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ARTICLE X

THE COUNCIL

 

(a)  General Provisions

 

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Section 1001.  Qualifications of Councilmen.--The councilmen shall be at least twenty-one years of age, and shall be elected by the electors at large. They shall have been residents of the city wherein they shall be elected throughout one year next before their election, and shall reside therein throughout their terms of service. No officer of the United States or of the Commonwealth of Pennsylvania (except notaries public or officers of the militia), nor any county officer, nor any officer of any school district embraced in the territory of said city, nor any officer or employe of said city, or of any department thereof, nor any member or employe of a municipality authority of which the city is a member, shall serve as a councilman during his continuance or employment, except as hereinafter provided.

(1001 amended July 27, 1973, P.L.230, No.60)

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

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Section 1003.  Organization of Council.--The members of council shall assemble in their place of meeting, for the purpose of organizing, at ten o'clock in the forenoon of the first Monday of January next succeeding the regular municipal election. If the first Monday is a legal holiday, the meeting shall be held the first day following at the time herein prescribed. The mayor shall be the president of the council, and a member thereof, and shall have the same rights and duties, including the introduction of bills and the making of motions, as pertain to councilmen.

(1003 amended Apr. 9, 1957, P.L.53, No.27)

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Section 1004.  Oath of Councilmen; Quorum; Rules.--The members of council shall take the oath of office provided for by this act, which oath may be administered by the city clerk or any other person authorized to administer oaths. Three members of council shall constitute a quorum, but a smaller number may compel the attendance of absent members, under penalties to be prescribed by ordinance. The council may determine its own rules.

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Compiler's Note:  Section 3(3) of Act 76 of 2008 provided that all acts and parts of acts are repealed insofar as they are inconsistent with Act 76. Section 1 of Act 76 amended 53 Pa.C.S. Ch. 11 (relating to general provisions) by adding section 1141 (relating to form of oaths of office), which provides the form of oaths of office for elected or appointed officials of municipalities.

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Section 1005.  Meetings of Council; Notice.--The council shall hold stated meetings at least once in each month, and at such other times as may be fixed by ordinance, and continue them so long as the transaction of the public business demands. The mayor may, and upon request of two councilmen must, call special meetings of council upon twenty-four hours' notice to each member, which notice shall state whether such meeting is to be convened for special or general business. If called for special business, only such business shall be considered as is stated in the notice. Such notice may be waived by unanimous consent of council. All meetings of council, whether regular or special, shall be open to the public. The council shall be a continuous body, and it shall be lawful for any council to complete any unfinished business or legislation begun by the preceding council.

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

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Section 1007.  Voting; No Veto; Vote Necessary to Pass Ordinance.--Each of the five members of council, shall vote on all questions coming before the council, except as hereafter provided. The mayor shall have no right of veto. Except as otherwise provided in this act, an affirmative vote of three members shall be necessary in order to pass any ordinance, resolution, rule or regulation.

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

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

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

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Section 1011.  Bills; Titles.--All proposed ordinances shall be presented to council in written form as bills and shall be numbered serially for the calendar year. They shall not be so altered or amended on their passage through council as to change their original purpose. No ordinances, except general appropriation ordinances, shall be passed containing more than one subject, which shall be expressed in its title.

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

(1012 amended July 30, 1975, P.L.130, No.64)

