PRIOR PRINTER'S NOS. 466, 1293
PRINTER'S NO. 1703
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY EICHELBERGER, ERICKSON, BLAKE, ROBBINS, WOZNIAK, YAW, SCHWANK, FOLMER, FERLO, MENSCH, BREWSTER, YUDICHAK, COSTA, SOLOBAY AND PILEGGI, FEBRUARY 13, 2013
AS REPORTED FROM COMMITTEE ON URBAN AFFAIRS, HOUSE OF REPRESENTATIVES, AS AMENDED, JANUARY 15, 2014
5TABLE OF CONTENTS
8Section 101. Short Title.
9Section 102. Definitions.
10Section 103. Excluded Provisions.
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.
2PROCEDURES FOR INCORPORATION
3Section 200. Definitions.
4Section 201. Creation of Cities.
5Section 203.1. Incorporating Resolution.
8Section 204.1. Notice of Election.
9Section 205. Returns of Election.
10Section 206. Effect of Vote Against Incorporating as City.
11Section 207. Governor to Issue Letters Patent; Boundaries.
12Section 208. Property of Entities Vested in City.
18CHANGE OF CORPORATE TITLE
19Section 301. Resolution and Petition to Change Corporate Title.
20Section 302. Hearing; Decree.
21Section 303. Recording Decree.
22Section 304. Existing Rights and Liabilities Preserved.
24CREATION AND DIVISION OF WARDS
27Section 401.1. Petition of Registered Voters.
28Section 402. (Reserved).
29Section 403. Appointment of Commission.
30Section 403.1. Expenses of Commissioners.
1Section 403.2. Report.
2Section 404. Election.
3Section 405. Notice of Election; Review of Report.
4Section 406. Election Laws to Apply.
5Section 407. Computing Vote; Return; Resubmission of Question.
6Section 408. Change of Ward Lines by Council.
7Section 409. Pennsylvania Election Code.
10Section 601. Navigable Stream Boundaries.
11Section 602. Court to Establish Disputed Boundaries.
12Section 603. Petition to Court; Commissioners; Report.
13Section 604. Exceptions and Procedure.
14Section 605. Pay and Expenses of Commissioners.
15Section 606. Boundary Monuments.
17ELECTED OFFICERS AND ELECTIONS
20Section 702. First Elections in Newly Created Cities.
21Section 703. Nominations and Elections.
22Section 704. Certificates of Election.
24VACANCIES IN OFFICE
25Section 801. Vacancies in Council and Office of Mayor.
26Section 802. Vacancy in Office of Controller or of Treasurer.
28GENERAL PROVISIONS RELATING TO CITY
29OFFICERS AND EMPLOYES
30Section 901. Appointment and Removal of Officers and Employes;
9Section 905. Oath of Office; Violation of Oath; Penalty.
10Section 906. Bond to be Given by Officers and Agents.
11Section 907. Surety Bonds; Insurance; Premiums.
18Section 917. Powers of Subpoena; Compelling Testimony.
23(a) General Provisions
24Section 1001. Qualifications of Council Members.
25Section 1002. Vesting of Legislative Power.
26Section 1003. Organization of Council.
27Section 1004. Oath of Council Members; Quorum; Rules.
30Section 1015. Attendance of Witnesses and Production of Books
1Before Council or Committee of Council.
2Section 1016. Salaries.
3Section 1016.1. Appointment of City Clerk.
5Section 1018.1. Ordinances and resolutions.
10Section 1018.4. Signing and attesting ordinances.
11Section 1018.5. Proposed ordinances; titles.
14Section 1018.7. Payments not authorized by law.
15Section 1018.8. Time of taking effect of ordinances.
16Section 1018.9. Publication of proposed ordinances.
17Section 1018.10. Filing of proposed ordinances.
20Section 1018.12. Proof and evidence.
21Section 1018.13. Standard or nationally recognized codes.
22Section 1018.14. Maps, plans or drawings.
23Section 1018.15. Codification of ordinances.
26Section 1018.17. Penalty.
27(b) Initiating Ordinances by Electors
30Section 1031. Petition; Notice.
1Section 1032. Signing; Oath.
4Section 1034. Submission to Council.
5Section 1035. Actions by Council; Notices.
6Section 1036. Form of Ballot on Submission to Vote.
7Section 1037. Effect of Majority Vote.
8Section 1038. No Repeal Within Two Years.
11Section 1040. Submission for Repeal by Council.
14(c) Reconsidering Ordinances by Electors
15Section 1050. Time Ordinances Go Into Effect.
16Section 1051. Petition; Reconsideration of Ordinance.
17Section 1052. Preparation of Petition by City Clerk; Notice.
18Section 1053. Additional Petitions.
19Section 1054. Signatures; Oath; Time of Signing.
20Section 1055. Presentation of Petition to Council.
21Section 1056. Ascertainment of Number of Signers; Report.
22Section 1059. Effect of Petition; Submission to Voters.
25Section 1061. Form of Ballot or Ballot Label.
26Section 1062. Computing and Filing Returns.
27Section 1063. Effect of the Vote.
28Section 1064. Publication of Ordinance Before Election.
30THE EXECUTIVE DEPARTMENT
1Section 1101. Executive Departments.
4Section 1103. Designation of Department Directors; Changes.
7Section 1105. Quarterly Reports from Directors of Departments.
10Section 1201. Qualifications.
11Section 1202. Chief Executive; Inauguration.
14Section 1204. Official Seal of Mayor.
15Section 1205. Supervision of Conduct of City Officers.
20Section 1208. Salary.
21Section 1209. Acting Mayor; Powers and Duties.
23CITY ADMINISTRATOR OR MANAGER
24Section 1201-A. Office of city administrator or manager.
25Section 1202-A. Appointment; selection; removal.
26Section 1203-A. Employment agreement.
27Section 1204-A. Residency and elective city office.
28Section 1205-A. Powers and duties.
30THE CITY TREASURER
1Section 1401. Qualifications.
2Section 1402. Bond; Insurance; Salary.
3Section 1402.1. City Treasurer to be Tax Collector.
4Section 1402.2. Date of Delivery of Duplicate; Collection.
9Section 1404. Method of Keeping Accounts.
10Section 1405. Moneys Appropriated Only to be Paid Out.
18THE CITY ENGINEER
19Section 1501. Appointment of City Engineer.
20Section 1502. Control of Engineering Matters.
21Section 1503. Duties.
24Section 1505. Surveys; Entering Upon the Lands of Others.
26THE CITY SOLICITOR
27Section 1601. Appointment of City Solicitor.
28Section 1602. Direction of Legal Matters.
29Section 1603. Duties.
30Section 1604. Written Opinions to be Furnished.
1Section 1607. Satisfaction of Liens Due City.
2Section 1609. Assistant Solicitor.
3Section 1610. Special Counsel.
5THE CITY CONTROLLER
6AND INDEPENDENT AUDITOR
7(a) City Controller
8Section 1701. Qualifications; Bond; Compensation.
9Section 1704. Powers and Duties.
10Section 1704.1. Deputy Controller; Employes.
11Section 1704.2. Temporary Deputy Controller.
12Section 1704.3. Continuation of Office.
13(b) Independent Auditor
14Section 1704.11. Appointment of Independent Auditor.
15Section 1704.12. Powers and Duties of Independent Auditor.
19ACCOUNTS AND FINANCES
20Section 1801. Fiscal Year.
21Section 1802. Chief Fiscal Officer; Bond; Administering Oaths.
22Section 1803. Deputy.
23Section 1804. Regulations Concerning Appropriation.
24Section 1804.1. Investment of City Funds.
29Section 1807. Supervision of Accounts of Departments.
30Section 1808. Suggestions for Improvement of City Finances.
3Section 1810. Amending Budget; Notice.
4Section 1811. Appropriations; Tax Rate; Limitations.
5Section 1811.2. Borrowing in Anticipation of Current Revenue.
9Section 1813. Committee to Prepare Uniform Forms.
10Section 1814. Annual Reports to Council on Insurance and Bonds.
13Section 1901. Power to Make and Regulate Awarding of Contracts.
18Section 1901.3. Determining Amount of Contract.
21Section 1901.5. Receipt, Opening, Award or Rejection of Bids.
22Section 1901.6. Bid, Performance and Payment Security.
23Section 1901.7. Compliance With Other Laws.
24Section 1901.8. Prohibitions.
25Section 1901.9. Lowest Responsible Bidder.
26Section 1902. Evasion of Advertising Requirements.
1Services for More than One Year.
14Section 1917. Sales of Real and Personal Property.
21Section 2002. Designation of Chief.
22Section 2003. Extra Police Officers; Compensation.
23Section 2005. Powers of Police Officers to Arrest.
24Section 2006. Service of Process; Fees; Payment into Treasury.
25Section 2007. Supervision by Mayor.
30Section 2010. School Crossing Guards.
5Section 2101.1. Appointment and Demotion of Fire Chief.
6Section 2102. Paid Bureau; Election of Officers and Companies.
7Section 2103. Platoon System; Hours of Service.
8Section 2104. Fire Marshal; Powers.
9Section 2105. Obstructing Fire Marshal; Fine.
10Section 2106. Investigation of Cause of Fire; Power of Mayor.
11Section 2107. Fire Chief Ex-officio Fire Marshal.
14Section 2109. Salary of Nonunion City Fire Officers.
16SURVEYS AND SURFACE SUPPORT
17IN COAL MINING AREAS
18Section 2203. Survey of Mines.
19Section 2204. Operators to Furnish Maps; Contents.
20Section 2205. Extensions to be Placed on Maps.
21Section 2206. Certain Surface Supports Not to be Removed.
22Section 2207. Penalty for Surface Support Violations.
23Section 2209. Enactment of Ordinances.
26(a) Board of Health
27Section 2301. Board of Health.
28Section 2302. Members of Appointed Boards of Health.
29Section 2303. Oath of Office; Organization; Secretary.
30Section 2304. Duties of Secretary.
1Section 2305. Health Officer; Qualifications; Oath.
2Section 2306. Duties of Health Officer.
3Section 2307. Duties of Board of Health.
4Section 2308. Powers of Board of Health.
5Section 2309. Effect of Rules and Regulations.
6Section 2310. Fees and Penalties.
7Section 2311. Proceedings of Board to be Public.
8(b) Public Nuisances Detrimental
9to Public Health
10Section 2320. Determination of Public Nuisances.
13(c) Corporations Acting as Boards of Health
16Section 2332. Power of Board.
17Section 2333. Health Officer.
18Section 2334. Secretary.
19Section 2335. Filling of Vacancies.
20Section 2337. No Compensation for Members.
21Section 2338. Applicability of Subdivision.
23Section 2340. Penalty.
26Section 2402. Powers of Cities.
27Section 2402.1. City Property and Affairs.
28Section 2403. Payment of Debts and Expenses.
29Section 2404. Creation of Capital and Operating Reserve Funds.
30Section 2405. Hiring of Employes; Salaries.
1Section 2406. Creation of Necessary Offices or Boards.
2Section 2407. Lockups.
3Section 2408. Market Places.
6Section 2410. Regulation of Pets and Feral Animals.
9Section 2412. Fireworks and Flammable Articles.
12Section 2414. Nuisances.
13Section 2415. Regulation of Encroachments.
14Section 2416. Shade Trees.
15Section 2417. Numbering of Buildings.
16Section 2418. Transportation Stands.
17Section 2419. Police Force.
18Section 2420. Police Regulations.
19Section 2421. Rewards.
20Section 2422. Prevent Riots.
21Section 2423. Regulate Discharge of Guns and Deadly Weapons.
22Section 2424. Racing; Dangerous Practices; Et Cetera.
25Section 2426. Musical Entertainment.
26Section 2427. Aid to Historical Societies.
29Section 2429. Ambulances and Rescue and Life Saving Services.
30Section 2430. Insurance.
1Section 2431. Parking Lots.
2Section 2432. Disorderly Conduct.
3Section 2433. Official Expenses on City Business.
6Section 2435. Local Self-Government.
7Section 2436. Historical Property.
10Section 2438. Junk Dealers and Junk Yards.
11Section 2439. Appropriations for Industrial Promotions.
12Section 2440. Non-debt Revenue Bonds.
15Section 2442. Appropriation for Nonprofit Art Corporation.
16Section 2443. Ratification and Validation of Real Estate Sales.
17Section 2444. Maintenance and Validation of Certain Records.
18Section 2445. Rights Within Streets and Rights-of-Way.
19Section 2446. Emergency Services.
20Section 2447. Charitable Purposes.
23(a) Assessments of Property for Taxation
24Section 2522. Assessment Powers.
25(b) Levy and Collections
26Section 2531. Tax Levies.
27Section 2531.1. Exemptions from Taxation.
28Section 2531.2. Certification of Schedule.
29(c) Sales of Real Estate for Delinquent Taxes
30Section 2542.1. Public Sale of Property to Satisfy Tax Claims.
1Section 2543. Certification of Schedules to Treasurer.
2Section 2546. Record of Sales and Resale.
3Section 2562.1. Conduct of Tax Sales.
5LICENSES AND LICENSE FEES
6Section 2601. Licensing and Regulatory Powers.
7Section 2601.1. Registration of Businesses or Occupations.
8Section 2602. Regulation of Motor Vehicles.
9Section 2603. Licensing of Plumbers.
12Section 2605. Regulation of Special Events.
15Section 2651. Farmers.
16Section 2652. Insurance Business.
17Section 2653. Persons Taking Orders by Samples.
18Section 2654. Commonwealth License Saved.
20REAL ESTATE REGISTRY
21Section 2704. Real Estate Registry.
24Section 2701-A. Definitions.
25Section 2702-A. Report and investigation of public nuisance.
26Section 2703-A. Summary abatement.
27Section 2704-A. Prior notice of abatement.
28Section 2705-A. Abatement by owner.
29Section 2706-A. Appeal after notice; hearing.
30Section 2707-A. Abatement by city after notice; statement of
2Section 2708-A. Assistance in abatement.
3Section 2709-A. Salvage of material.
4Section 2710-A. Notice of assessment; appeal of charges.
5Section 2711-A. Personal liability of owner.
6Section 2712-A. Administrative fee and civil penalties.
9Section 2801. Exercise of Eminent Domain.
10Section 2802. Restrictions as to Certain Property.
11Section 2803. Title Acquired.
12Section 2824. Assessment Awards.
15Section 2901. Map of Streets.
16Section 2902. Laying Out Streets.
17Section 2903. Effect of Laying Out of Street.
18Section 2904. Improvements Within Laid-Out Streets.
19Section 2915. Power to Open, Etc.
20Section 2916. Ordinances When No Petition is Presented.
21Section 2917. Erection of Improvements Restricted.
22Section 2918. Petition for Opening, Etc.
23Section 2919. Notice of Petition.
24Section 2922. Assessment of Damages and Benefits.
25Section 2930. Power to Grade, Pave, Macadamize, Et Cetera.
26Section 2931. Payment of Cost of Improvement.
27Section 2938. Preparation of Streets for Paving or Repairing.
28Section 2939. Highways in Cities.
1Section 2955. Acquisition of Unobstructed Views.
4Section 2970. Appropriation for Connections with Highways.
5Section 2975. Street Closings; Detours.
6Section 2985. Maintenance of Streets Forming Boundaries.
19Section 3002.1. Ordinances.
20Section 3003. Emergency Repairs; Notice; Cost.
23Section 3101. Construction and Maintenance of Bridges.
24Section 3102. Ordinance for Location of Bridges; Procedure.
27Section 3110. Agreement for Joint Construction and Maintenance.
28Section 3114. Recording of Contract.
29Section 3115. Power to Construct Boundary Bridges.
30Section 3135. Acquisition of Existing Bridges.
5Section 3201.1. Required Connection; Fees.
8Section 3213.1. Rental Fees or Charges.
