 
3Payments.--(a) Where a city has entered into an agreement with 
4the Commonwealth to place certain employes under the Federal 
5Social Security Act, the pension board may authorize any joint 
6coverage member of the retirement system to elect according to 
7the provisions of this section to receive compensation without 
8the reduction provided for in section 4343, provided [he] the 
9member shall make a lump-sum payment to the pension board, or 
10installment payments as may be approved by the board, equal to 
11the difference between the amount of the accumulated fund to 
12[his] the member's credit in the fund as of the last date for 
13which salary or wages was paid and the amount which would have 
14been to [his] the member's credit in [such] the fund if 
15contributions had been made on that portion of [his] the 
16member's salary or wages on which social security allowances are 
17payable, at the same rate as made on that portion of [his] the 
18member's salary or wages in excess thereof, from the time that 
19[such] the salary or wages became subject to social security 
20coverage. Such election shall be made, in writing, in the form 
21prescribed by the pension board, and shall be accompanied by the 
22lump-sum payment or an agreement as to installment payments 
23herein required.

24(b) The pension board may authorize any such member to make
25the election herein provided at any time, and if made prior to
26retirement, [such] the member shall, in addition to any lump-sum
27or installment payments required, pay to the board contributions
28on [his] the member's entire salary or wages thereafter received
29at the rate provided in this act for monthly salary or wages in
30excess of that on which social security allowances are payable.

1Section 404. Section 4343.2 of the act, added July 11, 1996
2(P.L.647, No.109), is amended to read:

3Section 4343.2. Limited Vested Benefit.--(a) The ordinance 
4creating a pension fund in accordance with this subdivision may 
5provide for a limited vested benefit if [such] it would conform 
6to section 305 of the act of December 18, 1984 (P.L.1005, 
7No.205), known as the "Municipal Pension Plan Funding Standard 
8and Recovery Act."

9(a.1) Under [the provisions of the benefit, should a member 
10of the pension fund terminate] a limited vested benefit, if a 
11member of the pension fund terminates employment before reaching 
12the date which would have been the member's earliest retirement 
13date had the member continued employment by meeting the minimum 
14age and minimum period of continuous service requirements but 
15after having completed twelve years of full-time service, the 
16member shall be entitled to vest [his or her] the member's 
17retirement benefits subject to the following conditions:

18(1) [the] The member must file with the management board of
19the pension fund a written notice of [his or her] the member's 
20intention to vest[;].

21(2) [the] The member must include in the notice the date the
22member intends to terminate [his or her] the member's service as
23an employe[;].

24(3) [the] The termination date shall be at least thirty days
25later than the date of notice to vest[;].

26(4) [the] The member must be in good standing with the city
27on the date of notice to vest[; and].

28(5) [the] The board shall indicate on the notice to vest the
29rate of monthly pay of the member as of the date of [said] the
30notice to vest or the highest average annual salary which the

1member received during any five years of service preceding
2[said] the date, whichever is the higher.

3(b) Upon reaching the date which would have been the
4member's earliest retirement date had the member continued [his
5or her] the member's employment with the city, the member shall
6notify the board, in writing, that the member desires to collect
7[his or her] the member's pension. The amount of retirement
8benefits the member is entitled to receive under this section
9shall be computed as follows:

10(1) [the] The initial determination of the member's base
11retirement benefits shall be computed on the salary indicated on
12the notice to vest[; and].

13(2) [the] The portion of the base retirement benefits due
14the member shall be determined by applying to the base amount
15the percentage that [his or her] the member's years of service
16actually rendered bears to the years of service which would have
17been rendered had the member continued to be employed by the
18city until[ his or her] the member's earliest retirement date.

19Section 405. Section 4344 of the act, amended October 4,
201978 (P.L.950, No.188), is amended to read:

21Section 4344. Amount of Payments into Fund; Repayment before 
22Retirement.--The employes of any city, creating [such] a pension 
23fund and pension board in accordance with this subdivision, 
24shall pay into the board of pensions monthly an amount equal to 
25two per centum of their monthly salaries or wages, and if 
26council elects, by ordinance, to make [such] payments, an 
27additional amount not to exceed one per centum if deemed 
28necessary by council to provide sufficient funds for payments to 
29the surviving spouses of members who were retired on pension or 
30killed in the service, which shall be applied to the purposes of
 

1the fund. Payment of the monthly amount or contribution herein 
2mentioned shall cease and be discontinued at the time the 
3beneficiary receives the pension herein provided. If for any 
4cause any employe contributing to the pension fund shall cease 
5to be an employe of the city before the [said] employe becomes 
6entitled to a pension, the total amount of the contributions 
7paid into the pension fund by [such] the employe shall be 
8refunded to [him or her] the employe in full, without interest. 
9If any [such] employe shall have returned to [him or her] the 
10employe the amount contributed as aforesaid, and shall afterward 
11reenter the employ of the city, [said] the employe shall not be 
12entitled to the pension designated until twenty years after 
13[said] reemployment, unless [he or she] the employe shall return 
14to the pension fund the amount withdrawn, in which event that 
15period of twenty years shall be computed from the time [said] 
16the employe first enters the service of the city. In the event 
17of the death of any [such] employe, before the [said] employe 
18becomes entitled to the pension aforesaid, the [said] total 
19amount of contributions paid into the pension fund by [said] the 
20employe shall be paid over to the estate of [said] the deceased 
21employe.

22Section 406. Section 4344.1 of the act, amended July 21,
231959 (P.L.553, No.169), is amended to read:

24Section 4344.1. Determination of Liability Upon Extension of 
25Social Security.--(a) Where a city has entered into an 
26agreement with the Commonwealth to place its employes under the 
27Federal Social Security Act, the pension board shall appoint an 
28actuary, and may fix [his] the employe's compensation. The 
29actuary shall determine the present value of the liability on 
30account of pensions payable under the provisions of section 4343
 

1[of this act] to employes who are members of the system on the 
2effective date of the agreement, and shall offset the value of 
3any assets in the pension fund to determine the unfunded 
4liability. The city may make [such] the payments as it desires 
5toward the unfunded liability until the accumulated reserve 
6equals the present value of the liability. The actuary shall 
7also determine the amount which shall be contributed, annually, 
8into the fund on account of service of all new and original 
9members subsequent to the effective date of the agreement.

10(b) Employes shall pay into the board of pensions, monthly,
11an amount equal to three and one-half per centum of that portion
12of monthly compensation on which social security allowances are
13payable and five per centum of any monthly compensation in
14excess of that on which social security allowances are payable.
15The remainder of the needed annual contribution for service
16subsequent to the date of the agreement, as determined by the
17actuary, shall become the obligation of the city, and shall be
18paid by it to the board of pensions by annual appropriations.
19The provisions of this section shall, in all applicable cases,
20supersede the provisions relating to contributions in section
214344 and section 4348 [of this act].

22Section 407. Section 4345 of the act is amended to read:

23Section 4345. Payments by Laborers Optional.--Any person
24holding a position in any [such] city as a laborer, at a per
25diem wage, shall not be compelled to pay or contribute toward
26the pension fund herein provided for, but shall have the option
27or choice of so doing and, in that event only, of becoming
28entitled to the pension provided by this act.

29Section 408. Section 4346 of the act, amended August 17,
301951 (P.L.1251, No.292), is amended to read:

1Section 4346. Heads of Departments to Certify List of 
2Employes.--The head of every department and office employing 
3persons entitled to receive a pension shall certify to the board 
4of pensions all persons so employed and the amount of salary or 
5wages which is paid to [said] employes, together with 
6dismissals, resignations, or terminations of service and, from 
7the records of their office or department, shall furnish [such] 
8other relevant information as the board of pensions shall 
9require. In the case of a volunteer [fireman] firefighter, "head 
10of department or office" shall mean the president or secretary 
11of the board of trustees of the volunteer fire company involved.

12Section 409. Section 4347 of the act is amended to read:

13Section 4347. Receipt, Investment and Payment of Funds.--It
14shall be the duty of the board of pensions to receive and retain
15and, when deemed advisable, to invest the funds payable in
16accordance with the provisions of this subdivision [of this
17article], and to pay over by warrant or check the amount due to
18[said] employes.

