PRINTER'S NO. 911
No. 838 Session of 1993
INTRODUCED BY CORMAN, PECORA, STOUT, BORTNER AND BAKER,
MARCH 30, 1993
REFERRED TO LOCAL GOVERNMENT, MARCH 30, 1993
AN ACT
1 Amending Title 53 (Municipalities Generally) of the Pennsylvania
2 Consolidated Statutes, adding revised, codified and compiled
3 provisions relating to local government; and making repeals.
4 TITLE 53
5 MUNICIPALITIES GENERALLY
6 PART I. PRELIMINARY PROVISIONS
7 Chapter 1. General Provisions
8 § 101. Short title of title.
9 PART II. CREATION, TERRITORY, ALTERATION AND DISSOLUTION
10 Chapter 9. Municipal Reapportionment
11 § 901. Short title and scope of chapter.
12 § 902. Definitions.
13 § 903. Reapportionment by governing body.
14 § 904. Reapportionment by court upon petition.
15 § 905. Compensation of commissioners and payment of costs.
16 § 906. Contest of reapportionment by governing body.
17 § 907. Costs and expenses of contest.
18 § 908. Retention in office and new elections.
1 PART III. GOVERNMENT AND ADMINISTRATION
2 SUBPART A. GENERAL PROVISIONS
3 Chapter 11. General Provisions
4 Subchapter B. Emergency Seat of Government
5 § 1121. Scope of subchapter.
6 § 1122. Establishment and designation.
7 § 1123. Exercise of powers and functions.
8 § 1124. Applicability of subchapter.
9 Subchapter C. Emergency Succession of Officers
10 § 1131. Scope of subchapter.
11 § 1132. Declaration of policy.
12 § 1133. Definitions.
13 § 1134. Enabling authority for emergency interim successors for
14 local offices.
15 § 1135. Emergency interim successors for local officers.
16 § 1136. Formalities of taking office.
17 § 1137. Succession period.
18 § 1138. Term and removal of designees.
19 SUBPART B. GOVERNING BODY
20 Chapter 13. General Provisions
21 Subchapter F. Records
22 § 1381. Short title and scope of subchapter.
23 § 1382. Definitions.
24 § 1383. Disposition of public records.
25 § 1384. Proposed retention and disposal schedules.
26 § 1385. Local Government Records Committee.
27 § 1386. Effect of approval of schedule.
28 § 1387. Nonliability of official.
29 § 1388. Destruction of original records.
30 § 1389. Applicability of other statutes.
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1 SUBPART C. EXECUTIVE DEPARTMENTS, OFFICERS AND EMPLOYEES
2 Chapter 21. Employees
3 Subchapter D. Municipal Police Education and Training
4 § 2161. Establishment of program and scope of subchapter.
5 § 2162. Definitions.
6 § 2163. Commission members.
7 § 2164. Powers and duties of commission.
8 § 2165. Meetings and quorum of commission.
9 § 2166. Applicability to civil service laws.
10 § 2167. Police training.
11 § 2168. Automatic certification.
12 § 2169. In-service training by existing personnel.
13 § 2170. Reimbursement of expenses.
14 SUBPART D. AREA GOVERNMENT AND INTERGOVERNMENTAL COOPERATION
15 Chapter 23. General Provisions
16 Subchapter A. Intergovernmental Cooperation
17 § 2301. Scope of subchapter.
18 § 2302. Definitions.
19 § 2303. Intergovernmental cooperation authorized.
20 § 2304. Intergovernmental cooperation.
21 § 2305. Ordinance.
22 § 2306. Initiative and referendum.
23 § 2307. Content of ordinance.
24 § 2308. Bids for certain joint purchases.
25 § 2309. Direct purchases.
26 § 2310. Joint purchases with private educational
27 establishments.
28 § 2311. Written or telephonic price quotations required.
29 § 2312. Division of transactions provided.
30 § 2313. Penalty.
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1 § 2314. Review of agreement by Local Government Commission.
2 § 2315. Effect of joint cooperation agreements.
3 Subchapter B. Environmental Advisory Councils
4 § 2321. Scope of subchapter.
5 § 2322. Establishment of Environmental Advisory Council.
6 § 2323. Composition and organization of council.
7 § 2324. Powers and duties of council.
8 § 2325. Records and reports.
9 § 2326. Appropriations for expenses of council.
10 § 2327. Status of existing agencies unaffected.
11 § 2328. Assistance from Department of Environmental Resources.
12 § 2329. Assistance from Department of Community Affairs.
13 Subchapter C. Regional Planning
14 § 2341. Short title and scope of subchapter.
15 § 2342. Definitions.
16 § 2343. Declaration of policy.
17 § 2344. Establishment and organization of regional planning
18 commission.
19 § 2345. Finances, staff and program.
20 § 2346. Commission to prepare master plan.
21 § 2347. Cooperation between commission, municipalities and
22 others.
23 § 2348. Interstate participation.
24 Chapter 25. Environmental Improvement Compacts
25 Subchapter A. Preliminary Provisions
26 § 2501. Short title and scope of chapter.
27 § 2502. Definitions.
28 Subchapter B. Initiative
29 § 2511. Proposal by electors.
30 § 2512. Initiative petition.
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1 § 2513. Review of initiative petition.
2 § 2514. Petition as public record.
3 § 2515. Distribution of petition.
4 Subchapter C. Municipal Referendum Ordinance
5 § 2521. Referendum ordinance.
6 § 2522. Filing of referendum ordinance.
7 § 2523. Notice to governing bodies of referendum date.
8 Subchapter D. Referendum
9 § 2531. Referendum procedures.
10 § 2532. Placing question on ballot.
11 § 2533. Date of election.
12 § 2534. Public notice of referendum.
13 § 2535. Approval.
14 § 2536. Results of election.
15 Subchapter E. Election of Board
16 § 2541. Election of board.
17 § 2542. Nomination of candidates.
18 § 2543. Election returns.
19 Subchapter F. Organization of Board
20 § 2551. Membership of board.
21 § 2552. Compensation of board.
22 § 2553. Organization of board.
23 § 2554. Secretary and treasurer of board.
24 § 2555. Purposes and powers of board.
25 SUBPART E. HOME RULE AND OPTIONAL PLAN GOVERNMENT
26 Chapter 29. General Provisions
27 Subchapter A. Preliminary Provisions
28 § 2901. Short title and scope of subpart.
29 § 2902. Definitions.
30 Subchapter B. Procedure for Adoption of Home Rule Charter or
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1 Optional Plan of Government
2 § 2911. Submission of question for election of government study
3 commission.
4 § 2912. Election of members of commission.
5 § 2913. Nomination of candidates.
6 § 2914. Results of election.
7 § 2915. Oath of office of members of commission.
8 § 2916. First meeting of commission.
9 § 2917. Vacancies.
10 § 2918. Function and duty of commission.
11 § 2919. Compensation and personnel.
12 § 2920. Hearings and public forums.
13 § 2921. Report of findings and recommendations.
14 § 2922. Discharge of petition and amended reports.
15 § 2923. Types of action recommended.
16 § 2924. Specificity of recommendations.
17 § 2925. Form of question on form of government.
18 § 2926. Submission of question on form of government.
19 § 2927. Limitation on enactment of ordinance or filing of
20 petition.
21 § 2928. Time when change of form of government takes effect.
22 § 2929. Limitation on changing new form of government.
23 § 2930. Status of forms of government provided in subpart.
24 Subchapter C. Amendment of Existing Charter or Optional Plan
25 § 2941. Procedure for amendment of charter or optional plan.
26 § 2942. Initiation of amendment by electors or council.
27 § 2943. Petition for referendum or ordinance proposing
28 amendment.
29 § 2944. Time and manner of submission of question.
30 Subchapter D. Conduct of Election
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1 § 2951. Conduct and results of election.
2 § 2952. Notice of election.
3 Subchapter E. General Powers and Limitations of Home Rule
4 Charter Municipalities
5 § 2961. Scope of powers of home rule.
6 § 2962. Limitations on municipal powers.
7 § 2963. Exercise of municipal powers by home rule county.
8 § 2964. General powers of municipalities.
9 § 2965. Recording and filing of charter.
10 § 2966. Continuation of office of existing elective officials.
11 § 2967. Repeal of home rule charter.
12 Subchapter F. General Provisions and Limitations for
13 Optional Plan Municipalities
14 § 2971. Law applicable to optional plan.
15 § 2972. Recording and filing of plan.
16 § 2973. Scope of powers of optional plan.
17 § 2974. Limitation on powers of optional plan.
18 Subchapter G. Miscellaneous Provisions
19 § 2981. Limitation on local municipality.
20 § 2982. Retention of existing form of government.
21 § 2983. Retention of existing form of government when electors
22 disapprove proposal.
23 § 2984. Assumption of functions previously assumed by other
24 municipality.
25 Chapter 30. Types of Optional Plans of Government
26 Subchapter A. Executive (Mayor) - Council Plan A
27 § 3001. Designation and applicability of plan.
28 § 3002. Officers and employees.
29 § 3003. Election and term of office of officials.
30 § 3004. Election and term of office of council members.
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1 § 3005. First election of council members.
2 § 3006. Legislative power vested in council.
3 § 3007. Organization of council.
4 § 3008. Powers of council concerning officers and agencies.
5 § 3009. Appointment and duties of municipal clerk or secretary.
6 § 3010. Executive power vested in executive.
7 § 3011. Powers and duties of executive.
8 § 3012. Approval or veto of ordinances.
9 § 3013. Mayor, departments and department heads.
10 § 3014. Department of administration.
11 § 3015. Budget.
12 § 3016. Form and adoption of budget.
13 § 3017. Amended budget.
14 § 3018. Council amendments to budget.
15 Subchapter B. Executive (Mayor) - Council Plan B
16 § 3031. Designation and applicability of plan.
17 § 3032. Departments.
18 § 3033. Mandatory department of administration.
19 Subchapter C. Executive (Mayor) - Council Plan C
20 § 3041. Designation and applicability of plan.
21 § 3042. Powers and duties of executive.
22 § 3043. Appointment and duties of managing director.
23 Subchapter D. Council-Manager Plan
24 § 3051. Designation and applicability of plan.
25 § 3052. Officers and employees.
26 § 3053. Election and term of office of elected officials.
27 § 3054. Election and term of office of council members.
28 § 3055. First election of council members.
29 § 3056. Selection of mayor, council president or chairman.
30 § 3057. Appointment and duties of municipal clerk or secretary.
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1 § 3058. Powers and duties of council.
2 § 3059. Qualifications of municipal manager.
3 § 3060. Removal of municipal manager from office.
4 § 3061. Inability of municipal manager to perform duties.
5 § 3062. Powers and duties of municipal manager.
6 § 3063. Preparation and adoption of budget.
7 § 3064. Amended budget.
8 Subchapter E. Small Municipality Plan
9 § 3071. Designation and applicability of plan.
10 § 3072. Officers.
11 § 3073. Election of council members.
12 § 3074. Organization of council.
13 § 3075. Powers and duties of council.
14 § 3076. Municipal clerk or secretary, solicitor and agencies.
15 § 3077. Powers and duties of executive.
16 § 3078. Appointment of officers and employees by executive.
17 § 3079. Preparation and adoption of budget.
18 § 3080. Amended budget.
19 Subchapter F. Optional County Plan
20 § 3091. Designation and applicability of plan.
21 § 3092. County officers.
22 § 3093. Powers.
23 § 3094. Additional options for election of county sheriff.
24 § 3095. Approval of plan.
25 Chapter 31. General Provisions Common to Optional Plans
26 Subchapter A. Officers and Employees
27 § 3101. Adverse interest in contracts for purchase or services.
28 § 3102. Acceptance of services at more favorable terms.
29 § 3103. Gift or promise of thing of value to influence
30 political support.
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1 § 3104. Refusal or failure to appear or testify before court.
2 Subchapter B. Treasurer
3 § 3111. Selection and duties of municipal treasurer.
4 Subchapter C. Appointment Power and Personnel
5 § 3121. Appointment of members of boards and commissions.
6 § 3122. Appointment of subordinate officers and employees.
7 Subchapter D. Filling Vacancies in Elected Office
8 § 3131. Applicability of subchapter.
9 § 3132. Manner of filling vacancies in office.
10 Subchapter E. Legislation by Council
11 § 3141. Regular and special meetings of council.
12 § 3142. Procedure and functions of council.
13 § 3143. Adoption of ordinances.
14 § 3144. Recording and compilation of ordinances and
15 resolutions.
16 § 3145. Filing and publication of rules and regulations.
17 § 3146. Passage of administrative ordinance.
18 Subchapter F. Audit and Control
19 § 3151. Exercise of financial management control functions.
20 § 3152. Post audits by independent auditor.
21 § 3153. Selection of controller.
22 Subchapter G. Transition to Optional Plan Government
23 § 3161. Applicability of plan.
24 § 3162. Status and term of office of officials.
25 § 3163. Compensation of elected officials.
26 § 3164. Status of existing ordinances and resolutions.
27 § 3165. Abolishment of existing appointive offices.
28 § 3166. Pending actions and proceedings.
29 Subchapter H. Repeal of Optional Plan
30 § 3171. Repeal of optional plan and establishment of new form
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1 of government.
2 PART V. PUBLIC IMPROVEMENTS, UTILITIES AND SERVICES
3 SUBPART A. GENERAL PROVISIONS
4 Chapter 54. Business Improvement Districts
5 § 5401. Short title and scope of chapter.
6 § 5402. Definitions.
7 § 5403. Powers of governing body.
8 § 5404. Administrative services provided by cities of the
9 second class.
10 § 5405. Assessment authorized.
11 § 5406. Method and payment of assessment.
12 PART VII. TAXATION AND FISCAL AFFAIRS
13 SUBPART B. INDEBTEDNESS AND BORROWING
14 Chapter 80. General Provisions
15 Subchapter A. Preliminary Provisions
16 § 8001. Short title, scope and applicability of subpart.
17 § 8002. Definitions.
18 § 8003. Advertisement and effectiveness of ordinances.
19 § 8004. When lease or other agreement evidences acquisition of
20 capital asset.
21 § 8005. Classification and authority to issue bonds and notes.
22 § 8006. Preliminary cost estimates.
23 § 8007. Cost of project.
24 § 8008. Home rule.
25 § 8009. Guaranty funds and compulsory associations.
26 Subchapter B. Limitations on Debt of Local Government Units
27 § 8021. No limitation on debt approved by electors.
28 § 8022. Limitations on incurring of other debt.
29 § 8023. Transfer to electoral debt of debt incurred without
30 approval of electors.
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1 § 8024. Exclusion of subsidized debt from net nonelectoral debt
2 or net lease rental debt.
3 § 8025. Exclusion of self-liquidating debt evidenced by revenue
4 bonds or notes to determine net nonelectoral debt.
5 § 8026. Exclusion of other self-liquidating debt to determine
6 net nonelectoral debt or net lease rental debt.
7 § 8027. Effect of debt limitations on outstanding debt.
8 § 8028. Determination of existing net nonelectoral debt and net
9 nonelectoral plus net lease rental debt.
10 § 8029. Determination of debt limits.
11 Subchapter C. Procedure for Securing Approval of Electors
12 § 8041. Desire resolution and expense of certain elections.
13 § 8042. Advertisement of election.
14 § 8043. Conduct of election.
15 § 8044. Finality of result of election.
16 § 8045. Effect of defeat of question.
17 § 8046. Issuance of bonds, notes or other instruments to
18 evidence electoral debt.
19 § 8047. Cancellation or termination of approval of electors.
20 § 8048. Limitation on use of proceeds of electoral debt.
21 § 8049. Manner of changing purpose of electoral debt.
22 Chapter 81. Incurring Debt and Issuing Bonds and Notes
23 Subchapter A. General Provisions
24 § 8101. Combining projects for financing or series of bonds or
25 notes for sale.
26 § 8102. Preliminary authorizations as to financing.
27 § 8103. Ordinance authorizing issuance of documents evidencing
28 lease rental debt.
29 § 8104. Covenant to pay bonds or notes or a guaranty.
30 § 8105. Additional provisions in ordinance authorizing issuance
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1 of revenue or guaranteed revenue bonds or notes.
2 § 8106. Sinking fund depository and trustee for bondholders or
3 noteholders.
4 § 8107. Award of bonds or notes.
5 § 8108. Bond anticipation notes.
6 § 8109. Small borrowing for capital purposes.
7 § 8110. Debt statement.
8 § 8111. Submission to department.
9 § 8112. Agreements with bondholders or noteholders.
10 § 8113. Lost, stolen, destroyed or mutilated bonds or notes.
11 § 8114. Evidence of signatures of holders and of ownership of
12 bonds, notes and tax anticipation notes.
13 § 8115. Contractual effect of ordinances and resolutions.
14 Subchapter B. Tax Anticipation Notes and Funding Debt
15 § 8121. Power to issue tax anticipation notes.
16 § 8122. Limitation on amount of tax anticipation notes.
17 § 8123. Maturity date and time of payment of interest.
18 § 8124. Other terms of tax anticipation notes.
