PRINTER'S NO. 709

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 645 Session of 1993


        INTRODUCED BY PESCI, TIGUE, NAILOR, HENNESSEY, CAWLEY, GERLACH,
           ARMSTRONG, FAJT AND VEON, MARCH 22, 1993

        REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MARCH 22, 1993

                                     AN ACT

     1  Amending the act of February 1, 1966 (1965 P.L.1656, No.581),
     2     entitled "An act concerning boroughs, and revising, amending
     3     and consolidating the law relating to boroughs," authorizing
     4     boroughs to lease real property to nonprofit drug and alcohol
     5     treatment centers.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  Section 1202 of the act of February 1, 1966 (1965
     9  P.L.1656, No.581), known as The Borough Code, is amended by
    10  adding a clause to read:
    11     Section 1202.  Specific Powers.--The powers of the borough
    12  shall be vested in the corporate authorities. Among the specific
    13  powers of the borough shall be the following, and in the
    14  exercise of any of such powers involving the enactment of any
    15  ordinance or the making of any regulation, restriction or
    16  prohibition, the borough may provide for the enforcement thereof
    17  and may prescribe penalties for the violation thereof or for the
    18  failure to conform thereto:
    19     * * *

     1     (81)  Lease of real property to non-profit corporations for
     2  drug and alcohol prevention and treatment activities. To lease
     3  borough-owned real property to a non-profit corporation without
     4  a requirement for competitive bidding or fair market rental
     5  payments, for the purpose of administering or delivering drug
     6  and alcohol prevention and treatment programs, projects or
     7  services. Notwithstanding any other provision of law, no borough
     8  or official thereof shall become subject to contractual, tort or
     9  other liability as a result of having made or authorized a lease
    10  pursuant to this clause.
    11     Section 2.  This act shall take effect immediately.













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