PRINTER'S NO. 1161
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 19910S1050B1161 - 2 -
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. D10L11PJP/19910S1050B1161 - 3 -