19 § 8125. Security for tax anticipation notes and sinking fund.
20 § 8126. Certification as to taxes and revenues to be collected.
21 § 8127. Sale of tax anticipation notes.
22 § 8128. Condition precedent to validity of tax anticipation
23 notes.
24 § 8129. Scope of unfunded debt.
25 § 8130. Approval by court to fund unfunded debt.
26 Subchapter C. Provisions of Bonds and Notes
27 § 8141. Form of bonds or notes.
28 § 8142. Limitations on stated maturity dates.
29 § 8143. Number of interest rates.
30 § 8144. Place and medium of payment.
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1 § 8145. Execution of bonds or notes.
2 § 8146. Pledge of revenues.
3 § 8147. Deeds of trust and other agreements with bondholders
4 and noteholders.
5 § 8148. Negotiable qualities of bonds and notes.
6 § 8149. Temporary bonds or notes or interim receipts.
7 Subchapter D. Sale of Bonds and Notes
8 § 8161. Manner of sale of bonds or notes.
9 § 8162. Contents of public advertisement and of official notice
10 of sale.
11 § 8163. Proposals for purchase.
12 § 8164. Opening of bids.
13 § 8165. Determination of highest and best bid.
14 § 8166. Required bid security.
15 § 8167. Reserved right to reject bids.
16 § 8168. Failure to receive conforming bid.
17 § 8169. Determination of net interest cost and net interest
18 rate.
19 Chapter 82. Miscellaneous Provisions
20 Subchapter A. Department of Community Affairs
21 § 8201. Certification to department of bond or note transcript
22 or lease, guaranty, subsidy contract or other
23 agreement.
24 § 8202. Filing of statements of noncompletion of sale with
25 department.
26 § 8203. Fees for filing.
27 § 8204. Certificate of approval of transcript.
28 § 8205. Certificate of disapproval and correction of
29 proceedings.
30 § 8206. Effect of failure of timely action by department.
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1 § 8207. Records of department.
2 § 8208. Invalidity of instruments which are delivered without
3 compliance with requirements or conditions precedent
4 to issuance or delivery.
5 § 8209. Finality of proceedings as to validity of instruments.
6 § 8210. Power of department to define terms, issue rules and
7 regulations and prescribe forms.
8 § 8211. Petitions for declaratory orders and complaints to
9 department.
10 Subchapter B. Sinking Funds and Other Funds and Accounts
11 § 8221. Creation of sinking funds and deposits, reserves and
12 surplus funds.
13 § 8222. Assessment fund.
14 § 8223. Duty of treasurer.
15 § 8224. Deposit and investment of moneys in sinking funds and
16 other funds.
17 § 8225. Management of sinking and other funds.
18 § 8226. Inspection of sinking funds and orders to comply.
19 § 8227. Sinking fund not required for small borrowings.
20 Subchapter C. Refunding of Debt
21 § 8241. Power to refund.
22 § 8242. Treatment of costs upon refunding.
23 § 8243. Limitation on extending term of debt by refunding.
24 § 8244. Effect of debt limits on refunding nonelectoral bonds
25 or notes or lease rental debt.
26 § 8245. Refunding of electoral debt.
27 § 8246. Procedure for authorization, sale, issue and approval
28 of refunding bonds or notes.
29 § 8247. Special limitation on refunding of funding debt.
30 § 8248. Approval of refunding by the electors.
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1 § 8249. Refunding with bonds of another type.
2 § 8250. Use of proceeds of refunding bonds and when refunded
3 bonds are no longer deemed outstanding.
4 § 8251. Cessation of interest on called bonds or notes.
5 Subchapter D. Remedies
6 § 8261. Failure to budget debt service.
7 § 8262. Failure to pay principal or interest.
8 § 8263. Trustee for bondholders.
9 § 8264. Receiver for revenue projects.
10 § 8265. Costs of suits or proceedings.
11 § 8266. Distribution of moneys realized for bondholders.
12 Subchapter E. Penalties
13 § 8271. Failure to obey sinking fund directive of department.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Title 53 of the Pennsylvania Consolidated
17 Statutes is amended by adding parts to read:
18 TITLE 53
19 MUNICIPALITIES GENERALLY
20 Part
21 I. Preliminary Provisions
22 II. Creation, Territory, Alteration and Dissolution
23 III. Government and Administration
24 V. Public Improvements, Utilities and Services
25 VII. Taxation and Fiscal Affairs
26 PART I
27 PRELIMINARY PROVISIONS
28 Chapter
29 1. General Provisions
30 CHAPTER 1
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1 GENERAL PROVISIONS
2 Sec.
3 101. Short title of title.
4 § 101. Short title of title.
5 This title shall be known and may be cited as the General
6 Local Government Code.
7 PART II
8 CREATION, TERRITORY, ALTERATION AND DISSOLUTION
9 Chapter
10 9. Municipal Reapportionment
11 CHAPTER 9
12 MUNICIPAL REAPPORTIONMENT
13 Sec.
14 901. Short title and scope of chapter.
15 902. Definitions.
16 903. Reapportionment by governing body.
17 904. Reapportionment by court upon petition.
18 905. Compensation of commissioners and payment of costs.
19 906. Contest of reapportionment by governing body.
20 907. Costs and expenses of contest.
21 908. Retention in office and new elections.
22 § 901. Short title and scope of chapter.
23 (a) Short title of chapter.--This chapter shall be known and
24 may be cited as the Municipal Reapportionment Act.
25 (b) Scope of chapter.--This chapter applies to the following
26 entities:
27 (1) Municipalities.
28 (2) Units of government created and existing under
29 Subpart E of Part III (relating to home rule and optional
30 plan government).
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1 (3) Similar general purpose units of local government
2 created by statute.
3 § 902. Definitions.
4 The following words and phrases when used in this chapter
5 shall have the meanings given to them in this section unless the
6 context clearly indicates otherwise:
7 "District." Includes a ward whenever wards are used as a
8 subdivision for the election of members of the governing body.
9 "Governing body." A board of county commissioners, city
10 council, borough council, incorporated town council, board of
11 township commissioners or board of township supervisors, the
12 governing council of any unit of government created and existing
13 under Subpart E of Part III (relating to home rule and optional
14 plan government), or the governing council of any similar
15 general purpose unit of government created by statute.
16 § 903. Reapportionment by governing body.
17 (a) General rule.--Within the year following that in which
18 the Federal census, decennial or special, is officially and
19 finally reported, and at such other times as the governing body
20 deems necessary, each entity having a governing body not
21 entirely elected at large shall be reapportioned into districts
22 by its governing body. The governing body shall number the
23 districts.
24 (b) Composition of districts.--Districts shall be composed
25 of compact and contiguous territory as nearly equal in
26 population as practicable as officially and finally reported in
27 the most recent Federal census, decennial or special.
28 § 904. Reapportionment by court upon petition.
29 (a) Petition.--If there has not been a reapportionment by
30 the governing body within the year following that in which the
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1 Federal census, decennial or special, is officially and finally
2 reported, a petition, signed by one or more electors who are
3 residents of the entity, may be submitted to the court of common
4 pleas which may then reapportion in accordance with this
5 chapter.
6 (b) Appointment of commissioners.--Upon receiving the
7 petition to reapportion, the court may appoint three impartial
8 persons as commissioners.
9 (c) Report to court.--The commissioners appointed by the
10 court or any two of them shall make a report to the court within
11 the time the court directs and shall include with it a plot
12 showing the boundaries of the present districts and a plot
13 showing the districts as proposed by them, along with pertinent
14 information relating to population and area of the proposed
15 districts.
16 (d) Action on report.--Upon presentation, the court shall
17 confirm the report nisi and shall direct that notice of the
18 filing of the report shall be given by publication once in a
19 newspaper of general circulation stating that exceptions may be
20 filed to the report within 30 days after the report was filed.
21 If no exceptions are filed or if the court dismisses the
22 exceptions, the court shall confirm the report absolutely and
23 issue a decree. The court in its decree shall designate a number
24 for each of the districts.
25 § 905. Compensation of commissioners and payment of costs.
26 (a) Compensation of commissioners.--The commissioners
27 appointed by the court shall each receive compensation for their
28 services as the court shall fix.
29 (b) Payment of costs and expenses.--All cost and expenses
30 incurred in the proceedings to reapportion shall be paid by the
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1 entity.
2 § 906. Contest of reapportionment by governing body.
3 (a) General rule.--In the event there has been a
4 reapportionment by the governing body pursuant to section 903(a)
5 (relating to reapportionment by governing body) or 904 (relating
6 to reapportionment by court upon petition), the reapportionment
7 may be contested as not being in compliance with the criteria
8 for reapportionment as set forth in section 903(b).
9 (b) Petition to court.--In order to contest a
10 reapportionment, a petition signed by ten electors who are
11 residents of the entity shall be submitted to the court of
12 common pleas.
13 (c) Action on petition.--The court shall review the
14 reapportionment plan and either accept the reapportionment plan
15 and dismiss the petition or reject the reapportionment plan and
16 return it to the local governing body for correction and
17 resubmission to the court.
18 (d) Appointment of commissioners.--If the court sets the
19 reapportionment aside, the court may appoint three impartial
20 persons as commissioners.
21 (e) Report to court.--The commissioners appointed by the
22 court or any two of them shall make a report to the court within
23 the time the court directs and shall include with it a plot
24 showing the boundaries of the present districts and a plot
25 showing the districts as proposed by them, along with pertinent
26 information relating to population and area of the proposed
27 districts.
28 (f) Action on report.--Upon presentation, the court shall
29 confirm the report nisi and shall direct that notice of the
30 filing of the report shall be given by publication once in a
19930S0838B0911 - 20 -
1 newspaper of general circulation stating that exceptions may be
2 filed to the report within 30 days after the report was filed.
3 If no exceptions are filed or if the court dismisses the
4 exceptions, the court shall confirm the report absolutely and
5 issue a decree. The court in its decree shall designate a number
6 for each of the districts.
7 § 907. Costs and expenses of contest.
8 (a) General rule.--All cost and expenses incurred in a
9 proceeding described in section 906 (relating to contest of
10 reapportionment by governing body) challenging a reapportionment
11 shall be paid by the entity or the petitioners as the court
12 directs, but if the court reapportions the entity, the costs and
13 expenses shall be paid by the entity.
14 (b) Bond to secure payment.--If a reapportionment is
15 challenged by petition as described in section 906, the
16 petitioners may be required to post a bond set by the court to
17 secure the payment of costs and expenses.
18 § 908. Retention in office and new elections.
19 (a) Retention of existing members in office.--The members of
20 the governing body in office at the time of the reapportionment
21 shall retain their offices until the end of their respective
22 terms.
23 (b) Election of members following reapportionment.--The
24 election of members of the governing body under the
25 reapportionment shall be held in accordance with law relating to
26 the entity and the act of June 3, 1937 (P.L.1333, No.320), known
27 as the Pennsylvania Election Code.
28 PART III
29 GOVERNMENT AND ADMINISTRATION
30 Subpart
19930S0838B0911 - 21 -
1 A. General Provisions
2 B. Governing Body
3 C. Executive Departments, Officers and Employees
4 D. Area Government and Intergovernmental Cooperation
5 E. Home Rule and Optional Plan Government
6 SUBPART A
7 GENERAL PROVISIONS
8 Chapter
9 11. General Provisions
10 CHAPTER 11
11 GENERAL PROVISIONS
12 Subchapter
13 B. Emergency Seat of Government
14 C. Emergency Succession of Officers
15 SUBCHAPTER B
16 EMERGENCY SEAT OF GOVERNMENT
17 Sec.
18 1121. Scope of subchapter.
19 1122. Establishment and designation.
20 1123. Exercise of powers and functions.
21 1124. Applicability of subchapter.
22 § 1121. Scope of subchapter.
23 This subchapter applies to all political subdivisions.
24 § 1122. Establishment and designation.
25 Whenever, due to an emergency resulting from the effects of
26 enemy attack or the anticipated effects of a threatened enemy
27 attack, it becomes imprudent, inexpedient or impossible to
28 conduct the affairs of local government at the regular or usual
29 place, the governing body of each political subdivision of this
30 Commonwealth may meet at any place, within or without the
19930S0838B0911 - 22 -
1 territorial limits of the political subdivision. The meeting may
2 be held on the call of the presiding officer or any two members
3 of the governing body and shall proceed to establish and
4 designate, by ordinance, resolution or other manner, alternate
5 or substitute sites or places as the emergency temporary
6 location or locations of government, where all or any part of
7 the public business may be transacted and conducted during the
8 emergency situation. These sites or places may be within or
9 without the territorial limits of the political subdivision and
10 may be within or without this Commonwealth.
11 § 1123. Exercise of powers and functions.
12 During the period when the public business is being conducted
13 at the emergency temporary location or locations, the governing
14 body and other officers of a political subdivision of this
15 Commonwealth shall exercise at the location or locations all of
16 the executive, legislative and judicial powers and functions
17 conferred upon the governing body and officers by law. These
18 powers and functions may be exercised in the light of the
19 exigencies of the emergency situation without regard to time
20 consuming procedures and formalities prescribed by law and
21 pertaining to them, and all acts of the governing body and
22 officers shall be as valid and binding as if performed within
23 the territorial limits of their political subdivision.
24 § 1124. Applicability of subchapter.
25 The provisions of this subchapter shall control, in the event
26 it shall be employed, notwithstanding any statutory charter or
27 ordinance provision to the contrary or in conflict with this
28 subchapter.
29 SUBCHAPTER C
30 EMERGENCY SUCCESSION OF OFFICERS
19930S0838B0911 - 23 -
1 Sec.
2 1131. Scope of subchapter.
3 1132. Declaration of policy.
4 1133. Definitions.
5 1134. Enabling authority for emergency interim successors for
6 local offices.
7 1135. Emergency interim successors for local officers.
8 1136. Formalities of taking office.
9 1137. Succession period.
10 1138. Term and removal of designees.
11 § 1131. Scope of subchapter.
12 This subchapter applies to all municipalities.
13 § 1132. Declaration of policy.
14 Because of the existing possibility of attack upon the United
15 States of unprecedented size and destructiveness and in order,
16 in the event of such an attack, to assure continuity of
17 government through legally constituted authority and
18 responsibility in offices of the municipalities of this
19 Commonwealth, to provide for the effective operation of
20 government during an emergency and to facilitate the early
21 resumption of functions temporarily suspended, it is found and
22 declared to be necessary to provide for emergency interim
23 succession to offices of the municipalities of this Commonwealth
24 in the event the incumbents and their deputies authorized to
25 exercise all of the powers and discharge the duties of these
26 offices, referred to in this subchapter as deputies, are
27 unavailable to exercise the powers and perform the duties of
28 these offices.
29 § 1133. Definitions.
30 The following words and phrases when used in this subchapter
19930S0838B0911 - 24 -
1 shall have the meanings given to them in this section unless the
2 context clearly indicates otherwise:
3 "Attack." Any attack on the United States which causes or
4 may cause substantial damage or injury to civilian persons or
5 property in any manner by sabotage or by the use of bombs,
6 missiles, shellfire or by atomic, radiological, chemical,
7 bacteriological or biological means or other weapons or
8 processes.
9 "Emergency interim successor." A person designated, in the
10 event the officer is unavailable, to exercise the powers and
11 discharge the duties of an office until a successor is appointed
12 or elected and qualified as may be provided by the Constitution
13 of Pennsylvania, statutes, charters and ordinances or until the
14 lawful incumbent is able to exercise the powers and discharge
15 the duties of the office.
16 "Office." All local offices, the powers and duties of which
17 are defined by the Constitution of Pennsylvania or a statute,
18 charter or ordinance.
19 "Unavailable." When a vacancy in office exists and there is
20 no deputy authorized to exercise all of the powers and discharge
21 the duties of the office or when the lawful incumbent of the
22 office or any deputy exercising the powers and discharging the
23 duties of an office because of a vacancy and his authorized
24 deputy are absent or unable to exercise the powers and discharge
25 the duties of the office.
26 § 1134. Enabling authority for emergency interim successors for
27 local offices.
28 With respect to local offices for which the legislative
29 bodies of municipalities may enact resolutions or ordinances
30 relative to the manner in which vacancies will be filled or
19930S0838B0911 - 25 -
1 temporary appointments to office made, the legislative bodies
2 are authorized to enact resolutions or ordinances providing for
3 emergency interim successors to offices. The resolutions and
4 ordinances shall not be inconsistent with this subchapter.
5 § 1135. Emergency interim successors for local officers.
6 This section is applicable to officers of municipalities not
7 included in section 1134 (relating to enabling authority for
8 emergency interim successors for local offices). Each officer,
9 subject to any regulations as the executive head of the
10 municipality may issue, shall designate by title, if feasible,
11 or by named person, emergency interim successors and specify
12 their order of succession. The officer shall review and revise,
13 as necessary, designations made pursuant to this subchapter. The
14 officer will designate a sufficient number of persons so that
15 there will be not less than three deputies or emergency interim
16 successors, or any combination of them. If any officer or deputy
17 of any municipality is unavailable, the powers of the office
18 shall be exercised and the duties discharged by his designated
19 emergency interim successors in the order specified. The
20 emergency interim successors, in the order specified, shall
21 exercise the powers and discharge the duties of the office to
22 which designated until the vacancy is filled in accordance with
23 the Constitution of Pennsylvania or statutes or until the
24 officer, or his deputy or a preceding emergency interim
25 successor, ceases to be unavailable.