19Section 410. Sections 4348 and 4349 of the act, amended
20August 17, 1951 (P.L.1251, No.292), are amended to read:

21Section 4348. Appropriations and Contributions to Fund.--The 
22council may annually set aside, apportion, and appropriate, out 
23of all taxes and income of [such] the city, unto the board of 
24pensions, a sum sufficient to maintain the pensions or 
25compensations due hereunder on account of the city contributions 
26for all employes except volunteer [firemen] firefighters. On 
27account of volunteer [firemen] firefighters who become members 
28of the pension fund, the board of trustees of the volunteer fire 
29company employing and paying them shall annually contribute to 
30the board of pensions a sum equal to the same percentage of its
 

1participating payroll as the amount contributed by the city for 
2the same year bears to its participating payroll.

3Section 4349. Application.--(a) The benefits conferred by 
4this subdivision [of this article] shall apply to all persons 
5employed in any capacity by, or holding positions in, or, in the 
6case of a volunteer [fireman] firefighter, rendering services 
7recognized and accepted by, the cities creating a pension fund 
8and pension board in accordance with its provisions, but this 
9subdivision shall not apply to employes of [such] departments, 
10bureaus, or offices as are otherwise protected by pension 
11authorized by this act.

12(b) Any volunteer [fireman] firefighter may become a member
13of [such] a pension fund, as of the date of [his] the volunteer 
14firefighter's original employment or of the inception of the
15pension fund, whichever is later, upon [his] the volunteer 
16firefighter making back contributions, and if the volunteer fire
17company or board of trustees thereof employing and paying [him] 
18the volunteer firefighter agrees to contribute and contributes
19to the pension fund, from time to time, the sums hereinbefore
20required.

21Section 411. Sections 4350 and 4351 of the act are reenacted
22to read:

23Section 4350. Computation of Time of Service.--The time of
24service herein specified, namely, twenty years, shall be
25computed from the time of the first or original employments,
26said employment to consist of service to the city and need not
27be continuous.

28Section 4351. Funds Payable to be Free of Attachment.--The
29compensation or pension herein mentioned shall not be subject to
30attachment or execution, and shall be payable only to the

1beneficiary designated, and shall not be subject to assignment
2or transfer.

3Section 412. Section 4352 of the act, amended August 17,
41951 (P.L.1251, No.292), is amended to read:

5Section 4352. Definitions.--The term or phrase "employe,"
6"employed," "employed by the city," or "in the employment of any
7city," as used in this subdivision, is meant to include all
8persons in the service of cities creating a pension fund and a
9pension board in accordance with the provisions thereof, who are
10not now otherwise protected by pensions authorized by this act,
11and any volunteer [fireman] firefighter who becomes a member of
12the pension fund.

13"Volunteer [fireman] firefighter" shall mean a driver of
14fire-fighting apparatus or ambulances, regularly employed and
15paid by a volunteer fire company, rendering services recognized
16and accepted by a city.

17Section 413. Section 4353 of the act, amended July 5, 2005
18(P.L.70, No.28), is reenacted to read:

19Section 4353. Beneficiaries of Fund not to be Employed by
20City.--No person or persons who shall have become a beneficiary
21shall be employed by the said city in any capacity. Subject to
22the provisions of section 4361, nothing herein shall be
23construed as prohibiting a person or persons who shall have
24become a beneficiary from serving in an elective city office.

25Section 414. Article XLIII subdivision (d) heading of the
26act, added July 5, 2005 (P.L.70, No.28), is reenacted to read:

27(d) Beneficiaries Serving in Elective Office

28Section 415. Section 4361 of the act, added July 5, 2008
29(P.L.70, No.28), is reenacted and amended to read:

30Section 4361. Right to a Pension if Salary Refused.--In any

1city governed by the provisions of this act, the act of July 15,
21957 (P.L.901, No.399), known as the "Optional Third Class City
3Charter Law," or 53 Pa.C.S. Pt. III Subpt. E (relating to home
4rule and optional plan government), a beneficiary serving in an
5elective city office shall not be prohibited from receiving a
6pension for any month in which [he or she] the beneficiary does
7not accept a salary from serving in the elective office.

8Section 416. Article XLIV heading of the act is reenacted to
9read:

10ARTICLE XLIV

11CIVIL SERVICE

12Section 417. Section 4401 of the act is amended to read:

13Section 4401. Examinations Required of All Appointees.--No
14person or persons may be appointed to any [position whatever in
15the police department, or in the engineering department or
16electrical department, except as otherwise provided by law, or
17in the position of building inspector, or as health officers
18other than registered physicians, or as sanitary policemen or
19inspectors of the health department] uniformed position in the 
20police or fire departments, excluding chiefs, without having
21first passed all the examinations hereinafter provided for[,]
22and without having been appointed in the manner and according to
23the terms and provisions and conditions of this article.

24Section 418. Section 4402 of the act, amended April 18, 1978
25(P.L.37, No.19), is amended to read:

26Section 4402. Appointment of Examining [Boards] Board.--
27There shall be [the following civil service boards in each city:
28(a) A board for] a civil service board in each city that shall 
29provide for and oversee the examination of applicants for
30appointment to and promotion to any position in the police

1[department; (b) a board for the examination of applicants for
2appointment as health officers other than registered physicians,
3or as sanitary policemen or inspectors of the health department;
4(c) a board for the examination of applicants for appointment to
5any position in the engineering or electrical departments,
6except as otherwise provided for by law, or to the position of
7building inspectors.

8Each of said boards shall consist of three citizens, who
9shall be elected] or fire departments. The board shall consist 
10of three citizens who shall be appointed by council for terms of
11four years or until their successors are [elected and qualified]
12appointed and qualified except for the initial appointment of 
13board members as provided for in section 4403. Any person who is
14a registered elector of the city may be appointed to [one or
15more of said boards] the board. No city officer, official or
16employe shall be eligible for appointment to [any] the civil
17service board.

18Section 419. The act is amended by adding a section to read:

19Section 4402.1. Existing Civil Service Positions.--All
20nonuniformed employes in city positions that were subject to
21civil service regulation immediately prior to the effective date
22of this section shall continue to be subject to civil service
23regulation otherwise provided in this article for uniformed
24employes with regard to the nonuniformed positions.

25Section 420. Section 4403 of the act is amended to read:

26Section 4403. Terms; Filling of Vacancies; Compensation;
27Quorum.--[At the first election in newly created cities, council
28shall elect to each of said boards] In a city in which the civil 
29service board is first established, terms of members of the 
30board shall be staggered. Council shall initially appoint to the
 

1board one person to serve for two years, one person to serve for
2three years, and one person to serve for four years. Upon the
3expiration of the term of any member [of any of said boards, in
4any city, one person shall be elected] a successor shall be 
5appointed by the city council to serve upon [said] the board for
6[the] a term of four years. If any vacancies occur, they shall
7be filled by the city council for the unexpired term. Each of
8[said] the members, before entering upon the duties of [his]
9office, shall take and subscribe to the oath of office
10prescribed by [this act] 53 Pa.C.S. § 1141 (relating to form of 
11oaths of office) and file the same, duly certified by the
12officer administering it, with the [controller of the city] city 
13administrator or, in cities without a city administrator, the 
14city clerk. No salary or other compensation shall be paid to any
15member of the [said boards] board. Two members of the board
16shall constitute a quorum necessary for the transaction of
17business of that board. [Said boards] The board shall organize
18for the purpose of transacting all business immediately after
19[their first appointment and, from time to time,] the first 
20appointments and thereafter as new appointments to [such] the
21board are made. After organizing, the board shall elect one of 
22its members as chairperson and one as secretary.