9Section 3222.1. Acquisition of Existing Sanitary Sewer Systems.
10Section 3230. Sewers Outside Cartway and Curb Lines.
11Section 3240. Building Joint Sewers.
16Section 3250. Sewers Extending Outside of City.
18WATERCOURSES, FLOOD PROTECTION PROJECTS
19AND STORM WATER SYSTEMS
23Section 3407. Assessment of Benefits; Liens.
24Section 3408. Waters Excepted.
1Section 3585. Payment of Cost of Extensions.
2Section 3587. Fixing Rates.
3Section 3588. Collection of Utility Charges.
4Section 3590. Disposition of Revenues.
6PUBLIC BUILDINGS AND WORKS
7Section 3601. Public Buildings Generally.
8Section 3603. Payment of Cost of Erection and Maintenance.
13Section 3607. Long-Term Improvement Leases.
15PARKS, PLAYGROUNDS, AND RECREATION CENTERS
16Section 3703. Acquisition of Lands and Buildings.
17Section 3703.1. Powers of Council; Delegation.
18Section 3705. Creation and Composition of Recreation Board.
19Section 3706. Organization of Board.
20Section 3707. Joint Ownership and Maintenance.
21Section 3708. Borrowing.
22Section 3709. Maintenance and Tax Levy.
23Section 3709.1. City Trusts.
24Section 3718. Park Rangers.
26UNIFORM CONSTRUCTION CODE, PROPERTY MAINTENANCE CODE,
27AND RESERVED POWERS
28Section 4101-A. Primacy of certain codes.
29Section 4102-A. Changes in Uniform Construction Code.
30Section 4103-A. Public nuisance.
1Section 4104-A. Property maintenance code.
2Section 4105-A. Reserved powers.
9Section 4204. Operation of Facilities Jointly.
15Section 4301. Police Pension Fund.
16Section 4302. Retirement; Final Discharge.
17Section 4302.1. Limited Vested Benefit.
18Section 4303. Allowances and Service Increments.
19Section 4303.1. Increase of Allowances After Retirement.
20Section 4303.2. Total Disability.
21Section 4304. Inalienable Rights in Fund.
22Section 4305. Payments to Police Pension Fund by City.
23Section 4306. Management of Police Pension Fund.
24Section 4307. Trusts for Benefit of Police Pension Fund.
25Section 4308. Repayment Before Retirement.
26Section 4309. Definitions.
30Section 4320.1. Limited Vested Benefit for Firefighters.
1Section 4321. Retirement; Final Discharge.
2Section 4322. Pensions and Service Increments.
3Section 4322.1. Increase of Allowances After Retirement.
6Section 4324. Payments to Firefighters' Pension Fund by City.
7Section 4325. Transfers from Other Pension Funds.
8Section 4326. Trusts for Benefit of Firefighters' Pension Fund.
9Section 4327. Repayment Before Retirement.
10Section 4328. Definitions.
11(c) Pension Funds for Employes Other Than
12Police Officers and City-Paid Firefighters
15Section 4341. Pension Board; Duties.
16Section 4342. Retirement Age.
19Section 4343.1. Retirement Allowances; Full Coverage; Payments.
20Section 4343.2. Limited Vested Benefit.
25Section 4345. Payments by Laborers Optional.
26Section 4346. Heads of Departments to Certify List of Employes.
27Section 4347. Receipt, Investment and Payment of Funds.
28Section 4348. Appropriations and Contributions to Fund.
29Section 4349. Application.
30Section 4350. Computation of Time of Service.
1Section 4351. Funds Payable to be Free of Attachment.
2Section 4352. Definitions.
3Section 4353. Beneficiaries of Fund not to be Employed by City.
4(d) Beneficiaries Serving in Elective Office
5Section 4361. Right to a Pension if Salary Refused.
8Section 4401. Examinations Required of All Appointees.
9Section 4402. Appointment of Examining Board.
10Section 4402.1. Existing Civil Service Positions.
13Section 4403.1. Alternate Board Members.
14Section 4403.2. Investigations and Subpoenas.
15Section 4404. Rules and Regulations; Examinations.
18Section 4405.1. Veterans' Preference.
21Section 4406.1 Promotions.
22Section 4407. Tenure; Temporary Appointments.
25Section 4409. Secretary; Compensation.
26Section 4410. Review of Eligibility Lists.
29(a) Support of Veterans' Organizations
30Section 4401-A. Appropriation to post of veterans.
1Section 4402-A. Rooms for meetings of veterans.
2(b) Pennsylvania National Guard
3Section 4411-A. Support of Pennsylvania National Guard units.
4Section 4412-A. Assistance in erection of armories.
5Section 4413-A. Eminent domain for National Guard purposes.
6Section 4414-A. Lands for armory purposes.
7(c) Burials and Memorials
10Section 4422-A. Care of memorials.
11Section 4423-A. Memorial trees.
12Section 4424-A. Penalty for injury to memorial trees.
14ASSESSMENTS FOR PUBLIC IMPROVEMENTS
15Section 4501-A. Authority to assess.
16Section 4502-A. Method of assessment.
17Section 4503-A. Notice of assessment.
18Section 4504-A. Appeals to court.
19Section 4505-A. Benefits and damages.
22Section 4507-A. Payment of assessments in installments.
23Section 4508-A. Collection of assessments.
25COLLECTION OF MUNICIPAL CLAIMS BY SUIT AND
26COMPROMISE OF CLAIMS
27Section 4601. Collection of Municipal Claims by Suit.
28Section 4602. Compromise of Municipal Claims.
30ACTS OF ASSEMBLY REPEALED; SAVING CLAUSE
1Section 4701. Repeals and Savings Clause.
17["City," a city of the third class.
18"Street," any street, avenue, boulevard, parkway, road, lane,
19court, alley, or public square within the city, and any highway
20within the city, as provided in section two thousand nine
21hundred thirty-nine of this act.
26"City." A city of the third class.
27"Highway." A State highway of the Commonwealth.
3"Municipal authority" or "municipality authority." A body
4politic and corporate created under 53 Pa.C.S. Ch. 56 (relating
5to municipal authorities), under the former act of May 2, 1945
6(P.L.382, No.164), known as the "Municipality Authorities Act of
71945," or under the former act of June 28, 1935 (P.L.463,
8No.191), known as the "Municipality Authorities Act of one
9thousand nine hundred and thirty-five."
25"Street." Any street, avenue, boulevard, parkway, road,
26lane, court, alley or public square within the city, and any
27highway within the city to the extent that the city is legally
28responsible for it, pursuant to agreement or otherwise.
1(a) The collection of municipal and tax claims by liens;
4(c) Conduct of elections;
7(e) [Aldermen] (Reserved);
11(h) Weights and measures;
14(j) Joint city and county buildings;
16(l) State highways;
20Section 104. Construction of Act Generally to Preserve
21Existing Situations.--(a) The provisions of this act, so far as
22they are the same as those of existing laws, are intended as a
23continuation of such laws and not as new enactments. The repeal
24by this act of any act of Assembly, or part thereof, shall not
25revive any act, or part thereof, heretofore repealed or
26superseded, nor affect the corporate existence of any city
27heretofore incorporated. The provisions of this act shall not
28affect any act done, liability incurred, or right accrued or
29vested, or affect any suit or prosecution pending or to be
30instituted to enforce any right or penalty or punish any offense
1under the authority of such repealed laws. All ordinances,
2resolutions, regulations and rules made pursuant to any act of
3Assembly repealed by this act[,] shall continue with the same
4force and effect as if such act had not been repealed. Any
5person holding office or position under or by virtue of any act
6of Assembly repealed by this act shall continue to hold such
7office or position until the expiration of the term thereof,
8subject to the conditions and tenure attached to such office or
9position prior to the passage of this act.
10(b) A city shall possess, and city council and other city
11officials may execute, the corporate powers and duties as
12provided in this act and in other laws to the extent that these
13powers and duties are not repealed by this act.
14Section 105. Constitutional Construction.--The provisions of
15this act shall be severable[, and, if]. If any of its provisions
16shall be held to be unconstitutional, the decision so holding
17shall not be construed to affect the validity of any of the
18remaining provisions of this act. It is hereby declared as the
19legislative intent that this act would have been adopted had
20such unconstitutional provisions not been included therein.
21Section 106. Construction of References.--Whenever in this
22act reference is made to any act by title or otherwise, [such]
23the reference shall be construed to apply to and include any
24codification wherein the provisions of the act referred to are
1seventy-four (Pamphlet Laws 230)] May 23, 1874 (P.L.230,
2No.152), entitled "An act dividing cities of this State into
3three classes; regulating the passage of ordinances; providing
4for contracts for supplies and work for said cities; authorizing
5the increase of indebtedness, and the creation of a sinking fund
6to redeem the same; defining and punishing certain offenses in
7all of said cities; and providing for the incorporation and
8government of the cities of the third [class," and the
9amendments thereto; (b) all] class."
10(2) All cities which have been incorporated under the
11provisions of the act of May [twenty-third, one thousand eight
12hundred and eighty-nine (Pamphlet Laws 277)] 23, 1889 (P.L.277,
13No.247), entitled "An act providing for the incorporation and
14government of cities of the third [class," and the amendments
15thereto; (c) all] class."
16(3) All cities which have been incorporated under the
17provisions of the act of [Assembly, approved June twenty-
18seventh, one thousand nine hundred and thirteen (Pamphlet Laws
19568)] June 27, 1913 (P.L.568, No.367), entitled "An act
20providing for the incorporation, regulation, and government of
21cities of the third class; regulating nomination and election of
22municipal officers therein; and repealing, consolidating, and
23extending existing laws in relation [thereto," and the
24amendments thereto; (d) all] thereto."
25(4) All cities formed by the consolidation of boroughs
26having voted separately to become cities in accordance with the
27provisions of the act[, approved May twenty-fourth, one thousand
28nine hundred and seventeen (Pamphlet Laws 262)] of May 24, 1917
29(P.L.262, No.143), entitled "An act to enable two or more
30boroughs that are contiguous or in close proximity to be united
1and to become one city, wherever each of said boroughs shall
2have heretofore voted or shall hereafter vote to become a city
3of the third class, under laws now enacted or which may
4hereafter be enacted; and wherever each of said boroughs has
5duly received or shall hereafter duly receive letters patent
6constituting it a city of the third class, but where sufficient
7time shall not have elapsed after the granting of such letters
8patent for the holding of a municipal election; providing for
9the consequences of such consolidation, the government of such
10consolidated city, the payment of the indebtedness of each of
11the united territories and the enforcement of debts and claims
12due to and from each, and fixing the jurisdiction over the said
13consolidated city in the courts of the county in which the
14majority of its inhabitants shall [reside"; and (e) all]
20(1) To continue operating under the form of government
21previously selected and exercising powers previously acquired by
22the city in accordance with the act of July 15, 1957 (P.L.901,
23No.399), known as the "Optional Third Class City Charter Law."
24(2) To adopt or continue utilizing a form of government and
25to acquire or continue exercising powers pursuant to an optional
26plan or a home rule charter which have been or may be adopted in
27accordance with the "Home Rule Charter and Optional Plans Law."
4Section 109. Publication of Notices.--Whenever, under the
5provisions of this act, advertisement, notice, or publication is
6required to be published in [one] a newspaper, [such] the
7publication shall be made one time, unless the provision
8requiring publication specifies otherwise, in [a] at least one
9newspaper of general circulation, as defined [by the Newspaper
10Advertising Act of May sixteen, one thousand nine hundred and
11twenty-nine (Pamphlet Laws 1784), printed] in 45 Pa.C.S. § 101
12(relating to definitions), published in the city, if there is
13such a newspaper, and if not, then in a newspaper of general
14circulation circulating generally in [such] the city. If such
15notice is required to be published in more than one newspaper,
16it shall be published in at least one newspaper of general
17circulation, defined as aforesaid, [printed] published, if there
18be such a newspaper, or circulating generally as above provided
19in the city. When [such] the notice relates to any proceeding or
20matter in any court, or the holding of an election for the
21increase of indebtedness, or the issue and sale of bonds to be
22paid by taxation, [such] the notice shall also be published in
23the legal newspaper, if any, designated by the rules of court of
24the proper county for the publication of legal notices and
25advertisements, unless such publication be dispensed with by
26special order of court: Provided, however, That ordinances,
27auditor's statements, summaries of auditor's statements,
28advertisements inviting proposals for public contracts and for
29bids for materials and supplies, or lists of delinquent
30taxpayers, shall be published only in newspapers of general
1circulation, defined as aforesaid.
2Section 3. Article II heading of the act is amended to read:
4PROCEDURES FOR INCORPORATION
5Section 4. The act is amended by adding a section to read:
17Section 5. Section 201 of the act is amended to read:
18Section 201. Creation of Cities.--Cities of the third class
19shall be chartered [whenever a majority of the electors of any
20town, township, or borough, or any two or more contiguous towns,
21townships, or boroughs, or any combination thereof, situate
22within the limits of the same county or situate in two or more
23contiguous counties, and having separately or together, as the
24case may be, a population of at least ten thousand according to
25the last preceding United States census, shall each separately
26vote at any general or municipal election in favor of the same.]
4(2) Two or more contiguous municipal corporations, having
5together a population of at least ten thousand according to the
6last preceding United States census, may be incorporated as a
7city by utilizing 53 Pa.C.S. Ch. 7 Subch. C (relating to
8consolidation and merger) and, in accordance therewith,
9determine whether the newly incorporated city shall be governed
10by this act and other general laws applicable to and governing
12Section 6. Sections 202 and 203 of the act are repealed:
13[Section 202. Resolution to Submit Question to Electors.--
14The corporate authorities of any town, township, or borough, or
15of any contiguous towns, townships, or boroughs, as the case may
16be, may, on their own motion, or, upon petition of two hundred
17or more qualified electors thereof, shall, by resolution duly
18passed and recorded among the minutes, submit the question
19whether such town, township, or borough, or whether any
20contiguous towns, townships, or boroughs, shall become a city of
21the third class, to the qualified electors thereof, to be known
22as the "City of ........................."
23Section 203. Notice of Election.--The said corporate
24authorities shall give notice by the publication of said
25resolution, once a week for four successive weeks prior to the
26next general or municipal election, in not more than two
27newspapers of general circulation published or circulating
28generally in said towns, townships, and boroughs, in accord with
29the provisions of section 109 of this act.]
30Section 7. The act is amended by adding a section to read:
4(b) If two hundred or more registered voters of the
5municipal corporation petition the governing body of the
6municipal corporation for the adoption of a petition resolution,
7the governing body shall adopt the same.
8Section 8. Section 204 of the act is amended to read:
9Section 204. Resolution Certified to County Board of
10Election; Form of Question.--The [said corporate authorities
11shall certify said] governing body of a municipal corporation
12that adopts an incorporation resolution shall certify the
13incorporation resolution to the county board of elections of the
14proper county or counties[, who shall thereupon cause a proper
15question to be submitted to the qualified electors at the said
16general or municipal election in the said towns, townships, and
17boroughs, in the manner required by the Pennsylvania Election
18Code]. The county board of elections shall, at the general or
19municipal election, in the manner required by the Pennsylvania
20Election Code, submit a referendum question to the registered
21voters of the municipal corporation that has certified an
23Section 9. The act is amended by adding a section to read:
24Section 204.1. Notice of Election.--Notice of the election
25at which registered voters of a municipal corporation will be
26voting on a referendum question shall be given by the secretary
27or other person designated by the municipal corporation. The
28notice required by this section shall be published once a week
29for four successive weeks in a newspaper of general circulation
30in the municipal corporation in which the referendum question
1will be submitted to the registered voters.
