PRIOR PRINTER'S NO. 1830 PRINTER'S NO. 1942
No. 1549 Session of 1987
INTRODUCED BY COY, SHOWERS, SWEET, YANDRISEVITS, LEVDANSKY,
DALEY, MELIO, D. W. SNYDER, DISTLER, PUNT, McCALL,
E. Z. TAYLOR, GLADECK, LASHINGER, STEIGHNER, BUNT, SAURMAN,
TIGUE, PETRARCA AND LIVENGOOD, JUNE 10, 1987
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 24, 1987
AN ACT
1 Amending the act of May 1, 1933 (P.L.103, No.69), entitled "An
2 act concerning townships of the second class; and amending,
3 revising, consolidating, and changing the law relating
4 thereto," further providing for contracts and assessments for
5 lighting.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Clause II of section 702 of the act of May 1,
9 1933 (P.L.103, No.69), known as The Second Class Township Code,
10 reenacted and amended July 10, 1947 (P.L.1481, No.567) and
11 amended July 11, 1980 (P.L.575, No.120), is amended and the
12 section is amended by adding a clause to read:
13 Section 702. Supervisors to Exercise Powers.--The corporate
14 powers of townships of the second class shall be exercised by
15 the township supervisors. Where no specific authority is given
16 for the expenditures incident to the exercise of any power
17 hereinafter conferred, or where no specific fund is designated
18 from which such expenditures shall be made, appropriations for
1 such expenditures shall be made only from the general township
2 fund. In addition to the duties imposed upon them by section 516
3 hereof, they shall have power--
4 * * *
5 [II. Contracts and Assessments for Lighting.--To provide
6 street lights and make regulations for the protection thereof;
7 and upon the petition of the owners of a majority of the lineal
8 feet frontage along any road, highway, or portion thereof within
9 the township, to enter into contract with electric, gas, or
10 other lighting companies to light and illuminate said roads and
11 highways and other public places with electric light, gas light,
12 or other illuminant.
13 When street lights are provided pursuant to such a petition
14 of property owners the township supervisors may annually assess
15 or cause to be assessed the cost and expense of the maintenance
16 of said lights, whether or not the property is exempt from
17 taxation by existing law, by an equal assessment on all property
18 in proportion to the number of feet the same fronts on the
19 street or highway or portion thereof to be lighted. The
20 supervisors may provide for an equitable reduction from the
21 frontage of lots at intersections or where, from the peculiar or
22 pointed shape of lots, an assessment of the full frontage would
23 be inequitable. No such assessment shall be made against any
24 farm land, but vacant lots between built-up sections, whether
25 tilled or untilled, shall not be deemed to be farm lands:
26 Provided, however, That the assessment per front foot against
27 vacant lots shall be only twenty-five per centum of the
28 assessment per foot front against property with improvements
29 thereon. All such assessments for street lighting shall be filed
30 with the township tax collector, who shall give thirty days
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1 written or printed notice that the assessments are due and
2 payable; stating the due date to each party assessed, either by
3 service on the owner of the property, or by mailing such notice
4 to the owner at his last known post office address. The tax
5 collector shall be entitled to the same commission for the
6 collection of such assessments as he is entitled to by law for
7 the collection of the township road tax. If the assessments, or
8 any of them, remain unpaid at the expiration of not exceeding
9 ninety days, the exact time to be fixed by the township
10 supervisors, they shall be placed in the hands of the township
11 solicitor for collection. The solicitor shall collect the same,
12 together with five per centum as attorney's commission, and
13 interest, from the date such assessments were due, by a
14 municipal claim filed against the property of the delinquent
15 owner in like manner as municipal claims are by law filed and
16 collected. Where an owner has two or more lots against which
17 there is an assessment for the same year, all such lots shall be
18 embraced in one claim. All assessments, when collected, shall be
19 paid over to the township treasurer, who shall receive and shall
20 keep the same in a separate account, and pay out the same only
21 upon orders signed by the chairman of the township supervisors,
22 attested by the secretary. The tax collector and the treasurer
23 shall make a report to the auditors of the township annually.]
24 II.1. Contracts and Assessments for Lighting.--To provide
25 street lights and to make regulations therefor within the
26 township or within any district of the township established by
27 the township supervisors for that purpose:
28 A. Upon receipt of a petition signed by eighty per centum of
29 the property owners within any defined area of the township,
30 township supervisors shall establish said defined area as a
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1 lighting district or include such defined area within an
2 existing lighting district and shall provide public lighting
3 within such area.
4 B. The township supervisors may enter into contract with
5 electric, gas or other lighting companies to light and
6 illuminate said roads and highways and other public places with
7 electric light, gas light or other illuminant.
8 C. The township supervisors may pay for the cost of public
9 lighting by any one or combination of the following means
10 regardless of whether the installation of said lighting was
11 initiated by action of the township supervisors or by petition
12 as herein provided:
13 (a) from the general fund;
14 (b) through uniform annual assessments made upon benefited
15 properties on the front-foot basis;
16 (c) by uniform annual assessment upon each property
17 benefited; or
18 (d) by any combination of the above methods or by such other
19 equitable means of assessment as the township supervisors may
20 determine.
21 D. In cases where public street lighting is currently in
22 existence and is being paid for by a certain means or method,
23 the township supervisors may, at its discretion, alter or amend
24 the means of assessing the cost of such lighting.
25 E. Properties shall be subject to assessment for this
26 purpose whether or not the property is exempt from taxation by
27 existing law, by an equal assessment on all property in
28 proportion to the number of feet the same fronts on the street
29 or highway, or portion thereof to be lighted, or by an equal
30 assessment upon each property benefited.
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1 F. If the front foot method of assessment is used, the
2 assessment shall be by equal assessment on all property in
3 proportion to the number of feet the same fronts on the street
4 or highway, or portion thereof to be lighted. The township
5 supervisors may provide for an equitable reduction from the
6 frontage of lots at intersections or where, from the peculiar or
7 pointed shape of lots, an assessment of the full frontage would
8 be inequitable. No such assessment shall be made against any
9 farmland, but vacant lots between built-up sections whether
10 tilled or untilled, shall not be deemed to be farmlands:
11 Provided, however, That the assessment per front foot against
12 vacant lots shall be only twenty-five per centum of the
13 assessment per foot against property with improvements thereon.
14 G. All such annual assessments for street lights, by
15 whatever method used, shall be filed with the township tax
16 collector for collection in the same manner as township taxes
17 are collected and if said assessment is uncollected, the same
18 shall be a lien and shall be collectable in the same manner as
19 other municipal claims. THE ASSESSMENT MAY BE BILLED ON THE <--
20 ANNUAL REAL ESTATE TAX BILL FOR GENERAL TOWNSHIP PURPOSES IF THE
21 TOWNSHIP SUPERVISORS AGREE TO DO SO.
22 H. The township tax collector shall be entitled to the same
23 commission as he is entitled to for the collection of other
24 township taxes.
25 I. All assessments, when collected shall be paid over to the
26 township treasurer, who shall receive and keep the same in a
27 separate account and pay out the same only upon orders signed by
28 the chairman of the township supervisors, attested by the
29 secretary. The tax collector and the treasurer shall make a
30 report to the auditors of the township annually.
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1 Section 2. This act shall take effect in 60 days.
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