PRINTER'S NO. 1922
No. 1617 Session of 1989
INTRODUCED BY GODSHALL, FARGO, TRELLO, SERAFINI, BILLOW, REBER,
DISTLER, VROON, CORRIGAN, D. W. SNYDER AND BARLEY,
JUNE 5, 1989
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JUNE 5, 1989
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 the letting of contracts.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 801 of the act of May 1, 1933 (P.L.103,
8 No.69), known as The Second Class Township Code, reenacted and
9 amended July 10, 1947 (P.L.1481, No.567), is amended to read:
10 Section 801. Power to Make Contracts.--[Each township] The
11 board of supervisors may make contracts for lawful purposes and
12 for the purpose of carrying into execution the provisions of
13 this act and the laws of the Commonwealth.
14 Section 2. Section 802(a) and (c) of the act, amended
15 October 4, 1978 (P.L.1026, No.228) and December 17, 1986
16 (P.L.1686, No.198), are amended and the section is amended by
17 adding a subsection to read:
18 Section 802. Letting Contracts.--(a) Each [township] board
1 of supervisors shall have the power to make, to authorize, and
2 to ratify, expenditures for lawful purposes from funds available
3 therefor, by borrowing within legal limitations: [Provided,
4 That] However, all contracts or purchases in excess of four
5 thousand dollars, except those [hereinafter mentioned]
6 specifically excluded, shall not be made except with and from
7 the lowest responsible bidder, after due notice in one newspaper
8 of general circulation, published or circulating in the county
9 in which the township is situated, at least two times, at
10 intervals of not less than three days where daily newspapers of
11 general circulation are employed for such publication, or in
12 case weekly newspapers are employed, then the notice shall be
13 published once a week for two successive weeks. The first
14 advertisement shall be published not more than forty-five days
15 and the second advertisement not less than ten days prior to the
16 date fixed for the opening of bids. Notice of proposed contracts
17 or purchases shall also be posted where the board of supervisors
18 normally meets or in a conspicuous place within the township.
19 Any published notice for bids shall contain full plans and
20 specifications, or refer to the places where copies thereof can
21 be obtained, and give the date, time and place of a meeting at
22 which an individual or committee appointed by the board of
23 supervisors or the board of supervisors shall open and read the
24 bids received.
25 (a.1) If no bids are received on an item after proper
26 notice, the board of supervisors may purchase or enter into
27 contracts in compliance with the provisions of the act of
28 October 27, 1979 (P.L.241, No.78), entitled "An act authorizing
29 political subdivisions, municipality authorities and
30 transportation authorities to enter into contracts for the
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1 purchase of goods where no bids are received."
2 * * *
3 (c) The acceptance of bids shall only be made by public
4 announcement at the meeting at which bids are received, [or at a
5 subsequent meeting] if bids are opened and read by the board of
6 supervisors, or if the bids are received and read by an
7 individual or committee appointed by the board of supervisors,
8 at a subsequent meeting of the board of supervisors, the time
9 and place of which shall be publicly announced when bids are
10 received. If for any reason one or both of the above meetings
11 shall not be held, the same business may be transacted at
12 [subsequent meetings: Provided, That] a subsequent meeting if at
13 least five days' notice thereof shall be published in the
14 [newspaper aforesaid] same newspaper in which the notice of bids
15 was published.
16 * * *
17 Section 3. This act shall take effect in 60 days.
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