26 § 1136. Formalities of taking office.
27 Prior to taking up the duties to which they may temporarily
28 succeed, emergency interim successors shall take an oath as may
29 be required for the office to which they may succeed.
30 § 1137. Succession period.
19930S0838B0911 - 26 -
1 Emergency interim successors may exercise the powers and
2 discharge the duties of an office as authorized in this
3 subchapter only after an attack has occurred. The General
4 Assembly, by concurrent resolution, may terminate the authority
5 of the emergency interim successors to exercise the powers and
6 discharge the duties of office as provided under this
7 subchapter.
8 § 1138. Term and removal of designees.
9 Until the persons designated as emergency interim successors
10 are authorized to exercise the powers and discharge the duties
11 of an office in accordance with this subchapter, including
12 section 1137 (relating to succession period), these persons may
13 be removed or replaced by the designating authority at any time,
14 with or without cause.
15 SUBPART B
16 GOVERNING BODY
17 Chapter
18 13. General Provisions
19 CHAPTER 13
20 GENERAL PROVISIONS
21 Subchapter
22 F. Records
23 SUBCHAPTER F
24 RECORDS
25 Sec.
26 1381. Short title and scope of subchapter.
27 1382. Definitions.
28 1383. Disposition of public records.
29 1384. Proposed retention and disposal schedules.
30 1385. Local Government Records Committee.
19930S0838B0911 - 27 -
1 1386. Effect of approval of schedule.
2 1387. Nonliability of official.
3 1388. Destruction of original records.
4 1389. Applicability of other statutes.
5 § 1381. Short title and scope of subchapter.
6 (a) Short title of subchapter.--This subchapter shall be
7 known and may be cited as the Municipal Records Act.
8 (b) Scope of subchapter.--This subchapter applies to the
9 following entities:
10 (1) Municipal corporations.
11 (2) Municipal authorities created by any municipal
12 corporation.
13 This subchapter does not apply to cities of the first class,
14 second class or second class A.
15 § 1382. Definitions.
16 The following words and phrases when used in this subchapter
17 shall have the meanings given to them in this section unless the
18 context clearly indicates otherwise:
19 "Commission." The Pennsylvania Historical and Museum
20 Commission.
21 "Committee." The Local Government Records Committee.
22 "Public records." Any papers, books, maps, photographs or
23 other documentary materials, regardless of physical form or
24 characteristics, made or received by an entity under law or in
25 connection with the exercise of its powers and the discharge of
26 its duties.
27 § 1383. Disposition of public records.
28 Public records, archives or printed public documents, whether
29 or not in current use, in the custody of any person or office
30 shall be destroyed, sold or otherwise disposed of if the
19930S0838B0911 - 28 -
1 disposition is in conformity with schedules and regulations
2 which are promulgated by the committee as established by section
3 1385 (relating to local government records committee).
4 § 1384. Proposed retention and disposal schedules.
5 The commission, in cooperation with the several associations
6 of municipal officials and related Commonwealth agencies, shall
7 make a study of public records and shall prepare proposed
8 retention and disposal schedules for submission to the committee
9 for its approval and advise each of them of all applicable
10 operative schedules. No such schedule shall be operative unless
11 approved by the committee.
12 § 1385. Local Government Records Committee.
13 (a) Establishment.--There shall be established under the
14 commission the Local Government Records Committee which shall
15 consist of the Auditor General, the State Treasurer, the General
16 Counsel, the Executive Director of the Historical and Museum
17 Commission, the Secretary of Community Affairs and five other
18 members to be appointed by the Governor to represent each of the
19 following municipal associations: the League of Cities, the
20 State Association of Boroughs, the State Association of Township
21 Commissioners, the State Association of Township Supervisors and
22 the Municipal Authorities' Association. Each ex officio member
23 of the committee may designate in writing a representative to
24 act in place of the member. The Secretary of Community Affairs
25 shall serve as chairman and the executive director of the
26 commission shall serve as secretary. Meetings of the committee
27 shall be at the call of the chairman.
28 (b) Powers and duties.--The committee shall have the powers
29 and duties vested in and imposed upon it by this subchapter and
30 shall promulgate regulations not inconsistent with law necessary
19930S0838B0911 - 29 -
1 to adequately effectuate its powers and duties.
2 § 1386. Effect of approval of schedule.
3 Whenever a schedule is approved by the committee, a copy
4 shall be filed with the commission which shall, through
5 appropriate means, notify the entities that the schedule has
6 been approved. Upon such notification, the schedule becomes
7 effective and may be acted upon by them until superseded by a
8 subsequent duly approved schedule. Each entity shall declare its
9 intent to follow the schedule by ordinance or resolution. Each
10 individual act of disposition shall be approved by resolution of
11 the governing body.
12 § 1387. Nonliability of official.
13 An official shall not be held liable on his official bond for
14 damages for loss or in any other manner, civil or criminal,
15 because of the disposition of public records pursuant to the
16 provisions of this subchapter.
17 § 1388. Destruction of original records.
18 (a) Destruction authorized.--Whenever any officer,
19 commission or agency has photographed, microphotographed or
20 microfilmed any public record with the approval of and in
21 conformance with standards established by the committee, the
22 original record may be destroyed, provided written consent is
23 given to the destruction or other disposition.
24 (b) Evidence of records.--Upon destruction or other
25 disposition of any public records under this section, the
26 photograph, microphotograph or microfilm, or a certified copy
27 thereof, shall be receivable in evidence in any court or
28 proceeding and shall have the same force and effect as though
29 the original public record had been produced and proved.
30 § 1389. Applicability of other statutes.
19930S0838B0911 - 30 -
1 This subchapter is intended as a supplement to existing
2 statutes. The existing statutes which provide for destruction
3 may be utilized by officials in lieu of compliance with this
4 subchapter. Nothing in this subchapter shall prevent officials
5 from retaining records longer than the periods which may be
6 provided in schedules approved by the committee.
7 SUBPART C
8 EXECUTIVE DEPARTMENTS, OFFICERS AND EMPLOYEES
9 Chapter
10 21. Employees
11 CHAPTER 21
12 EMPLOYEES
13 Subchapter
14 D. Municipal Police Education and Training
15 SUBCHAPTER D
16 MUNICIPAL POLICE EDUCATION AND TRAINING
17 Sec.
18 2161. Establishment of program and scope of subchapter.
19 2162. Definitions.
20 2163. Commission members.
21 2164. Powers and duties of commission.
22 2165. Meetings and quorum of commission.
23 2166. Applicability to civil service laws.
24 2167. Police training.
25 2168. Automatic certification.
26 2169. In-service training by existing personnel.
27 2170. Reimbursement of expenses.
28 § 2161. Establishment of program and scope of subchapter.
29 (a) Municipal police officers' education and training
30 program.--The commission shall establish a municipal police
19930S0838B0911 - 31 -
1 officers' education and training program in accordance with the
2 provisions of this subchapter. The administration of this
3 program shall be the responsibility of the Pennsylvania State
4 Police.
5 (b) Scope of subchapter.--This subchapter applies to all
6 municipalities.
7 § 2162. Definitions.
8 The following words and phrases when used in this subchapter
9 shall have the meanings given to them in this section unless the
10 context clearly indicates otherwise:
11 "Certification." The assignment of a certification number to
12 a police officer after successful completion of a mandatory
13 basic training course or receipt of a waiver of basic training
14 from the commission and successful completion of mandatory in-
15 service training. Certification is for a period of two years.
16 "Commission." The Municipal Police Officers' Education and
17 Training Commission.
18 "Commissioner." The Commissioner of the Pennsylvania State
19 Police.
20 "Police department." Any public agency having general police
21 powers and charged with making arrests in connection with the
22 enforcement of the criminal or traffic laws.
23 "Police officer." Any full-time or part-time employee of a
24 city, borough, town, township or county police department
25 assigned to criminal or traffic law enforcement duties and, for
26 the purpose of training only, security officers of a first class
27 city housing authority. The term excludes persons employed to
28 check parking meters or to perform only administrative duties
29 and auxiliary and fire police.
30 "School." A training school or academy which provides a
19930S0838B0911 - 32 -
1 basic police training course within the functional organization
2 of a police department or departments or any educational
3 facility in this Commonwealth.
4 § 2163. Commission members.
5 (a) Selection.--The commission shall be composed of 20
6 members as follows:
7 (1) The following members shall serve by virtue of their
8 office:
9 (i) The Commissioner of the Pennsylvania State
10 Police who shall serve as chairman of the commission.
11 (ii) The Secretary of Community Affairs.
12 (iii) The Attorney General.
13 (iv) The police commissioner of a city of the first
14 class or his designee.
15 (2) The following members shall be appointed by the
16 President pro tempore of the Senate and the Speaker of the
17 House of Representatives:
18 (i) A member of the Senate.
19 (ii) A member of the House of Representatives.
20 (3) The following members shall be appointed by the
21 Governor.
22 (i) A borough official, a first class township
23 official, a second class township official and a city
24 official.
25 (ii) Four incumbent chiefs of police from the
26 various municipalities of this Commonwealth, at least one
27 to be a chief of a borough police department, at least
28 one to be a chief of a township police department and at
29 least one to be a chief of a city police department.
30 (iii) One Federal Bureau of Investigation special
19930S0838B0911 - 33 -
1 agent-in-charge.
2 (iv) One educator qualified in the field of law
3 enforcement.
4 (v) One member representing the public at large.
5 (vi) Two noncommissioned police officers.
6 (vii) A director of one of the certified training
7 schools.
8 (b) Terms of office.--All members of the commission
9 appointed by the Governor shall serve for a period of three
10 years. Any member of the commission, immediately upon
11 termination of holding the position by virtue of which the
12 member was eligible for membership or appointed as a member of
13 the commission, shall cease to be a member of the commission.
14 (c) Vacancies.--A member appointed to fill a vacancy not
15 created by the expiration of a term shall be appointed for the
16 unexpired term of the member whom he is to succeed in the same
17 manner as the original appointment.
18 (d) Compensation and expenses.--The members of the
19 commission shall serve without compensation but shall be
20 reimbursed the necessary and actual expenses incurred in
21 attending the meetings of the commission and in the performance
22 of their duties under this subchapter.
23 (e) Removal from office.--Members of the commission may be
24 removed by the Governor for cause after written notice from the
25 Governor.
26 (f) Affiliation.--The designated public member may not at
27 any time have been a police officer or have been affiliated with
28 a police department or training school.
29 § 2164. Powers and duties of commission.
30 The powers and duties of the commission shall be as follows:
19930S0838B0911 - 34 -
1 (1) To establish and administer the minimum courses of
2 study for basic and in-service training for municipal police
3 officers and to revoke an officer's certification when an
4 officer fails to comply with the basic and in-service
5 training requirements or is convicted of a criminal offense
6 or the commission determines that the officer is physically
7 or mentally unfit to perform the duties of his office.
8 (2) To approve or revoke the approval of any school
9 which may be utilized to comply with the educational and
10 training requirements as established by the commission.
11 (3) To establish the minimum qualifications for
12 instructors, to approve or revoke the approval of any
13 instructor and to develop the requirements for continued
14 certification.
15 (4) To promote the most efficient and economical program
16 for police training by utilizing existing facilities,
17 programs and qualified Federal, State and local police
18 personnel.
19 (5) To make an annual report to the Governor and to the
20 General Assembly concerning the administration of the
21 Municipal Police Officers' Education and Training Program and
22 the activities of the commission, together with
23 recommendations for executive or legislative action necessary
24 for the improvement of law enforcement and the administration
25 of justice.
26 (6) To require every police officer to attend a minimum
27 number of hours of in-service training as provided for by
28 regulation, unless the officer's employer files a show cause
29 document with the commission requesting additional time for
30 the officer to comply with the in-service training
19930S0838B0911 - 35 -
1 requirements. Approval of this request shall be made by the
2 commission on a case-by-case basis.
3 (7) To require all police officers to undergo a
4 background investigation to determine the individual's
5 suitability for employment as a police officer. This
6 investigation shall be completed prior to the employment of
7 the officer and shall include a criminal history check, a
8 credit check, personal interviews and any other applicable
9 means of determining eligibility. An applicant who has been
10 convicted of a felony or serious misdemeanor shall not be
11 eligible for employment as a police officer.
12 (8) To require minimum standards for physical fitness,
13 psychological evaluation and education as prerequisites to
14 employment as a police officer.
15 (9) To appoint an executive director to administer the
16 training program established by this subchapter. The position
17 of executive director shall be filled by the commission which
18 shall select the best qualified person from a list of three
19 persons nominated by the chairman. The person who receives a
20 simple majority of those members present and voting shall
21 become the executive director. If the commission rejects all
22 nominees, then the process shall be repeated until a person
23 is selected. The executive director shall be directly
24 responsible to the commission and may be dismissed only by
25 two-thirds vote of the commission. The executive director
26 shall employ a sufficient staff, including professional,
27 administrative and clerical personnel, to perform the tasks
28 of the office, including the preparation of an annual budget.
29 (10) To consult and cooperate with universities,
30 colleges, community colleges and institutes for the
19930S0838B0911 - 36 -
1 development of specialized courses for municipal police
2 officers.
3 (11) To consult and cooperate with departments and
4 agencies of this Commonwealth and other states and the
5 Federal Government concerned with police training.
6 (12) To certify police officers who have satisfactorily
7 completed basic educational and training requirements as
8 established by the commission and to issue appropriate
9 certificates to those police officers.
10 (13) To visit and inspect approved schools at least once
11 a year.
12 (14) To make such rules and regulations and to perform
13 such other duties as may be reasonably necessary or
14 appropriate to implement the education and training program
15 for police officers.
16 (15) To grant waivers of mandatory basic training to
17 police officers who have successfully completed previous
18 equivalent training or who have acceptable full-time police
19 experience, or both.
20 § 2165. Meetings and quorum of commission.
21 The commission shall meet at least four times each year.
22 Special meetings may be called by the chairman of the commission
23 or upon written request of five members. A quorum shall consist
24 of 11 members.
25 § 2166. Applicability to civil service laws.
26 This subchapter shall not be construed to exempt any police
27 officer or other officer or employee from the provisions of the
28 existing civil service or tenure laws.
29 § 2167. Police training.
30 (a) General rule.--All municipalities of this Commonwealth
19930S0838B0911 - 37 -
1 or groups of municipalities acting in concert shall be required
2 to train all members of their police departments pursuant to
3 this subchapter prior to their enforcing criminal laws,
4 enforcing moving traffic violations under Title 75 (relating to
5 vehicles) or being authorized to carry a firearm.
6 (b) Ineligibility for compensation.--Any person hired as a
7 municipal police officer by any municipality or group of
8 municipalities acting in concert shall be ineligible to receive
9 any salary, compensation or other consideration for the
10 performance of duties as a police officer unless the person has
11 met all of the requirements as established by the commission and
12 has been duly certified as having met those requirements by the
13 commission.
14 (c) Penalty.--Any official of any municipality who orders,
15 authorizes or pays as salary to a person in violation of the
16 provisions of this subchapter commits a summary offense and
17 shall, upon conviction, be sentenced to pay a fine of $100 or be
18 imprisoned for a term not to exceed a period of 30 days. The
19 commission may stop payment of all funds paid or payable to
20 municipalities under this subchapter for any violation of this
21 subchapter. It shall notify the State Treasurer to discontinue
22 disbursement of any State funds until a municipality is in
23 compliance with this subchapter.
24 § 2168. Automatic certification.
25 All municipal police officers hired prior to June 18, 1974,
26 shall be automatically certified for basic training but shall be
27 required to complete the in-service training as set forth in
28 section 2164(7) (relating to powers and duties of commission).
29 § 2169. In-service training by existing personnel.
30 The requirements of section 2164(7) (relating to powers and
19930S0838B0911 - 38 -
1 duties of commission) shall apply to every municipal police
2 officer.
3 § 2170. Reimbursement of expenses.
4 (a) General rule.--The commission shall provide for
5 reimbursement to each municipality of the entire amount of the
6 allowable tuition and the ordinary and necessary living and
7 travel expenses incurred by their police officers while
8 attending certified municipal police basic training schools if
9 the municipality adheres to the training standards established
10 by the commission. The regular salary of police officers while
11 attending approved schools shall be paid by the employing
12 municipality. The commission shall reimburse the employing
13 municipality for 60% of the regular salaries of police officers
14 while attending schools approved under this subchapter. The
15 commission shall require written documentation of all expenses
16 incurred by municipalities relating to the training of municipal
17 police officers for the purposes of reimbursement by the
18 commission. All municipalities shall annually audit these funds
19 as part of their annual audit and submit a copy of the audit to
20 the commission. Failure to perform the audit and submit a copy
21 of it to the commission shall render the municipality in
22 violation of this subchapter.