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

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Section 1014.  Time of Taking Effect of Ordinances; Publication; Recording; Proof and Evidence; Notice of Building, Housing, Fire Prevention, Electrical, Plumbing and Zoning Ordinances and Other Standard or Nationally Recognized Codes, Maps and Plans.--All ordinances shall, unless otherwise provided therein or by law, take effect in ten days after their passage, upon their being signed by the mayor and attested by the city clerk. Every proposed ordinance, except as otherwise herein provided, prescribing a penalty for the violation thereof shall be forthwith published not more than sixty days nor less than seven days prior to passage in at least one and not more than two newspapers printed or circulated within the city, in the manner provided by section one hundred and nine of this act. Publication of any proposed ordinance shall include either the full text thereof or the title and a brief summary prepared by the city solicitor setting forth all the provisions in reasonable detail and a reference to a place within the city where copies of the proposed ordinance may be examined. If the full text is not included a copy thereof shall be supplied to the same newspaper of general circulation in the city at the time the public notice is published. If the full text is not included an attested copy thereof shall be filed in the county law library or other county office designated by the county commissioners who may impose a fee no greater than that necessary to cover the actual costs of storing said ordinances. In the event substantial amendments are made in the proposed ordinance or resolution, before voting upon enactment, council shall within ten days readvertise in one newspaper of general circulation in the city, a brief summary setting forth all the provisions in reasonable detail together with a summary of the amendments. All ordinances shall, within one month after their passage, be certified and recorded by the city clerk, in a book provided by the city for that purpose, which shall be at all times open to the inspection of citizens. Any and all city ordinances, or portions thereof, the text of which, prior to the effective date of this amending act, shall have been attached to the city ordinance book, shall be considered in force just as if such ordinances, or portions thereof, had been recorded directly upon the pages of such ordinance book: Provided, That all other requirements of this act applicable to the enactment, approval, advertising and recording of such ordinance, or portions thereof, were complied with within the time prescribed by this act. All ordinances, resolutions, motions or other proceedings of council may be proved by the certificate of the city clerk under the corporate seal, and when printed or published in book or pamphlet form by authority of the city, shall be read and received as evidence in all courts and elsewhere without further proof. At least one week and not more than three weeks prior to the first reading of any proposed building code, ordinance, housing code, ordinance, fire prevention code, ordinance, electrical code, ordinance, plumbing code, ordinance, or zoning ordinance, or any standard or nationally recognized code, ordinance, or any changes or variations of any standard or nationally recognized code, or parts thereof, by council, an informative notice of intention to consider such ordinance and a brief summary setting forth the principal provisions of the proposed ordinance in such reasonable detail as will give adequate notice of its contents, and a reference to the place or places within the city where copies of the proposed building code, housing code, fire prevention code, electrical code, plumbing code, or zoning ordinance or any standard or nationally recognized code may be examined or obtained, shall be published in the manner herein provided for the publication of ordinances. Such building code, ordinance, housing code, ordinance, fire prevention code, ordinance, electrical code, ordinance, plumbing code, ordinance, or zoning ordinance or any standard or nationally recognized code, ordinance, shall not be published after adoption, but not less than three copies thereof shall be made available for public inspection, and use during business hours for at least three months after adoption, and printed copies thereof shall be supplied upon demand, at cost. In any case in which maps, plans or drawings of any kind are to be adopted as part of an ordinance, council may, instead of publishing the same as part of the ordinance, refer, in publishing the ordinance or a summary thereof, to the place where such maps, plans or drawings are on file and may be examined.

(1014 amended Dec. 1, 1977, P.L.242, No.78)

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

(b)  A consolidation, codification or revision, containing minor nonsubstantive changes of city ordinances, to be enacted as a single ordinance, shall be introduced in the city council at least thirty days before its final enactment and, at least fifteen days before its final enactment, notice of the introduction thereof specifying its general nature and content shall be given by advertisement in a newspaper of general circulation in the city.

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

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

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

(1014.1 added July 10, 1957, P.L.631, No.340)