4Section 205. Returns of Election.--[The county board of
5elections shall make return of the vote cast on the question
6submitted to the clerk of the court of the proper county or
7counties, and to the respective corporate authorities of the
8towns, townships and boroughs submitting such questions. If a
9majority of the votes cast in each such town, township and
10borough on the question shall be in favor of creating a city,
11then returns thereof shall also be made by the county board of
12elections to the Secretary of the Commonwealth and the
13Department of Community Affairs.] (a) In each county in which a
14referendum question is submitted to the registered voters of a
15municipal corporation, the county board of elections shall make
16return of the vote cast on the referendum question to the clerk
17of the court for that county, and to the governing body of the
18municipal corporation in which registered voters voted on a
20(b) The county board of elections also shall make returns of
21the vote cast on the referendum to the Secretary of the
22Commonwealth and the Department of Community and Economic
23Development, if a majority of the votes cast by the registered
24voters of the municipal corporation are in favor of
25incorporating as a city.
1against the city charter] Incorporating as City.--If the returns
2show that a majority of registered voters in a municipal
3corporation voted "no" on the referendum question, no further
4proceeding shall be had, and it shall not be lawful to hold
5another election upon the referendum question in [such town,
6township, or borough] the municipal corporation until the third
7general or municipal election thereafter occurring.
8Section 207. Governor to Issue [Charter Where Vote for City
9Charter] Letters Patent; Boundaries.--If [it shall appear by the
10said returns that there is a majority of the votes cast on the
11question in each town, township, and borough, aforesaid, in
12favor of the city charter, the corporate authorities of all such
13towns, townships, and boroughs] the returns show that a majority
14of registered voters in a municipal corporation voted "yes" on
15the referendum question, the governing body of the municipal
16corporation shall, within sixty days after [such] the election,
17furnish to the Secretary of the Commonwealth the necessary
18information with respect to the boundaries of the new city, and
19the Governor shall, as soon as may be, issue letters patent,
20under the Great Seal of the Commonwealth, reciting the facts,
21defining the boundaries of [said] the city, and constituting the
22same a body corporate and politic by the name of the City
24Section 208. Property of Entities Vested in City.--All of
25the property and estates whatsoever, real and personal, of the
26[towns, townships, and boroughs,] municipal corporations which
27shall have [thus] become a city in accordance with this article
28are hereby severally and respectively vested in the corporation
29or body politic of [said] the city[, by the name, style, and
30title given thereto] for the use and benefit of the citizens
2Section 209. Existing Governments [Preserved Temporarily;
3Organization of City.--The governments of the said towns,
4townships, and boroughs] Temporarily Preserved; City
5Organization.--(a) The government of the municipal corporation
6shall continue in full force and operation, until the first
7Monday of January next succeeding the municipal election
8provided for in section 702 [of this act], at which time the
9officers of [said] the city chosen at [said] the municipal
10election shall enter upon their respective terms of service, and
11the city government shall be duly organized under this act.
12(b) Whenever, in the organization of the city government of
13any newly incorporated city, any person is [elected] appointed
14by council to any office for which this act provides a definite
15term and fixes a definite time for the election of persons
16thereto, the person so [elected] appointed shall serve only for
17such time as intervenes between [his election] the person's
18appointment and the day fixed by this act for the regular
19election or appointment of such officer for a full term.
20Section 210. Existing Liabilities, Debts and Claims
21Transferred to New City.--[All suits, prosecutions, debts, and
22claims, whatsoever, of the said towns, townships and boroughs,
23shall thereupon become transferred to the said city, which in
24all suits pending shall be substituted as a party, and be under
25the management and control thereof. All valid claims and demands
26of whatsoever nature, whether payable presently or in the
27future, existing against the said towns, townships, and boroughs
28when the said charter shall go into operation, shall be
29enforceable against the said city. The bonds and floating
30indebtedness, and the interest thereon, of each of said towns,
1townships and boroughs, contracted prior to such consolidation,
2shall be paid by the said city thus organized and chartered, so
3that the taxes shall be uniform throughout the territorial
4limits of the whole city.] If a municipal corporation is
5incorporated as a city in accordance with this article, the
6following shall apply:
15(4) The bonds and floating indebtedness, and the interest
16thereon, existing at the time a municipal corporation became
17incorporated as a city in accordance with this article shall be
18paid by the newly incorporated city, so that the taxes shall be
19uniform throughout the territorial limits of the whole city.
24ALTERNATIVE PROCEDURE FOR INCORPORATION
25Section 250. Appointment of Charter Commission.--The
26corporate authorities of any town, township, or borough or of
27any combination of contiguous towns, townships or boroughs may
28and, upon petition of two hundred or more qualified electors
29thereof, shall petition the court of quarter sessions of the
30county in which such towns, townships or boroughs are situate,
1for the appointment of a charter commission to study and make
2recommendations on the adoption of a form of city government for
3such towns, townships or boroughs. Whenever any such towns,
4townships or boroughs, or combination thereof, are situate in
5more than one county, the petition shall be brought to the court
6of quarter sessions of the county in which the larger percentage
7of the population thereof are resident.
8The charter commission so appointed shall consist of not less
9than nine nor more than fifteen members who shall be qualified
10electors of the town, township or borough, and if the petition
11is brought on behalf of more than one town, township or borough,
12the charter commission shall be appointed from among qualified
13electors of each of such towns, townships or boroughs.
14In every case, at least three members of the charter
15commission shall be appointed from among the members of the
16governing bodies of the towns, townships or boroughs bringing a
17petition, and when two or more towns, townships or boroughs are
18party to the petition, the court shall appoint at least one
19member of the charter commission from among the members of the
20governing bodies of each of such towns, townships or boroughs.
21Section 251. Powers and Duties of Charter Commission.--The
22charter commission shall organize and function in accordance
23with the provisions of the Optional Third Class City Charter
24Law, and in so far as the same are applicable, shall exercise
25the same powers and perform the same duties as are conferred or
26imposed upon charter commissions elected under the provisions of
27the Third Class City Charter Law.
1performance of their duties. The corporate authorities of the
2towns, townships or boroughs shall appropriate reasonable sums
3of money necessary for such purpose and for the work of the
4charter commission as provided in the Optional Third Class City
6The charter commission shall report its recommendations at
7the time and in the manner provided in the Optional Third Class
8City Charter Law. In its report, the charter commission shall
9recommend adoption of either the "commission" form of city
10government as provided in this act, or one of the optional forms
11of city government provided in the Optional Third Class Charter
13Section 252. Election on the Question.--Within five days
14after the charter commission reports its recommendations, the
15corporate authorities of such towns, townships or boroughs shall
16certify a copy of the commission's report to the county board of
17elections, which shall cause the question of adoption or
18rejection to be placed upon the ballot or voting machines at
19such time as the commission shall in its report specify. The
20question shall be submitted to the electors in the manner and at
21the time provided in the Optional Third Class City Charter Law
22and shall be in the following form:
23Shall the.............................be incorporated into a
24 name of towns, townships or boroughs
25city of the third class to be known as the city of.............
26with a........................form of government providing for
27name of form
28..............................councilmen to be elected at large?
29number of councilmen
30Section 253. Return of Election; Effect of Vote.--(a) The
1county board of elections shall make return of the vote cast on
2the question as provided by law. If it appears that a majority
3of the votes cast in each such town, township or borough on the
4question shall be in favor of creating a city, the city shall be
5incorporated as provided in this act.
6(b) If, at such election, the electors have voted in favor
7of adopting the commission form of government provided in this
8act, the city officers shall be elected and the city shall be
9organized and governed under the provisions of this act, the
10same as though the election had been held under the provisions
11of article II. of this act.
12(c) If, at such election, the electors have voted in favor
13of adopting one of the optional forms of government provided in
14the Optional Third Class City Charter Law, the city shall be
15governed under the applicable provisions of the Optional Third
16Class City Charter Law, but the first city officers shall be
17elected in accordance with the provisions of this subsection.
18At the first municipal election occurring at least ninety
19days after the date of the letters patent issued by the Governor
20incorporating such city, the qualified electors of such city
21shall elect the city officers appropriate to such optional form
22of government. Except in the case of the first city council,
23such officers shall be elected for the terms provided in the
24Optional Third Class City Charter Law. The first councilmen
25elected in such city shall be divided into two groups. One group
26shall equal one more than one-half of all the councilmen and its
27members shall serve for terms of four years. The second group
28shall equal one less than one-half of all the councilmen and its
29members shall serve for terms of two years. The members of the
30first group shall be those councilmen receiving the greatest
1number of votes at their election, and the members of the second
2group shall be those councilmen receiving the next greatest
3number of votes at their election. If two or more councilmen
4received the same number of votes and one or more but not all of
5them will be included in the first group, they shall draw lots
6to determine which of them shall be included in the first group.
7Thereafter, all councilmen shall be elected for the terms
8provided in the Optional Third Class City Charter Law.
9The governments of the towns, townships and boroughs,
10comprising a city which elects its first officers under the
11provisions of this subsection, shall continue in full force and
12operation until the first Monday of January next succeeding such
13election, at which time the officers of such city shall enter
14upon their respective terms and the city government shall be
15duly organized under the Optional Third Class City Charter Law.
16(d) Whenever by the returns of the election in any town,
17township or borough, it shall appear that in any one there is a
18majority against the city charter and the form of city
19government recommended by the charter commission, no further
20proceedings shall be had and it shall not be unlawful to hold
21another election upon the same question in such town, township
22or borough during the period of four years following such
23election, but the provisions of this subsection shall not affect
24any proceedings under article II. of this act nor any subsequent
25proceedings under the Optional Third Class City Charter Law.
26Section 254. Proceedings are Additional.--The proceedings
27authorized by this article are in addition to, and not in
28substitution of, those proceedings authorized by article II. of
29this act, but it shall not be lawful to institute proceedings
30under either article while any proceedings under the other
1article are unconcluded.
2Section 255. Abandonment of Optional Form of Government.--
3Whenever, under the provisions of this article, the electors of
4any towns, townships or boroughs elect to incorporate a city
5with one of the optional forms of government provided in the
6Optional Third Class City Charter Law, and later, at an election
7held for that purpose under the Optional Third Class City
8Charter Law, elect to abandon such optional form of government,
9the city shall cease to be governed by the provisions of such
10charter plan and the Optional Third Class City Charter Law on
11the first Monday of January following the next succeeding
12municipal election, and shall thereafter be governed under the
13provisions of this act. The reversion to the form of government
14provided by this act shall take effect as provided in article
15VI. of the Optional Third Class City Charter Law for transition
16to an optional form of government in so far as applicable, and
17in addition any city offices which are elective under this act
18but are not elective under such optional form of government,
19shall be filled at such municipal election.]
23CHANGE OF CORPORATE TITLE
26Section 301. Resolution and Petition to Change Corporate
27Title.--[Whenever the council of any city shall, by resolution,
28decide to change the corporate title of such city, it shall
29present its petition to the court of quarter sessions of the
30county having jurisdiction over the municipal affairs of the
1city, petitioning such court to change the corporate title
2thereof in accordance with the resolution, a certified copy of
3which shall be attached to such petition.] City council may
4initiate proceedings to change the corporate title of a city by
5doing each of the following:
8(2) Presenting to the court of common pleas of the county in
9which the city is located a petition, along with a certified
10copy of the resolution, requesting the change in the corporate
11title of the city.
12Section 302. Hearing; Decree.--(a) Upon the presentation to
13the court of [such] the petition and resolution in accordance
14with section 301, the [said] court shall fix a day for a hearing
15[thereof] on the question of the change in the corporate title
16of the city and shall direct that notice of [such] the hearing
17be published once a week for three weeks in [not more than two
18newspapers] a newspaper of general circulation.
19(b) At [such] the hearing, the court shall [hear the] permit
20any resident of the city to give testimony [and argument of
21persons both for and against] either in support of or opposition
22to the change of the corporate title of [such] the city [and, if
23the court is of the opinion that the corporate title of such
24city should be changed as prayed for in the petition of the
25council of said city, shall enter upon the proceedings its order
26and decree changing the corporate title of such city in
27accordance with the resolution of the council thereof; otherwise
28the petition shall be dismissed].
3Section 303. Recording Decree.--[Upon the filing of a
4certified copy of the decree of the court, changing the
5corporate name of any city, in the office of the Secretary of
6the Commonwealth and the recording thereof in the office of the
7recorder of deeds of the county, the courts of which have
8jurisdiction over the municipal affairs of the city, the
9corporate title of said city shall thereafter be as set forth in
10said decree.] A change in the corporate title of a city that is
11ordered and decreed in accordance with section 302(c) shall not
12become effective until a certified copy of the decree of court
13is filed in the office of the Secretary of the Commonwealth and
14is recorded in the office of the recorder of deeds of the county
15in which the city is located.
16Section 304. Existing Rights and Liabilities Preserved.--No
17change in the corporate title of any city shall in any way
18affect any liabilities incurred, rights accrued or vested,
19obligations issued or contracted, or any suits or prosecutions
20pending or instituted to enforce any right or penalty accrued or
21punish any offense committed prior to [such] the change.
25CREATION AND DIVISION OF WARDS
26Section 16. Section 401 of the act is amended to read:
27Section 401. [Petition for Creation or Division of Wards.--
28New wards may be created in cities, or wards therein may be
29divided, by the court of quarter sessions, on application
30thereto for that purpose, by the petition of at least one
1hundred qualified electors of the district seeking to be created
2as a new ward, or of the ward to be divided, or by the petition
3of the council of the city. No new ward shall contain less than
4three hundred qualified electors according to the last preceding
5enumeration.] General Power of Council in Creation or Division
6of Wards.--(a) In addition to reapportionment of wards pursuant
7to 53 Pa.C.S. Ch. 9 (relating to municipal reapportionment) and
8section 11 of Article IX of the Constitution of Pennsylvania,
9council may, with or without a petition as provided in section
10401.1 and subject to approval by the registered voters as
11provided in section 407, create new wards, divide a ward or
12wards or detach part of a ward and attach to another ward, in
13accordance with this article.
17(c) All wards in the city shall be numbered and composed of
18compact and contiguous territory as nearly equal in population
19as practicable and as officially and finally reported in the
20most recent Federal census, decennial or special.
21Section 17. The act is amended by adding a section to read:
22Section 401.1. Petition of Registered Voters.--(a)
23Registered voters may petition council to initiate proceedings
24under section 401 to create new wards, divide a ward or wards,
25or detach part of a ward and attach to another ward as follows:
26(1) One hundred registered voters may petition council to
27create or divide a ward if, in the case of a petition proposing
28to create a ward, the petitioners reside in the portion of the
29city which the petition proposes to create as a ward, or in the
30case of a petition to divide a ward, the petitioners reside in
1the ward which the petition proposes to divide.
2(2) Twenty-five registered voters may petition to detach
3part of one ward and attach the detached part to another ward if
4the petitioners reside in the part of the ward that is proposed
5to be detached.
6(b) Council shall by motion approve by a majority of
7council, and within ninety days of presentment of the petition,
8determine whether to initiate proceedings under section 401. If
9the motion is in favor of initiating proceedings, council shall
10appoint a commission in accordance with section 403.
11(c) In the event that council has not approved a motion
12within ninety days after the presentment of a petition under
13subsection (a), any ten registered voters may petition the court
14of common pleas and contest the existing apportionment as
15violating section 401. The proceedings before the court shall be
16conducted in accordance with 53 Pa.C.S. §§ 906 (relating to
17contest of reapportionment by governing body) and 907 (relating
18to costs and expenses of contest).
21Section 402. [Petition for Striking Territory from One Ward
22and Attaching to Another.--Any part or district of a ward in any
23city may be detached therefrom and attached to another ward by
24the court of quarter sessions of the proper county, on
25application thereto for that purpose, by the petition of at
26least twenty-five qualified electors of the district to be
27stricken off or attached, or by the petition of the council of
28the city] (Reserved).