23 (b) Grants for training other police.--The commission may
24 approve in-service training grants for actual expenses incurred
25 by municipalities for the providing for nonmandatory training
26 programs to police officers in accordance with this subchapter.
27 (c) Application for funding.--All municipalities of this
28 Commonwealth or groups of municipalities acting in concert may
29 make application to the commission for funding pursuant to the
30 provisions of this subchapter. The application shall be
19930S0838B0911 - 39 -
1 accompanied by a certified copy of a resolution adopted by its
2 governing body. The resolution shall provide that, while
3 receiving any State funds pursuant to this subchapter, the
4 municipality agrees to adhere to the standards for training
5 established by the commission. The application shall contain any
6 information that the commission requests.
7 (d) Subsequent employment with another municipality.--If a
8 police officer, within two years following certification,
9 terminates his employment with the municipality by which the
10 officer was employed at the time he was certified as having met
11 the commission's requirement and subsequently obtains employment
12 as a police officer with another municipality the municipality
13 which employs the previously certified police officer shall
14 reimburse the municipality which formerly employed the police
15 officer for the nonreimbursable portion of the salary paid to
16 the police officer while complying with the provisions of this
17 subchapter.
18 (e) Payment of mandatory in-service training.--The
19 commission may pay for the cost of mandatory in-service training
20 for all police officers to the extent determined by the
21 commission.
22 SUBPART D
23 AREA GOVERNMENT AND INTERGOVERNMENTAL COOPERATION
24 Chapter
25 23. General Provisions
26 25. Environmental Improvement Compacts
27 CHAPTER 23
28 GENERAL PROVISIONS
29 Subchapter
30 A. Intergovernmental Cooperation
19930S0838B0911 - 40 -
1 B. Environmental Advisory Councils
2 C. Regional Planning
3 SUBCHAPTER A
4 INTERGOVERNMENTAL COOPERATION
5 Sec.
6 2301. Scope of subchapter.
7 2302. Definitions.
8 2303. Intergovernmental cooperation authorized.
9 2304. Intergovernmental cooperation.
10 2305. Ordinance.
11 2306. Initiative and referendum.
12 2307. Content of ordinance.
13 2308. Bids for certain joint purchases.
14 2309. Direct purchases.
15 2310. Joint purchases with private educational
16 establishments.
17 2311. Written or telephonic price quotations required.
18 2312. Division of transactions provided.
19 2313. Penalty.
20 2314. Review of agreement by Local Government Commission.
21 2315. Effect of joint cooperation agreements.
22 § 2301. Scope of subchapter.
23 This subchapter applies to all local governments.
24 § 2302. Definitions.
25 The following words and phrases when used in this subchapter
26 shall have the meanings given to them in this section unless the
27 context clearly indicates otherwise:
28 "Local government." A county, city of the second class,
29 second class A and third class, borough, incorporated town,
30 township, school district or any other similar general purpose
19930S0838B0911 - 41 -
1 unit of government created by the General Assembly after July
2 12, 1972.
3 § 2303. Intergovernmental cooperation authorized.
4 (a) General rule.--Two or more local governments in this
5 Commonwealth may jointly cooperate, or any local government may
6 jointly cooperate with any similar entities located in any other
7 state, in the exercise or in the performance of their respective
8 governmental functions, powers or responsibilities.
9 (b) Joint agreements.--For the purpose of carrying the
10 provisions of this subchapter into effect, the local governments
11 or other entities so cooperating shall enter into any joint
12 agreements as may be deemed appropriate for those purposes.
13 § 2304. Intergovernmental cooperation.
14 A municipality by act of its governing body may, or upon
15 being required by initiative and referendum in the area affected
16 shall, cooperate or agree in the exercise of any function, power
17 or responsibility with, or delegate or transfer any function,
18 power or responsibility to, one or more other local governments,
19 the Federal Government or any other state or its government.
20 § 2305. Ordinance.
21 A local government may enter into intergovernmental
22 cooperation with or delegate any functions, powers or
23 responsibilities to another governmental unit or local
24 government upon the passage of an ordinance by its governing
25 body. If mandated by initiative and referendum in the area
26 affected, the local government shall adopt such an ordinance.
27 § 2306. Initiative and referendum.
28 (a) Initiative.--An initiative under this subchapter shall
29 be commenced by filing with the appropriate election officials
30 at least 90 days prior to the next primary or general election a
19930S0838B0911 - 42 -
1 petition containing a proposal for referendum signed by electors
2 comprising 5% of the number of electors voting for the office of
3 Governor in the last gubernatorial election in each local
4 government or area affected. The applicable election officials
5 shall place the proposal on the ballot in a manner fairly
6 representing the content of the petition for decision by
7 referendum at the election. Initiative on a similar question
8 shall not be submitted more often than once in five years.
9 (b) Referendum.--The question shall be placed on the ballot
10 as a referendum and shall become effective by a majority vote of
11 the electors voting thereon.
12 § 2307. Content of ordinance.
13 The ordinance adopted by the governing body of a local
14 government entering into intergovernmental cooperation or
15 delegating or transferring any functions, powers or
16 responsibilities to another local government or to a council of
17 governments, consortium or any other similar entity shall
18 specify:
19 (1) The conditions of agreement in the case of
20 cooperation with or delegation to other local governments,
21 the Commonwealth, other states or the Federal Government.
22 (2) The duration of the term of the agreement.
23 (3) The purpose and objectives of the agreement,
24 including the powers and scope of authority delegated in the
25 agreement.
26 (4) The manner and extent of financing the agreement.
27 (5) The organizational structure necessary to implement
28 the agreement.
29 (6) The manner in which real or personal property shall
30 be acquired, managed, licensed or disposed of.
19930S0838B0911 - 43 -
1 (7) That the entity created under this section shall be
2 empowered to enter into contracts for policies of group
3 insurance and employee benefits, including Social Security,
4 for its employees.
5 § 2308. Bids for certain joint purchases.
6 All joint purchases involving an expenditure of more than
7 $10,000 shall be made by contract, in writing, only after notice
8 for bids once a week for two weeks in at least one and not more
9 than two newspapers of general circulation in the joining local
10 governments. All contracts shall be let to the lowest
11 responsible bidder. Every contract for the construction,
12 reconstruction, alteration, repair, improvement or maintenance
13 of public works shall comply with the provisions of the act of
14 March 3, 1978 (P.L.6, No.3), known as the Steel Products
15 Procurement Act.
16 § 2309. Direct purchases.
17 In addition to joint purchases authorized by section 2308
18 (relating to bids for certain joint purchases), local
19 governments may make direct purchases from vendors or suppliers
20 of goods, materials or equipment without compliance with
21 existing and otherwise applicable statutory requirements
22 governing competitive bidding and execution of contracts as
23 follows:
24 (1) Any county may by appropriate resolution, and
25 subject to such reasonable regulations as it may prescribe,
26 permit any local government within the county to participate
27 in or purchase off contracts for goods, materials or
28 equipment entered into by the county.
29 (2) Any local government desiring to participate in
30 purchase contracts shall file with the county purchasing
19930S0838B0911 - 44 -
1 agency and with the county solicitor a certified copy of an
2 ordinance or resolution of its governing body requesting that
3 it be authorized to participate in purchase contracts of the
4 county and agreeing that it will be bound by the terms and
5 conditions as the county prescribes and that it will be
6 responsible for payment directly to the vendor under each
7 purchase contract.
8 (3) The county may permit participation by local
9 governments only where the solicitation for bids and
10 specifications for the county contracts, and the contracts
11 themselves, expressly provide for and inform prospective and
12 successful bidders that the contract to be let is intended to
13 be subject to this subchapter and to regulations adopted by
14 the county.
15 (4) Among the terms and conditions as the county may
16 specify, it shall prescribe that all prices shall be F.O.B.
17 destination.
18 § 2310. Joint purchases with private educational
19 establishments.
20 Any local government may, by ordinance, authorize joint
21 purchases of materials, supplies and equipment with any private
22 school, parochial school, private college or university or
23 nonprofit human services agency within the local government. The
24 ordinance shall require that the school, college or agency shall
25 be bound by the terms and conditions of purchasing agreements
26 which the local government prescribes and that the school,
27 college or agency shall be responsible for payment directly to
28 the vendor under each purchase contract. Schools, colleges and
29 agencies shall be exempt from any existing statutory
30 requirements governing competitive bidding and execution of
19930S0838B0911 - 45 -
1 contracts with respect to purchases under this section.
2 § 2311. Written or telephonic price quotations required.
3 Written or telephonic price quotations from at least three
4 qualified and responsible contractors shall be requested for all
5 contracts that exceed $4,000 but are less than the amount
6 requiring advertisement and competitive bidding or, in lieu of
7 price quotations, a memorandum shall be kept on file showing
8 that fewer than three qualified contractors exist in the market
9 area within which it is practicable to obtain quotations. A
10 written record of telephonic price quotations shall be made and
11 shall contain at least the date of the quotation, the name of
12 the contractor and the contractor's representative, the
13 construction, reconstruction, repair, maintenance or work which
14 was the subject of the quotation and the price, written price
15 quotations, written records of telephonic price quotations and
16 memoranda shall be retained for a period of three years.
17 § 2312. Division of transactions provided.
18 No local government shall evade the provisions of section
19 2308 (relating to bids for certain joint purchases) as to
20 advertising for bids or purchasing materials or contracting for
21 services piece-meal, for the purpose of obtaining prices under
22 $10,000 upon transactions which should in the exercise of
23 reasonable discretion and prudence be conducted as one
24 transaction amounting to more than $10,000. This provision is
25 intended to make unlawful the practice of evading advertising
26 requirements by making a series of purchases or contracts each
27 for less than the advertising requirement price, or by making
28 several simultaneous purchases or contracts each below such
29 price, when in either case the transaction involved should have
30 been made as one transaction for one price.
19930S0838B0911 - 46 -
1 § 2313. Penalty.
2 Any member of a governing body of a local government who
3 votes to unlawfully evade the provisions of section 2308
4 (relating to bids for certain joint purchases) and who knows
5 that the transaction upon which he so votes is or ought to be a
6 part of a larger transaction and that it is being divided in
7 order to evade the requirements as to advertising for bids,
8 commits a misdemeanor of the third degree for each contract
9 entered into as a direct result of that vote.
10 § 2314. Review of agreement by Local Government Commission.
11 Every agreement between a local government and the
12 Commonwealth, any other state, government of another state or
13 the Federal Government under the provisions of this subchapter
14 shall, prior to and as a condition precedent to enactment of an
15 ordinance, be submitted to the Local Government Commission for
16 review and recommendation. The commission shall within 60 days
17 of receipt of the agreement determine whether it is in proper
18 form and compatible with the laws of this Commonwealth. Failure
19 of the commission to make recommendations within 60 days of
20 receipt of the agreement shall constitute a recommendation in
21 favor of the agreement.
22 § 2315. Effect of joint cooperation agreements.
23 Any joint cooperation agreement shall be deemed in force as
24 to any local government when the agreement has been adopted by
25 ordinance by all cooperating local governments. After adoption
26 by all cooperating local governments, the agreement shall be
27 binding upon the local government, and its covenants may be
28 enforced by appropriate remedy by any one or more of the local
29 governments against any other local government which is a party
30 to the agreement.
19930S0838B0911 - 47 -
1 SUBCHAPTER B
2 ENVIRONMENTAL ADVISORY COUNCILS
3 Sec.
4 2321. Scope of subchapter.
5 2322. Establishment of Environmental Advisory Council.
6 2323. Composition and organization of council.
7 2324. Powers and duties of council.
8 2325. Records and reports.
9 2326. Appropriations for expenses of council.
10 2327. Status of existing agencies unaffected.
11 2328. Assistance from Department of Environmental Resources.
12 2329. Assistance from Department of Community Affairs.
13 § 2321. Scope of subchapter.
14 This subchapter applies to all municipal corporations.
15 § 2322. Establishment of Environmental Advisory Council.
16 The governing body of any municipal corporation, or group of
17 two or more municipal corporations, may by ordinance establish
18 an environmental advisory council to advise other local
19 governmental agencies, including, but not limited to, the
20 planning commission, park and recreation boards and elected
21 officials, on matters dealing with protection, conservation,
22 management, promotion and use of natural resources, including
23 air, land and water resources, located within its or their
24 territorial limits.
25 § 2323. Composition and organization of council.
26 (a) Composition.--An environmental advisory council shall be
27 composed or no less than three nor more than seven residents of
28 the municipal corporation establishing the council, who shall be
29 appointed and all vacancies filled by the governing body. Where
30 two or more municipal corporations jointly establish an
19930S0838B0911 - 48 -
1 environmental advisory council, the members shall be appointed
2 in the same manner by each of the respective municipal
3 corporations establishing the council, each constituent
4 municipal corporation to have equal membership on the joint
5 council.
6 (b) Term of office.--Council members shall serve for three
7 years except that initial appointments shall be so staggered
8 that the terms of approximately one-third of the membership
9 shall expire each year, the terms of their successors to be of
10 three years each.
11 (c) Compensation and expenses.--Members shall receive no
12 compensation for their services, but shall be reimbursed for the
13 expenses actually and necessarily incurred by them in the
14 performance of their duties.
15 (d) Chairman.--The appointing authority shall designate the
16 chairman of the council except that in joint councils the
17 chairman shall be elected by the duly selected members. Whenever
18 possible, one member shall also be a member of the municipal
19 planning board.
20 § 2324. Powers and duties of council.
21 (a) General rule.--An environmental advisory council shall
22 have the power to:
23 (1) Identify environmental problems and recommend plans
24 and programs to the appropriate agencies for the promotion
25 and conservation of the natural resources and for the
26 protection and improvement of the quality of the environment
27 within its territorial limits.
28 (2) Make recommendations as to the possible use of open
29 land areas of the municipal corporations within its
30 territorial limits.
19930S0838B0911 - 49 -
1 (3) Promote a community environmental program.
2 (4) Keep an index of all open areas, publicly or
3 privately owned, including flood-prone areas, swamps and
4 other unique natural areas, for the purpose of obtaining
5 information on the proper use of those areas.
6 (5) Advise the appropriate local government agencies,
7 including the planning commission and recreation and park
8 board or, if none, the elected governing body or bodies
9 within its territorial limits, in the acquisition of both
10 real and personal property by gift, purchase, grant, bequest,
11 easement, devise or lease, in matters dealing with the
12 purposes of this subchapter.
13 (b) Limitation.--An environmental advisory council shall not
14 exercise any powers or perform any duties which by law are
15 conferred or imposed upon a Commonwealth agency.
16 § 2325. Records and reports.
17 An environmental advisory council shall keep records of its
18 meetings and activities and shall make an annual report which
19 shall be printed in the annual report of the municipal
20 corporation or, if none, otherwise made known and available.
21 § 2326. Appropriations for expenses of council.
22 The governing body of any municipal corporation establishing
23 an environmental advisory council may appropriate funds for the
24 expenses incurred by the council. Appropriations may be expended
25 for those administrative, clerical, printing and legal services
26 as may be required and as shall be within the limit of funds
27 appropriated to the council. The whole or any part of any funds
28 so appropriated in any year may be placed in a conservation fund
29 and allowed to accumulate from year to year or may be expended
30 in any year.
19930S0838B0911 - 50 -
1 § 2327. Status of existing agencies unaffected.
2 This subchapter shall not be construed to require a municipal
3 corporation to abolish an existing commission with a related
4 responsibility or to prevent its establishment.
5 § 2328. Assistance from Department of Environmental Resources.
6 The State Conservation Commission in the Department of
7 Environmental Resources shall establish a program of assistance
8 to environmental advisory councils that may include educational
9 services, exchange of information, assignment of technical
10 personnel for natural resources planning assistance and the
11 coordination of State and local conservation activities.
12 § 2329. Assistance from Department of Community Affairs.
13 The Department of Community Affairs shall establish a program
14 of assistance to environmental advisory councils in planning for
15 the management, use and development of open space and recreation
16 areas.
17 SUBCHAPTER C
18 REGIONAL PLANNING
19 Sec.
20 2341. Short title and scope of subchapter.
21 2342. Definitions.
22 2343. Declaration of policy.
23 2344. Establishment and organization of regional planning
24 commission.
25 2345. Finances, staff and program.
26 2346. Commission to prepare master plan.
27 2347. Cooperation between commission, municipalities and
28 others.
29 2348. Interstate participation.
30 § 2341. Short title and scope of subchapter.
19930S0838B0911 - 51 -
1 (a) Short title of subchapter.--This subchapter shall be
2 known and may be cited as the Regional Planning Law.
3 (b) Scope of subchapter.--This subchapter applies to all
4 municipalities; but it shall not operate as a reenactment of any
5 provisions repealed by section 1202 of the act of July 31, 1968
6 (P.L.805, No.247), known as the Pennsylvania Municipalities
7 Planning Code.
8 § 2342. Definitions.