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Section 1015.  Attendance of Witnesses and Production of Books Before Council or Committee Thereof.--The council of any city may compel the attendance of witnesses, and the production of books, papers, and other evidence, at any meeting of the body or any committee thereof. For that purpose, subpoenas may issue, signed by the mayor or the chairman of the committee, in any pending case of inquiry, investigation, or impeachment, and the same may be served and executed in any part of this Commonwealth. Any member of council and the city clerk shall have power to administer oaths to such witnesses. If any witness shall refuse to testify as to any fact within his knowledge, or to produce any books or papers within his possession or under his control, required to be used as evidence in any such case, the city clerk shall forthwith report the facts relating to such refusal to the court of common pleas. All questions arising upon such refusal, and also upon any new evidence, not included in said clerk's report (which new evidence may be offered in behalf of or against such witness), shall at once be heard by said court. If the court determines that the testimony or evidence required by such witness is legal and properly competent, and ought to be given or produced by him, then said court shall make an order commanding such witness to testify or produce books or papers, or both, as the case may be. If such witness shall thereafter, in disobedience of such order of the court, refuse to testify or to produce books or papers, as aforesaid, then the said court shall have power to order the commitment of such witness for contempt.

Any person, so called as a witness, and examined under oath, shall be liable to indictment, conviction, and punishment for perjury, in the same manner and to the same extent as if the witness had been called and examined before any committee of the Legislature, or in any judicial proceeding before any of the courts of record, in accordance with existing laws. No person outside of such city, subpoenaed as aforesaid, shall be required to respond to the same until he has been furnished with mileage to and from said city, at the rate of ten cents per mile, and a per diem allowance of three dollars for the time his presence is desired in said city.

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Section 1016.  Salaries.--Councilmen shall receive for their services during their term of service annual salaries, to be fixed by ordinance, payable in monthly or semi-monthly instalments. Councils may, by the ordinance fixing said salaries, provide for the assessment and retention therefrom of reasonable fines for absence from regular or special meetings of council or councilmanic committees. The salary paid to any councilman shall not be less than two hundred and fifty dollars per year. For the term of city councilmen in newly created cities, and until thereafter changed by ordinance, the salary of each councilman shall be as follows:

In cities of fifteen thousand inhabitants or under by the last United States census, each councilman shall receive a salary of nine hundred dollars per annum; where said population is between fifteen thousand and thirty thousand, one thousand eight hundred dollars per annum; in cities having a population above thirty thousand, three thousand six hundred dollars per annum. The compensation to be received by councilmen shall not be increased or diminished after their election; but succeeding councils may change all compensation, said change to take effect as to councilmen taking office at least six months after the passage of the ordinance providing for such change.

(1016 amended May 11, 1959, P.L.307, No.54)

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

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

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

(1017 repealed in part Apr. 28, 1978, P.L.202, No.53)

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Section 1018.  Cost of Maintenance of Prisoners in County Jails.--When a prisoner shall be committed to any county jail or prison in this Commonwealth, either for the nonpayment of a fine or penalty imposed for the violation of any city ordinance, or while awaiting a hearing upon any charge for the violation of any city ordinance, the cost of proceedings and the expenses of maintaining such prisoner during his confinement by virtue of any such commitment, shall be paid by the city, whose ordinances were alleged to have been violated, or to which any such fines or penalties are payable. The county in which such city is located shall not be liable for any such maintenance, or to any officer, magistrate, alderman, or person for any costs of such proceedings.

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(b)  Initiative

 

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Section 1030.  Initiation of Proposed Ordinances by Petition; Exceptions.--Any proposed ordinance may be submitted to the council by a petition signed by the electors of any city, as hereinafter provided, except:

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

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

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

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Section 1032.  Signing; Oath.--The signing shall be done in the city clerk's office only. The petition shall be retained there at all times during the period of fifteen days. Each signer shall add to his signature his place of residence by street and number, and shall make oath before the city clerk that he is a qualified elector of the city and resides at the address given. The city clerk shall keep his office open for the purpose of permitting voters to sign such petition from eight o'clock ante meridian to ten o'clock post meridian of each day except Sundays and holidays. He shall not permit any person to sign such petitions after ten o'clock post meridian on the last day for signing the same.