23Section 421. The act is amended by adding sections to read:

24Section 4403.1. Alternate Board Members.--Council may
25appoint no more than three qualified electors of the city to
26serve as alternate members of the civil service board. The term
27of office of the alternate members shall be four years. If, by
28reason of absence or disqualification of a member, a quorum is
29not reached, the chairperson shall designate as many alternate
30members of the board to sit on the board as may be needed to

1provide a quorum. When seated pursuant to this section, an
2alternate shall be entitled to participate in all proceedings
3and discussions of the board to the extent as provided by law
4for board members, including specifically the right to cast a
5vote as a voting member during the proceedings, and shall have
6all the powers and duties set forth in this act and as otherwise
7provided by law. Any alternate member of the board shall
8continue to serve on the board in all proceedings involving the
9matter or case for which the alternate was initially designated
10until the board has made a final determination of the matter or
11case. Designation of an alternate pursuant to this section shall
12be made on a case-by-case basis in rotation according to
13declining seniority among all alternates. Alternates shall hold
14no other office in the city. Any alternate may participate in
15any proceeding or discussion of the board but shall not be
16entitled to vote as a member of the board unless designated as a
17voting alternate member pursuant to this section.

18Section 4403.2. Investigations and Subpoenas.--(a) The
19board shall have the power to make investigations concerning all
20matters relating to the administration and enforcement of its
21rules and regulations. The chairperson shall be authorized to
22administer oaths and affirmations for witnesses testifying in
23matters before the board.

24(b) The board shall have the power to issue subpoenas over
25the signature of the chairperson or designee and to require the
26attendance of witnesses and the production of records and papers
27pertaining to matters before the board, including any background
28investigation conducted pursuant to any applicable rules and
29regulations.

30Section 422. Section 4404 of the act is amended to read:

1Section 4404. Rules and Regulations; Examinations.--[Each of
2said boards shall prepare and adopt such rules and regulations
3to cover the selection and appointment of all persons as
4hereinbefore provided, to be hereafter employed or appointed in
5said cities, as in the judgment of said boards shall be best
6adapted to securing the best service for the public. Such rules
7and regulations] (a) The board shall have the power and its 
8duty shall be to prepare and adopt rules and regulations, 
9subject to approval by council, which, in the board's 
10discretion, are best adapted to securing and maintaining the 
11best service for the public for the selection, appointment and 
12promotion of persons who are qualified to perform the work which 
13is the subject of the civil service examination as provided in 
14this article, and who are to be employed, appointed or promoted 
15by the city. The rules and regulations adopted by the board
16shall provide for ascertaining and determining, so far as
17possible, [the physical qualifications, habits, reputation,
18standing, experience and education of all applicants for such
19positions, respectively; and they] the knowledge, skills, 
20aptitude, mental and physical abilities, experience, education 
21and character of all applicants as these criteria would 
22reasonably apply to the respective positions; and the rules and 
23regulations shall provide for examinations upon any and all
24subjects deemed proper or necessary by [said boards] the board
25for the purpose of determining [their qualifications for the
26position sought and applied for] the qualifications of 
27applicants for the respective positions sought and for which 
28application is made.

29(b) The civil service board shall, in accordance with this
30act, adopt rules and regulations concerning the following

1matters that may include:

2(1) minutes of proceedings;

3(2) rules of procedure;

4(3) records of examinations;

5(4) annual report to council;

6(5) notice of the rules and regulations and any amendments
7or repeals to the rules and regulations;

8(6) application forms;

9(7) further provisions concerning the duties of the
10chairperson and secretary;

11(8) appointment of examiners; and

12(9) other administrative matters.

13Section 423. Section 4404.1 of the act, added October 19,
142010 (P.L.533, No.77), is amended to read:

15Section 4404.1. Physical and Psychological Medical
16Examinations.--(a) [A] The board may require that an applicant
17conditionally appointed in accordance with section 4406 [of this
18act] undergo a physical or psychological medical examination as
19a condition of permanent appointment. Physical medical
20examinations, if required, shall be under the direction of a
21physician or other qualified medical professional. Psychological
22medical examinations, if required, shall be under the direction
23of a psychiatrist or psychologist.

24(b) A physician, other qualified medical professional, 
25psychiatrist or psychologist shall be appointed by council and 
26shall render an opinion as to whether the conditional appointee 
27has a physical or mental condition which calls into question the 
28individual's ability to perform all of the essential functions 
29of the position for which the individual was conditionally 
30appointed.

1(c) If the opinion rendered by the physician, other 
2qualified medical professional, psychiatrist or psychologist 
3calls into question the conditional appointee's ability to 
4perform all essential functions of a position, the director of 
5the department within which the position is to be filled shall 
6meet with the conditional appointee for the purpose of having 
7one or more interactive discussions on whether the conditional 
8appointee can, with or without reasonable accommodation, perform 
9all the essential functions of the position.

10(d) If, at the conclusion of the interactive discussion 
11under subsection (c), the department director determines that 
12the conditional appointee is not qualified, the department 
13director shall give written notice to the conditional appointee 
14and the board.

15(e) Nothing in this act shall be construed to authorize 
16physical or psychological medical examinations prior to 
17conditional appointment in accordance with section 4406 of this 
18act.

19(f) As used in this section, the following definitions shall 
20apply:

21"Medical examination" shall mean any examination, procedure, 
22inquiry or test designed to obtain information about medical 
23history or a physical or mental condition which might disqualify 
24an applicant if it would prevent the applicant from performing, 
25with or without reasonable accommodation, all of the essential 
26functions of the position.

27"Physician" shall have the meaning given to it in 1 Pa.C.S. §
281991 (relating to definitions).

29"Qualified medical professional" shall mean an individual, in
30collaboration with or under the supervision or direction of a

1physician, as may be required by law, who is licensed:

2(1) as a physician assistant pursuant to the act of December
320, 1985 (P.L.457, No.112), known as the "Medical Practice Act
4of 1985," or the act of October 5, 1978 (P.L.1109, No.261),
5known as the "Osteopathic Medical Practice Act"; or

6(2) as a certified registered nurse practitioner pursuant to
7the act of May 22, 1951 (P.L.317, No.69), known as "The
8Professional Nursing Law."

9Section 424. Section 4405 of the act, amended October 19,
102010 (P.L.533, No.77), is repealed:

11[Section 4405. Grading for Discharged Servicemen.--When any 
12person who was engaged in the military service of the United 
13States during any military engagement in which the United States 
14participated, and has an honorable discharge therefrom, shall 
15take any examination for appointment, the examination shall be 
16marked or graded in the same manner as provided for all other 
17examinations. When the examination of the discharged individual 
18is completed and graded, if the grade is passing, the grading or 
19percentage as the examination merits shall be increased by 
20fifteen per centum, and the total mark or grade shall represent 
21the final grade or classification of the discharged individual 
22and shall determine the individual's order of standing on the 
23eligibility list. For the purpose of this article:

24(1) "Military service" means the army, navy, marines, air
25force, coast guard, and any branch or unit thereof.

26(2) "Servicemen" means members of the military service,
27including women.

28(3) "Military engagement" includes land, naval and air
29engagements.]

30Section 425. The act is amended by adding a section to read:

1Section 4405.1. Veterans' Preference.--In accordance with 51
2Pa.C.S. Ch. 71 (relating to veterans' preference) the following
3shall apply to the appointment of a uniformed civil service
4position:

5(1) A veteran who meets the qualifications for and
6conditions of the position under uniform eligibility rules,
7which include successful passage of an examination, shall
8receive an additional ten points on the examination pursuant to
951 Pa.C.S. § 7103(a) (relating to additional points in grading
10civil service examinations).

11(2) If, after the additional ten points are granted, a
12veteran is on the list of three eligible applicants, the veteran
13shall receive a preference in hiring over nonveterans on that
14list.

15(3) The preference provided by this section shall constitute
16the only preference with regard to a uniformed civil service
17position to which a veteran is entitled under this act.

18Section 426. Section 4406 of the act, amended or added
19October 19, 2010 (P.L.533, No.77), is amended to read:

20Section 4406. Selection of Appointee from Certified List of
21Applicants.--[The boards] The following shall apply to civil 
22service selection, conditional appointments and appointments and 
23shall be incorporated by reference in the rules and regulations 
24of the board:

25(1) The civil service board shall make and keep, in
26numerical order, a list containing the names of all applicants
27for civil service positions in the city who [may] pass the
28required examinations, including any required physical fitness 
29or agility examinations that are job-related and consistent with 
30business necessity. [Where]

1(2) Physical fitness or agility examinations shall be
2conducted on a pass-fail basis.