1the creation of a new ward out of parts of two or more wards, or
2the division of a ward, or for the detaching from a ward of a
3part or district thereof and attaching the same to another ward,
4the said court shall appoint five impartial qualified electors,
5residents of the city, but not of the wards to be affected
6thereby, as commissioners to inquire into the propriety of
7granting the prayer thereof: Provided, however, That in cities
8having not more than three wards, said commissioners shall be
9selected from the city at large, and may be residents of the
10ward or wards to be affected thereby. The commissioners so
11appointed, or any four of them, shall examine the premises and
12make a draft of the new ward or wards proposed to be created, or
13of the ward or wards to be divided, or of the wards affected,
14showing the division or change thereof, or showing the lines as
15any separation and attachment will affect them, as the case may
16be, and showing clearly the number of qualified electors
17contained within the proposed new ward. The commissioners shall
18make report to the said court at its next term, together with
19their recommendation.].--(a) If council initiates proceedings
20pursuant to section 401, whether on its own volition or pursuant
21to the petition of registered voters, it shall appoint five
22impartial registered voters who are residents of the city as
23commissioners, to make a report and recommendation concerning
24the necessity, desirability and feasibility of proposed wards.
1wards to be affected thereby.
2Section 19. The act is amended by adding sections to read:
3Section 403.1. Expenses of Commissioners.--Council shall
4make appropriations for the reasonable expenses of the
5commissioners incurred for their services pursuant to this
6article. Each commissioner shall submit to the city controller
7for approval an itemized account of the commissioner's expenses
8to be paid under the authority of this section.
9Section 403.2. Report.--(a) Commissioners appointed by
10council in accordance with section 403(a) shall examine the
11premises and prepare a report which shall include a draft of all
12wards affected by the proposed creation, division or detachment,
13showing the division or change thereof, or showing the lines of
14wards as any separation and attachment will affect them, as the
15case may be, and showing clearly the population contained within
16the affected wards using figures officially and finally reported
17in the most recent Federal census, decennial or special. The
18report, upon completion, shall be submitted to council and shall
19include a recommendation reflecting the decision of a majority
20of its members concerning the proposed creation, division or
21detachment of a ward or wards.
22(b) Consistent with the standards applied in municipal
23reapportionment pursuant to 53 Pa.C.S. § 903(b) (relating to
24reapportionment by governing bodies), no report shall recommend
25the creation, division or detachment of a ward or wards unless
26the result of implementing the report and recommendation would
27be that each ward in the city is composed of compact and
28contiguous territory as nearly equal in population as
29practicable as officially and finally reported in the most
30recent Federal census, decennial or special.
1(c) Upon receipt of the report, council shall, by motion,
2determine whether to submit the question of the proposed
3creation, division or detachment of a ward or wards as provided
4in the report to the registered voters of the city in accordance
5with section 404.
8Section 404. Election[; Form of Ballot.--If a majority of
9the commissioners appointed report favorably to such creation or
10division, or the detaching from a ward of a part or district
11thereof and attaching the same to another ward, the court shall
12order].--(a) If based upon the report in section 403.2, council
13decides to proceed, it shall certify to the county board of
14elections the question of the creation, [or] division or
15detachment of [such] the ward[,] or wards to be submitted to the
16[qualified electors] registered voters of the ward or wards
17[affected, and in the case of the detachment of territory to the
18electors of the ward from which the territory is to be stricken
19off] or parts thereof which are the subject of the report, at
20the general or municipal election occurring not less than ninety
21days [thereafter] after the report was approved by council.
22(b) The [clerk of said court shall certify such order to
23the] county board of elections [which] shall [thereupon] cause
24[a proper] the question [to be submitted to the qualified
25electors at such] of approving the creation, division or
26detachment of a ward or wards to be placed on the ballot in the
27ward or wards or parts that will be affected thereby, at the
28appropriate election in the manner provided by the Pennsylvania
30Section 405. Notice of Election; Review of Report.--[It
1shall be the duty of the mayor of the said city to give at least
2fifteen days' public notice, by advertisement in one or more
3newspapers, of general circulation, that such an election will
4be held, and of the time and place of holding the same.] (a)
5The city shall publish a notice of election in a newspaper of
6general circulation at least fifteen days prior to the date that
7the question of approving the creation, division or detachment
8of a ward or wards is to be presented at the specified general
9or municipal election.
10(b) The election notice shall contain a statement of the
11issue to be submitted to the registered voters at the election,
12including the ward, wards or parts thereof to be affected, and
13the date upon which the election is to be held. The notice shall
14reference the report and specify that it is available for review
15and copying as a public record pursuant to the act of February
1614, 2008 (P.L.6, No.3), known as the "Right-to-Know Law."
17Section 406. Election Laws to Apply.--All [the electors,
18judges, inspectors and clerks, voting at and in attendance upon
19the election to be held under the provisions of this article,
20shall be subject to the penalties imposed by] matters relating
21to the election at which the question of approving the creation,
22division or detachment of a ward or wards is to be presented to
23the voters shall be governed by the applicable provisions of the
24Pennsylvania Election Code.
25Section 407. Computing Vote; Return; [Order of Court;]
26Resubmission of Question.--[The officers of such election shall
27receive and count the votes in the manner prescribed by law, and
28shall forthwith make out a return on forms furnished by the
29board of elections, showing the number of votes for and against
30such new ward, or for or against such division or detachment of
1a ward, as the case may be, and shall deliver the same to the
2clerk of the court of quarter sessions within three days. The
3said clerk shall compute said return, and forthwith certify the
4result thereof to the court. If it appears that a majority of
5the votes so taken are for a new ward, or for a division or for
6the detachment of territory and its attachment to another ward,
7said court shall thereupon order and decree the creation of such
8new ward or wards, or such division, or such detachment and
9attachment agreeably to the lines marked out and returned by the
11(a) The county board of elections shall tabulate and publish
12the results of the referendum in a newspaper of general
13circulation within thirty days of the election. A certified copy
14of the results shall be placed on record among the minutes of
16(b) If a majority voted in favor of creating or dividing a
17ward or wards, or the detachment of a part of a ward to be
18attached to another, council shall proceed to create or divide a
19ward or wards or detach a part of a ward to be attached to
20another, in accordance with the report, and shall number the new
21wards when necessary[, and order a certified copy of the whole
22proceeding to be placed on record among the minutes of council].
23(c) If a majority [of votes shall be] voted against [the new
24ward, or against division or against detachment] creating or
25dividing a ward or wards, or the detachment of a part of a ward
26to be attached to another, no further action shall be had upon
27[such proceeding] the question, nor shall any new [application
28for such new ward or such division or detachment and attachment
29be heard] petition on the same question be resubmitted until two
30years from the date of [such] the election.
1Section 408. Change of Ward Lines by [Court] Council.--
2Whenever it shall appear to [the court of quarter sessions]
3council in proceedings for the division of any ward, or the
4creation of new wards, that any of the boundaries or divisions
5thereof are uncertain for any cause, [the said court shall make
6such order or decree as to] council shall determine the
7relocation of the line [as to it may appear proper, so that the
8same shall] to conform as nearly as possible to the boundary
9lines which may have been previously determined upon so long as
10the result is that each ward in the city is composed of compact
11and contiguous territory as nearly equal in population as
12practicable as officially and finally reported in the most
13recent Federal census, decennial or special.
14Section 21. The act is amended by adding a section to read:
15Section 409. Pennsylvania Election Code.--Nothing in this
16article shall be construed as affecting the powers and duties of
17the court of common pleas or the county board of elections and
18restrictions on alteration of election districts as provided in
19Article V of the act of June 3, 1937 (P.L.1333, No.320), known
20as the "Pennsylvania Election Code."
24ANNEXATION OF TERRITORY
25(a) Annexation of Boroughs, Townships and Parts
1population of less than ten thousand inhabitants, or any
2township or part of a township, contiguous to any city, whether
3wholly or partially within the same or different counties, may
4become annexed to any such city in the following manner:
5(a) In the case of a borough, the borough council may pass
6an ordinance for such annexation, whenever three-fifths of the
7taxable inhabitants of such borough shall present a petition,
8accompanied with the written consent of a majority in number and
9interest of property owners of the borough, asking for such
11(b) In the case of a township, or part thereof, whenever
12three-fifths of the taxable inhabitants of such township or part
13thereof shall present a petition to the council of said city,
14accompanied with the written consent of a majority in number and
15interest of property owners of such township or part of a
16township, asking for such annexation.
17(c) In case of part of a township, when there are no taxable
18inhabitants residing therein, then whenever three-fifths of the
19property owners in number and interest of property situated
20therein shall present a petition to the council of said city
21asking for such annexation.
22In construing this section, a majority in interest of owners
23of undivided interests in any piece of property shall be deemed
24and treated as one person for the purpose of ascertaining the
25number of petitioners.]
26Section 24. Section 502 of the act is repealed:
27[Section 502. Advertisement; Plots.--Before any such
28petition is circulated or signed, notice thereof shall be given
29by advertisement once a week for four weeks in two newspapers
30published in or circulated throughout the territory to be
1annexed. Such notice shall state the purpose of the petition and
2the date it will be ready for signing. All such petitions shall
3be accompanied by a plot or plots of the territory to be
4annexed, showing all streets and highways, municipal or township
5improvements and public buildings.]
8[Section 503. Ordinance of City; Filing Copy Thereof.--Upon
9presentation to the council of such city of a certified copy of
10the ordinance in case of a borough, or of the petition in the
11case of a township or part thereof, together with the required
12plots in any case, the council of said city may, by ordinance,
13annex such borough, township, or part thereof to the said city.
14Certified copies of the borough and city ordinances and the
15petition and the plans shall be filed in the office of the clerk
16of the court of quarter sessions of the county or counties
17involved, and like copies shall be certified to the Department
18of Community Affairs of the Commonwealth. Nothing contained in
19subdivision (a) of this article shall be deemed to require any
20city to annex any borough, township or part of any such
22Section 26. Section 504 of the act is repealed:
23[Section 504. Conclusiveness of Ordinance; Referendum;
24Appeal.--Thirty days after the filing of the said annexation
25ordinance by the said city council, such ordinance and the
26action of the said city council shall be finally conclusive,
27unless an appeal therefrom is taken within the said thirty days,
28by petition to the court of quarter sessions of the county in
29which the city is located, or unless a referendum petition is
30filed as provided in this act.]
3[Section 505. Hearing an Appeal; Notice; Appeal from Final
4Order.--Where an appeal is taken by any person aggrieved by such
5annexation ordinance of the city, the court shall fix a day for
6hearing the same. Notice shall be given to all parties
7interested in such manner as the court shall direct. From any
8such final order or decree, any party in interest, aggrieved by
9such order or decree, may have an appeal to the Supreme Court as
10in other cases. Upon final determination and approval of the
11annexation ordinance, the annexation shall take effect
15[Section 506. Petition for Annexation of Boroughs Having Ten
16Thousand or More Inhabitants.--Whenever electors, equal to at
17least ten per centum of the highest vote cast for any office in
18any borough having a population of ten thousand or more
19inhabitants contiguous to a city at the last preceding general
20election, or whenever ten per centum of the qualified electors,
21residing within any part of a borough having a population of ten
22thousand or more inhabitants contiguous to a city, shall
23petition the council of such city for the annexation of the
24borough, or part thereof, to the contiguous city, and for a
25referendum on the question of such annexation, the council shall
26cause a question to be submitted at the primary or general
27election occurring at least sixty days thereafter, by certifying
28a resolution, duly adopted, to the county board of elections of
29the county or counties in which any part of the city or borough
30is located, for submission of such question on the ballot or on
4Such question shall be in the following form:
9If a majority of the persons voting on such question in the
10entire borough shall vote "yes," and a majority of the persons
11voting on such question in the city shall vote "yes," then the
12borough or part thereof, as the case may be, shall on the first
13Monday of January next following, be and become a part of the
15If a majority of the persons voting on the question in the
16borough or in the city shall vote "no," no further proceeding
17shall be had, and it shall not be lawful to hold another
18election upon the question until the second general or municipal
19election thereafter occurring.
20All petitions shall be accompanied by a plot or plots of the
21territory to be annexed, showing all streets and highways,
22municipal improvements and public buildings, and all petitions
23for the annexation of a part of a borough shall include a
24description of the part of the borough sought to be annexed.]
27[(b) Annexation of Outlying Lots in a Township
1inhabitants, accompanied by the written consent of a majority of
2the property owners in number and interest of any outlots or
3sections of land in a township containing not more than one
4hundred acres of land contiguous to the city, and being part of
5the same county in which the city is situated, stating that they
6desire the same to be annexed to said city, the desirability
7therefor, and describing the lots or land to be annexed, with a
8map or draft of the same, which petition shall be sworn to by
9one or more of the petitioners, and accompanied by the petition
10of the council of the city praying for the annexation of such
11outlots or sections of land and containing a copy of the
12resolution of the council of said city approving the annexation,
13the said court shall thereupon appoint three viewers, who shall
14be nonresidents of the city or of the township whose territory
15is to be annexed, to inquire into and investigate the
16allegations and facts stated in the said petition.]
19[Section 516. Notice of View; Report; Decree.--Notice of the
20first hearing of the said viewers shall be given to the city,
21and to at least one of the petitioners as the court may direct.
22The said viewers, or a majority of them, shall make report to
23said court at its next session after their appointment. If they
24report that they find the statements and facts of said petition
25to be true, and recommend the annexation as prayed for, and if
26no appeal is taken within thirty days therefrom, the said court
27shall thereupon make an order or decree to carry the annexation
28into effect. The city clerk shall forward a certified copy of
29said decree to the Department of Community Affairs of the
4[Section 517. Appeal; Hearing; Notice; Decree.--Within
5thirty days after filing of such report, any person aggrieved
6thereby may take an appeal, by petition to the court of quarter
7sessions, setting forth his complaint, and thereupon the court
8shall fix a day for hearing the same. Notice of such appeals
9shall be given to all parties interested by publication once in
10one newspaper, in accord with the provisions of section one
11hundred and nine of this act. After such hearing, the court
12shall decide whether the proceedings are in conformity with this
13act, and make an order or decree either dismissing the appeal
14and approving such annexation or sustaining the appeal and
15dismissing the annexation. When the court of quarter sessions
16makes an order to carry such annexation into effect, where no
17appeal is taken, and upon final determination and approval of
18the annexation ordinance, where an appeal has been taken, the
19said outlots or sections of land shall at once and thereafter be
20a part of said city as fully as if the same had been originally
21a part thereof. A certified copy of any final decree or order
22approving such annexation shall be forwarded by the city clerk
23to the Department of Community Affairs.]
26[Section 518. Compensation of Viewers.--The viewers herein
27provided for shall be allowed five dollars per day for each and
28every day actually spent by them in the performance of their
29duties, together with their actual necessary expenses. The costs
30of the proceedings in all cases shall be paid by the city.
1(c) Annexation of Part of a Borough
2Section 525. Petition for Annexation of Territory in a
3Borough; Ordinance of City.--Territory in a borough contiguous
4to a city or separated therefrom by a river or stream may be
5detached from the borough and annexed to the city in the
7A petition signed by owners of the land in the territory
8proposed to be detached and annexed, and described in the
9petition, shall be presented to the borough authorities, who, if
10they find that the petition is signed by either a majority of
11freehold owners or by the owners of two-thirds of the area of
12the territory described, and that the assessed valuation of the
13territory described is not in excess of five per centum of the
14assessed valuation of the borough, may, by ordinance, detach the
15described territory, subject to the acceptance of the detached
16portion by the city of the third class, and upon notice from the
17council of the borough that it has ordained the detachment of
18the described territory of the borough for the purpose of having
19it annexed to the city, the city may, by ordinance, annex the
20portion of the borough so proposed to be detached.]