9 The following words and phrases when used in this subchapter
10 shall have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Commission." A regional planning commission created in
13 accordance with the terms of this subchapter.
14 "Governing body." The body or board authorized by law to
15 enact ordinances or adopt resolution for the municipality.
16 "Region." An area comprised of two or more municipalities
17 which have joined in creating a regional planning commission.
18 § 2343. Declaration of policy.
19 For the purpose of promoting health, safety, morals and the
20 general welfare of the regions in this Commonwealth, through
21 effective development, the powers set forth in this subchapter
22 for the establishment of regional planning commissions are
23 granted.
24 § 2344. Establishment and organization of regional planning
25 commission.
26 (a) General rule.--The governing body of two or more
27 municipalities may, by ordinance or resolution, authorize the
28 establishment or membership in and support of a regional
29 planning commission. The number and qualifications of the
30 members of any commission and their terms and method of
19930S0838B0911 - 52 -
1 appointment or removal shall be determined and agreed upon by
2 the governing bodies. A majority of the members of the
3 commission shall at the time of appointment to the commission
4 and throughout the duration of their service on the commission
5 be locally elected officials. Members of the commission shall
6 serve without salary but may be paid expenses incurred in the
7 performance of their duties. The commission shall elect a
8 chairman whose term shall not exceed one year and who shall be
9 eligible for reelection. The commission may create and fill
10 other offices as it may determine.
11 (b) Rules and records.--The commission shall adopt rules for
12 the transaction of business and shall keep a record of its
13 resolutions, transactions, findings and determinations, which
14 shall be a public record.
15 (c) Assistance from municipality.--Any municipality may,
16 upon the request of the commission, assign or detail to the
17 commission any employees of a municipality to make special
18 surveys or studies requested by the commission.
19 § 2345. Finances, staff and program.
20 (a) General rule.--The governing bodies of municipalities
21 may appropriate funds for the purpose of contributing to the
22 operation of the commission. The commission may, with the
23 consent of all the governing bodies, also receive grants from
24 the Federal or State governments or from individuals or
25 foundations, and shall have the authority to contract therewith.
26 The commission may appoint such employees and staff as it deems
27 necessary for its work and contract with planners and other
28 consultants for the services it may require. The commission may
29 also perform planning services for any municipality which is not
30 a member thereof and may charge fees for the work. The
19930S0838B0911 - 53 -
1 commission may also prepare and sell maps, reports, bulletins or
2 other material and establish reasonable charges therefor.
3 (b) Planning assistance.--The commission may provide
4 planning assistance and do planning work, including surveys,
5 land use studies, urban renewal plans, technical services and
6 other elements of comprehensive planning programs, for any
7 municipalities within the region. For this purpose, the
8 commission may, with the consent of all the governing bodies,
9 accept any funds, personnel or other assistance made available
10 by the Federal or State government or from individuals or
11 foundations and, for the purposes of receiving and using Federal
12 or State planning grants for provision of urban planning
13 assistance, the commission may enter into contracts regarding
14 the acceptance or use of the funds or assistance.
15 § 2346. Commission to prepare master plan.
16 The commission shall prepare a master plan, and the surveys
17 and studies essential thereto, for the guidance of the physical
18 development of the region.
19 § 2347. Cooperation between commission, municipalities and
20 others.
21 The commission shall encourage the cooperation of the
22 municipalities within the region in matters which concern the
23 integrity of the master plan or maps prepared by the commission
24 and, as an aid toward coordination, all municipalities and
25 public officials shall, upon request, furnish the commission
26 within a reasonable time the available maps, plans, reports and
27 statistical or other information it may require for its work.
28 § 2348. Interstate participation.
29 Whenever a regional planning commission has been or is being
30 established to serve the Pennsylvania portion of an area which,
19930S0838B0911 - 54 -
1 for planning purposes, constitutes a logical region as approved
2 by the State Planning Board and which extends beyond the
3 boundaries of this Commonwealth, the commission may admit to
4 membership municipalities that are part of the same region but
5 located in other states. Municipalities may participate, through
6 membership and financial support, in commissions that have been
7 or are being established in other states when the municipalities
8 are part of the same region served by the out-of-State
9 commission.
10 CHAPTER 25
11 ENVIRONMENTAL IMPROVEMENT COMPACTS
12 Subchapter
13 A. Preliminary Provisions
14 B. Initiative
15 C. Municipal Referendum Ordinance
16 D. Referendum
17 E. Election of Board
18 F. Organization of Board
19 SUBCHAPTER A
20 PRELIMINARY PROVISIONS
21 Sec.
22 2501. Short title and scope of chapter.
23 2502. Definitions.
24 § 2501. Short title and scope of chapter.
25 (a) Short title of chapter.--This chapter shall be known and
26 may be cited as the Environmental Improvement Compact Act.
27 (b) Scope of chapter.--This chapter applies to all
28 municipalities.
29 § 2502. Definitions.
30 The following words and phrases when used in this chapter
19930S0838B0911 - 55 -
1 shall have the meanings given to them in this section unless the
2 context clearly indicates otherwise:
3 "Board." The Environmental Improvement Compact Board elected
4 under this chapter.
5 "Election officials." The county boards of election, except
6 in Philadelphia where the term means the city commissioners.
7 "Electors." The registered voters of any municipality
8 involved in proceedings relating to the environmental
9 improvement compact.
10 "Environmental improvement compact." A structure of
11 government and powers concerning one or more municipal functions
12 involving two or more municipalities in this Commonwealth under
13 procedures provided in this chapter.
14 SUBCHAPTER B
15 INITIATIVE
16 Sec.
17 2511. Proposal by electors.
18 2512. Initiative petition.
19 2513. Review of initiative petition.
20 2514. Petition as public record.
21 2515. Distribution of petition.
22 § 2511. Proposal by electors.
23 A referendum on the question of the creation of an
24 environmental improvement compact may be initiated by electors
25 of two or more municipalities as provided in this chapter.
26 § 2512. Initiative petition.
27 (a) Filing.--A petition containing a proposal for referendum
28 on the question of adopting an environmental improvement compact
29 on one or more municipal functions, signed by electors
30 comprising 2% of the number of electors voting for the office of
19930S0838B0911 - 56 -
1 Governor in the last gubernatorial general election in each
2 municipality involved, may be filed with the election officials
3 at least 90 days prior to the next primary held in an even-
4 numbered year or general election.
5 (b) Size of board.--The petition shall designate a five,
6 seven or nine member board.
7 (c) Designation of petitioners.--The name and address of the
8 person filing the petition shall be clearly stated on the
9 petition.
10 § 2513. Review of initiative petition.
11 The election officials shall, within ten days after filing,
12 review the initiative petition as to the number and
13 qualifications of signers. If the petition appears to be
14 defective, the election officials shall immediately notify the
15 person filing the petition of the defect.
16 § 2514. Petition as public record.
17 The initiative petition as submitted to the election
18 officials along with the list of signatories shall be open to
19 public inspection in the office of the election officials.
20 § 2515. Distribution of petition.
21 When the election officials find that the petition as
22 submitted is in proper order, they shall send copies of the
23 initiative petition without signatures thereon to the governing
24 body of the municipalities involved and to the Department of
25 Community Affairs.
26 SUBCHAPTER C
27 MUNICIPAL REFERENDUM ORDINANCE
28 Sec.
29 2521. Referendum ordinance.
30 2522. Filing of referendum ordinance.
19930S0838B0911 - 57 -
1 2523. Notice to governing bodies of referendum date.
2 § 2521. Referendum ordinance.
3 The governing bodies of two or more municipalities may, by
4 ordinance in each municipality, provide for a referendum on the
5 question of adopting an environmental improvement compact. The
6 ordinance shall designate a five, seven or nine member board.
7 § 2522. Filing of referendum ordinance.
8 (a) Election officials.--The referendum ordinance shall be
9 filed with the election officials at least 90 days prior to the
10 next primary or general election.
11 (b) Department of Community Affairs.--When the ordinances
12 are filed with the election officials, copies of the referendum
13 ordinance shall be immediately filed with the Department of
14 Community Affairs.
15 § 2523. Notice to governing bodies of referendum date.
16 The election officials shall notify the governing bodies of
17 the municipalities involved of the date set for the referendum
18 election on the proposal at least 30 days before the election.
19 SUBCHAPTER D
20 REFERENDUM
21 Sec.
22 2531. Referendum procedures.
23 2532. Placing question on ballot.
24 2533. Date of election.
25 2534. Public notice of referendum.
26 2535. Approval.
27 2536. Results of election.
28 § 2531. Referendum procedures.
29 (a) Authorization.--A referendum on the question of the
30 adoption of an environmental improvement compact shall be held
19930S0838B0911 - 58 -
1 when initiated by electors of the municipalities in accordance
2 with Subchapter B (relating to initiative) or after
3 authorization by ordinance of the governing bodies of the
4 municipalities in accordance with Subchapter C (relating to
5 municipal referendum ordinance).
6 (b) Procedure.--The procedure for the referendum shall be
7 governed by the act of June 3, 1937 (P.L.1333, No.320), known as
8 the Pennsylvania Election Code.
9 § 2532. Placing question on ballot.
10 When the election officials find the ordinances authorized by
11 the governing bodies of the municipalities or the initiative
12 petition as submitted by the electors meets the requirements of
13 this chapter, they shall place the proposal on the ballot in a
14 manner fairly representing the content of the ordinances or of
15 the initiative petition for decision by referendum at the proper
16 election.
17 § 2533. Date of election.
18 The election officials shall certify the date for the
19 referendum, and shall so notify the governing bodies of the
20 municipalities at least 30 days prior to that date.
21 § 2534. Public notice of referendum.
22 At least 30 days' notice of the referendum shall be given by
23 proclamation of the mayors of the cities, boroughs or
24 incorporated towns, by the chairmen of the boards of county
25 commissioners, by the presidents of the boards of township
26 commissioners or by the chairmen of the boards of township
27 supervisors, as the case may be. A copy of the proclamation
28 shall be posted at each polling place of the municipalities on
29 the day of the election and shall be published once in at least
30 one newspaper of general circulation in the municipalities
19930S0838B0911 - 59 -
1 during the 30-day period prior to the election.
2 § 2535. Approval.
3 Approval of a referendum for the adoption of an environmental
4 improvement compact shall be by a majority vote of those voting
5 in each municipality involved.
6 § 2536. Results of election.
7 The election officials shall certify the results of the
8 referendum to the governing bodies and the Department of
9 Community Affairs.
10 SUBCHAPTER E
11 ELECTION OF BOARD
12 Sec.
13 2541. Election of board.
14 2542. Nomination of candidates.
15 2543. Election returns.
16 § 2541. Election of board.
17 (a) Petition for election.--If a referendum for the adoption
18 of an environmental improvement compact is approved by a
19 majority of voters in each municipality involved, the governing
20 bodies shall, within 30 days of the certification of the results
21 of the referendum election, submit to the election officials a
22 petition to provide for the election of the board.
23 (b) Terms of office.--The majority of the members to be
24 elected to the first board receiving the highest number of votes
25 in the election shall serve for four-year terms, while the
26 remainder shall serve for two-year terms. Thereafter, all
27 candidates for the board shall have four-year terms.
28 (c) Election.--Members of the board shall be elected at the
29 next municipal election not less than 90 days from the date of
30 the referendum.
19930S0838B0911 - 60 -
1 § 2542. Nomination of candidates.
2 Candidates for membership on the board shall be electors of
3 the municipalities involved. Each shall be nominated by
4 nomination papers signed by a number of electors in their
5 municipality or residence which is affected by the compact equal
6 to at least 2% of the largest vote cast for any elected officer
7 of the municipality elected at the last preceding municipal
8 election. Nomination shall be in the manner provided by and
9 subject to the provisions of the act of June 3, 1937 (P.L.1333,
10 No.320), known as the Pennsylvania Election Code, which relate
11 to the nomination of candidates nominated by nomination papers
12 filed by political bodies for other offices elected by the
13 voters of the municipality. Nomination papers shall not be
14 circulated prior to 30 days before the last day on which the
15 papers may be filed and shall be filed with the election
16 officials not less than 44 days prior to the date of the
17 election.
18 § 2543. Election returns.
19 The result of the votes cast for members of the board at the
20 municipal election shall be returned by the election officials
21 to the governing bodies of municipalities involved and to the
22 Department of Community Affairs.
23 SUBCHAPTER F
24 ORGANIZATION OF BOARD
25 Sec.
26 2551. Membership of board.
27 2552. Compensation of board.
28 2553. Organization of board.
29 2554. Secretary and treasurer of board.
30 2555. Purposes and powers of board.
19930S0838B0911 - 61 -
1 § 2551. Membership of board.
2 The board shall be composed of five, seven or nine members as
3 provided in Subchapter E (relating to election of board).
4 § 2552. Compensation of board.
5 A majority of all the members of the governing bodies of the
6 municipalities involved shall set the annual compensation for
7 the members of the board.
8 § 2553. Organization of board.
9 On the first Monday of January following the municipal
10 election, members of the board shall assemble at a designated
11 meeting place and shall organize by electing one of their own
12 members as chairman. This member shall preside at all meetings
13 and perform other duties as the board may prescribe. In the
14 absence of the chairman, the board shall elect a temporary
15 presiding officer. The board shall adopt rules for its procedure
16 and conduct of business. Any vacancy shall be filled by an
17 elector from the municipalities involved appointed by the
18 remaining members of the board.
19 § 2554. Secretary and treasurer of board.
20 (a) Secretary.--The board shall appoint a secretary who
21 shall keep the records and minutes of the board proceedings,
22 maintain a record of other official activities and perform other
23 functions as required by law.
24 (b) Treasurer.--The board shall appoint a treasurer. The
25 treasurer shall collect or receive taxes, assessments and other
26 funds due the board.
27 § 2555. Purposes and powers of board.
28 (a) Status and purposes.--Every board created under this
29 chapter shall be a body corporate and politic and shall be for
30 the purpose of acquiring, holding, constructing, improving,
19930S0838B0911 - 62 -
1 maintaining and operating, owning or leasing, either in the
2 capacity of lessor or lessee, for any government function of two
3 or more municipalities.
4 (b) Powers and duties.--The board shall have and may
5 exercise all powers necessary or convenient for the carrying out
6 of the purposes under subsection (a), including the following
7 powers and duties:
8 (1) Sue and be sued.
9 (2) Adopt, use and alter at will a seal of the board.
10 (3) Acquire, purchase, hold, lease as lessee and use any
11 franchise, property, real, personal or mixed, tangible or
12 intangible, or any interest therein necessary or desirable
13 for carrying out the purposes of the board, and sell, lease
14 as lessor, transfer and dispose of any property or interest
15 acquired by it.
16 (4) Acquire by purchase, lease or otherwise and
17 construct, improve, maintain, repair and operate projects.
18 (5) Make bylaws for the management and regulation of its
19 affairs.
20 (6) Appoint officers, agents, employees and servants,
21 prescribe their duties and fix their compensation.
22 (7) Fix and collect taxes not to exceed two mills of
23 real estate within the municipalities involved and charge and
24 collect rates and other charges in the area served by its
25 facilities, at reasonable and uniform rates to be determined
26 by it, for the purpose of providing for the payment of the
27 expenses of the board, the construction, improvement, repair,
28 maintenance and operation of its facilities and properties
29 and the payment of the principal and interest on its
30 obligations and to fulfill the terms of any agreements made
19930S0838B0911 - 63 -
1 with the holders of any such obligations or with
2 municipalities served or to be served by the board. Any
3 person questioning the reasonableness or uniformity of any
4 rate fixed by the board or the adequacy, safety and
5 reasonableness of the board's services may bring suit against
6 the board in the court of common pleas of the county where
7 the project is located. If the project is located in more
8 than one county, the suit may be brought in the court of
9 common pleas of the county where the principal office of the
10 project is located.
11 (8) Borrow money and make and issue negotiable notes,
12 bonds, refunding bonds and other evidences of indebtedness or
13 obligations of the board. These instruments shall have a
14 maturity date not longer than 30 years from the date of
15 issue, except that no refunding bonds shall have a maturity
16 date later than the life of the board. The board may secure
17 the payment of the instruments or any part of them by pledge
18 or deed of trust of all or any of its revenues and receipts
19 and make agreements with the holders of these instruments, or
20 with others in connection with these instruments, whether
21 issued or to be issued, as the board deems advisable. The
22 board shall provide for the security for these instruments
23 and the rights of the holders of them, and in respect to any
24 project constructed and operated under agreement with any
25 board or any public authority of any adjoining state, and may
26 borrow money and issue notes, bonds and other evidences of
27 indebtedness and obligations jointly with any authority.
28 (9) Make contracts and execute all instruments necessary
29 or convenient for the carrying on of its powers and duties.
30 (10) Without limitation of the foregoing, borrow money
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1 and accept grants from and enter into contracts, leases or
2 other transactions with any Federal agency or Commonwealth
3 municipality, school district, corporation or authority.
4 (11) Have the power of eminent domain, with the consent
5 of the county commissioners of the county where the land is
6 located and with the consent of council in cities of the
7 first class.