3(3) Written and oral examinations used to establish an
4eligibility list shall offer the opportunity to achieve one
5hundred points.

6(4) If both written and oral examination methods are used in
7conjunction with each other, the board, prior to initiating
8testing, shall establish what constitutes a passing score on
9each portion of the examination. If only a written examination
10method is used, the board shall establish the passing score
11before the examination is conducted.

12(5) When more than one person takes examinations for any
13position at the same time, the names of all those successfully
14passing the examination shall be entered upon the eligibility
15list in the order of their respective [percentages] point 
16totals, the highest coming first.

17(6) The board shall furnish to council a certified copy of
18all lists so prepared and kept. [Wherever any vacancy shall
19occur in any civil service position in the city, the city
20council] Such lists shall be maintained for a period of two 
21years or until a new list is certified to council, whichever 
22occurs first and are public records.

23(7) Whenever council shall determine an initial appointment 
24is to be made to a civil service position in the city, the 
25director of the department in which the appointment is to be 
26made shall make written application to the [president of the
27proper] chair of the board, who shall forthwith certify to the
28city council, in writing, the three names on the eligibility
29list of applicants for the position having the highest
30[percentage, but if there be] number of points, unless there are

1less than three eligible names on the list, in which event the
2board shall certify the names. The director of the department in
3which the appointment is to be made shall nominate to the city
4council a person from the eligibility list submitted to fill the
5vacancy.

6(8) If the city council approves the nomination, the person
7nominated shall be conditionally appointed by council to fill 
8the vacancy, and shall be assigned for service in the
9department, subject to any required physical or psychological 
10medical examinations that may be required by the [appropriate 
11examining] board as a condition of permanent appointment in 
12accordance with section 4404.1 [of this act].

13(9)  If the council does not approve the nomination, or if 
14the appointee is determined by the medical examination process 
15to be unqualified, then the director of the department in which
16the appointment is to be made shall submit another nomination
17for the position from the remaining names, if any[, and if]. If
18the nomination is not approved by the council, or if the 
19appointee is determined by the medical examination process to be 
20unqualified, the director shall submit the third name, if any.

21(10) The person whose nomination by the director is approved
22by the city council shall be appointed to fill the [position in
23the department or as building inspector] civil service position 
24under consideration.

25(11) The name of the person so appointed shall be
26immediately stricken from the [eligibility] certified list of
27the board, and, except as otherwise provided in this clause, the
28names of the [rejected] nonappointed persons shall immediately
29be restored to their proper place on the [eligibility list:
30Provided, however, That if] certified list. If the name of any

1applicant has been submitted to the council and been rejected
2three times or the [appointee] council and the conditional 
3applicant has not been appointed for three such times or the 
4conditional applicant has been determined by the medical 
5examination process to be unqualified, then the name shall be
6stricken from the [eligibility] certified list.

7(12) Examinations for promotions for civil service positions 
8in the city shall be pursuant to section 4406.1 [of this act].

9(13) As used in this section, the term "medical examination" 
10shall have the meaning given it in section 4404.1 [of this act].

11Section 427. Section 4406.1 of the act, amended November 9,
122011 (P.L.408, No.99), is amended to read:

13Section 4406.1. Promotions.--(a) The [civil service boards
14may recommend those in the employ of a department for promotion
15if the person recommended is competent for the higher position.
16If an examination is required, the] city council shall notify
17the [applicable] civil service board of a civil service vacancy
18in the city which is to be filled by promotion and shall request
19the certification of an eligibility list as provided in this
20article. The board shall certify for each vacancy the names of
21three persons on the eligibility list who have received the
22highest average in the last preceding promotional examination
23held within the period of two years preceding the date of the
24request for the eligibility list. If three names are not
25available, the board shall certify the names remaining on the
26list. The city council shall make an appointment from the names
27certified, based solely on the merits and fitness of the
28candidates, unless the city council makes objections to the
29board regarding one or more of the persons on the eligibility
30list. The city council shall have power to determine in each

1instance whether an increase in salary shall constitute a
2promotion.

3(b) Notwithstanding subsection (a), the mayor or other
4elected or appointed official of a city that has adopted one of
5the following shall retain the power to promote a candidate
6pursuant to that law:

7(1) An optional charter pursuant to the act of July 15, 1957
8(P.L.901, No.399), known as the "Optional Third Class City
9Charter Law."

10(2) An optional plan pursuant to 53 Pa.C.S. Chs. 30
11(relating to types of optional plans of government) and 31
12(relating to general provisions common to optional plans).

13(3) Any other law authorizing or permitting the mayor or
14other elected or appointed official to promote a candidate.

15(c) The provisions of this section shall not apply to the
16mayor's designation or appointment of the chief of police
17pursuant to section 2002 or the mayor's designation or
18appointment of a fire chief pursuant to section 2101.1.

19Section 428. Section 4407 of the act is amended to read:

20Section 4407. [Tenure; Preference in Appointment to
21Discharged Serviceman; Temporary Appointments.--] Tenure; 
22Temporary Appointments.--(a) All appointments made pursuant to
23the provisions of this article shall be for and during good
24behavior, and no employe hired pursuant to the provisions of 
25this article shall be removed or transferred for any political
26reasons whatever. [Among those persons possessing qualifications
27and eligibility for appointment, preference in appointment shall
28be given to honorably discharged servicemen and their spouses
29and surviving spouses as provided by law.

30All persons holding appointments in said several departments

1or as building inspectors of said cities, at the time this act
2goes into effect, shall retain their positions without being
3required to pass examination, and be removed only in accordance
4with the provisions of this article.]

5(b) In case of riot or emergency, temporary appointments to
6positions in the civil service may be made without complying
7with the provisions of this article.

8Section 429. Section 4408 of the act, amended October 4,
91978 (P.L.950, No.188), is amended to read:

10Section 4408. [Suspension and Discharge] Suspension, 
11Discharge and Discipline; Reduction of Employes; Appeals.--(a)
12All employes subject to civil service shall be subject to
13suspension, discharge and discipline by the director of the
14department in which the employe works for misconduct[,] or
15violation of any law of this Commonwealth, [any] ordinance of
16the city, or regulation of the department.[, pending action by<-
17the city council upon the charges made against any of such
18employes. On hearing before the city council, where they may be
19represented by counsel, they may be fined or suspended for a
20period not exceeding thirty days with or without pay, or they
21may be discharged by city council, if found guilty of the
22charges made against them. The director of each such department
23may, for misconduct or violation as aforesaid, suspend any
24employe of such department for a period of ten days, with or
25without pay, without preferring charges and without a hearing of
26council; but no employe shall be suspended more than one time
27for the identical or same violation or act of misconduct<-.] If it
28should become necessary to reduce the number of employes in said
29department for purposes of economy, seniority rights shall
30prevail, and any and all removals for such cause or causes shall

1be from the members last appointed, and the member or members
2serving the shortest time shall be removed first; but members
3with longer times of service may be discharged for cause<-]. Any 
4employe aggrieved by the suspension, discharge or discipline 
5imposed by a department director more serious than a suspension 
6of three days without pay may request a hearing before the city 
7council, or by the civil service board if designated by 
8ordinance. At the hearing, the employe may be represented by 
9counsel.

10(a.1) Any civil service employe aggrieved by the [action]
11decision of the council [in fining, suspending or discharging
12him shall have the right to appeal by petition to the court of
13common pleas within thirty days after the suspension or after
14receipt of written notice of such action by council which it
15shall be the duty of the council to give and the court shall
16hear the charges made against him de novo] or the civil service 
17board shall have the right to appeal in accordance with 2 
18Pa.C.S. Ch. 7 Subch. B (relating to judicial review of local 
19agency action). This review shall be exclusive. Where no such 
20appeal is taken within the time prescribed by law, the decision 
21by the city council or the civil service board shall become 
22final in accordance with the law. The issue before the court
23shall be whether the action of the council or the civil service 
24board shall be affirmed or be modified in any respect or whether
25the charges should be dismissed or whether the suspension or 
26demotion made by the director shall be affirmed or rescinded.
27Where any [such] employe has been suspended and the charges are
28dismissed or the suspension rescinded on appeal, [he] the 
29employe shall receive full compensation for the entire period of
30suspension.