23[Section 526. Filing of Plans.--Upon such annexation by
24ordinance, a plan of the territory annexed shall be filed by the
25city council in the office of the county commissioners and with
26the clerk of the court of quarter sessions and thereupon the
27detachment and annexation shall be effective: Provided, however,
28That if there be no delay through litigation or causes beyond
29the control of the councils, the plan shall be filed, as herein
30required, within thirty days after the passage of the annexation
1ordinance by the city council, and, if the proceedings are not
2thus completed, they shall be void in their entirety and of no
3effect. A copy of the plan filed shall be likewise forwarded to
4the Department of Community Affairs of the Commonwealth.]
7[(d) Indebtedness and Public Property when Borough or
8Township is Annexed
9Section 535. Apportionment of Indebtedness of Borough or
10Township; Taxes to be Uniform.--All the indebtedness of each
11borough or township annexed to a contiguous city under the
12provisions of this act, as well as the indebtedness of the city
13to which the same is annexed, shall be paid by the city as
14enlarged by such annexation; and all territory included within
15the limits of the same shall be liable for the payment of the
16floating and bonded indebtedness, and the interest thereon, of
17all the territory included within such enlarged city; and all
18taxes thereafter levied therefor shall be uniform throughout the
19territorial limits of such enlarged city.
20Section 536. Property of Annexed Territory to Become
21Property of City.--All of the public property owned by any such
22borough or township annexed to any city shall become and remain
23the public property of the said city.
24(e) Apportionment of Indebtedness when Part of a Township
25or Outlying Lots are Annexed]
1that part of the said township not annexed, and the city council
2of the said city, shall make a just and proper adjustment and
3apportionment of all public property owned by the said township
4at the time of said annexation, both real and personal,
5including funds as well as indebtedness, if any, to and between
6the said township and the city. In making such adjustment and
7apportionment of the property and indebtedness, the township and
8the city shall be entitled respectively to share in a division
9of the property and indebtedness in the proportion that the
10assessed valuation of the land remaining in the township bears
11to the assessed valuation of the land annexed: Provided,
12however, That where indebtedness was incurred by the township
13for an improvement located wholly within the annexed part of the
14township, the whole of such indebtedness shall be assumed by the
15city, and where any part of any such improvement is located
16within the annexed part of the township, the part of such
17indebtedness representing the part of the improvement located
18within the territory annexed, shall be assumed by the city, and
19the adjustment and apportionment of any remaining debt, and the
20public property of the township shall be made as above provided.
21The adjustment and apportionment as made shall be reduced to
22writing, and duly executed and acknowledged by the proper
23officials, and filed in the office of the clerk of the court of
24quarter sessions of the county in which said city is located. A
25copy of such adjustment and apportionment shall be forwarded by
26the city clerk to the Department of Community Affairs of the
30[Section 541. Appointment of Commission; Contents of
1Report.--In case the said council of the said city and the
2township's authorities cannot make such amicable apportionment
3and adjustment of their property and indebtedness within six
4months after any such annexation, then, in that case, the said
5council or any officer of said township may present a petition
6to the court of quarter sessions of the county in which the said
7city is located. Whereupon the said court shall appoint three
8disinterested commissioners, residents and taxpayers of said
9county not residing in the said city nor in the said township,
10who, after hearing, due notice of which shall be given to the
11city and township interested by publication once in one or more
12newspapers, at least twenty days before said hearing, in accord
13with the provisions of section one hundred and nine of this act,
14shall make report to the court, making an apportionment and
15adjustment according to the provisions of this act of all the
16property as well as indebtedness, if any, to and between the
17said city and the said township, said report to state the
18amount, if any, that shall be due and payable from the city to
19the township, or from the township to the city, as well as the
20amount of indebtedness, if any, that shall be assumed by the
21city or township, or both of them.
22Section 542. Notice of Filing of Report; Exceptions;
23Confirmation.--The commissioners shall give the city and the
24township at least five days' notice of the filing of their
25report. Unless exceptions are filed thereto by the city or by
26the township within thirty days after filing thereof, the same
27shall be confirmed by the court absolutely. Any sum awarded by
28the report to the city or to the township shall be a legal and
29valid claim in its favor against the city or township charged
30therewith, and the amount of debt, if any, apportioned to any
1city or township shall be a legal and valid claim against such
2city or township charged therewith. Any property, real or
3personal, given and adjudged to the city or the township shall
4become and be the property of the city or the township to
5whichever one the same is given and adjudged. Upon such report
6being confirmed, such claim or indebtedness charged against any
7city or township may be collected in the same manner as a
8judgment is collected against any city or township.
9Section 543. Compensation of Commissioners; Costs.--The
10commissioners shall be allowed five dollars per day for each day
11actually spent by them in the performance of their duties,
12together with their actual necessary expenses. All costs and
13expenses of such proceedings shall be apportioned by the court
14to and between the said city and the said township as it shall
18[Section 544. Disposition of Exceptions; Appeal.--In case
19exceptions are filed to the report of the commissioners, the
20court shall dispose of the same, taking testimony if deemed
21advisable, and the decision of the court thereon shall be final
22and binding on the several cities and townships, unless an
23appeal is taken.]
27[Section 545. Jurisdiction when Territory is in Two or More
28Counties.--In cases where a city or township is situated in two
29or more counties, the court of quarter sessions of the county in
30which the city is located shall have exclusive jurisdiction over
1the matter, but the same shall be heard by a judge, not a
2resident of either of the judicial districts affected, who shall
3be called to preside specially in the matter, and, in such
4cases, the court shall appoint the commissioners hereinbefore
5provided for from both or from three of such counties.
6(f) Apportionment of Indebtedness when Part of a
7Borough is Annexed
8Section 550. Apportionment of Indebtedness; Decree of
9Court.--The court of quarter sessions having jurisdiction of the
10city, in cases where any part of a borough is annexed to a city,
11upon a petition of the borough or city, may hear evidence and
12consider the indebtedness and assessed valuation of the borough
13and the city and the assessed valuation of the territory
14annexed, and may enter a decree making such adjustment of the
15indebtedness and the manner and time of the payment thereof as
16to the court may seem meet and proper.
17Section 551. Collection of Taxes Assessed Prior to
18Annexation.--Any taxes assessed prior to the going into effect
19of the proceedings shall be paid to the borough, and the
20collection and enforcement thereof shall be as though the land
21had not been detached.
25[Section 560. Distribution of Annexed Territory Among Wards;
26New Wards; Ward Officers.--Within thirty days from the effective
27date of any annexation, the city council shall cause a petition
28to be presented to the court of quarter sessions of the county
29in which the said city is located, praying for the distribution
30of the annexed territory among the wards of the said city, or
1for the creation of a new ward or wards out of the same, and to
2make such order or decree as may be necessary to constitute such
3ward or wards an election district or election districts, or add
4to or create new election districts in a ward or wards to which
5such territory is attached, and the said court shall, in case of
6the creation of a new ward or wards, appoint the election and
7other officers of the same, and name the place or places of
8holding the first election in the said ward or wards for ward
9officers, and, for that purpose, may order a special election,
10if said court shall deem the same necessary, to be conducted in
11the manner provided by the Pennsylvania Election Code. The
12officers elected at such special election shall hold their
13respective offices until their successors, elected at the next
14succeeding municipal election, shall be duly qualified. Any
15decree of court creating a new ward or wards shall be entered in
16full upon the records of said court and certified copies
17thereof, under the seal of the court, shall be delivered by the
18clerk of said court to and be filed by the city clerk of the
19city and the secretary of the school district in which said ward
20or wards become located. The clerk of the court of quarter
21sessions shall likewise certify copies thereof to the Secretary
22of the Commonwealth and to the Department of Community Affairs.]
25[(h) Annexation of Property Owned by a City]
1A bill may be introduced in council to annex said land,
2setting forth a description of the territory to be annexed and
3the courses and distances of the boundaries of such territory.
4If said bill becomes an ordinance by action of council, a copy
5thereof shall be certified to the Department of Community
9[Section 562. Upon such annexation by ordinance, a plan of
10the territory annexed shall be filed by the city council in the
11office of the county commissioners and with the clerk of the
12court of quarter sessions, and thereupon the annexation shall
14The annexation proceedings authorized by these sections are
15in addition to, and not in substitution of, proceedings
16otherwise provided by law for annexation of territory, and may
17be followed without reference to or compliance with such other
22[(i) Terms and Salaries of Officials and Employes
23of Annexed Territory
24Section 570. Annexation Officials and Employes.--In case of
25annexation, all salaried public officials of territory annexed
26who have theretofore been elected for a definite term shall
27continue to receive during the term for which they were elected
28the same salaries as they would have received except for such
29annexation, and it shall be the duty of the mayor of such city
30to assign to such public officials the performance of such
1suitable services and duties as will be in the public interest
2of the city and particularly of the annexed portion thereof. In
3case of nonelective employes of such annexed borough or
4township, they shall, so far as practicable, be employed at
5corresponding duties by the city in accordance with rules and
6regulations to be established by city ordinance. Tax collectors
7holding office at the date of annexation shall continue to
8perform the duties and receive the emoluments of office for the
9full term for which they were elected, but upon the expiration
10of such term, the office shall be abolished within such
11territory and the duties thereof shall be merged with that of
12the collector of taxes of such city of the third class.
14Section 580. Annexation Ordinances.--In case of annexation,
15all ordinances governing the annexed territory shall remain in
16full force and effect over the annexed territory until
17appropriate ordinances are passed by the Council of the city of
18the third class integrating ordinances of the annexed territory
19with those of the city of the third class.]
26Section 601. Navigable Stream Boundaries.--Whenever any city
27is bounded by the nearest margin of a navigable stream, and an
28opposite [township, borough, or city] municipal corporation is
29also bounded by the nearest margin of the same stream, the
30boundaries of [such] the city shall extend to the center line of
3Section 602. Court to Establish Disputed Boundaries.--[The
4court of quarter sessions, upon petition of any interested
5political subdivision] (a) In any case in which a city or any
6municipal corporation contiguous to the city disputes the
7boundary between them, the court of common pleas, upon petition
8of the city or the contiguous municipal corporation, may
9ascertain and establish the disputed [boundaries between any
10such parties. Whenever the] boundary.
11(b) In any dispute [involves] involving the boundaries of
12counties, the provisions of [the County Code shall apply to that
13extent.] this article shall not supersede the application of the
14relevant provisions of the act of August 9, 1955 (P.L.323,
15No.130), known as "The County Code," and the act of July 28,
161953 (P.L.723, No.230), known as the "Second Class County Code,"
17or any other law applicable to the fixing of county boundaries.
18Section 603. Petition to Court; Commissioners; Report.--Upon
19[such] petition in accordance with section 602(a), the court
20shall appoint [as] three impartial commissioners [three
21impartial qualified electors], who shall have authority to
22employ a professional engineer or surveyor. After giving notice
23to interested parties [affected] by publication once in at least
24one newspaper of general circulation, in conformity with section
25[one hundred and nine of this act, they shall view the disputed
26boundaries] 109, or as directed by the court, the commissioners
27shall hold a hearing and view the disputed boundaries. A
28majority of the commissioners shall make [a prompt] its report
29and recommendations to the court, [which report shall be]
30accompanied [with] by a plot or draft of the lines and
1boundaries proposed [boundary, if the same cannot be fully
2described] to be ascertained and established if they cannot be
3fully designated by natural lines[. The] or boundaries. Upon the
4filing of the report, it shall be confirmed nisi, and the court
5[shall] may make [such] further order [thereupon as to] as it
6shall [seem] deem just and reasonable.
7Section 604. [Reviews;] Exceptions and [Issues.--Any person
8affected may petition the court for a review, or may except to
9the report of the commissioners. When matters of fact are in
10dispute, the court may frame an issue and certify the same for
11trial to the court of common pleas.] Procedure.--Exceptions to
12the report may be filed by any interested person or municipal
13corporation within thirty days after the filing of the report,
14and the court shall set a day for the hearing of the exception.
15Notice of the hearing shall be given as the court may direct.
16After hearing, the court may sustain the exceptions or dismiss
17them and confirm the report or refer the report back to the same
18or new commissioners with authority to make another report. If
19no exceptions are filed within thirty days after the filing of
20the report, the court shall confirm the report absolutely. When
21any report is confirmed absolutely, the court shall enter a
22decree establishing the lines and boundaries as shown in the
24Section 605. Pay and Expenses of Commissioners.--The
25commissioners shall each receive [five dollars per day, for each
26day necessarily employed in the performance of their duties, as
27well as mileage at the rate of ten cents per mile for each mile
28necessarily traveled, and reasonable expenses incurred for
29surveying] reasonable compensation as established by the court
30and reasonable expenses incurred for surveying services, to be
3Section 606. Boundary Monuments.--[Whenever a boundary is
4established pursuant to the preceding sections of] If a
5boundary, ascertained and established pursuant to this article,
6[the court shall cause such part of the same as] cannot be fully
7described by natural lines, the court shall cause it to be
8marked with permanent monuments, placed at intervals not
9exceeding fifteen hundred feet[,] and at the end of any course[,
10and the]. The expense of placing [the said] these monuments,
11[when] as approved by the court, shall be borne equally by the
12[political subdivisions interested, and the court shall compel
13payment of the same according to law] city and any interested
18ELECTED OFFICERS AND ELECTIONS
21Section 701. Elected Officers; Term; Eligible to Reelection;
22Vacancies Where Elected Officer Fails to Qualify.--[The] (a)
23(1) Except as provided in subsection (c), the elected officers
24of each city shall be a mayor, four [councilmen] council
25members, a controller, and a treasurer.
26(2) Except as provided in section [seven hundred and two of
27this act] 702 with respect to the first election of members of
28council, each [of such officers] elected officer shall serve for
29a term of four years from the first Monday of January next
30succeeding [his] the officer's election[,] until the first
1Monday of January in the fourth year thereafter.
2(3) Any such officer shall be eligible to reelection.
3(b) Any person elected to a city office who fails to qualify
4[within thirty days after the first Monday of January following
5his election] in accordance with the provisions of sections 904
6and 905 and, as applicable, section 1001, 1201, 1401 or 1701,
7shall be ineligible to qualify thereafter. A vacancy shall then
8exist in the [said] office and a person shall be appointed to
9fill [said] the vacancy in the manner provided by this act.
10(c) In accordance with this subsection, two additional
11council members may be elected to form a seven-member council
12comprised of six council members and the mayor, or a city that
13has opted for a seven-member council may reestablish a five-
14member council comprised of four council members and the mayor,
15in accordance with the following:
16(1) Upon petition of at least five per centum of the
17registered voters of the city or pursuant to a resolution of
18council, and after approval by a majority of those voting at the
19next municipal or general election, there shall be elected two
20additional council members, so that the council shall be
21comprised of six council members and the mayor.
22(2) The referendum petition or resolution of the council
23certified by the city clerk shall be filed with the county board
24of elections not later than the thirteenth Tuesday before the
25next municipal or general election. The county board of
26elections shall place the question before the electors as
27provided by the Pennsylvania Election Code. The form of the
28question shall be as follows:
1members and the mayor?
10(i) At the first municipal election following approval at a
11general election of the question providing for the election of
12two additional council members, one of the additional council
13members shall be elected for a term of four years and one for a
14term of two years, each to serve from the first Monday of
15January after the election.
16(ii) At the first general election following approval at a
17municipal election of the question providing for the election of
18two additional council members, one of the additional council
19members shall be elected for a term of three years and one for a
20term of one year, each to serve from the first Monday of January
21after the election.
25(5.1) In cities divided into wards, the two new council
26members elected in accordance with clause (5) shall represent
27the city at large. No sooner than four years after the election
28adding two additional council members, the city may change the
29representation of either or both of the two additional seats
30from at-large to ward representation in accordance with Article
1IV or any other law.