8 (12) Pledge, hypothecate or otherwise encumber all or
9 any of the revenues or receipts of the board as security for
10 the obligations of the board.
11 (13) Do all acts and things necessary or convenient for
12 the promotion of its business and the general welfare of the
13 board in order to carry out the powers granted to it by this
14 chapter or any other statutes.
15 (14) Enter into contracts of group insurance for the
16 benefit of its employees and set up a retirement or pension
17 fund for employees.
18 SUBPART E
19 HOME RULE AND OPTIONAL PLAN GOVERNMENT
20 Chapter
21 29. General Provisions
22 30. Types of Optional Plans of Government
23 31. General Provisions Common to Optional Plans
24 CHAPTER 29
25 GENERAL PROVISIONS
26 Subchapter
27 A. Preliminary Provisions
28 B. Procedure for Adoption of Home Rule Charter or
29 Optional Plan of Government
30 C. Amendment of Existing Charter or Optional Plan
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1 D. Conduct of Election
2 E. General Powers and Limitations of Home Rule Charter
3 Municipalities
4 F. General Provisions and Limitations for Optional Plan
5 Municipalities
6 G. Miscellaneous Provisions
7 SUBCHAPTER A
8 PRELIMINARY PROVISIONS
9 Sec.
10 2901. Short title and scope of subpart.
11 2902. Definitions.
12 § 2901. Short title and scope of subpart.
13 (a) Short title of subpart.--This subpart shall be known and
14 may be cited as the Home Rule Charter and Optional Plans Law.
15 (b) Scope of subpart.--This subpart applies to all
16 municipalities except cities of the first class and counties of
17 the first class.
18 § 2902. Definitions.
19 Subject to additional definitions contained in subsequent
20 provisions of this subpart which are applicable to specific
21 provisions of this subpart, the following words and phrases when
22 used in this subpart shall have the meanings given to them in
23 this section unless the context clearly indicates otherwise:
24 "Council." County commissioner, city council, borough
25 council, town council, township commissioner in a township of
26 the first class and supervisor in a township of the second
27 class.
28 "Election officials." The county boards of elections.
29 "Electors." The registered voters of any municipality
30 involved in proceedings relating to the adoption and repeal of
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1 optional forms of government.
2 "Governing body." Board of county commissioners, city
3 council, borough or incorporated town council, commissioners of
4 a township of the first class and supervisors of a township of
5 the second class or their successor forms of government.
6 "Government study commission" or "commission." The body
7 elected under the provisions of Subchapter B (relating to
8 procedure for adoption of home rule charter or optional plan of
9 government).
10 "Home rule charter." A written document defining the powers,
11 structure, privileges, rights and duties of the municipal
12 government and limitations thereon. The charter shall also
13 provide for the composition and election of the governing body,
14 which in all cases shall be chosen by popular elections.
15 "Local municipality." Municipal corporation except a city of
16 the first class.
17 "Nonresident." Any person or entity not a resident within
18 the meaning of this subpart.
19 "Optional forms." Includes home rule charters and optional
20 plans.
21 "Optional plans." Optional municipal powers, procedures and
22 administrative structures as provided by this subpart.
23 "Rate of taxation." The amount of tax levied by a
24 municipality on a permissible subject of taxation.
25 "Resident." Any person or other entity living in or
26 maintaining a permanent or fixed place of abode in a
27 municipality or conducting or engaging in a business for profit
28 within a municipality.
29 "Subject of taxation." Any person, business, corporation,
30 partnership, entity, real property, tangible or intangible
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1 personal property, property interest, transaction, occurrence,
2 privilege, transfer, occupation or any other levy which is
3 determined to be taxable by the General Assembly. The term shall
4 not be construed to mean the rate of tax which may be imposed on
5 a permissible subject of taxation.
6 SUBCHAPTER B
7 PROCEDURE FOR ADOPTION OF HOME RULE CHARTER
8 OR OPTIONAL PLAN OF GOVERNMENT
9 Sec.
10 2911. Submission of question for election of government study
11 commission.
12 2912. Election of members of commission.
13 2913. Nomination of candidates.
14 2914. Results of election.
15 2915. Oath of office of members of commission.
16 2916. First meeting of commission.
17 2917. Vacancies.
18 2918. Function and duty of commission.
19 2919. Compensation and personnel.
20 2920. Hearings and public forums.
21 2921. Report of findings and recommendations.
22 2922. Discharge of petition and amended reports.
23 2923. Types of action recommended.
24 2924. Specificity of recommendations.
25 2925. Form of question on form of government.
26 2926. Submission of question on form of government.
27 2927. Limitation on enactment of ordinance or filing
28 of petition.
29 2928. Time when change of form of government takes effect.
30 2929. Limitation on changing new form of government.
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1 2930. Status of forms of government provided in subpart.
2 § 2911. Submission of question for election of government study
3 commission.
4 (a) General rule.--Whenever authorized by ordinance of the
5 governing body or upon petition of the electors to the county
6 board of electors of the county wherein the municipality is
7 located, an election shall be held upon one of the following
8 questions:
9 Shall a government study commission of (seven, nine
10 or eleven) members be elected to study the existing form
11 of government of the municipality, to consider the
12 advisability of the adoption of an optional form of
13 government and to recommend whether or not an optional
14 plan of government should be adopted?
15 Shall a government study commission of (seven, nine
16 or eleven) members be elected to study the existing form
17 of government of the municipality, to consider the
18 advisability of the adoption of a home rule charter, and
19 if advisable, to draft and to recommend a home rule
20 charter?
21 Shall a government study commission of (seven, nine
22 or eleven) members be elected to study the existing form
23 of government of the municipality, to consider the
24 advisability of the adoption of an optional form of
25 government or a home rule charter, to recommend the
26 adoption of an optional form of government or to draft
27 and recommend a home rule charter?
28 (b) Petition for election.--The petition calling for the
29 election shall be in the form required by subsection (e) and
30 shall be signed by electors comprising 5% of the number of
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1 electors voting for the office of Governor in the last
2 gubernatorial general election.
3 (c) Ordinance authorizing election.--Within five days after
4 the final enactment of an ordinance authorizing the election,
5 the municipal clerk or secretary shall file a certified copy of
6 the ordinance with the county board of elections, together with
7 a copy of the question to be submitted to the electors.
8 (d) Duty of election board.--At the next general or
9 municipal or primary election occurring not less than the 13th
10 Tuesday after the filing of the ordinance or the petition with
11 the county board of elections, it shall cause the appropriate
12 question to be submitted to the electors as other questions are
13 submitted under the act of June 3, 1937 (P.L.1333, No.320),
14 known as the Pennsylvania Election Code.
15 (e) Requirements for petitions.--A referendum petition under
16 this section shall be filed not later than the 13th Tuesday
17 prior to the election, and the petition and the proceedings
18 therein shall be in the manner and subject to the provisions of
19 the election laws which relate to the signing, filing and
20 adjudication of nomination petitions insofar as those provisions
21 are applicable. No referendum petition may be signed or
22 circulated prior to the 20th Tuesday before the election nor
23 later than the 13th Tuesday before the election. No candidate's
24 nomination petition may be signed or circulated prior to the
25 13th Tuesday before the election nor later than the tenth
26 Tuesday before the election. Any petition under this section
27 shall be filed on or before the tenth Tuesday before the
28 election.
29 § 2912. Election of members of commission.
30 (a) General rule.--A governmental study commission of seven,
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1 nine or eleven members, as designated in the question, shall be
2 elected by the qualified voters at the same election the
3 question is submitted to the electors.
4 (b) Nomination of candidates.--Each candidate for the office
5 of member of the commission shall be nominated and placed upon
6 the ballot containing the question in the manner provided by and
7 subject to the provisions of the act of June 3, 1937 (P.L.1333,
8 No.320), known as the Pennsylvania Election Code, which relate
9 to the nomination of a candidate nominated by nomination papers
10 filed for other offices elective by the voters. Each candidate
11 shall be nominated and listed without any political designation
12 or slogan, and no nomination paper shall be signed or circulated
13 prior to the 13th Tuesday before the election, nor later than
14 the tenth Tuesday before the election. No signature shall be
15 counted unless it bears a date within this period.
16 (c) Instructions to electors.--Each elector shall be
17 instructed to vote on the question and, regardless of the manner
18 of his vote on the question, to vote for the designated number
19 of members of a government study commission who shall serve if
20 the question is or has been determined in the affirmative.
21 (d) Insufficient number of candidates or members.--If an
22 insufficient number of nominating papers is filed to fill all of
23 the designated positions on the study commission, the question
24 of establishing a commission shall be placed on the ballot, and,
25 unless a sufficient number of study commission members are
26 elected by receiving at least as many votes as signature are
27 required to file a nominating position, then the question of
28 creating a study commission shall be deemed to have been
29 rejected.
30 § 2913. Nomination of candidates.
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1 (a) General rule.--All candidates for the government study
2 commission shall be electors. Each candidate shall be nominated
3 by nomination papers signed by a number of electors equal at
4 least to 2% of the number of electors voting for the office of
5 Governor in the last gubernatorial general election or 200
6 electors, whichever is less, and filed with the county board of
7 elections not later than the tenth Tuesday prior to the date of
8 the election.
9 (b) Content and signing of nomination papers.--Each
10 nomination paper shall set forth the name, place of residence
11 and post office address of the candidate thereby nominated, that
12 the nomination is for the office of government study
13 commissioner and that the signers are legally qualified to vote
14 for the candidate. An elector may not sign nomination papers for
15 more candidates for the commission than he could vote for at the
16 election. Every elector signing a nomination paper shall write
17 his place of residence, post office address and street number,
18 if any, on the petition.
19 (c) Acceptance by candidate.--Each nomination paper shall,
20 before it may be filed with the county board of elections,
21 contain under oath of the candidate an acceptance of the
22 nomination in writing, signed by the candidate therein
23 nominated, upon or annexed to the paper, or, if the same person
24 be named in more than one paper, upon or annexed to one of the
25 papers. The acceptance shall certify that the candidate is an
26 elector, that the nominee consents to run as a candidate at the
27 election and that, if elected, the candidate agrees to take
28 office and serve.
29 (d) Verification of nomination papers.--Each nomination
30 paper shall be verified by an oath of one or more of the
19930S0838B0911 - 72 -
1 signers, taken and subscribed before a person qualified under
2 the laws of this Commonwealth to administer an oath, to the
3 effect that the paper was signed by each of the signers in his
4 proper handwriting, that the signers are, to the best knowledge
5 and belief of the affiant, electors and that the nomination
6 paper is prepared and filed in good faith for the sole purpose
7 of endorsing the person named therein for election as stated in
8 the paper.
9 § 2914. Results of election.
10 The result of the votes cast for and against the question as
11 to the election of a government study commission shall be
12 returned by the election officers, and a canvass of the election
13 had, as is provided by law in the case of other public questions
14 put to the electors. The votes cast for members of the
15 commission shall be counted and the result returned by the
16 county board of electors, and a canvass of the election had, as
17 is provided by law in the case of election of members of
18 municipal councils or boards. The designated number of
19 candidates receiving the greatest number of votes shall be
20 elected and shall constitute the commission. If a majority of
21 those voting on the question vote against the election of a
22 commission, none of the candidates shall be elected. If two or
23 more candidates for the last seat shall be equal in number of
24 votes, they shall draw lots to determine which one shall be
25 elected.
26 § 2915. Oath of office of members of commission.
27 (a) Members elected on countywide basis.--As soon as
28 possible, and in any event no later than ten days after its
29 certification of election, the members of a government study
30 commission elected on a countywide basis shall, before a judge
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1 of a court of common pleas, make oath to support the
2 Constitution of the United States and the Constitution of
3 Pennsylvania, and to perform the duties of the office with
4 fidelity.
5 (b) Other members.--As soon as possible and in any event no
6 later than ten days after its certification of election, the
7 members of a government study commission elected on other than a
8 countywide basis shall, before a district justice or a justice
9 of the peace, make oath to support the Constitution of the
10 United States and the Constitution of Pennsylvania, and to
11 perform the duties of the office with fidelity.
12 § 2916. First meeting of commission.
13 (a) Procedure.--As soon as possible and in any event no
14 later than 15 days after its certification of election, the
15 government study commission shall organize and hold its first
16 meeting and elect one of its members chairman and another member
17 vice chairman, fix its hours and place of meeting and adopt
18 rules for the conduct of its business it deems necessary and
19 advisable.
20 (b) Quorum.--A majority of the members of the commission
21 shall constitute a quorum for the transaction of business, but
22 no recommendation of the commission shall have any legal effect
23 unless adopted by a majority of the whole number of the members
24 of the commission.
25 § 2917. Vacancies.
26 In case of a vacancy in the government study commission, the
27 remaining members of the commission shall fill it by appointing
28 thereto some other properly qualified elector.
29 § 2918. Function and duty of commission.
30 The government study commission shall study the form of
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1 government of the municipality to compare it with other
2 available forms under the laws of this Commonwealth and
3 determine whether or not in its judgment the government could be
4 strengthened or made more clearly responsible or accountable to
5 the people or whether its operation could become more economical
6 or efficient under a changed form of government.
7 § 2919. Compensation and personnel.
8 (a) Compensation and expenses of members.--Members of the
9 government study commission shall serve without compensation,
10 but shall be reimbursed by the municipality for their necessary
11 expenses incurred in the performance of their duties. Council
12 shall appropriate moneys necessary for this purpose.
13 (b) Appointment and compensation of personnel.--Within the
14 limits of the appropriations and other public and privately
15 contributed funds and services made available to it, the
16 commission may appoint one or more consultants and clerical and
17 other assistants to serve at the pleasure of the commission and
18 may fix reasonable compensation therefor to be paid the
19 consultants and clerical and other assistants.
20 § 2920. Hearings and public forums.
21 The government study commission shall hold one or more public
22 hearings, may hold private hearings and sponsor public forums
23 and generally shall provide for the widest possible public
24 information and discussion respecting the purposes and progress
25 of its work.
26 § 2921. Report of findings and recommendations.
27 (a) General rule.--The government study commission shall
28 report its findings and recommendations to the citizens of the
29 municipality within nine months from the date of its election
30 except that it shall be permitted an additional nine months if
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1 it elects to prepare and submit a proposed home rule charter and
2 an additional two months if it chooses to elect its municipal
3 council by districts. It shall publish or cause to be published
4 sufficient copies of its final report for public study and
5 information and shall deliver to the municipal clerk or
6 secretary sufficient copies of the report to supply it to any
7 interested citizen upon request. If the commission recommends
8 the adoption of a home rule charter or any of the optional plans
9 of government as authorized in this subpart, the report shall
10 contain the complete plans as recommended.
11 (b) List of resources used.--There shall be attached to each
12 copy of the report of the commission, as a part thereof, a
13 statement sworn to by the members of the commission listing in
14 detail the funds, goods, materials and services, both public and
15 private, used by the commission in the performance of its work
16 and the preparation and filing of the report. In addition, the
17 list shall identify specifically the supplier of each item
18 thereon.
19 (c) Filing copy with Department of Community Affairs.--A
20 copy of the final report of the commission with its findings and
21 recommendations shall be filed with the Department of Community
22 Affairs.
23 (d) Disposition of records.--All the records, reports,
24 tapes, minutes of meetings and written discussions of the
25 commission shall, upon its discharge, be turned over to the
26 municipal clerk or secretary for permanent safekeeping and made
27 available for public inspection at any time during regular
28 business hours.
29 § 2922. Discharge of petition and amended reports.
30 (a) General rule.--The government study commission shall be
19930S0838B0911 - 76 -
1 discharged upon the filing of its report, but if the
2 commission's recommendations require further procedure in the
3 form of a referendum on the part of the electors, the commission
4 shall not be discharged until the procedure has been finally
5 concluded. At any time prior to 60 days before the date of the
6 referendum, the commission may modify or change any
7 recommendation set forth in the final report by publishing an
8 amended report.
9 (b) Effect of amended report.--Whenever a commission issues
10 an amended report pursuant to subsection (a), the amended report
11 shall supersede the final report and the final report shall
12 cease to have any legal effect.
13 (c) Procedure under amended report.--The procedure to be
14 taken under the amended report shall be governed by the
15 provisions of this subpart applicable to the final report of a
16 commission submitted pursuant to section 2921 (relating to
17 report of findings and recommendations).
18 § 2923. Types of action recommended.
19 The government study commission shall report and recommend in
20 accordance with the question presented to the electorate as
21 provided in section 2911 (relating to submission of question for
22 election of government study commission):
23 (1) That a referendum shall be held to submit to the
24 electors the question of adopting one of the optional plans
25 of government authorized by this subpart to be specified by
26 the commission.
27 (2) That a referendum shall be held to submit to the
28 electors the question of adopting a home rule charter as
29 prepared by the commission and as authorized by this subpart.
30 (3) That the form of government shall remain unchanged.
19930S0838B0911 - 77 -
1 (4) Such other action as it deems advisable consistent
2 with its functions as set forth in this subpart.