1(b) In any case in which a police officer or firefighter who
2is a member of a bargaining unit is subject to suspension,
3discharge or discipline, the police officer or firefighter shall
4have the option of challenging the suspension, discharge or
5discipline imposed by using the procedures provided in
6subsection (a) or by a proceeding in grievance arbitration. A
7choice to proceed either by subsection (a) or by grievance
8arbitration shall foreclose the opportunity to proceed in the
9alternative method.

10Section 430. Sections 4409 and 4410 of the act are amended
11to read:

12Section 4409. [Secretaries of Boards; Compensation.--Each of
13said civil service boards may] Secretary; Compensation.--The 
14civil service board shall appoint a secretary and prescribe [his
15duties. He] the secretary's duties, and shall have the power to 
16change these duties. The secretary shall be subject to removal
17at any time by the board [appointing him, and such board shall
18have power to change his duties. The compensation to be paid
19said secretaries and all necessary stationery and supplies for
20said boards shall be such as council shall by ordinance direct].
21Council shall establish the compensation to be paid to the 
22secretary, and all necessary stationery and supplies for the use 
23of the board shall be supplied by the city.

24Section 4410. Review of Eligibility Lists.--The lists of
25eligible names kept by [each] the civil service board shall be
26annually examined by the board for the purpose of deleting
27therefrom persons who are permanently unavailable for or
28disqualified for the position or positions involved, either by
29death, permanent removal from the area, written desire to be
30removed therefrom, or by other permanent cause[,] in conformity

1with the board's rules and regulations adopted pursuant to
2section [four thousand four hundred four] 4404.

3Section 431. The act is amended by adding an article to
4read:

5ARTICLE XLIV-A

6VETERANS' AFFAIRS

7(a) Support of Veterans' Organizations

8Section 4401-A. Appropriation to post of veterans.

9Council may appropriate annually to organizations of veterans
10of the United States armed services or veterans' parents to aid
11in defraying the expenses of Memorial Day and Veterans Day, or
12other expenses such as payment of rent of any building or rooms
13where the organization has its regular meetings. Payments shall
14be made to defray actual expenses only. Before any payment is
15made, the organization receiving the same shall submit verified
16accounts of their expenditures.

17Section 4402-A. Rooms for meetings of veterans.

18Council may provide, upon application, to an organization
19composed of veterans of the United States armed services, a
20facility in any public building of the city, sufficient for the
21periodic meeting of each of the organizations.

22(b) Pennsylvania National Guard

23Section 4411-A. Support of Pennsylvania National Guard units.

24Council may appropriate annually a sum for the support and
25maintenance, discipline and training of any troop, company or
26similar unit of the Pennsylvania National Guard. If the units
27are organized as a battalion, regiment or similar organization,
28the total amount due may be paid to the commanding officer of
29the battalion, regiment or similar organization. Any money
30appropriated shall be paid by warrant drawn to the order of the

1commanding officer of the company, battalion, regiment or
2similar organization, only when it shall be certified to the
3city, by the Adjutant General of the Commonwealth, that the
4company has satisfactorily passed the annual inspection provided
5by law. The money appropriated shall be used and expended solely
6and exclusively for the support and maintenance, discipline and
7training of the company, battalion, regiment or similar
8organization; and the commanding officer shall account, by
9proper vouchers to the city each year, for the expenditure of
10the money appropriated. No appropriation shall be made for any
11subsequent year until the expenditure of the previous year is
12duly and satisfactorily accounted for. The accounts of the
13expenditures shall be subject to the inspection of the
14Department of Military Affairs, and shall be audited by the city
15controller in the manner provided by this act for the audit of
16accounts of city money.

17Section 4412-A. Assistance in erection of armories.

18Council may appropriate money or convey land, either
19independently or in conjunction with any other political
20subdivision, to the Commonwealth, for the purpose of assisting
21the State Armory Board in the erection of armories for the use
22of the Pennsylvania National Guard, and to furnish water, sewer
23services, light or fuel free of cost to the Commonwealth for use
24in any armory of the Pennsylvania National Guard. Council may do
25all things necessary to accomplish the purpose of this section.

26Section 4413-A. Eminent domain for National Guard purposes.

27Council may take, by right of eminent domain, for the purpose
28of appropriating to itself for the use of the Pennsylvania
29National Guard public lands, easements and public property in
30its possession or control and used or held by it for any other

1purpose. Such right, however, shall not be exercised as to any
2street or wharf.

3Section 4414-A. Lands for armory purposes.

4Council may acquire, by purchase or by gift, or by the right
5of eminent domain, any land for the use of the Pennsylvania
6National Guard and may convey lands so acquired to the
7Commonwealth in order to assist the State Armory Board in the
8erection of armories. The power conferred by this section shall
9not be exercised to take any church property, graveyard or
10cemetery. Lands within three miles outside the limits of the
11city may be acquired in like manner for the use of the
12Pennsylvania National Guard provided that if the land is
13acquired by eminent domain that the taking shall be subject to
14the limitations in 26 Pa.C.S. § 206 (relating to
15extraterritorial takings).

16(c) Burials and Memorials

17Section 4421-A. Purchase of burial grounds for deceased service
18persons.

19Council may appropriate money for and purchase plots of
20ground in any cemetery or burial ground, within its respective
21city limits, for the interment of deceased service persons who
22die within the city, or die beyond the city but have a legal
23residence within the city at the time of their deaths, and whose
24bodies are entitled to be buried by the county under the
25provisions of existing laws.

26Section 4422-A. Care of memorials.

27Council may take charge of, care for, maintain and keep in
28good order and repair, at the expense of the city, any soldier's
29monument, gun or carriage or similar memorial, situate in the
30city which is not in the charge or care of any person, body or

1organization and which is not put up or placed by the Government
2of the United States, the Commonwealth or the commissioners of
3the county or by the direction or authority of any other state.
4Council may receive from any person or organization any money or
5funds which can be used for the benefit of the memorials, and
6expend the money.

7Section 4423-A. Memorial trees.

8Council may provide for or authorize provision for memorial
9trees for residents of the city who died while in the military
10service of the United States or in consequence thereof. Council
11may make appropriations or accept contributions for this
12purpose. Such trees shall bear some permanent indication of
13their purpose.

14Section 4424-A. Penalty for injury to memorial trees.

15Any person willfully, maliciously or negligently destroying
16or injuring any trees planted pursuant to the provisions of
17section 4423-A commits a misdemeanor and shall, upon conviction,
18be liable to a fine not exceeding $500, or imprisonment not
19exceeding three months, or both, in the discretion of the court.

20Section 432. Article XLV heading and sections 4501, 4502,
214503, 4504 and 4505 of the act are repealed:

22[ARTICLE XLV

23CHARITIES AND WELFARE

24Section 4501. Creation of Department of Charity.--Council,
25by ordinance, may create a bureau for the purpose of
26administering charity and for support of the poor, create any
27office which may be deemed necessary for the proper government,
28support, and management of said bureau, and regulate and
29prescribe the powers, duties, and compensation of all such
30officers. Such bureau shall have the care, management,

1administration, and supervision of the charities, almshouses,
2poorhouses, and the relief of the poor of the city, subject,
3however, to the control of the council.

4Section 4502. Power to Levy Special Tax.--Council may levy a
5tax annually, not exceeding ten mills on the dollar, on all
6persons and property taxable by the city for city purposes, for
7the support of said bureau.

