PRINTER'S NO. 3124
No. 2311 Session of 1990
INTRODUCED BY GALLEN, MARCH 12, 1990
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MARCH 12, 1990
AN ACT 1 Amending the act of June 24, 1931 (P.L.1206, No.331), entitled 2 "An act concerning townships of the first class; amending, 3 revising, consolidating, and changing the law relating 4 thereto," further providing for the disposal of personal 5 property. 6 The General Assembly of the Commonwealth of Pennsylvania 7 hereby enacts as follows: 8 Section 1. Section 1501 of the act of June 24, 1931 9 (P.L.1206, No.331), known as The First Class Township Code, 10 reenacted and amended May 27, 1949 (P.L.1955, No.569) and 11 amended December 14, 1989 (P.L.624, No.72), is amended to read: 12 Section 1501. Suits; Property.--Townships of the first class 13 may-- 14 I. Sue and be sued. 15 II. 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 township: Provided, That no real estate owned by the township 19 shall be sold for a consideration in excess of one thousand five
1 hundred dollars except to the highest bidder after due notice by 2 advertisement for bids or advertisement of a public auction in 3 one newspaper of general circulation in the township. Such 4 advertisement shall be published once not less than ten days 5 prior to the date fixed for the opening of bids or public 6 auction, and such date for opening bids or public auction shall 7 be announced in such advertisement. The acceptance of bids shall 8 be made only by public announcement at a regular or special 9 meeting of the board of township commissioners or at the public 10 auction. All bids shall be accepted on the condition that 11 payment of the purchase price in full shall be made within sixty 12 days of the acceptance of bids. 13 The board of township commissioners shall have the authority 14 to reject all bids if such bids are deemed to be less than the 15 fair market value of the real property. In the case of a public 16 auction, the board of township commissioners may establish a 17 minimum bid based on the fair market value of the real property. 18 Except as otherwise hereinafter provided in the case of 19 personal property of an estimated sale value of less than [two 20 hundred dollars] five hundred dollars, no township personal 21 property shall be disposed of, by sale or otherwise, except upon 22 approval of the board of township commissioners, by ordinance or 23 resolution. In cases where the board of township commissioners 24 shall approve a sale of such property, it shall estimate the 25 sale value of the entire lot to be disposed of. If the board of 26 township commissioners shall estimate the sale value to be [two 27 hundred dollars] five hundred dollars or more, the entire lot 28 shall be advertised for sale once, in at least one newspaper of 29 general circulation in the township, not less than ten days 30 prior to the date fixed for the opening of bids or public 19900H2311B3124 - 2 -
1 auction, and such date of opening of bids or public auction 2 shall be announced in such advertisement, and sale of the 3 property so advertised shall be made to the best responsible 4 bidder. The board of township commissioners shall have 5 authority, by resolution, to adopt a procedure for the sale of 6 surplus personal property of an estimated sale value of less 7 than two hundred dollars and the approval of the board of 8 township commissioners shall not be required for any individual 9 sale that shall be made in conformity to such procedure. 10 The provisions of this clause shall not be mandatory where 11 township property is to be traded in or exchanged for new 12 township property. 13 The provisions of this clause shall not prohibit the sale or 14 exchange of township property to public utilities. 15 The provisions of this clause requiring advertising for bids 16 or sale at public auction and sale to the highest bidder shall 17 not apply where township real or personal property is to be sold 18 to a county, city, borough, town, township, institution 19 district, school district, volunteer fire company, volunteer 20 ambulance service or volunteer rescue squad located within the 21 township, or municipal authority pursuant to the Municipality 22 Authorities Act of 1945, or to a nonprofit corporation engaged 23 in community industrial development or where real property is to 24 be sold to a person for his exclusive use in an industrial 25 development program or where real property is to be sold to a 26 nonprofit corporation organized as a public library, or where 27 real property is to be sold to a nonprofit medical service 28 corporation as authorized by clause LXXII of section 1502, or 29 where real property is to be sold to a nonprofit housing 30 corporation as authorized by clause LXXIII of section 1502. When 19900H2311B3124 - 3 -
1 real property is to be sold to a nonprofit corporation organized 2 as a public library or to a nonprofit medical service 3 corporation or to a nonprofit housing corporation the board of 4 township commissioners may elect to accept such nominal 5 consideration for such sale as it shall deem appropriate. Real 6 property sold pursuant to this clause to a volunteer fire 7 company, volunteer ambulance service or volunteer rescue squad, 8 nonprofit medical service corporation or to a nonprofit housing 9 corporation shall be subject to the condition that when the 10 property is not used for the purposes of the company, service, 11 squad or the corporation the property shall revert to the 12 township. 13 Any officer who sells and each officer who votes in favor of 14 selling any township property, either real or personal, without 15 the provisions of this section having been complied with, shall 16 be subject to surcharge in the amount of any loss sustained by 17 the township by reason of such sale. 18 Section 2. This act shall take effect in 60 days. B9L73JS/19900H2311B3124 - 4 -