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Section 1033.  Number of Signatures; Examination and Certificate by City Clerk.--At the expiration of the fifteen days aforesaid, and within ten days thereafter, the city clerk shall examine such petition, and, from the record of registered voters of the city, ascertain whether or not said petition is signed by voters equal to twenty per centum of all votes cast for all candidates for mayor at the last preceding municipal election at which a mayor was elected. If necessary, the council shall allow the city clerk extra help for that purpose. The city clerk shall attach to said petition his certificate showing the result of said examination. If less than the required twenty per centum is certified, the petition shall fail and shall be filed in the office of the city clerk.

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

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

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

(b)  Forthwith, after the clerk shall attach to the petition accompanying such ordinance his certificate of sufficiency, the council shall call a special election to be held at the time of the next general, municipal or primary election occurring at least ninety days thereafter; and at such election, such proposed ordinance shall be submitted without alteration to the vote of the electors of the said city. Notice of such election shall be given as provided by the Pennsylvania Election Code.

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Section 1036.  Form of Ballot or Ballot Label on Submission to Vote.--The ballots or ballot labels used when voting upon said ordinance shall be supplied by the county board of elections, and shall contain a question, stating the nature of the proposed ordinance, followed by the words "yes" and "no" and shall be as provided in the Pennsylvania Election Code. The votes shall be counted and returns thereof made and computed as provided in section ten hundred and sixty-two of this act.

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

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Section 1038.  No Repeal Within Two Years.--Any ordinance so proposed by petition, whether passed by council or adopted by a vote of the electors, cannot be repealed or amended within two years of its effective date except by a vote of the electors.

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Section 1039.  Number of Proposed Ordinances to be Submitted; Special Elections Limited.--Any number of proposed ordinances may be voted upon at the same election, in accordance with the provisions of this subdivision: Provided, That the same subject matter shall not be submitted by petition oftener than once in three years.

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Section 1040.  Submission for Repeal by Council.--The council may submit a proposition for the repeal or amendment of any such ordinance to be voted upon at any succeeding municipal, general or primary election, occurring at least ninety days thereafter. Should such proposition, so submitted, receive a majority of the votes cast thereon at such election, such ordinance shall thereby be repealed or amended accordingly.

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Section 1041.  Publication of Proposed Ordinance; Repeal or Amendment.--Whenever any proposed ordinance is to be submitted to the voters of the city at any election, or any ordinance is submitted by council for repeal or amendment, notice thereof shall be published as required by the Pennsylvania Election Code.

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(c)  Referendum

 

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Section 1050.  Referendum; Exceptions.--No ordinance passed by council shall go into effect before ten (10) days from the time of its final passage, except:

(a)  Ordinances expressly required to be passed by the general laws of the State or by the provisions of any act of Assembly, or the provisions of which and the matters to be carried out thereunder are subject to the approval of an officer or tribunal of the State Government;

(b)  Ordinances providing for tax levies, annual and other appropriations, and for the exercise of the right of eminent domain;

(c)  Ordinances for the preservation of the public peace, health, morals, safety, and in the exercise of the police powers of the city government, and for the prevention and abatement of nuisances;

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

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

(f)  Ordinances for the construction of sewers, and for the purpose of keeping the streets, highways, and sidewalks in good order and repair and in a safe and passable condition.

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Section 1051.  Petition; Reconsideration of Ordinance.--If, during such period of ten days from the time of its final passage, a petition signed by electors of the city equal in number to at least twenty per centum of the entire vote cast for all candidates for mayor at the last preceding municipal election at which a mayor was elected, protesting against the passage of any ordinance other than those excepted from the provisions of this subdivision by the foregoing section, is presented to the council, said ordinance shall be suspended from going into operation, and council shall reconsider such ordinance.

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Section 1052.  Preparation of Petition by City Clerk; Notice.--Such petition shall be prepared by the city clerk immediately upon receipt by him of written request of one hundred qualified electors of the city asking that the same be prepared. Upon its preparation, he shall give notice by one insertion in one of the daily newspapers, if one be published in the city, and, if not, then in a weekly or daily newspaper published in the county, that such petition is ready for signing and the purpose of the petition, giving the place where and time when it may be signed. The said signing shall be done only in the city clerk's office, where the petition shall be retained during the period of ten days after the passage of the said ordinance.