8Section 4503. Hospitals; Appropriations; Free Treatment for
9Poor.--Any city may acquire, by gift, devise, or bequest, lands,
10chattels, securities and funds for the establishment and
11maintenance of a hospital, for the purposes of caring for the
12sick and injured residents of such city and the vicinity
13thereof, and, for such purposes, to appropriate and expend money
14of the city: Provided, That the poor residents of such city
15shall receive free treatment to the extent that it is possible
16to provide for same with the means available. Such hospital, or
17any ward therein, may be named in accord with the wishes of any
18person making a substantial donation thereto by will or
19otherwise.

20Section 4504. Appointment of Trustees for Gifts; Powers.--
21Such gifts, devises, bequests and appropriated funds shall be
22under the supervision of a board of trustees, to be appointed by
23council, consisting of at least nine trustees, three of whom
24shall be members of council, three of whom shall be licensed and
25practicing physicians in such city and the vicinity thereof, and
26the remainder of which board shall consist of residents of such
27city and vicinity thereof. Said appointments shall at all times
28be made subject to the approval of the orphans' court of the
29county in which said city is situated. Said board of trustees
30shall at all times be subject to the resolutions of council and

1the jurisdiction of said court, which shall have power to remove
2any of them upon petition of such city. Any vacancy in such
3board may be filled by a new appointment in manner aforesaid.
4Said board of trustees shall make reasonable rules for the
5management of such hospital, and appoint and remove the
6physicians, surgeons, nurses, and other employes necessary for
7the conduct thereof.

8Section 4505. Appropriations or Other Assistance for
9Hospitals.--Council may make appropriations for the support or
10assistance of hospitals within or near the city or, in lieu
11thereof, council may provide for services to such hospitals at
12the city's expense and with materials or equipment of the city.]

13Section 433. The act is amended by adding an article to
14read:

15ARTICLE XLV-A

16ASSESSMENTS FOR PUBLIC IMPROVEMENTS

17Section 4501-A. Authority to assess.

18(a) Authority.--In cases in which one or more properties are
19benefited from a public improvement, unless otherwise provided
20for in this act, a city shall be authorized to assess, as
21provided in this article, all or any portion of the costs of the
22public improvement, including any related administrative fees,
23against those properties that are benefited by the public
24improvement.

25(b) Payment of costs.--Unless otherwise provided in this
26act, in addition to the authority to assess the cost of public
27improvements against properties benefited, a city shall have the
28power to pay for the cost of public improvements, in whole or in
29part, from general city funds or, if authorized, from a special
30city fund dedicated to that purpose.

1(c) Indebtedness.--If a city incurs indebtedness pursuant to
253 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and
3borrowing) for the purposes of funding the cost and expense of
4making public improvements for which assessments can be made in
5accordance with this article, and assessments are made, payments
6made on the assessments must be applied to pay the debt service
7for the indebtedness incurred for funding the cost and expense
8of making the public improvements.

9(d) Definition.--As used in this article, unless the context
10clearly indicates otherwise, the term "public improvement" may
11include, but shall not be limited to, the building, paving,
12grading, rebuilding, repaving and regrading of streets,
13sidewalks, curbs and gutters; the creation, extension and
14renovation of water and sewerage collection, transmission,
15treatment and disposal systems; the creation, extension and
16renovation of storm, surface and subsurface drainage systems;
17the construction, reconstruction and repair of wharves and
18docks; the installation of pipes, wires and conduits relating to
19city-supplied utility services; the installation, maintenance or
20operation of ornamental street lighting; or the planting,
21maintaining, trimming, transplanting, removal and protection of
22shade trees.

23Section 4502-A. Method of assessment.

24(a) Ordinance.--In any case in which council elects to
25exercise the power to make assessments for a given public
26improvement as authorized in section 4501-A, it shall, by
27ordinance and in conformity with this article, establish the
28method and procedure pursuant to which assessments shall be
29made.

30(b) Allocation of costs and expenses.--Council may, by

1ordinance, determine to make the assessment by any means that
2results in fairly allocating all or a portion of the costs and
3expenses of the public improvement among all properties
4benefited thereby in reasonable proportion to the benefits
5conferred upon each property. The methods that may be used to
6make assessments in accordance with this subsection may include,
7but shall not be limited to, an equal assessment per front foot,
8lot, parcel, dwelling unit or square foot or by an assessment
9made by viewers.

10(c) Front foot method.--If the front foot method is used:

11(1) The cost to be collected shall be divided by the
12total number of linear feet of street frontage of all
13properties benefited.

14(2) The assessment against each property shall be that
15portion of the cost which is determined by multiplying the
16dividend under paragraph (1) by the number of linear feet for
17street frontage of that property.

18(3) Council shall have the power and its duty shall be,
19in the case of corner or irregularly shaped lots or where
20special conditions exist, to provide for an equitable
21adjustment, as necessary, to prevent an unjust or excessive
22assessment.

23(d) Assessment based on report of viewers.--In order to pay
24for all or a portion of the cost or expenses of a public
25improvement, council may determine to assess properties
26benefited based upon a report of viewers. Three disinterested
27persons shall be appointed by council as viewers. A majority of
28the viewers shall assess the cost against each property
29benefited in reasonable proportion to the benefits conferred
30upon each property. The viewers, or a majority of them, shall

1make a report in writing which shall specify the amount assessed
2upon each property and shall present the report directly to
3council or file it with the city clerk, as council directs.

4Section 4503-A. Notice of assessment.

5(a) Personal notice.--After the amounts to be assessed
6against the properties to be benefited by the public improvement
7have been calculated pursuant to the method and procedures as
8prescribed by ordinance, the city shall give personal notice of
9the assessment to the owner of each property that is being
10assessed. The notice shall also state that the owner has 30 days
11from receipt of the notice to appeal the assessment.

12(b) Assessment effective.--An assessment made pursuant to
13this article shall become effective 30 days after personal
14notice is given by any of the following means:

15(1) Personal service on the owner.

16(2) Certified mail, addressee only, return receipt
17requested, to the owner at the owner's last known address.

18(3) Posting notice at or upon the property, after
19reasonable attempts to give personal notice pursuant to
20paragraphs (1) and (2) have failed.

21Section 4504-A. Appeals to court.

22Within 30 days after receipt of the notice of assessment, an
23owner of property shall have the right to appeal the assessment
24to the court of common pleas in the county in which the assessed
25property is located. On appeal, unless the court finds fraud,
26mistake or illegality, the court shall be restricted to
27determining the questions of whether the property assessed
28received any special benefits from the improvement and whether
29the assessment made exceeds the special benefits received.

30Section 4505-A. Benefits and damages.

1In any proceeding in which damages to property are being
2sought as a result of a public improvement for which an
3assessment of benefits has been made, the excess of damages over
4benefits, or the excess of benefits over damages, or nothing in
5case the benefits and damages are equal, shall be awarded to or
6assessed against the owner of land and property affected by the
7public improvement.

8Section 4506-A. Return by city of assessments paid on property
9unlawfully assessed.

10The following shall apply with regard to the return of
11payments made on an unlawful assessment:

12(1) If, after a timely appeal, a court makes a final
13determination that a property was unlawfully assessed or that
14the amount assessed exceeded, to a substantial amount, the
15benefits received by the property assessed from the public
16improvement, a city that received money in payment of the
17assessment shall repay the money in an amount as ordered by
18the court.

19(2) Within two years of receiving payment of an
20assessment, the city may repay such money voluntarily if the
21city determines that the assessment or part thereof was made
22erroneously.

23(3) Repayments to property owners pursuant to paragraph
24(1) or (2) shall include interest from the date of payment of
25the unlawful or erroneous assessment at the rate of interest
26that is provided for in 53 Pa.C.S. § 8426 (relating to
27interest on overpayment).

28Section 4507-A. Payment of assessments in installments.

29(a) Authorization.--An ordinance providing for a public
30improvement the expense of which is to be defrayed by an

1assessment against properties benefited by the public
2improvement may authorize the payment of the assessments in
3installments. The ordinance shall set a time when the
4installment payments shall commence and shall specify the length
5of time over which the installments may be extended and whether
6payments are to be made by equal annual or more frequent
7installments. The period during which installments may be paid
8shall not exceed the lesser of ten years or the number of years
9equal to the period of maturity of the bonds issued to fund the
10public improvement.