3 § 2924. Specificity of recommendations.
4 (a) Optional plan of government.--
5 (1) If the government study commission report recommends
6 the adoption or the amendment of any of the optional plans of
7 government set forth in this subpart, except the optional
8 county plan, the report of the commission may specify the
9 following:
10 (i) That the municipal council shall consist of
11 three, five, seven or nine members, except that under the
12 small municipality plan and under the optional county
13 plan the number of council members shall be as provided
14 in sections 3073 (relating to election of council
15 members) and 3092 (relating to county officers).
16 (ii) That the office of treasurer shall be omitted
17 or that it shall be filled by election by the electors
18 rather than by appointment.
19 (iii) That the office of controller shall be omitted
20 or that it shall be filled by election by the electors
21 rather than by appointment.
22 (2) If a commission report, initiative petition or
23 ordinance shall recommend any optional plan, except for the
24 optional county plan, it may specify that the then existing
25 basis for electing council members shall be changed to an at-
26 large or district or combination at-large and district basis.
27 (3) If a commission report, initiative petition or
28 ordinance recommends the adoption of the council-manager form
29 of government, it may specify that the mayor or president of
30 council or chairman be elected directly by the electors
19930S0838B0911 - 78 -
1 rather than by council.
2 (4) If a commission report, initiative petition or
3 ordinance for a county recommends the adoption of any of the
4 optional plans, except the optional county plan, it may
5 specify that the sheriff be elected directly by the voters of
6 the county as provided in section 3094 (relating to
7 additional options for election of county sheriff).
8 (5) In all cases, except for the council-manager plan,
9 the commission report, initiative petition or ordinance shall
10 specify whether the executive (mayor) shall be called
11 "executive" or "mayor."
12 (b) Home rule charter.--If the commission recommends the
13 adoption of a home rule charter, it shall specify the number to
14 be on the municipal council, all offices to be filled by
15 election and whether elections shall be on an at-large, district
16 or combination district and at-large basis.
17 (c) Elections in new or revised districts.--Notwithstanding
18 any other provisions of this subpart, if an approved home rule
19 charter or optional plan of government or other form of
20 government adopted pursuant to the provisions of this subpart
21 specifies that the election of the municipal council shall be on
22 an at-large or district or combination district and at-large
23 basis, and the basis recommended differs from the existing basis
24 and therefore requires eliminating districts or establishing
25 revised or new districts, then election of municipal officials
26 shall not take place on the new basis until the municipal
27 election following the next primary election taking place more
28 than 180 days after the election at which the referendum on the
29 question of a new form of government has been approved by the
30 electorate. The new form of government shall not go into effect
19930S0838B0911 - 79 -
1 until the first Monday in January following the election of
2 municipal officials on the new basis. New or revised districts
3 shall be established by the government study commission and
4 included in the proposed charter.
5 § 2925. Form of question on form of government.
6 The question to be submitted to the voters for the adoption
7 of a home rule charter or any of the optional plans of
8 government authorized by this subpart shall be submitted in one
9 of the following forms or such part of them as shall be
10 applicable.
11 Shall the Home Rule Charter contained in the report,
12 dated (insert date), of the government study commission,
13 prepared in accordance with the Home Rule Charter and
14 Optional Plans Law, be adopted by the (insert type and
15 name of municipality)?
16 Shall (insert name of plan), including
17 recommendations pertaining to optional provisions
18 contained in the report of the government study
19 commission, dated (insert date), as authorized by the
20 Home Rule Charter and Optional Plans Law, be adopted by
21 the (insert type and name of municipality)?
22 Shall the (Home Rule Charter) (Optional Plan) of the
23 (insert type and name of municipality) be repealed, and
24 the form of government recommended in the report of the
25 government study commission, dated (insert date), be
26 adopted as authorized by the Home Rule Charter and
27 Optional Plans Law?
28 Shall an Optional Plan for the (insert type and name
29 of municipality) be amended as specified in the report of
30 the government study commission filed with the election
19930S0838B0911 - 80 -
1 officials of the County of (insert name of county), on
2 (insert date), as authorized by the Home Rule Charter and
3 Optional Plans Law?
4 § 2926. Submission of question on form of government.
5 If the government study commission recommends that the
6 question of adopting a home rule charter or one of the optional
7 plans of government authorized by this subpart shall be
8 submitted to the electors, the municipal clerk or secretary
9 shall, within five days thereafter, certify a copy of the
10 commission's report to the county board of elections, which
11 shall cause the question of adoption or rejection to be placed
12 upon the ballot or voting machines at the time as the commission
13 specifies in its report. The commission may cause the question
14 to be submitted to the electors at the next primary, municipal
15 or general election occurring not less than 60 days following
16 the filing of a copy of the commission's report with the county
17 board of elections, at the time the commission's report directs.
18 At the election, the question of adopting that form of
19 government recommended by the commission shall be submitted to
20 the electors by the county board of elections in the same manner
21 as other questions are submitted to the electors under the act
22 of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania
23 Election Code. The commission shall frame the question to be
24 placed upon the ballot as provided for in section 2925 (relating
25 to form of question on form of government) and, if it deems
26 appropriate, an interpretative statement to accompany the
27 question.
28 § 2927. Limitation on enactment of ordinance or filing of
29 petition.
30 (a) General rule.--An ordinance may not be passed and a
19930S0838B0911 - 81 -
1 petition may not be filed for the election of a government study
2 commission pursuant to section 2911 (relating to submission of
3 question for election of government study commission) while
4 proceedings are pending under any other petition or ordinance
5 filed or passed under the authority of this subpart nor on the
6 same question if it has been defeated within four years after an
7 election has been held pursuant to any such ordinance or
8 petition passed or filed.
9 (b) Time for commencement of proceedings.--For the purpose
10 of this section, proceedings shall be considered as having
11 started:
12 (1) In the case of an ordinance, upon the final vote of
13 council in favor of the ordinance, notwithstanding the fact
14 that the ordinance cannot take effect until a certain number
15 of days thereafter.
16 (2) In the case of a petition, as soon as it is properly
17 signed by one-third of the number of registered voters
18 required for the petition and written notice thereof filed in
19 the office of the county board of elections and in the office
20 of the municipal clerk or secretary, who shall cause the
21 notice to be immediately posted in a conspicuous place in the
22 office, open to public inspection.
23 § 2928. Time when change of form of government takes effect.
24 Whenever the electors by a majority of those voting on the
25 question vote in favor of adopting a change in their form of
26 government pursuant to this subpart, the proposed form shall
27 take effect according to its terms and the provisions of this
28 subpart.
29 § 2929. Limitation on changing new form of government.
30 The voters of any municipality which has adopted a home rule
19930S0838B0911 - 82 -
1 charter or an optional plan of government pursuant to this
2 subpart may not vote on the question of changing the form of
3 government until five years after the home rule charter or
4 optional plan became effective.
5 § 2930. Status of forms of government provided in subpart.
6 For the purposes of this subpart, each of the optional forms
7 of government provided by this subpart and each of those
8 optional forms as modified by any available provisions
9 concerning size of council, election of municipal officials and
10 the basis for electing councilmen is hereby declared to be a
11 complete and separate form of government provided by the General
12 Assembly for submission to the electors.
13 SUBCHAPTER C
14 AMENDMENT OF EXISTING CHARTER OR OPTIONAL PLAN
15 Sec.
16 2941. Procedure for amendment of charter or optional plan.
17 2942. Initiation of amendment by electors or council.
18 2943. Petition for referendum or ordinance proposing amendment.
19 2944. Time and manner of submission of question.
20 § 2941. Procedure for amendment of charter or optional plan.
21 (a) Procedure.--The procedure for amending a home rule
22 charter or optional plan of government shall be through the
23 initiative procedure and referendum or ordinance of the
24 governing body as provided for in this subpart.
25 (b) Changes in method of election.--Changes in the method of
26 election of a municipal governing body from at-large elections
27 to elections by district, maintain at-large elections or a
28 combination of at-large elections and elections by district may
29 be implemented by amending a home rule charter or optional plan
30 without creation of a government study commission.
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1 (c) Conflict in the question.--If two or more questions
2 appear on the ballot at the same election and such questions are
3 in conflict and more than one receives the approval of the
4 voters, the question which receives the largest number of
5 affirmative votes shall prevail over the others.
6 (d) Initial apportionment.--If the referendum on the
7 question results in the approval by the voters to amend the home
8 rule charter or optional plan to provide for the election of the
9 governing body either by districts or partially by districts and
10 partially at large or in a change in the number of members of
11 the governing body, the initial apportionment of the districts
12 shall be made by an apportionment commission consisting of seven
13 members, all of whom shall reside in such municipality. Two
14 members of the apportionment commission shall be appointed by
15 the mayor. Two members of the apportionment commission shall be
16 appointed by the governing body; one shall be appointed by the
17 mayor from a list of at least three qualified persons
18 recommended by the municipal committee of the political party
19 whose mayoral candidate received the highest number of votes
20 cast in the most recent mayoral election and one shall be
21 appointed by the mayor from a list of at least three qualified
22 persons recommended by the municipal committee of the political
23 party whose mayoral candidate received the second highest votes
24 in the most recent mayoral election. The seventh member of the
25 commission shall be elected at large by a majority vote of the
26 other six members and shall serve as chairman of the commission.
27 § 2942. Initiation of amendment by electors or council.
28 A referendum on the question of amendment of a home rule
29 charter or an optional plan of government may be initiated by
30 petition of the electors or such a referendum may be initiated
19930S0838B0911 - 84 -
1 by an ordinance of the governing body. A proposal for amendment
2 of an optional plan shall be limited to the additional options
3 provided for in section 2924 (relating to specificity of
4 recommendations).
5 § 2943. Petition for referendum or ordinance proposing
6 amendment.
7 (a) Filing.--A petition containing a proposal for referendum
8 on the question of amending a home rule charter or an optional
9 plan of government signed by electors comprising 10% of the
10 number of electors voting for the office of Governor in the last
11 gubernatorial general election in the municipality, or an
12 ordinance of the municipal governing body proposing amendment of
13 a home rule charter or an optional plan, shall be filed with the
14 election officials not later than the 13th Tuesday prior to the
15 next primary, municipal or general election. The petition and
16 the proceedings therein shall be in the manner and subject to
17 the provisions of the election laws which relate to the signing,
18 filing and adjudication of nomination petitions insofar as such
19 provisions are applicable, except that no referendum petition
20 shall be signed or circulated prior to the 20th Tuesday before
21 the election nor later than the 13th Tuesday before the
22 election. The name and address of the person filing the petition
23 shall be clearly stated on the petition.
24 (b) Review and disposition of petition.--The election
25 officials shall review the initiative petition as to the number
26 and qualifications of signers. If the petition appears to be
27 defective, the election officials shall immediately notify the
28 persons filing the petition of the defect. When the election
29 officials find that the petition as submitted is in proper
30 order, they shall send copies of the initiative petition without
19930S0838B0911 - 85 -
1 signatures thereon to the governing body and to the Department
2 of Community Affairs. The initiative petition as submitted to
3 the election officials, along with a list of signatories, shall
4 be open to inspection in the office of the election officials.
5 § 2944. Time and manner of submission of question.
6 A referendum on the question of the amendment of a home rule
7 charter or an optional plan of government shall be held when the
8 election officials find that the initiative petition or
9 ordinance of the governing body is in proper order. The
10 referendum shall be governed by the provisions of the act of
11 June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania
12 Election Code. The election officials shall cause the question
13 to be submitted to the electors at the next primary, general or
14 municipal election occurring not less than the 13th Tuesday
15 following the filing of the initiative petition or ordinance
16 with county board of elections. At the election, the question
17 shall be submitted to the voters in the same manner as other
18 questions are submitted under the Pennsylvania Election Code.
19 The county board of elections shall frame the question to be
20 placed upon the ballot.
21 SUBCHAPTER D
22 CONDUCT OF ELECTION
23 Sec.
24 2951. Conduct and results of election.
25 2952. Notice of election.
26 § 2951. Conduct and results of election.
27 All elections provided for in this subpart shall be conducted
28 by the election officials for such municipality in accordance
29 with the act of June 3, 1937 (P.L.1333, No.320), known as the
30 Pennsylvania Election Code. The election officials shall count
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1 the votes cast and make return thereof to the county board of
2 elections. The results of the election shall be computed by the
3 county board of elections in the same manner as is provided by
4 law for the computation of similar returns. Certificates of the
5 results of the election shall be filed by the county board of
6 elections with the municipal council or board, the Department of
7 State and the Department of Community Affairs.
8 § 2952. Notice of election.
9 At least 30 days' notice of each election provided for under
10 this subpart shall be given by the clerk or secretary of the
11 municipality. A copy of the notice shall be posted at each
12 polling place on the day of the election and shall be published
13 in at least one newspaper of general circulation in the
14 municipality once a week for three consecutive weeks during the
15 period of 30 days prior to the election.
16 SUBCHAPTER E
17 GENERAL POWERS AND LIMITATIONS OF
18 HOME RULE CHARTER MUNICIPALITIES
19 Sec.
20 2961. Scope of powers of home rule.
21 2962. Limitations on municipal powers.
22 2963. Exercise of municipal powers by home rule county.
23 2964. General powers of municipalities.
24 2965. Recording and filing of charter.
25 2966. Continuation of office of existing elective officials.
26 2967. Repeal of home rule charter.
27 § 2961. Scope of powers of home rule.
28 A municipality which has adopted a home rule charter may
29 exercise any powers and perform any function not denied by the
30 Constitution of Pennsylvania, by statute or by its home rule
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1 charter. All grants of municipal power to municipalities
2 governed by a home rule charter under this subchapter, whether
3 in the form of specific enumeration or general terms, shall be
4 liberally construed in favor of the municipality.
5 § 2962. Limitation on municipal powers.
6 (a) Powers granted by statute.--With respect to the
7 following subjects, the home rule charter shall not give any
8 power or authority to the municipality contrary to, or in
9 limitation or enlargement of, powers granted by statutes which
10 are applicable to a class or classes of municipalities:
11 (1) The filing and collection of municipal tax claims or
12 liens and the sale of real or personal property in
13 satisfaction of them.
14 (2) The procedures in the exercise of the powers of
15 eminent domain and the assessment of damages and benefits for
16 property taken, injured or destroyed.
17 (3) Boundary changes.
18 (4) Regulation of public schools.
19 (5) The registration of electors and the conduct of
20 elections.
21 (6) The fixing of subjects of taxation.
22 (7) The fixing of the rates of nonproperty or personal
23 taxes levied upon nonresidents.
24 (8) The assessment of real or personal property and
25 persons for taxation purposes.
26 (9) Defining or providing for the punishment of any
27 felony or misdemeanor.
28 (10) Municipal planning under the act of July 31, 1968
29 (P.L.805, No.247), known as the Pennsylvania Municipalities
30 Planning Code.
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1 (b) Taxing power.--Unless prohibited by the Constitution of
2 Pennsylvania, the provisions of this subpart or any other
3 statute or its home rule charter, a municipality which has
4 adopted a home rule charter shall have the power and authority
5 to enact and enforce local tax ordinances upon any subject of
6 taxation granted by statute to the class of municipality of
7 which it would be a member but for the adoption of a home rule
8 charter at any rate of taxation determined by the governing
9 body. No home rule municipality shall establish or levy a rate
10 of taxation upon nonresidents which is greater than the rate
11 which a municipality would have been authorized to levy on
12 nonresidents but for the adoption of a home rule charter. The
13 governing body shall not be subject to any limitation on the
14 rates of taxation imposed upon residents.
15 (c) Prohibited powers.--A municipality shall not:
16 (1) Engage in any proprietary or private business except
17 as authorized by statute.
18 (2) Exercise powers contrary to, or in limitation or
19 enlargement of, powers granted by statutes which are
20 applicable in every part of this Commonwealth.
21 (3) Be authorized to diminish the rights or privileges
22 of any former municipal employee entitled to benefits or any
23 present municipal employee in his pension or retirement
24 system.
25 (4) Enact or promulgate any ordinance or regulation with
26 respect to definitions, sanitation, safety, health, standards
27 of identity or labeling pertaining to the manufacture,
28 processing, storage, distribution and sale of any foods,
29 goods or services subject to any Commonwealth statutes and
30 regulations unless the municipal ordinance or regulation is
19930S0838B0911 - 89 -
1 uniform in all respects with the Commonwealth statutes and
2 regulations thereunder. This paragraph does not affect the
3 power of any municipality to enact and enforce ordinances
4 relating to building codes or any other safety, sanitation or
5 health regulation pertaining thereto.
6 (5) Enact any provision inconsistent with any statute
7 heretofore enacted prior to April 13, 1972, affecting the
8 rights, benefits or working conditions of any employee of a
9 political subdivision of this Commonwealth.
10 (d) Reduction of police force.--Notwithstanding any
11 provision of this subpart or any other statute to the contrary,
12 any municipality that is or was a city of the second class A may
13 reduce its police force or its firefighting force for economic
14 reasons, as determined by ordinance.