2(6) In cities in which the electorate has opted for a seven-
3member council, comprised of six council members and the mayor,
4the city shall return to a five-member council, including the
5mayor, upon petition of at least five per centum of the
6registered voters of the city or pursuant to a resolution of the
7council, and after approval by a majority of electors voting at
8the next municipal or general election. The referendum petition
9or resolution shall be filed with the county board of elections
10not later than the thirteenth Tuesday before the next municipal
11or general election. The county board of elections shall place
12the question before the electors as provided under the
13Pennsylvania Election Code. The form of the question shall be as
18(7) The county board of elections shall tabulate and publish
19in a newspaper of general circulation the results of the
20referendum within thirty days of the election. In no event shall
21the question of reducing the seven-member council be voted on
22more than once in any five-year period.
23(8) At the first municipal election following approval of
24the question providing for the return to a five-member council,
25to be comprised of four council members and the mayor, four
26council members shall be elected to serve from the first Monday
27of January after the election, when the terms of the six council
28members serving on the seven-member council shall cease. The
29four candidates receiving the highest number of votes for the
30office of council member shall be elected. The two candidates
1receiving the first and second highest number of votes shall
2serve for a term of four years. The two candidates receiving the
3third and fourth highest number of votes shall serve for a term
4of two years. After that time, council members shall be elected
5as provided in subsection (a).
6Section 702. First Elections in Newly Created Cities.--(a)
7At the first municipal election occurring at least ninety days
8after the date of the letters patent issued by the Governor
9incorporating [and] the city, the [qualified electors of such]
10registered voters of the city shall elect [a mayor, a treasurer,
11and a controller] city officials as set forth in section 701(a)
12(1). [At such election, the electors of such city shall also
13elect four councilmen.]
14(b) The two candidates for [such office] council receiving
15respectively the highest number of votes at [such] the election
16shall serve for a term of four years from the first Monday of
17January next succeeding their election until the first Monday of
18January in the fourth year thereafter[, and the two candidates
19at such election].
20(c) The two candidates for council receiving the next
21highest number of votes shall serve for a term of two years from
22the first Monday of January next succeeding their election until
23the first Monday of January in the second year thereafter.
24Section 703. Nominations and Elections.--All matters
25relating to nominations of candidates and election of city
26officers shall be governed by the applicable provisions of the
27Pennsylvania Election Code.
1accordance with this article, it shall be the duty of the
2[officer-elect to procure from the] county board of elections to
3issue, and of the officer-elect to procure, a certificate of
4election [as issued by the board, according to law, and to lay
5the same before]. The officer-elect shall present the
6certificate of election to council on the date and time fixed by
7law for [their] its organization[; and the said]. The
8certificate shall be filed among the city archives, and its
9presentation shall be noted in the minutes.
13VACANCIES IN OFFICE
16Section 801. Vacancies in Council and Office of Mayor.--[If
17a vacancy exists in the city council, whether as to the office
18of mayor or one or more of the other members of council, the
19city council shall, by a majority of its remaining members, fill
20such vacancy, within thirty days thereafter, by electing a
21qualified person to serve until that first Monday of January
22when his successor who shall have been elected by the qualified
23electors at the next municipal election, occurring at least
24thirty days after such vacancy exists, is duly sworn into office
25for the remainder of the term of the person originally elected
26to said office.
27In case vacancies should exist whereby the offices of three
28or four of the five members of the city council become vacant,
29the remaining one or two members shall fill such vacancies, one
30at a time, giving each new appointee such reasonable notice of
1his appointment as will enable him to meet and act with the then
2qualified member or members of the city council in making
3further appointments until three members of city council have
4been qualified, whereupon the said three members shall fill the
5remaining vacancies at a meeting attended by the said three
6members of said city council, such appointees to receive a
7majority of the votes of the said three members present at any
8such meeting. The person or persons selected to fill such
9vacancy or vacancies shall hold their offices as herein
11If, by reason of a tie vote, or otherwise, such vacancy shall
12not have been filled by the remaining members of city council
13within the time as limited herein, the court of common pleas,
14upon the petition of ten or more qualified electors shall fill
15such vacancy by the appointment of a qualified person, for the
16portion of the unexpired term as above provided.
17If at any time vacancies should occur or exist in the
18membership of all five members of city council, the court of
19common pleas shall appoint a city council, including a mayor, of
20persons properly qualified, who shall serve as herein provided.]
21(a) Within thirty days of a vacancy in the office of mayor or
22other member of city council, or if an elected mayor or council
23member has failed to qualify pursuant to section 701 prior to
24taking office, the council shall, by a majority of its remaining
25members, appoint a qualified person to fill the vacant office.
26(b) If council does not fill a vacancy within thirty days in
27accordance with subsection (a), or if vacancies should exist in
28the offices of a majority or more of the members of the city
29council, including the position of mayor, the president judge of
30the court of common pleas having jurisdiction within the city
11(d) If necessary to fill the unexpired term of the person
12originally elected to an office that has become vacant, a person
13shall be elected at the municipal election referred to in
14subsection (c) to serve from the first Monday of January after
15that election for the remainder of the unexpired term.
18Section 802. Vacancy in Office of Controller or of
19Treasurer.--[If a vacancy occurs in the office of city
20controller or in the office of city treasurer, the city council
21shall fill such vacancy, within thirty days thereafter, by
22choosing a city controller or a city treasurer, as the case may
23be, to serve until his successor is elected by the qualified
24electors at the next municipal election, occurring at least two
25hundred days after such vacancy occurs, and is duly sworn into
26office. The person so elected shall serve for the remainder of
27the term of the person originally elected to such office.
1petition of ten or more qualified electors shall fill such
2vacancy by the appointment of a qualified person for the portion
3of the unexpired term as above provided.] (a) Within thirty
4days after a vacancy occurs in the office of city controller or
5in the office of city treasurer, or if an elected city
6controller or city treasurer has failed to qualify pursuant to
7section 701 prior to taking office, the council shall appoint a
8qualified person to fill the vacant office.
9(b) If council does not fill a vacancy within thirty days in
10accordance with subsection (a), the president judge of the court
11of common pleas having jurisdiction within the city shall fill
12the vacancy upon the petition of ten or more registered voters
13of the city.
21(d) If necessary to fill the unexpired term of the
22controller or treasurer whose office has become vacant, a person
23shall be elected at the municipal election referred to in
24subsection (c) to serve from the first Monday of January after
25that election for the remainder of the unexpired term.
26(e) In any case in which a person is elected or appointed to
27fill an office for which a bond is required and if, within
28fourteen days of the date that person is scheduled to take the
29oath of office at the organizational meeting of council, the
30person fails to post a bond, the office shall be deemed to be
6GENERAL PROVISIONS RELATING TO CITY
7OFFICERS AND EMPLOYES
10Section 901. Appointment and Removal of Officers and
11Employes; Removal from Elective Office; Employes Not to Hold
12Elective Office.--(a) Council shall have the power of
13appointment and dismissal of all city officers and employes,
14other than elected officers, and shall provide for the removal
15of officers of the city whose offices are established by
16ordinance, except where otherwise provided by this act.
22(i) by impeachment;
27(2) Provisions of this act or other provisions of law
28requiring a forfeiture of office upon the conviction of a crime
29shall apply only if the court determines that the conviction is
30for misbehavior in office or for an infamous crime.
14Section 902. Officers and Employes; Number; Duties;
15Compensation.--[Council shall] (a) Except as otherwise provided
16by this act, council may prescribe, by ordinance, the number,
17duties, and compensation of the officers and employes of the
18city. [No payment of such compensation shall be made from the
19city treasury or be in any way authorized, to any person except
20an officer or employe elected or appointed in pursuance of law.
21No ordinance shall be passed giving any extra compensation to
22any officer, servant, employe or contractor, without previous
23authority of law.]
1(c) Any officer drawing or countersigning any [warrant]
2document authorizing payment, or passing or paying any voucher
3contrary to this section, [shall be guilty of] commits a
4misdemeanor[,] and shall, upon conviction [thereof, shall
5forfeit his office], be subject to forfeiting office in
6accordance with section 901(b)(2) and [be] sentenced to pay a
7fine not exceeding five thousand dollars, or to undergo
8imprisonment not exceeding one year, or both, at the discretion
9of the court.
10Section 903. [Salaries of Officers not to be Increased After
11Election] Changes in Salary, Compensation and Emoluments of
12Officers.--(a) No city shall increase or diminish the salary,
13compensation, or emoluments of any elected officer after [his]
14the officer's election. Any change in salary, compensation or
15emoluments of the elected office shall become effective at the
16beginning of the next term of the member of council or other
20Section 904. Offices to be Held until Qualification of
21Successors.--Any officer of any city, who has been elected or
22appointed and has qualified, shall hold [said] office until
23[his] the officer's successor is elected or appointed and [duly
24qualifies.] takes the oath of office, provides any necessary
25bond and takes any other necessary actions required by law to
26qualify to assume office. Should any elected official fail to
27appear at the organizational meeting of the city council to
28demonstrate the official's qualifications for office and to take
29the oath of office, the official shall fully qualify for office
30and shall take the oath of office within fourteen days of the
1date of the organizational meeting of the council or the office
2of that elected official shall be deemed to be vacant and the
3vacancy shall be filled in the manner provided by this act. When
4the terms of office of more than one council at-large member
5expire, and more than one seated council member are to be
6replaced as the result of an election, and only one of the newly
7elected council members fails to qualify to assume office, those
8members whose terms have expired and who are to be replaced
9shall draw lots to determine which of them shall continue to
10serve on council until the member's successor duly qualifies for
11and takes the oath of office. No person continuing to hold
12office pursuant to this section after the first Monday of
13January which would have marked the end of the person's term
14shall participate in the deliberations concerning or in any vote
15appointing the person's successor.
16Section 905. Oath of Office; Violation of Oath; Penalty.--
17(a) All officers of the city, whether elected or appointed,
18shall, before entering upon their respective duties, take and
19subscribe [the oath prescribed by section 1 of article VII of
20the Constitution of this Commonwealth. Any person refusing to
21take such oath shall forfeit his office. Any person guilty of a
22violation of his oath shall be guilty of a misdemeanor, and,
23upon conviction, shall forfeit his office, and be sentenced to
24pay a fine not exceeding one thousand dollars, or to undergo an
25imprisonment not exceeding one year, or both, at the discretion
26of the court.] an oath or affirmation of office pursuant to 53
27Pa.C.S. § 1141 (relating to form of oaths of office).
1conviction, be sentenced to pay a fine not exceeding one
2thousand dollars or to undergo imprisonment not exceeding one
3year, or both, at the discretion of the court, and shall be
4subject to forfeiting office in accordance with section 901.
5Section 906. Bond to be Given by Officers and Agents.--
6[Council] In addition to the requirements for bonding that may
7be imposed by this act or any other law, council may require
8from all officers and agents of the city, elected or appointed,
9lawful bonds with corporate sureties for the faithful
10performance of their duties. No officer or agent required by law
11or ordinance to give bond, as aforesaid, shall be sworn into
12office or enter upon the duties thereof until such bond shall
13have been duly approved by the proper authority.
14Section 907. Surety Bonds; [Premiums.--When any officer or
15employe of any city is required to give a bond for the faithful
16performance of this duties, such bond shall be endorsed by a
17surety company, and the city shall pay the premium on such bond.
18The bonds of city officers and employes hereafter given shall be
19with corporate sureties and not with individual or personal
20sureties.] Insurance; Premiums.--(a) Unless otherwise provided
21by this act or any other provision of law, the following shall
22apply when any elected or appointed officer or employe of any
23city is required to give a bond:
2(4) The city shall pay the premium on the bond, unless all
3or a portion of the premium on the bond is to be paid by the
4Commonwealth or political subdivisions other than the city, or
5unless provisions are otherwise made in law for payment of the
6premium on the bond, in which case the city shall pay the unpaid
7portion of the premium.
8(5) The bond shall be approved by the city solicitor.
12(b) Except as may be otherwise provided in section 1402,
13when any elected or appointed officer or employe of any city is
14required to give a bond for the faithful performance of the
15officer's or employe's duties, council may, in lieu of the bond,
16purchase one or more blanket bonds for elected or appointed
17officers or employes or it may purchase insurance provided that
18the insurance covers the same events of loss and insures the
19city against the same misconduct as the bond in compliance with
21(c) In addition to any bond required by this act for the
22faithful performance of official duties by any elected or
23appointed officer or employe of any city or any insurance in
24lieu of the bond, council may require city officers or employes
25who as part of their official duties handle money or have money
26in their possession at any time to be covered by adequate
27insurance which provides the types of protection against loss as
28may be designated by council, which may include, but need not be
29limited to, protection against loss through robbery, burglary or
30larceny. The cost of the insurance shall be paid by the city and
1the amount of the insurance shall be fixed by council.
2Section 908. Officers not to Become Surety on Bonds Given to
3City; Penalty.--No member of the council, or any other city
4officer, shall become surety [in] on any bond or obligation
5given to the city by any agent or contractor[,] for the faithful
6performance of any trust, agency, or contract. Any person
7violating any of the provisions of this section [shall be guilty
8of] commits a misdemeanor[,] and shall, upon conviction, [shall
9forfeit his] be subject to forfeiting office in accordance with
10section 901 and [be] sentenced to pay a fine not exceeding one
12Section 909. Moneys and Accounts to be Delivered by Officer
13to Successor.--Every officer of the city receiving or having in
14[his] the officer's possession any money, accounts, property,
15documents or effects belonging to the city shall, upon
16termination of [his] office, deliver the same to the city or to
17[his] the officer's qualified successor. Any person violating
18the provisions of this section shall[, upon summary conviction
19thereof before an alderman or justice of the peace, be sentenced
20to pay a fine of not less than one hundred dollars or more than
21three hundred dollars, and, in default of payment, undergo
22imprisonment not exceeding ninety days. Such failure to deliver
23shall, for each day thereof, be a separate and distinct
24offense.] be subject to prosecution in accordance with the
25applicable provisions of 18 Pa.C.S. (relating to crimes and
26offenses). Nothing set forth in this section may limit any other
27remedies at law or at equity available to the city.
30[Section 910. Receipt of Bribe by Officer or Employe of
1City; Penalty.--Any member of council, or other city officer or
2employe, who shall solicit, demand, or receive, or consent to
3receive, directly or indirectly, for himself or for another,
4from any company, corporation, or persons, any moneys, office,
5appointment, employment, testimonial, reward, thing of value or
6enjoyment or of personal advantage, or promise thereof, for his
7vote or official influence, or for withholding the same, or with
8an understanding, expressed or implied, that his vote or
9official action shall be in any way influenced thereby, or who
10shall solicit or demand such money or other advantage, matter,
11or thing, aforesaid, for another, as the consideration of his
12vote or official influence, or for withholding the same, or who
13shall give or withhold his vote or influence in consideration of
14the payment or promise of such money, advantage, or thing to
15another, shall be guilty of bribery, a felony, and, upon
16conviction thereof, shall be sentenced to pay a fine not
17exceeding ten thousand dollars, and to undergo imprisonment for
18a period not exceeding five years, and shall be forever
19incapable of holding any place of profit or trust in this
21Section 911. Bribery of Officers or Employes; Penalty.--Any
22person who shall, directly or indirectly, offer, give, or
23promise any money or anything of value, testimonial, privilege,
24or personal advantage to any member of council or other city
25officer or employe, to influence him in the performance or
26nonperformance of any of his public or official duties, shall be
27guilty of bribery, and, upon conviction thereof, shall be
28sentenced to pay a fine not exceeding ten thousand dollars, and
29to undergo imprisonment for a period not exceeding five years,
30and shall be forever incapable of holding any place of profit or
1trust in this Commonwealth.