11(b) Interest rate.--The ordinance shall set forth the rate
12of interest for the installments, which shall not be more than
1310% per year unless a bond is issued for the improvement, in
14which case the maximum interest rate on the installment payments
15shall be pursuant to section 9 of the Municipal Claim and Tax
16Lien Law.

17(c) Written agreement.--The city shall enter into a written
18installment agreement with each property owner that will pay the
19assessment in installments, subject to the requirements of the
20ordinance pertaining to such agreements and this article.

21(d) Installments not paid.--If any of the installments shall
22remain unpaid for 60 days after the same has become due and
23payable, the entire unpaid assessment plus unpaid accrued
24interest and any costs shall be due and payable and the city may
25proceed to collect them by filing a lien in the same manner as
26municipal claims are filed or by action in assumpsit.

27(e) Advance payments.--Any property owner upon whom an
28assessment has been made may pay all or as many of the
29installments before they are due, with interest and costs to the
30due date of the next installment.

1Section 4508-A. Collection of assessments.

2(a) Authority.--Council shall have the power to authorize
3the city treasurer or other city official to collect
4assessments.

5(b) Procedure.--The following shall apply to the collection
6of assessments:

7(1) A city may collect an assessment that remains unpaid
8for 60 days after personal notice was given pursuant to
9section 4503-A, unless an installment agreement has been
10entered into pursuant to section 4507-A.

11(2) An assessment made pursuant to this article may be
12collected in the same manner as municipal claims in the
13Municipal Claim and Tax Lien Law or by an action of assumpsit
14against the owner of the property benefited.

15(3) Interest on an unpaid assessment shall begin to
16accrue from the time of completion of the improvement at a
17rate of 10% per year unless a bond is issued for the
18improvement, in which case the maximum interest rate shall be
19pursuant to section 9 of the Municipal Claim and Tax Lien
20Law.

21(4) If a property owner has two or more lots against
22which there is an assessment for the same improvement, all of
23the lots may be embraced in one claim.

24(5) Assessments, whether paid one time or by
25installments, shall be payable at the office of the city
26treasurer or any other place designated by ordinance.

27Section 434. Article XLVI heading of the act is reenacted to
28read:

29ARTICLE XLVI

30COLLECTION OF MUNICIPAL CLAIMS BY SUIT AND

1COMPROMISE OF CLAIMS

2Section 435. Section 4601 of the act, amended July 25, 1963
3(P.L.283, No.153), is amended to read:

4Section 4601. Collection of Municipal Claims by Suit.--In
5addition to the remedies provided by this act or any other law
6for the filing of liens for the collection of municipal claims,
7including, but not limited to, water rates, sewer rates and the 
8removal of nuisances, all cities may proceed for the recovery
9and collection of municipal claims by action of assumpsit
10against the person or persons who were the owner or owners of
11the property at the time of the completion of the improvement, 
12or at the time the water or sewer rates or the cost of the 
13removal of nuisances first became payable, notwithstanding the
14fact that there was a failure on the part of [any such] the
15city, or its agents, to enter [any such] the municipal claim as
16a lien against the property assessed for the improvement or for 
17the furnishing of water or sewer services or for the removal of 
18nuisances, and for the recovery of which the action of assumpsit
19was brought. [Any such] The action in assumpsit shall be
20commenced either within six years after the completion of the
21improvement from which [said] the claim arises or within six 
22years after the water or sewer rates or the cost of abating a 
23nuisance first became payable.

24This section shall extend to all municipal claims [where the
25improvement was] for improvements heretofore made, where the
26action of assumpsit has been instituted under the provisions of
27prior acts of Assembly, and where the claim was not barred by
28the statute of limitations affecting actions of assumpsit.

29Section 436. Section 4602 of the act is amended to read:

30Section 4602. Compromise of Municipal Claims[; Court

1Approval.--Whenever].--(a) If any city has any municipal claim
2entered in the office of the prothonotary as a lien against real
3estate, [which said] and if the claim has existed for ten years
4or more, council may[, with the approval of the court of common
5pleas,] agree with the owner of [such] the real estate to
6accept, in compromise or reduction of the amount of the claim
7and the interest charges, expenses and fees added thereto and
8due thereon, any sum less than the whole of such amount so due.

9(b) Upon receipt of the compromise amount as agreed upon,
10the city shall cause the lien to be properly satisfied on the
11record, which satisfaction shall be as effective as if the whole
12amount of the claim, interest, charges, expenses and fees had
13been paid, and the claim shall no longer be a lien against the
14real estate or a claim against the owner thereof.

15(c) The provisions of this section permitting compromise of
16municipal claims shall not apply to or in any manner affect any
17claims, the assessments for which are the sole basis of
18improvement bonds issued by any political subdivision and which
19are the security for the payment thereof, or any claims, the
20assessments for which have heretofore been assigned by any
21political subdivision to any contractor in payment of the amount
22due the contractor under terms of the contract for the
23improvement for which the assessment was levied.

24Section 437. Sections 4603 and 4604 of the act are repealed:

25[Section 4603. Satisfaction.--Upon receipt of the compromise
26amount so agreed upon and approved, the city shall cause the
27lien to be properly satisfied on the record, which satisfaction
28shall be as effective as if the whole amount of the claim,
29interest, charges, expenses and fees had been paid, and such
30claim shall no longer be a lien against the real estate or a

1claim against the said owner thereof.

2Section 4604. Certain Claims Excluded.--The provisions of
3sections four thousand six hundred two and four thousand six
4hundred three shall not apply to or in any manner affect any
5claims, the assessments for which are the sole basis of
6improvement bonds issued by any political subdivision and which
7are the security for the payment thereof, or any claims, the
8assessments for which have heretofore been assigned by any
9political subdivision to any contractor in payment of the amount
10due him under terms of the contract for the improvement for
11which the assessment was levied.]

12Section 438. Article XLVII heading of the act is reenacted
13to read:

14ARTICLE XLVII

15ACTS OF ASSEMBLY REPEALED; SAVING CLAUSE

16Section 439. Section 4701 of the act is amended to read:

17Section 4701. Repeals and Saving Clause.--(a) Nothing 
18contained in this act revives any act, or part of any act, 
19repealed by the act reenacted, amended or revised by this act.

20(b) The following acts and parts of acts of Assembly are
21hereby repealed as particularly set forth:

22The act, approved the twenty-fifth day of March, one thousand
23eight hundred seventy-eight (Pamphlet Laws 8), entitled "An act
24authorizing cities of the third class to levy and collect taxes
25for park purposes, and curing any defects in previous levies,"
26absolutely.

27The act, approved the thirty-first day of May, one thousand
28nine hundred nineteen (Pamphlet Laws 358, Number 172), "An act
29to amend section three, article five of the act, approved the
30twenty-seventh day of June, one thousand nine hundred thirteen

1(Pamphlet Laws 568), entitled 'An act providing for the
2incorporation, regulation, and government of cities of the third
3class; regulating nomination and election of municipal officers
4therein; and repealing, consolidating, and extending existing
5laws in relation thereto,' by adding thereto clause forty-nine
6relative to the collection and disposal of garbage, ashes, and
7other waste and refuse matter," absolutely.

8The act, approved the fourth day of June, one thousand nine
9hundred nineteen (Pamphlet Laws 373), entitled "An act to amend
10section three, article five of the act, approved the twenty-
11seventh day of June, one thousand nine hundred thirteen
12(Pamphlet Laws, five hundred and sixty-eight), entitled 'An act
13providing for the incorporation, regulation, and government of
14cities of the third class; regulating nomination and election of
15municipal officers therein; and repealing, consolidating, and
16extending existing laws in relation thereto,' by adding thereto
17clause forty-nine, relative to appropriations for municipal
18music," absolutely.

19The act, approved the tenth day of March, one thousand nine
20hundred twenty-one (Pamphlet Laws 29, Number 10), entitled "An
21act for the relief of certain county treasurers and county tax
22collectors, in the settlement of county, poor, and State taxes,
23in cities of the third class," absolutely.

