PRINTER'S NO. 1161

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1050 Session of 1991


        INTRODUCED BY BORTNER, BELAN, REIBMAN, HELFRICK, PORTERFIELD AND
           AFFLERBACH, MAY 13, 1991

        REFERRED TO LOCAL GOVERNMENT, MAY 13, 1991

                                     AN ACT

     1  Amending the act of July 15, 1957 (P.L.901, No.399), entitled
     2     "An act giving cities of the third class the right and power
     3     to adopt one of several plans of optional charters and to
     4     exercise the powers and authority of local self-government
     5     subject to certain restrictions and limitations; providing
     6     procedures for such adoption and defining the effect
     7     thereof," further providing for the powers and duties of the
     8     mayor and of the city manager.

     9     The General Assembly of the Commonwealth of Pennsylvania
    10  hereby enacts as follows:
    11     Section 1.  Section 413 of the act of July 15, 1957 (P.L.901,
    12  No.399), known as the Optional Third Class City Charter Law, is
    13  amended by adding a subsection to read:
    14     Section 413.  * * *
    15     (d)  The mayor, or a person designated under section 414 to
    16  act as mayor, may require that bids be accompanied by a good
    17  faith tender of either cash, a certified check, a cashier's
    18  check, a corporate surety bond, or other irrevocable letter of
    19  credit in a reasonable amount. The advertisement soliciting bids
    20  shall set forth the requirement, when applicable, and the amount


     1  to be tendered. If a bidder is selected but is unable to
     2  perform, the city may retain the amount tendered with the bid as
     3  damages.
     4     Section 2.  Section 516 of the act is amended to read:
     5     Section 516.  (a)  The city manager shall:
     6     (1)  Be the chief executive and administrative official of
     7  the city;
     8     (2)  Execute all laws and ordinances of the city;
     9     (3)  Appoint and have power to remove a deputy manager, if
    10  one be authorized by the council, all department heads and all
    11  other officers, subordinates, and assistants for whose selection
    12  or removal no other method is provided in this article, except
    13  that he may authorize the head of a department to appoint and
    14  remove subordinates in such department, supervise and control
    15  his appointees, and report all appointments or removals at the
    16  next meeting thereafter of the city council;
    17     (4)  Negotiate contracts for the city, subject to the
    18  approval of the city council, make recommendations concerning
    19  the nature and location of municipal improvements, and execute
    20  municipal improvements as determined by the city council;
    21     (5)  See that all terms and conditions imposed in favor of
    22  the city or its inhabitants in any statute, public utility
    23  franchise or other contract are faithfully kept and performed,
    24  and upon knowledge of any violation, call the same to the
    25  attention of the city council;
    26     (6)  Attend all meetings of the city council with the right
    27  to take part in the discussions, but without the right to vote;
    28     (7)  Recommend to the city council for adoption such measures
    29  as he may deem necessary or expedient, keep the council advised
    30  of the financial condition of the city, make reports to the
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     1  council as requested by it, and at least once a year make an
     2  annual report of his work for the benefit of the council and the
     3  public;
     4     (8)  Investigate at any time the affairs of any officer or
     5  department of the city which is under his jurisdiction;
     6     (9)  Perform such other duties as may be required of the city
     7  manager by ordinance or resolution of the city council;
     8     (10)  The city manager shall be responsible to the council
     9  for carrying out all policies established by it and for the
    10  proper administration of all affairs of the city within the
    11  jurisdiction of the council.
    12     (b)  The city manager may require that bids be accompanied by
    13  a good faith tender of either cash, a certified check, a
    14  cashier's check, a corporate surety bond, or other irrevocable
    15  letter of credit in a reasonable amount. The advertisement
    16  soliciting bids shall set forth the requirement, when
    17  applicable, and the amount to be tendered. If a bidder is
    18  selected but is unable to perform, the city may retain the
    19  amount tendered with the bid as damages.
    20     Section 3.  This act shall take effect in 60 days.







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