2Section 912. City Property not to be Used by Officers for
3Gain; Penalty.--No portion of the property of the city shall be
4used for private gain by any officer of the city, councilman,
5agent or employe of said city, or any department thereof; nor
6shall the same be wilfully used or injured, or be sold or
7disposed of in any manner by any officer, councilman, agent or
8employe, without the consent of the council. Any person
9violating any of the provisions of this section shall be guilty
10of a misdemeanor, and, upon conviction, shall be sentenced to
11pay a fine not exceeding five hundred dollars, or to undergo
12imprisonment not exceeding one year, or both, at the discretion
13of the court. Upon such conviction, the party offending shall be
14forthwith removed from his office or employment, and shall not
15thereafter be eligible to election or appointment to any place
16of profit or trust under said city, or any department thereof.
17Section 913. City not to Engage in Private Construction.--No
18official, officer, agent or employe of any city or of any
19department, office, institution or agency thereof, shall dispose
20of, or authorize or permit the disposal of, any services,
21materials, supplies or labor belonging to, or paid or contracted
22for by, the city or any of its departments, offices,
23institutions or agencies, in any building, installing, laying or
24other work of construction of any manner of thing, whether
25gratuitously or for a consideration, for private rather than
26public benefit, within or without the city's boundaries, unless
27such disposal is expressly or by necessary implication
28authorized or required by law. This section is intended to
29prohibit encroachment of officials, officers, agents or employes
30of a city upon the markets of legitimate private enterprise
1engaged in all types of construction work. Any official,
2officer, agent or employe of a city or any department, office,
3institution or agency thereof, violating the provisions of this
4section, shall, upon summary conviction thereof, forfeit and pay
5to the city a fine of not less than one hundred nor more than
6three hundred dollars for each such offense, or in default
7thereof undergo imprisonment for not more than ninety days; and
8each day's violation shall constitute a separate and distinct
10Section 914. Warrants or Claims not to be Purchased by
11Officers; Penalty.--No member of the council or other officer of
12such city, shall purchase any warrant, order, or claim for labor
13or supplies furnished to said city, nor be interested, directly
14or indirectly, in the purchase of the same for any sum less than
15the amount specified therein. Any such person violating any of
16the provisions of this section shall be guilty of a misdemeanor,
17and, upon conviction thereof, shall forfeit his office and be
18sentenced to pay a fine not exceeding one hundred dollars.
19Section 915. Imposition of Penalties.--Whenever any offense
20punishable under this article IX shall also be punishable under
21the Penal Code of 1939, the penalties imposed, other than
22forfeiture of office or right to hold office, shall be only
23those prescribed by said Penal Code.]
26Section 916. [City Leagues] Pennsylvania Municipal League
27and Other Municipal Affairs Organizations.--Any city may unite
28with other cities, or with the cities of two or more classes, or
29with any other municipalities, and may form and organize
30[leagues] a league of said cities[,] and municipalities and hold
1annual conventions for the study and consideration of such
2municipal affairs as concern and pertain to the cities and
3municipalities comprising the league. [Each] A city that is a
4member of [a] the league may send delegates thereto and pay the
5necessary expenses incident to their attending [said] the annual
6convention, [and] pay dues to the league, appropriate moneys to
7join and participate in any of the various business and training
8programs of the league designed to address municipal needs in a
9cost-efficient manner and provide a fund for the necessary costs
10and expenses of the league and league conventions and the work
11carried on by [said] the league. Each delegate shall submit to
12the city controller for approval an itemized account of [his]
13the delegate's expenses to be paid [him] under the authority of
14this section. Council is hereby authorized to appropriate
15[monies] moneys for like support of and participation in other
16organizations at the national and State level concerned with
18Section 55. Section 917 of the act is amended to read:
19Section 917. Powers of Subpoena; Compelling Testimony.--[In
20any case where an official or officer of the city or any agency
21thereof created or authorized by this act is specifically
22empowered to conduct hearings and investigations, such officer,
23official or agency] (a) This section applies to any of the
24following that are specifically empowered to conduct hearings
26(1) an officer or official of the city; or
1hearings or investigations, to issue subpoenas for the
2attendance and giving of testimony of [such] witnesses as are
3subject to the subpoenas of the courts of record of this
4Commonwealth, and to issue subpoenas duces tecum as to [such]
6(c) In the case of [any] a city agency, [such] the subpoenas
7shall [issue] be issued in the name of the city and of the
8agency upon the signature of the presiding officer [thereof] of
9the city and the official seal, if any, of the agency. [Any
10person refusing to obey the orders of any such subpoena shall,
11upon summary conviction thereof before an alderman of the city,
12be fined not less than ten nor more than three hundred dollars,
13and in default of payment thereof shall be imprisoned for a
14period not in excess of thirty days. All such fines shall be
15paid to the city treasurer for the use of the city.]
16(d) Subpoenas shall be served by any adult person as
17directed by the city or city agency, in accordance with the
18rules of civil procedure, and return of service shall be filed
19in accordance with law and applicable rules of court.
20(e) Subpoenas issued by any officer or official of the city
21or any city agency shall be enforced in the same manner, and
22violations of a subpoena shall be subject to the same penalties
23as provided by general law for subpoenas of the courts of common
24pleas of the Commonwealth.
27Section 918. Consolidation or Integration of Fire and Police
28Personnel Prohibited.--No city shall consolidate, integrate or
29in any manner reorganize the paid members of the fire [bureau]
30force and the paid members of the police [bureau] force into one
1bureau or organization.
6(a) General Provisions
9Section 1001. Qualifications of [Councilmen.--The
10councilmen] Council Members.--(a) The council members shall be
11at least [twenty-one] eighteen years of age[,] and shall be
12elected by the electors at large[. They shall have been
13residents of the city wherein they shall be elected throughout
14one year next before their election, and shall reside therein
15throughout their terms of service.], subject to the creation of
16wards pursuant to Article IV.
17(b) Council members shall reside in the city from which
18elected and shall have resided in the city continuously for at
19least one year before their election. Prior to being sworn in to
20office and as a condition to qualifying for office, each elected
21council member shall present a signed affidavit to the city
22clerk that states the person resides in the city<-, or, in the
23case of election to a ward office, the ward, from which elected
24and has resided in the city <-or ward continuously for at least
25one year preceding the person's election.
26(c) No officer of the United States or of the Commonwealth
27of Pennsylvania (except notaries public or officers of the
28militia), nor any county officer, nor any officer of any school
29district embraced in the territory of [said] the city, nor any
30officer or employe of [said] the city, or of any department
1[thereof, nor any member or employe of a municipality authority
2of which the city is a member] of the city, shall serve as a
3[councilman during his continuance or] council member while
4continuing to hold the incompatible office or employment, except
5as hereinafter provided.
6Section 59. Section 1002 of the act is amended to read:
12Section 1003. Organization of Council.--[The] On the first
13Monday of January following the regular municipal election, the
14members of council shall assemble [in their] at the usual place
15of meeting[,] for the purpose of organizing[, at ten o'clock in
16the forenoon of the first Monday of January next succeeding the
17regular municipal election]. If the first Monday is a legal
18holiday, the meeting shall be held the first day following [at
19the time herein prescribed]. The mayor shall be the president of
20the council, and a member [thereof] of the council, and shall
21have the same rights and duties, including the introduction of
22bills and the making of motions, as pertain to [councilmen.]
23other council members. Unless otherwise provided by ordinance in
24accordance with section 1101, the vice president of city council
25shall be the member of city council designated as the director
26of the department of accounts and finance or, if a member of
27city council is not the director of that department, the member
28of council appointed by the council as its vice president.
1Section 1004. Oath of [Councilmen] Council Members; Quorum;
2Rules.--(a) The members of council shall take the oath of
3office provided for [by this act, which oath may be administered
4by the city clerk or any other person authorized to administer
5oaths. Three] in section 905.
6(b) A majority of the whole number of members of council
7shall constitute a quorum, but a smaller number may compel the
8attendance of absent members, under penalties to be prescribed
9by ordinance. Only members physically present at a meeting place
10within the city shall be counted in establishing a quorum.
14Section 1005. Meetings of Council; Notice; Participation by
15Telecommunication Device.--(a) The council shall hold stated
16meetings at least once in each month, and at such other times as
17may be fixed by ordinance, and continue them so long as the
18transaction of the public business demands. The mayor [may, and
19upon request of two councilmen must, call special meetings of
20council upon], as president of council, may call special
21meetings of council. A special meeting of council shall be
22called by the mayor upon the request of two council members in
23the case of a five-member council, or upon the request of three
24council members in the case of a seven-member council. In
25addition to any notice required by 65 Pa.C.S. Ch. 7 (relating to
26open meetings), twenty-four hours' notice of a special meeting
27shall be given to each member[, which notice shall state whether
28such meeting is to be convened for special or general business.
29If called for special business, only such business shall be
30considered as is stated in the notice. Such notice may be waived
1by unanimous consent of council]. A special meeting can be a
2special purpose meeting or a general purpose meeting, as
3advertised. Notice of a special meeting shall state the nature
4of the business to be conducted at the meeting.
5(b) Council may provide for the participation of council
6members in meetings of council by means of telecommunication
7devices, such as telephones or computer terminals, which permit,
8at a minimum, audio communication between locations, provided
10(1) A majority of the whole number of members of council are
11physically present at the advertised meeting place within the
12city and a quorum is established at the convening or reconvening
13of the meeting. If after the convening or reconvening of the
14meeting a member has been disqualified from voting as a matter
15of law but is still physically present, council members
16participating by telecommunication device in accordance with
17this section shall be counted to maintain a quorum.
20(i) speak to and hear the comments and votes, if any, of the
21members of council who are physically present as well as other
22members of council who may not be physically present and who are
23also using a telecommunication device to participate in the
27(3) The telecommunication device used permits members of
28council and the members of the public who are physically present
29at the meeting to speak to and hear the comments and vote, if
30any, of the member or members of council who are not physically
1present at the meeting.
5(i) illness or disability of the member of council;
9(iv) family or business travel.
13(c) All meetings of council, whether regular or special,
14shall be open to the public. The council shall be a continuous
15body, and it shall be lawful for any council to complete any
16unfinished business or legislation begun by the preceding
20[Section 1006. Ordinances; Resolutions; Rules and
21Regulations; Imposition of Fines.--The council of every city
22shall pass ordinances, resolutions, rules and regulations in
23accordance with the provisions of this act, and not inconsistent
24therewith, as may be necessary to carry into effect the
25requirements thereof, and may impose fines and penalties for the
26violation of such ordinances, rules and regulations, recoverable
27in the manner hereinafter provided for the recovery of fines and
28penalties for the violation of city ordinances and subject to
29like limitations as to the amount thereof.
30Section 1007. Voting; No Veto; Vote Necessary to Pass
1Ordinance.--Each of the five members of council, shall vote on
2all questions coming before the council, except as hereafter
3provided. The mayor shall have no right of veto. Except as
4otherwise provided in this act, an affirmative vote of three
5members shall be necessary in order to pass any ordinance,
6resolution, rule or regulation.
7Section 1008. Journal of Proceedings; Recording and
8Withholding of Vote.--The council shall keep a journal of its
9proceedings, which shall be in the possession of the city clerk,
10and which shall at all times be open to public inspection. Upon
11every vote, the yeas and nays shall be called and recorded by
12the city clerk. Every motion, resolution, or ordinance shall be
13reduced to writing before the vote is taken thereon. No member
14in attendance shall withhold his vote on any measure, bill or
15question unless the council excuse him and enter the reason upon
17Section 1009. Disclosures of Interest by Councilman.--A
18member who has a personal or private interest in any question,
19measure or bill proposed or pending before the council shall
20disclose the fact to council, and shall not vote thereon, nor
21take any part in the discussion of the same. If such interested
22person shall vote without disclosing his interest in such
23question, measure or bill, he shall forfeit his office, and
24council may avoid the enactment or transaction or not, as it
26Section 1010. Ordinances and Resolutions; Signing by Mayor
27and City Clerk.--Every legislative act of the council shall be
28by resolution or ordinance, and every ordinance which shall have
29passed said council shall be signed by the mayor and attested by
30the city clerk.
1Section 1011. Bills; Titles.--All proposed ordinances shall
2be presented to council in written form as bills and shall be
3numbered serially for the calendar year. They shall not be so
4altered or amended on their passage through council as to change
5their original purpose. No ordinances, except general
6appropriation ordinances, shall be passed containing more than
7one subject, which shall be expressed in its title.]
10[Section 1012. Reading of Bills; Final Passage.--The title
11of every bill shall be read when introduced and on final
12passage, except as to amendments or other changes which shall be
13read at length. A complete copy of every bill introduced shall
14be available for public inspection at the clerk's office during
15regular office hours. No bill shall be passed finally on the
16same day on which it was introduced. At least three days shall
17intervene between its introduction and its final passage. Upon
18final passage, ordinances shall be numbered serially.]
19Section 64. Section 1013 of the act is repealed:
20[Section 1013. Payments not Authorized by Law.--No ordinance
21shall be passed providing for the payment of any money by the
22city without previous authority of law. Any officer drawing or
23countersigning any warrant or passing any voucher for a payment
24not authorized by law, or making such payment, shall be guilty
25of a misdemeanor, and, upon conviction thereof, shall be
26sentenced to pay a fine not exceeding five thousand dollars, and
27undergo imprisonment not exceeding one year.]
30[Section 1014. Time of Taking Effect of Ordinances;
1Publication; Recording; Proof and Evidence; Notice of Building,
2Housing, Fire Prevention, Electrical, Plumbing and Zoning
3Ordinances and Other Standard or Nationally Recognized Codes,
4Maps and Plans.--All ordinances shall, unless otherwise provided
5therein or by law, take effect in ten days after their passage,
6upon their being signed by the mayor and attested by the city
7clerk. Every proposed ordinance, except as otherwise herein
8provided, prescribing a penalty for the violation thereof shall
9be forthwith published not more than sixty days nor less than
10seven days prior to passage in at least one and not more than
11two newspapers printed or circulated within the city, in the
12manner provided by section one hundred and nine of this act.
13Publication of any proposed ordinance shall include either the
14full text thereof or the title and a brief summary prepared by
15the city solicitor setting forth all the provisions in
16reasonable detail and a reference to a place within the city
17where copies of the proposed ordinance may be examined. If the
18full text is not included a copy thereof shall be supplied to
19the same newspaper of general circulation in the city at the
20time the public notice is published. If the full text is not
21included an attested copy thereof shall be filed in the county
22law library or other county office designated by the county
23commissioners who may impose a fee no greater than that
24necessary to cover the actual costs of storing said ordinances.
25In the event substantial amendments are made in the proposed
26ordinance or resolution, before voting upon enactment, council
27shall within ten days readvertise in one newspaper of general
28circulation in the city, a brief summary setting forth all the
29provisions in reasonable detail together with a summary of the
30amendments. All ordinances shall, within one month after their
1passage, be certified and recorded by the city clerk, in a book
2provided by the city for that purpose, which shall be at all
3times open to the inspection of citizens. Any and all city
4ordinances, or portions thereof, the text of which, prior to the
5effective date of this amending act, shall have been attached to
6the city ordinance book, shall be considered in force just as if
7such ordinances, or portions thereof, had been recorded directly
8upon the pages of such ordinance book: Provided, That all other
9requirements of this act applicable to the enactment, approval,
10advertising and recording of such ordinance, or portions
11thereof, were complied with within the time prescribed by this
12act. All ordinances, resolutions, motions or other proceedings
13of council may be proved by the certificate of the city clerk
14under the corporate seal, and when printed or published in book
15or pamphlet form by authority of the city, shall be read and
16received as evidence in all courts and elsewhere without further
17proof. At least one week and not more than three weeks prior to
18the first reading of any proposed building code, ordinance,
19housing code, ordinance, fire prevention code, ordinance,
20electrical code, ordinance, plumbing code, ordinance, or zoning
21ordinance, or any standard or nationally recognized code,
22ordinance, or any changes or variations of any standard or
23nationally recognized code, or parts thereof, by council, an
24informative notice of intention to consider such ordinance and a
25brief summary setting forth the principal provisions of the
26proposed ordinance in such reasonable detail as will give
27adequate notice of its contents, and a reference to the place or
28places within the city where copies of the proposed building
29code, housing code, fire prevention code, electrical code,
30plumbing code, or zoning ordinance or any standard or nationally
1recognized code may be examined or obtained, shall be published
2in the manner herein provided for the publication of ordinances.