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Section 1053.  Additional Petitions.--In order to facilitate the signing of such petition, the city clerk shall cause to be made at least two additional similar petitions for signing by the qualified electors, and the signing of such petitions shall have the same force and effect as the signing of the original petition. The city clerk is hereby authorized to employ at least two persons to take charge of said additional petitions; the city clerk and said persons hereby empowered to administer the oath hereinafter required to be taken by the electors. This section shall apply as well to petitions initiating ordinances.

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Section 1054.  Signatures; Oath; Time of Signing.--Each signer shall add to his signature his place of residence by street and number, and shall make oath before the city clerk, or other person authorized as aforesaid, that he is a qualified elector of the city and resides at the address given. The city clerk shall keep his office open for the purpose of signatures to the petitions from eight o'clock ante meridian to ten o'clock post meridian of each day except Sundays and holidays. He shall not permit any person to sign any of the said petitions after ten o'clock post meridian of the tenth day following the passage of the ordinance on which the referendum vote is prayed for.

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Section 1055.  Presentation of Petition to Council.--At the expiration of said ten days, the said petition shall be deemed and taken to be filed with and presented to the council, and it shall be the duty of the city clerk to lay the same before the council at its first meeting thereafter.

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Section 1056.  Ascertainment of Number of Signers; Report.--After its presentation, the city clerk shall ascertain from the record of registered voters of the city whether or not said referendum petition is signed by voters equal to twenty per centum of all the votes cast for mayor at the last preceding municipal election at which a mayor was elected. If necessary, the council shall allow him extra help for that purpose, and, after he has made said examination, he shall report the result thereof to council.

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

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Compiler's Note:  Section 302(d) of Act 177 of 1988, known as the General Association Act of 1988, provided that section 1057 is repealed insofar as it is inconsistent with 15 Pa.C.S § 1511.

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

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Section 1059.  Effect of Petition; Submission to Voters.--If, in any case, it shall appear that the petitions provided for in this subdivision have not been signed by the requisite number of voters, no action shall be taken, but the ordinances shall be deemed and taken to be in full force from the time or times they each would have gone into effect had there been no petition against the same. But in case such petitions are signed by electors equal to twenty per centum of all the votes cast for mayor as aforesaid, the council shall reconsider such ordinance, and if the same is not entirely repealed, the council shall call a special election, to be held at the time of the next general or municipal or primary election occurring not less than sixty days therefrom. At such election the said ordinance shall be submitted without alteration in accordance with the Pennsylvania Election Code.

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Section 1060.  Certification of County Board of Elections; Ballots or Ballot Labels; Expense of Elections.--The city clerk shall certify to the county board of elections a copy of the ordinance and the proceedings of council directing the referendum vote, and the county board of elections shall cause the question to be printed for use in the election districts of the city. The preparation of ballots or ballot labels for and the holding of special elections shall be as provided in the Pennsylvania Election Code. Any number of ordinances may be referred and voted on at the same election.

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Section 1061.  Form of Ballot or Ballot Label.--The ballot used when voting upon such ordinance shall contain a question stating the nature of the referred ordinance followed by the words "yes" and "no" and shall be as provided in the Pennsylvania Election Code.

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Section 1062.  Computing and Filing Returns.--The officers holding said elections shall keep tally sheets and make returns of votes in the same manner as tally sheets are kept and returns made in elections of officers and the submission of other questions as provided by the Pennsylvania Election Code. The returns shall be filed with the county board of elections which shall compute the returns and certify the results thereof to the city council. The returns and certifications of all special elections shall be made as provided in the Pennsylvania Election Code.

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

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Section 1064.  Publication of Ordinance Before Election.--Before any referendum election is held on any ordinance, a copy of the ordinance which is to be submitted to the vote of the people shall be published as required by the Pennsylvania Election Code.