24The act, approved the twenty-second day of April, one
25thousand nine hundred twenty-seven (Pamphlet Laws 358), entitled
26"An act authorizing and empowering cities of the third class to
27recognize the moral obligation of the city to pay just claims
28against the city, although under existing laws no legal recovery
29could be had against the city," absolutely.

30Section seven hundred twenty-three of the act, approved the

1first day of May, one thousand nine hundred twenty-nine
2(Pamphlet Laws 905), entitled "An act for the protection of the
3public safety; regulating the use of highways, and the operation
4of vehicles, tractors, street cars, trackless trolley omnibuses,
5bicycles, pedestrians, and the riding of animals upon the
6highways of this Commonwealth; providing for the titling,
7including liens, encumbrances, and legal claims; registration of
8certain vehicles and licensing the operators thereof, upon
9payment of prescribed fees; prescribing and limiting the powers
10of local authorities to deal with the subject matter of this
11act; conferring powers and imposing duties upon the Department
12of Revenue, the Department of Highways, peace officers, mayors,
13burgesses, magistrates, aldermen, justices of the peace, the
14courts and the clerks thereof, owners of vehicles, and garage
15keepers; providing that records are admissible as evidence;
16imposing upon owners, counties, cities, boroughs, incorporated
17towns, townships, within the Commonwealth, liability for damages
18caused by the negligent operation of their motor vehicles;
19imposing penalties; imposing certain costs upon counties;
20providing for the disposition of fines, forfeitures, fees, and
21miscellaneous receipts; making an appropriation and providing
22for refunds," in so far as inconsistent with the provisions of
23this act.

24The act, approved the seventeenth day of May, one thousand
25nine hundred twenty-nine (Pamphlet Laws 1801), entitled "An act
26authorizing cities of the third class to provide, by ordinance,
27for the payment for public work or improvements heretofore made
28for or furnished to the city, and accepted and used by the city,
29where no legal or valid contract was entered into as required by
30law," absolutely.

1The act, approved the twenty-second day of May, one thousand
2nine hundred thirty-three (Pamphlet Laws 923), entitled "An act
3to authorize cities of the third class to sue out writs of scire
4facias on certain municipal claims, where more than five years
5have elapsed since said claims were filed, and to reduce such
6claims to judgment; and providing for the revival and collection
7of such judgments," absolutely.

8The act, approved the thirty-first day of May, one thousand
9nine hundred thirty-three (Pamphlet Laws 1108, Number 272),
10entitled "An act providing for the appointment, promotion,
11reduction, removal and reinstatement of paid officers, firemen
12and employes of fire departments and of fire alarm operators and
13fire box inspectors in the bureaus of electricity in cities of
14the third class; defining the powers and duties of civil service
15commissions for such purposes; and fixing penalties,"
16absolutely.

17The act, approved the sixteenth day of May, one thousand nine
18hundred thirty-five (Pamphlet Laws 176, Number 82), entitled "An
19act requiring cities of the second and third class to allow
20members of the police departments, twenty-four consecutive hours
21of rest each week, and fourteen days vacation each year, except
22in emergency cases," so far as it relates to cities of the third
23class.

24The act, approved the first day of May, one thousand nine
25hundred thirty-nine (Pamphlet Laws 40), entitled "An act to
26amend the title and the act, approved the sixteenth day of May,
27one thousand nine hundred thirty-five (Pamphlet Laws, one
28hundred seventy-six), entitled 'An act requiring cities of the
29second and third class to allow members of the police
30departments, twenty-four consecutive hours of rest each week,

1and fourteen days vacation each year, except in emergency
2cases,' extending the provisions of said act to cities of the
3second class A," so far as it relates to cities of the third
4class.

5Sections six hundred eighty-two and six hundred ninety of the
6act, approved the twenty-fourth day of June, one thousand nine
7hundred thirty-nine (Pamphlet Laws 872), entitled "An act to
8consolidate, amend and revise the penal laws of the
9Commonwealth," so far as they relate to cities of the third
10class and are inconsistent with the provisions of this act.

11The act, approved the twenty-third day of May, one thousand
12nine hundred forty-five (Pamphlet Laws 907), entitled "An act
13authorizing cities of the third class, with the approval of the
14court of common pleas, to accept less than the full amount of
15certain municipal claims filed as a lien against real estate in
16compromise settlements thereof," absolutely.

17The act, approved the second day of May, one thousand nine
18hundred forty-seven (Pamphlet Laws 149), entitled "An act
19authorizing cities to enact ordinances prohibiting smoking or
20the carrying of lighted cigarettes, cigars, pipes or matches or
21using matches or other fire producing devices in certain retail
22stores within such cities and to provide penalties therefor," so
23far as it relates to cities of the third class.

24(c) All other acts or parts of acts of Assembly supplied by
25or inconsistent with the provisions of this act are hereby
26repealed. It is the intention that this act shall furnish a
27complete and exclusive system for the government and regulation
28of cities of the third class, except as to the several matters
29enumerated in section [one hundred and three of this act] 103.

30[But nothing] (d) Nothing contained in this act shall be

1construed to repeal any local or special laws; or to repeal the
2provisions of 66 Pa.C.S. Pt. I, known as the Public Utility
3[Law] Code; or any law relating to the Board of Commissioners of
4Navigation for the River Delaware and its navigable tributaries;
5or the provisions of any law, the enforcement of which is vested
6in the Department of Health or the [Sanitary Water Board]
7Department of Environmental Protection; or the provisions of any
8law, the enforcement of which is vested in the Department of
9[Forests and Waters] Conservation and Natural Resources [or the
10Water and Power Resources Board]; or the provisions of 74
11Pa.C.S. Ch. 59, Subch. B, known as the Airport Zoning Act; [or
12any of the provisions of the act, approved the thirty-first day
13of May, one thousand nine hundred thirty-three (Pamphlet Laws
141108); or any of the provisions of the act, approved the
15thirteenth day of May, one thousand nine hundred thirty-seven
16(Pamphlet Laws 620); or any of the provisions of the act,
17approved the second day of July, one thousand nine hundred
18thirty-seven (Pamphlet Laws 2803),]; or any of the provisions of
19the act, approved [the twenty-third day of May, one thousand
20nine hundred forty-five (Pamphlet Laws 903)] May 23, 1945
21(P.L.903, No.362); or any amendments or supplements of them; or
22any laws or parts of laws pertaining to civil defense.

23(e) Nothing in this act shall be construed to repeal any
24provision in or the act of February 14, 2008 (P.L.6, No.3),
25known as the "Right-to-Know Law," any provision of 45 Pa.C.S.
26(relating to legal notices) or any provision of 65 Pa.C.S.
27(relating to public officers).

28Section 440. Termination and continuation of civil service
29boards. Civil service boards shall be terminated and continued
30as follows:

1(1) All civil service boards created prior to the
2effective date of this section, and pursuant to the act,
3whether for uniformed or nonuniformed employees, or pursuant
4to the act of May 31, 1933 (P.L.1108, No.272) entitled "An
5act validating sheriff's sales of real estate on judgments of
6foreclosure in scire facias sur mortgage cases when the
7release of the mortgagor from liability was not filed with
8the praecipe," shall be abolished except as provided in
9paragraph (2).

10(2) No civil service board before which proceedings
11under section 4408 of the act or under section 10 of the act
12of May 31, 1933 (P.L.1108, No.272), have been initiated or
13are pending as of the effective date of this section may be
14abolished until the conclusion of those proceedings before
15the respective board.

16(3) Any civil service proceedings initiated after the
17effective date of this section shall be before the new civil
18service board created in accordance with Article XLIV of the
19act.

<-20Section 441. Base amount adjustment.

21The term "base amount" as used in sections 1901.1, 1901.2,
221901.4, 1902 and 1909 of the act refers to the base amount as
23adjusted by the Department of Labor and Industry and reported in
2442 Pa.B. 7616 for use in 2013.

25Section <-441 442. This act shall take effect in 60 days.