3Such building code, ordinance, housing code, ordinance, fire
4prevention code, ordinance, electrical code, ordinance, plumbing
5code, ordinance, or zoning ordinance or any standard or
6nationally recognized code, ordinance, shall not be published
7after adoption, but not less than three copies thereof shall be
8made available for public inspection, and use during business
9hours for at least three months after adoption, and printed
10copies thereof shall be supplied upon demand, at cost. In any
11case in which maps, plans or drawings of any kind are to be
12adopted as part of an ordinance, council may, instead of
13publishing the same as part of the ordinance, refer, in
14publishing the ordinance or a summary thereof, to the place
15where such maps, plans or drawings are on file and may be
19[Section 1014.1. Codification of Ordinances.--(a) When a
20city of the third class shall have caused to be prepared a
21consolidation, codification or revision, containing minor
22nonsubstantive changes of the general body of its ordinances,
23the city council may adopt the consolidation, codification or
24revision, containing minor nonsubstantive changes, as an
25ordinance, in the same manner that is now prescribed by law for
26the adoption of its ordinances except as hereinafter provided.
27(b) A consolidation, codification or revision, containing
28minor nonsubstantive changes of city ordinances, to be enacted
29as a single ordinance, shall be introduced in the city council
30at least thirty days before its final enactment and, at least
1fifteen days before its final enactment, notice of the
2introduction thereof specifying its general nature and content
3shall be given by advertisement in a newspaper of general
4circulation in the city.
5(c) When the consolidation, codification or revision,
6containing minor nonsubstantive changes, is enacted as an
7ordinance, it shall not be necessary to advertise the entire
8text thereof, but it shall be sufficient to publish or advertise
9the table of contents thereof in the manner provided by law for
10the advertising of ordinances, and to state in the advertisement
11if it be the case that the consolidation, codification or
12revision, containing minor nonsubstantive changes, contains a
13penalty or penalties. The advertisement shall indicate a place
14within the city where a copy thereof may be examined.
15(d) The procedure set forth in this section for the
16consolidation, codification or revision, containing minor
17nonsubstantive changes of city ordinances as a single ordinance,
18may also be followed in enacting a complete group or body of
19ordinances repealing or amending existing ordinances as may be
20necessary in the course of preparing a consolidation,
21codification or revision containing minor nonsubstantive changes
22of the city ordinances.
23(e) The consolidation, codification or revision, containing
24minor nonsubstantive changes, may contain matter which, when it
25becomes effective as an ordinance, will operate to adopt by
26reference any building, fire prevention or other standard or
27model code or zoning ordinance and zoning map.]
28Section 67. Section 1015 of the act is amended to read:
1The council of any city may compel the attendance of
2witnesses[,] and the production of books, papers, and other
3evidence[,] at any meeting of the body or any committee
4[thereof] of the council. For that purpose, subpoenas may
5[issue] be issued, signed by the mayor or the [chairman]
6chairperson of the committee, in any pending case of inquiry[,]
7or investigation, [or impeachment,] and the [same] subpoenas may
8be served and executed in any part of this Commonwealth. Any
9member of council and the city clerk shall have power to
10administer oaths to [such] the witnesses. If any witness shall
11refuse to testify as to any fact within [his] the witness's
12knowledge, or to produce any books or papers within [his] the
13witness's possession or under [his] the witness's control[,]
14required to be used as evidence in [any such] the case, the city
15clerk shall [forthwith] report the facts relating to [such] the
16refusal to the court of common pleas. All questions arising upon
17[such] the refusal, and also upon any new evidence[,] not
18included in [said] the clerk's report (which new evidence may be
19offered in behalf of or against such witness), shall at once be
20heard by [said] the court. If the court determines that the
21testimony or evidence required by [such] the witness is legal
22and properly competent[,] and ought to be given or produced by
23[him] the witness, then [said] the court shall make an order
24commanding [such] the witness to testify or produce books or
25papers, or both, as the case may be. If [such] the witness shall
26thereafter, in disobedience of [such] the order of the court,
27refuse to testify or to produce the books or papers[, as
28aforesaid], then the [said] court shall have power to order the
29commitment of [such] the witness for contempt.
30(b) Any person[,] so called as a witness[,] and examined
1under oath[,] shall be liable to indictment, conviction[,] and
2punishment for perjury[,] in the same manner and to the same
3extent as if the witness had been called and examined before any
4committee of the Legislature, or in any judicial proceeding
5before any of the courts of record, in accordance with existing
6laws. [No] A person outside of [such] the city, subpoenaed [as
7aforesaid] under this section, shall be [required to respond to
8the same until he has been furnished with] entitled to be
9reimbursed for mileage to and from [said] the city[,] at the
10[rate of ten cents per mile] maximum mileage rate periodically
11established by the United States Internal Revenue Service, and a
12per diem allowance [of three dollars] as established by council
13for the person's time [his presence is desired] in [said] the
17Section 1016. Salaries.--[Councilmen] (a) Council members
18shall receive for their services during their term of service
19annual salaries, to be fixed by ordinance, payable in [monthly
20or semi-monthly instalments] regular installments. Councils may,
21by the ordinance fixing [said] the salaries, provide for the
22assessment and retention [therefrom] from the salaries of
23reasonable fines for absence from regular or special meetings of
24council or [councilmanic] committees of the council.
25(b) As an alternative to the annual salary method for
26establishing the compensation payable to members of the city
27council, the council may provide that the members of council
28will receive compensation on a per-meeting-attended basis,
29provided that the compensation shall only be payable for duly
30advertised public meetings in which a council member
1participated. If council has provided that members of council
2will receive compensation on a per-meeting basis, council may
3provide for the forfeiture of up to one-twelfth of the annual
4compensation of any council member or impose another appropriate
5penalty for each unexcused absence from regularly scheduled
6legislative council sessions.
10(1) For the term of city [councilmen] council members in
11newly created cities, and until [thereafter] changed by
12ordinance, [the salary of] each [councilman shall be] council
13member may receive a salary as follows:
14[In cities of fifteen thousand inhabitants or under by the
15last United States census, each councilman shall receive a
16salary of nine hundred dollars per annum; where said population
17is between fifteen thousand and thirty thousand, one thousand
18eight hundred dollars per annum; in cities having a population
19above thirty thousand, three thousand six hundred dollars per
30(iv) not more than four thousand one hundred twenty-five
8(2) The compensation to be received by [councilmen shall not
9be increased or diminished after their election; but succeeding
10councils may change all compensation, said change to take effect
11as to councilmen taking office at least six months after the
12passage of the ordinance providing for such change.] council
13members and elected officials in cities other than newly created
14cities shall be fixed by ordinance of council finally enacted at
15least two days prior to the last day fixed by law for candidates
16to withdraw their names from nominating petitions previous to
17the day of the municipal election.
18Section 69. The act is amended by adding a section to read:
19Section 1016.1. Appointment of City Clerk.--(a) The council
20of each city shall appoint a city clerk who shall be an at-will
21employe with no property interest in the city clerk's position
22and whose compensation shall be fixed by ordinance.
23(b) Council may by ordinance or resolution prescribe duties
24of the city clerk in addition to those established by law. The
25city clerk shall have the power of a notary public to administer
26oaths in any matter pertaining to the business of the city or in
27any legal proceeding in which it is interested.
114, 2008 (P.L.6, No.3), known as the "Right-to-Know Law."
4[Section 1017. Enforcement of Ordinances; Recovery and
5Payment Over of Fines and Penalties.--All actions, prosecutions,
6complaints, and proceedings for the violation of the ordinances
7of the city, and for fines, penalties, and forfeitures imposed
8thereby, shall be instituted in the corporate name of the city,
9and be conducted in the manner prescribed by law.
10No warrant shall be issued except upon complaint, upon oath
11or affirmation, specifying the ordinance for the violation of
12which the same is issued. All process shall be directed to and
13be served by any policeman or constable of the city, who shall
14execute the same as may be provided by law.
15Warrants shall be returnable forthwith. Every summons shall
16be returnable in not less than five nor more than eight days
17from the date thereof. Upon such return, like proceedings shall
18be had in all cases as are directed by law for summary
19convictions, or proceedings for the recovery of penalties,
20before justices of the peace, with the same right of appeal from
21any final judgment entered.]
22Section 71. Section 1018 of the act is repealed:
23[Section 1018. Cost of Maintenance of Prisoners in County
24Jails.--When a prisoner shall be committed to any county jail or
25prison in this Commonwealth, either for the nonpayment of a fine
26or penalty imposed for the violation of any city ordinance, or
27while awaiting a hearing upon any charge for the violation of
28any city ordinance, the cost of proceedings and the expenses of
29maintaining such prisoner during his confinement by virtue of
30any such commitment, shall be paid by the city, whose ordinances
1were alleged to have been violated, or to which any such fines
2or penalties are payable. The county in which such city is
3located shall not be liable for any such maintenance, or to any
4officer, magistrate, alderman, or person for any costs of such
9Section 1018.1. Ordinances and resolutions.
12(1) The council of every city shall enact ordinances, in
13accordance with the provisions of this act, as may be
14necessary to carry out the requirements of this act, and may
15impose fines and penalties for the violation of the
16ordinances, recoverable in the manner provided in this act
17for the recovery of fines and penalties for the violation of
18city ordinances and subject to limitations as to the amount
19of the fines and penalties.
20(2) Every legislative act of the council shall be by
21ordinance, and the legislative acts shall include, but not be
22limited to, tax ordinances, general appropriation ordinances
23and all ordinances that exercise the police power of the
24city; regulate land use, development and subdivision; impose
25building, plumbing, electrical, property maintenance, housing
26and similar standards; and otherwise regulate the conduct of
27persons or entities within the city; and impose penalties for
28the violation of the ordinances.
1of a proposed ordinance by a council member be by motion.
6(2) The purposes for which resolutions may be adopted
7shall include, but not be limited to, ceremonial or
8congratulatory expressions of the good will of the council,
9statements of public policy of the council, approval of
10formal agreements of the city, except when the agreements
11arise under a previously approved purchasing system of the
12city, approval of the acquisition, disposition and leasing of
13real property and the approval, when required, of
14administrative rules and regulations arising under State
15statutes or city ordinances.
16(3) When eminent domain proceedings are instituted by
17resolution, notice of the resolution, including a description
18of the subject properties, shall be published once in one
19newspaper of general circulation not more than 60 days nor
20fewer than seven days prior to adoption.
23(a) Voting generally.--Members of council present or
24participating via a telecommunication device shall vote on all
25questions coming before the council, except as may be required
26by the provisions of any public official ethics law which may
27from time to time be applicable to members of city council and
28except as may be excused by a simple majority vote of the
29members of council present at any meeting of the council for
30such cause as they may determine to be appropriate and which
1cause shall be entered upon the journal.
2(b) Veto.--The mayor shall have no right of veto.
3(c) Majority vote.--Except as otherwise provided in this
4act, no ordinance may be enacted or resolution adopted by the
5council without an affirmative vote of a majority of the whole
6number of the members of council.
9The council shall keep a journal of its proceedings, which
10shall be in the possession of the city clerk and which shall at
11all times be open to public inspection. Upon every vote, the
12yeas and nays shall be called and recorded by the city clerk. An
13ordinance shall and a resolution may be reduced to writing
14before the vote is taken on the ordinance or resolution. A
15member of council shall not withhold the member's vote on any
16question coming before the council, unless permitted to do so in
17accordance with section 1018.2(a).
18Section 1018.4. Signing and attesting ordinances.
22Section 1018.5. Proposed ordinances; titles.
23All proposed ordinances shall be presented to council in
24written form as bills and shall be numbered serially for the
25calendar year. No ordinances, except general appropriation
26ordinances, may be enacted containing more than one subject,
27which shall be reasonably identified in its title. No ordinance
28shall be so altered or amended upon enactment by council as to
29change the original purpose. The title of an ordinance shall not
30be considered in the construction or interpretation of the
1ordinance by a court of competent jurisdiction.
4(a) Reading.--The title of every proposed ordinance shall be
5read at least twice, once when introduced and again before final
6enactment by council. Amendments or other changes to the
7proposed ordinance shall be read at length.
11(c) Time frame.--No ordinance shall be finally enacted by
12council on the same day on which it was introduced, and at least
13three days shall intervene between its introduction and its
14final enactment by council.
17Section 1018.7. Payments not authorized by law.
18No ordinance may be enacted or resolution be adopted
19providing for the payment of any money by the city without
20previous authority of law. Any officer executing a document
21authorizing payment or passing a voucher for a payment not
22authorized by law, or making the payment, commits a misdemeanor
23and shall, upon conviction, be sentenced to pay a fine of not
24more than $5,000 and to imprisonment for not more than one year.
25Section 1018.8. Time of taking effect of ordinances.
26All ordinances, except those pertaining to the subjects set
27forth in section 1050(b), and unless otherwise provided by law,
28shall take effect on the tenth day after enactment, upon being
29signed by the mayor and attested by the city clerk.
30Section 1018.9. Publication of proposed ordinances.
1(a) Publication required.--Every proposed ordinance, except
2as otherwise provided in this act, shall be published in a
3newspaper of general circulation not more than 60 days nor fewer
4than seven days prior to enactment.
5(b) Contents.--Except as otherwise provided in law, the
6publication of a proposed ordinance shall include either the
7full text or the title and a summary of the ordinance setting
8forth the provisions in reasonable detail and a reference to a
9place within the city where copies of the proposed ordinance may
10be examined. If the full text is not published, the newspaper in
11which the proposed ordinance is published shall, upon request,
12be furnished a copy of the ordinance.
13(c) Readvertisement.--In the event substantial amendments
14are made in the proposed ordinance, before voting upon
15enactment, council shall within ten days readvertise in one
16newspaper of general circulation a brief summary setting forth
17all the provisions in reasonable detail together with a summary
18of the amendments.
19Section 1018.10. Filing of proposed ordinances.
20(a) Place of filing.--If the full text is not published, an
21attested copy of the proposed ordinance shall be filed when the
22summary of the ordinance is published in the county law library
23or other county office designated by the county commissioners
24who may impose a fee no greater than that necessary to cover the
25actual costs of storing the proposed ordinances. Filing with the
26county may be completed by the submission of an electronic copy
27of the ordinance through a method available, in the sole
28discretion of the county, to permit receipt by the office
29storing municipal ordinances. Upon request by the city, the
30county shall notify the city of the method by which electronic
1copies may be submitted. The county may store the ordinance
2electronically, provided that the public is able to access the
3electronically stored city ordinances during regular business
4hours at the office or at a remote location. The city shall
5retain a printed copy of the e-mail and ordinance as
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
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.
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
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
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
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
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
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.
22(b) [Initiative] Initiating Ordinances
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,
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.
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.
13(ii) The purpose for which the petition is made.
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
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]
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
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.
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
8(c) [Referendum] Reconsidering Ordinances by Electors
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.
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
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[;].
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[;].
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]
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).
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
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
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.]
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.
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
2THE EXECUTIVE DEPARTMENT
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:
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.
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
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
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
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]
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.
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.
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.
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.
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.
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
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
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.]
30(2) in cities with a population of five thousand or more but
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
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
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
7CITY ADMINISTRATOR OR MANAGER
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.
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.
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.
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
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.
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.
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.
11Section 95. Article XIII heading of the act is repealed:
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.
6THE CITY TREASURER
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.
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:
24(b) Council may require two bonds from the city treasurer:
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
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;
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
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."