PRIOR PRINTER'S NO. 1105 PRINTER'S NO. 1696
No. 962 Session of 1983
INTRODUCED BY STUBAN, FRYER, BELFANTI, A. C. FOSTER, JR.,
PHILLIPS AND LEVI, MAY 9, 1983
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 19, 1983
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," further
4 providing for the sale of land to a volunteer fire company, <--
5 VOLUNTEER AMBULANCE SERVICE OR VOLUNTEER RESCUE SQUAD located
6 within the borough.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 1201(4) of the act of February 1, 1966
10 (1965 P.L.1656, No.581), known as The Borough Code, amended June
11 23, 1978 (P.L.530, No.89) and October 4, 1978 (P.L.974, No.193),
12 is amended to read:
13 Section 1201. General Powers.--A borough may:
14 * * *
15 (4) Purchase, acquire by gift, or otherwise, hold, lease,
16 let and convey, by sale or lease, such real and personal
17 property as shall be deemed to be to the best interest of the
18 borough: Provided, That no real estate owned by the borough
19 shall be sold for a consideration in excess of fifteen hundred
1 dollars ($1500), except to the highest bidder after due notice
2 by advertisement for bids in one newspaper of general
3 circulation in the borough. Such advertisement shall be
4 published once not less than ten days prior to the date fixed
5 for the opening of bids, and such date for opening bids shall be
6 announced in such advertisement. The acceptance of bids shall be
7 made only by public announcement at a regular or special meeting
8 of council. All bids shall be accepted on the condition that
9 payment of the purchase price in full shall be made within sixty
10 days of the acceptance of bids. Real estate owned by a borough
11 may be sold at a consideration of fifteen hundred dollars
12 ($1500) or less without advertisement or competitive bidding
13 only after council estimates the value thereof upon receipt of
14 an appraisal by a qualified real estate appraiser.
15 Except as otherwise hereinafter provided in the case of
16 personal property of an estimated sale value of less than two
17 hundred dollars ($200), no borough personal property shall be
18 disposed of, by sale or otherwise, except upon approval of
19 council, by ordinance or resolution. In cases where council
20 shall approve a sale of such property, it shall estimate the
21 sale value of the entire lot to be disposed of. If council shall
22 estimate the sale value to be two hundred dollars ($200) or
23 more, the entire lot shall be advertised for sale once, in at
24 least one newspaper of general circulation in the borough, not
25 less than ten days prior to the date fixed for the opening of
26 bids or public auction, and such date of opening of bids or
27 public auction, shall be announced in such advertisement, and
28 sale of the property so advertised shall be made to the best
29 responsible bidder. Council shall have authority, by resolution,
30 to adopt a procedure for the sale of surplus personal property
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1 of an estimated sale value of less than two hundred dollars
2 ($200) and the approval of council shall not be required for any
3 individual sale that shall be made in conformity to such
4 procedure.
5 The provisions of this clause shall not be mandatory where
6 borough property is to be traded in or exchanged for new borough
7 property.
8 The provisions of this clause requiring advertising for bids
9 and sale to the highest bidder shall not apply where borough
10 real or personal property is to be sold to a county, city,
11 borough, town, township, institution district, school district,
12 a volunteer fire company, VOLUNTEER AMBULANCE SERVICE OR <--
13 VOLUNTEER RESCUE SQUAD located within the borough, or municipal
14 authority pursuant to the Municipality Authorities Act of 1945,
15 is to be sold to a non-profit corporation engaged in community
16 industrial development or where real property is to be sold to a
17 person for his exclusive use in an industrial development
18 program or where real property is to be sold to a non-profit
19 corporation organized as a public library for its exclusive use
20 as a library, or where real property is to be sold to a non-
21 profit medical service corporation as authorized by clause (76)
22 of section 1202 or where real property is to be sold to a non-
23 profit housing corporation as authorized by clause (77) of
24 section 1202. When real property is to be sold to a non-profit
25 corporation organized as a public library for its exclusive use
26 as a library or to a non-profit medical service corporation or
27 to a non-profit housing corporation, council may elect to accept
28 such nominal consideration for such sale as it shall deem
29 appropriate. Real property sold pursuant to this clause to a
30 volunteer fire company, VOLUNTEER AMBULANCE SERVICE OR VOLUNTEER <--
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1 RESCUE SQUAD, non-profit medical service corporation or to a
2 non-profit housing corporation shall be subject to the condition
3 that when the property is not used for the purposes of the
4 company, SERVICE, SQUAD or the corporation the property shall <--
5 revert to the borough.
6 * * *
7 Section 2. This act shall take effect immediately.
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