15 (e) Statutes of general application.--Statutes that are
16 uniform and applicable in every part of this Commonwealth shall
17 remain in effect and shall not be changed or modified by this
18 subpart. Statutes shall supersede any municipal ordinance or
19 resolution on the same subject.
20 (f) Regulation of business and employment.--A municipality
21 which adopts a home rule charter shall not determine duties,
22 responsibilities or requirements placed upon businesses,
23 occupations and employers, including the duty to withhold, remit
24 or report taxes or penalties levied or imposed upon them or upon
25 persons in their employment, except as expressly provided by
26 statutes which are applicable in every part of this Commonwealth
27 or which are applicable to all municipalities or to a class or
28 classes of municipalities. This subsection shall not be
29 construed as a limitation in fixing rates of taxation on
30 permissible subjects of taxation.
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1 (g) Regulation of firearms.--A municipality shall not enact
2 any ordinance or take any other action dealing with the
3 regulation of the transfer, ownership, transportation or
4 possession of firearms.
5 (h) Levying taxes.--This section does not limit or take away
6 any right of a municipality which adopts a home rule charter
7 from levying any tax which it had the power to levy had it not
8 adopted a home rule charter.
9 (i) Establishment of rates of taxation.--No provision of
10 this subpart or any other statute shall limit a municipality
11 which adopts a home rule charter from establishing its own rates
12 of taxation upon all authorized subjects of taxation except
13 those specified in subsection (a)(7).
14 (j) Retroactive fee increase prohibited.--A municipality
15 which adopts a home rule charter may not retroactively increase
16 any fee or charge for any municipal service which has been
17 provided.
18 § 2963. Exercise of municipal powers by home rule county.
19 A county which has adopted a home rule charter shall not at
20 any time thereafter exercise within any municipality in the
21 county a power or function being exercised by that municipality,
22 except under all of the following conditions:
23 (1) The exercise of such power or function by the county
24 shall be authorized by ordinance of the governing body of the
25 county, which ordinance, in addition to such other filings as
26 may be required by law, shall be filed with the clerk or
27 secretary of each local municipality within the county within
28 30 days of its enactment.
29 (2) The transfer of a power or function to the county
30 from any local municipality within the county, as authorized
19930S0838B0911 - 91 -
1 by the ordinance, shall not become effective for at least 15
2 months from the date of adoption of the ordinance.
3 (3) Within 120 days from the adoption of the ordinance,
4 the governing body of any local municipality, exercising on
5 the date of the adoption of the ordinance any power or
6 function authorized by ordinance of the county to be
7 exercised by the county, may elect by ordinance to be
8 excluded from the county's exercise of the power or function.
9 Within 60 days after the date of adoption by the governing
10 body of a local municipality of an ordinance excluding the
11 local municipality from the exercise by the county of a power
12 or function, or in the absence of any action of the governing
13 body, the qualified electors of the local municipality may
14 initiate a petition requiring that the question of inclusion
15 or exclusion from the exercise of the power or function by
16 the county be submitted to a referendum of the electorate at
17 the election held on the date of the next ensuing primary,
18 municipal or general election not less than 60 days after the
19 filing of the initiative petition with the county board of
20 elections. The initiative and referendum procedures set forth
21 in this subchapter or Subchapter F (relating to general
22 provisions and limitations for optional plan municipalities)
23 shall be followed, except where the same may be inconsistent
24 with any of the provisions of this section. In the event the
25 county determines there is insufficient interest or that it
26 is not feasible to establish the proposed municipal function
27 or power as provided for in the ordinance passed by the
28 county, the county may repeal the county ordinance prior to
29 the effective date of the ordinance.
30 (4) The governing body of any local municipality may by
19930S0838B0911 - 92 -
1 ordinance, subsequent to the time limit for action as set
2 forth in paragraph (3), request the county to be included in
3 a municipal power or function being exercised by the county.
4 However, the county may specify the terms and conditions for
5 acceptance or denial of the power or function requested by
6 the local municipality to be exercised by the county, which
7 shall be subject to court review if the local municipality
8 determines that the terms and conditions as set forth by the
9 county are unreasonable.
10 (5) No assessment, tax, fee or levy in the nature
11 thereof made by the governing body of a county in support of
12 the exercise of a power or function as authorized by
13 ordinance of the county shall be applicable in any local
14 municipality within the county which is providing the same
15 municipal power or function.
16 (6) If the electors of a local municipality by
17 referendum vote to exclude the local municipality from the
18 exercise of a power or function by the county, a petition may
19 not be initiated nor may a referendum be held on the same
20 question more often than every five years thereafter.
21 (7) A local municipality may, by action of the governing
22 body, or by initiative and referendum, withdraw from a power
23 or function which it was exercising at the date of the
24 adoption of the county home rule charter which it transferred
25 to a county, provided it again assumes and exercises the
26 power or function, but may not vote on the question of
27 withdrawing sooner than four years from the time the county
28 assumed the power or function of the local municipality.
29 § 2964. General powers of municipalities.
30 Municipalities adopting a home rule charter shall have the
19930S0838B0911 - 93 -
1 power to:
2 (1) Sue and be sued.
3 (2) Have a corporate seal.
4 (3) Contract and be contracted with.
5 (4) Buy, sell, lease, hold and dispose of real and
6 personal property.
7 (5) Appropriate and expend moneys.
8 (6) Adopt, amend and repeal any ordinances and
9 resolutions as may be required.
10 § 2965. Recording and filing of charter.
11 The municipal clerk or secretary shall have the new charter
12 as approved by the qualified electors recorded in the ordinance
13 books and shall also file a certified copy of the charter with
14 the Department of State, the Department of Community Affairs and
15 the county board of elections.
16 § 2966. Continuation of office of existing elective officials.
17 All elective officials in office at the time of the adoption
18 of a home rule charter shall continue in office until their
19 terms expire.
20 § 2967. Repeal of home rule charter.
21 (a) General rule.--The procedure for repeal of a home rule
22 charter shall be the same as for adoption of a home rule
23 charter. Whenever the electors, by a majority vote of those
24 voting on the question, vote in favor of repeal of a home rule
25 charter and the establishment of a particular form of
26 government, the municipality shall be governed under the form of
27 government selected by the electors from the first Monday of
28 January following the municipal election at which the elective
29 officials of the form of government selected by the electors
30 shall have been elected. The government study commission shall
19930S0838B0911 - 94 -
1 provide in its report for the new form of government to be
2 established.
3 (b) Election of new officials.--The elective officials under
4 a new form of government selected by the electors shall be
5 elected at the first municipal election held after the
6 referendum on the repeal of a home rule charter or at a later
7 date as may be specified by the commission in its report.
8 SUBCHAPTER F
9 GENERAL PROVISIONS AND LIMITATIONS FOR
10 OPTIONAL PLAN MUNICIPALITIES
11 Sec.
12 2971. Law applicable to optional plan.
13 2972. Recording and filing of plan.
14 2973. Scope of powers of optional plan.
15 2974. Limitation on powers of optional plan.
16 § 2971. Law applicable to optional plan.
17 Upon the adoption by the electors of any of the optional
18 plans of government as set forth in this subpart, the
19 municipality shall thereafter be governed by the plan adopted
20 and by the provisions of general law applicable to that class or
21 classes of municipality except as otherwise provided in this
22 subpart. Until the municipality adopts another form of
23 government, the plan adopted and the provisions of general law
24 applicable to that class or classes of municipality shall be
25 law. All statutes affecting the organization, government and
26 powers of the municipality which are not inconsistent or in
27 conflict with this subpart shall remain in full force until
28 modified or repealed.
29 § 2972. Recording and filing of plan.
30 The municipal clerk or secretary shall immediately cause the
19930S0838B0911 - 95 -
1 new plan of government as adopted to be recorded in the
2 ordinance book of the municipality and shall also file a
3 certified copy thereof with the Department of State, the
4 Secretary of Community Affairs and the county board of
5 elections.
6 § 2973. Scope of powers of optional plan.
7 The general grant of municipal power under this subpart is
8 intended to confer the greatest power of self government
9 consistent with the Constitution of Pennsylvania and with the
10 provisions of and the limitations prescribed by this subpart.
11 Any specific enumeration of municipal powers contained in this
12 subpart or in other statutes does not limit the general
13 description of power contained in this subpart. Any specifically
14 enumerated municipal powers are in addition and supplementary to
15 the powers conferred in general terms by this subchapter. All
16 grants of municipal power to municipalities governed by an
17 optional plan under this subpart, whether in the form of
18 specific enumeration or general terms, shall be liberally
19 construed in favor of the municipality.
20 § 2974. Limitation on powers of optional plan.
21 The optional plan of any municipality adopted in accordance
22 with this subpart shall not give any power or authority to
23 diminish any rights or privileges of any present municipal
24 employee in his pension or retirement system. No municipality
25 shall exercise any powers or authority beyond the municipal
26 limits except those conferred by statute, and no municipality
27 shall engage in any proprietary or private business except as
28 authorized by the General Assembly.
29 SUBCHAPTER G
30 MISCELLANEOUS PROVISIONS
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1 Sec.
2 2981. Limitation on local municipality.
3 2982. Retention of existing form of government.
4 2983. Retention of existing form of government when electors
5 disapprove proposal.
6 2984. Assumption of functions previously assumed by other
7 municipality.
8 § 2981. Limitation on local municipality.
9 No local municipality within a county shall supersede or
10 exercise any power, function or service presently exercised by
11 the county.
12 § 2982. Retention of existing form of government.
13 Each municipality which does not adopt a home rule charter or
14 an optional plan under this subpart shall retain its existing
15 form of government as otherwise provided by law.
16 § 2983. Retention of existing form of government when electors
17 disapprove proposal.
18 In case the electors of any municipality disapprove a
19 proposal to adopt a home rule charter or an optional plan of
20 government, the municipality shall retain its existing form of
21 government.
22 § 2984. Assumption of functions previously assumed by other
23 municipality.
24 (a) Assumption of indebtedness.--A municipality assuming a
25 function previously performed by another municipality under the
26 terms of this subchapter shall also assume all the indebtedness
27 and obligations of the municipality relating to the function. If
28 property, indebtedness or obligations of another municipality
29 not within the boundaries of the municipality assuming the
30 function is involved, the governing bodies of the respective
19930S0838B0911 - 97 -
1 municipalities shall make an adjustment and apportionment of all
2 public property involved.
3 (b) Procedure for adjustment and apportionment.--The
4 adjustment and apportionment shall be reduced to a written
5 agreement which shall be filed with the court of common pleas of
6 the county and the Department of Community Affairs.
7 (c) Petition for adjustment and apportionment.--In case the
8 municipalities cannot make an amicable adjustment and
9 apportionment of the property, obligations and indebtedness
10 within six months after the function is assumed, any of the
11 municipalities may present a petition to the court of common
12 pleas. The court shall then appoint three disinterested
13 commissioners, all residents and taxpayers of the county, but
14 none residing in or owners of real property in any of the
15 municipalities. After hearing, notice of which shall be given to
16 the municipalities as the court shall direct, the commissioners
17 shall file a report with the court making an adjustment and
18 apportionment of all the property as well as the obligations or
19 indebtedness. The report shall state the amount that shall be
20 due and payable from each municipality, the forms of payment and
21 the amount of obligations and indebtedness that shall be assumed
22 by each.
23 (d) Notice to municipalities.--The commissioners shall give
24 the municipalities at least five days' written notice of the
25 filing of their report. Unless exceptions are filed to the
26 report within 30 days after the date of the filing, the report
27 shall be confirmed by the court absolutely. Any sum awarded by
28 the report shall be a legal and valid claim in its favor against
29 the municipality charged. Any real or personal property given to
30 a municipality shall become its property. Any claim or
19930S0838B0911 - 98 -
1 indebtedness charged against the municipality may be collected
2 from it.
3 (e) Exceptions to report.--If exceptions are filed to the
4 report of the commissioners, the court shall dispose of them,
5 taking testimony if it deems advisable. The court shall enter
6 its decree confirming the award of the commissioners or
7 modifying the same as appears just and proper.
8 (f) Compensation to commissioners.--The commissioners shall
9 be allowed any compensation and expenses for their services as
10 the court shall fix. The costs of the proceedings, including the
11 compensation and expenses of the commissioners, shall be
12 apportioned by the court between the municipalities as it deems
13 proper.
14 (g) Jurisdiction of court.--If a municipality or part of a
15 municipality is located in two or more counties, the court of
16 common pleas of the county where the larger part of the
17 municipality assuming the function is located shall have
18 exclusive jurisdiction over the proceedings.
19 CHAPTER 30
20 TYPES OF OPTIONAL PLANS OF GOVERNMENT
21 Subchapter
22 A. Executive (Mayor) - Council Plan A
23 B. Executive (Mayor) - Council Plan B
24 C. Executive (Mayor) - Council Plan C
25 D. Council-Manager Plan
26 E. Small Municipality Plan
27 F. Optional County Plan
28 SUBCHAPTER A
29 EXECUTIVE (MAYOR) - COUNCIL PLAN A
30 Sec.
19930S0838B0911 - 99 -
1 3001. Designation and applicability of plan.
2 3002. Officers and employees.
3 3003. Election and term of office of officials.
4 3004. Election and term of office of council members.
5 3005. First election of council members.
6 3006. Legislative power vested in council.
7 3007. Organization of council.
8 3008. Powers of council concerning officers and agencies.
9 3009. Appointment and duties of municipal clerk or secretary.
10 3010. Executive power vested in executive.
11 3011. Powers and duties of executive.
12 3012. Approval or veto of ordinances.
13 3013. Mayor, departments and department heads.
14 3014. Department of administration.
15 3015. Budget.
16 3016. Form and adoption of budget.
17 3017. Amended budget.
18 3018. Council amendments to budget.
19 § 3001. Designation and applicability of plan.
20 The form of government provided in this subchapter shall be
21 known as the "Executive (Mayor) - Council Plan A" and shall,
22 together with the laws applicable to that class of municipality
23 and Subchapter F of Chapter 29 (relating to general provisions
24 and limitations for optional plan municipalities) and Chapter 31
25 (relating to general provisions common to optional plans),
26 govern any municipality the electors of which have adopted it
27 under this subpart.
28 § 3002. Officers and employees.
29 Each municipality under this subchapter shall be governed by
30 an elected council, an elected executive who may be called
19930S0838B0911 - 100 -
1 mayor, as determined by the government study commission, an
2 elected district attorney in the case of counties and, when
3 recommended by the commission and adopted by the voters, an
4 elected treasurer, an elected controller and by such other
5 officers and employees as may be duly appointed pursuant to this
6 subchapter or other applicable law.
7 § 3003. Election and term of office of officials.
8 The executive (mayor), the treasurer, if elected, the
9 district attorney in the case of counties and the controller, if
10 elected, shall be elected by the electors at a regular municipal
11 election and shall serve for a term of four years beginning on
12 the first Monday of January next following his election.
13 § 3004. Election and term of office of council members.
14 The council shall consist of five members unless, under the
15 authority granted under section 2924 (relating to specificity of
16 recommendations), the municipality shall be governed by a
17 council of three, seven or nine members. Members of the council
18 shall be elected at large by the electors unless, under the
19 authority granted pursuant to section 2924, members shall be
20 elected on a district basis in which each district is as equal
21 in population as is feasible, or on a combination at-large and
22 district basis as determined by the government study commission,
23 or as specified in an initiative petition or ordinance of the
24 governing body under the provisions of sections 2942 (relating
25 to initiation of amendment by electors or council), 2943
26 (relating to petition for referendum or ordinance proposing
27 amendment) and 2944 (relating to time and manner of submission
28 of question) at a regular municipal election and shall serve for
29 a term of four years, except as otherwise provided in this
30 subchapter, beginning on the first Monday of January next
19930S0838B0911 - 101 -
1 following their elections.
2 § 3005. First election of council members.
3 At the first municipal election following the adoption of
4 this plan, council members shall be elected and shall serve for
5 the terms as provided in section 3162 (relating to status and
6 term of office of officials).
7 § 3006. Legislative power vested in council.
8 The legislative power of the municipality as provided by laws
9 applicable to that class of municipality shall be exercised by
10 the municipal council, except as may otherwise be provided for
11 under this subpart.
12 § 3007. Organization of council.
13 On the first Monday of January following the regular
14 municipal election, the members of council shall assemble at the
15 usual place of meeting, organize and elect a president from
16 among its members, who shall preside at its meetings and perform
17 such other duties as council may prescribe, and a vice
18 president, who shall preside in the absence of the president. If
19 the first Monday is a legal holiday, the meeting shall be held
20 on the next day.
21 § 3008. Powers of council concerning officers and agencies.
22 The council, in addition to other powers and duties as may be
23 conferred upon it by general law, may require any municipal
24 officer to prepare and submit sworn statements regarding the
25 performance of the officer's official duties and may otherwise
26 investigate the conduct of any department, office or agency of
27 the municipal government.
28 § 3009. Appointment and duties of municipal clerk or secretary.
29 A municipal clerk or secretary shall be appointed in the
30 manner set forth in the administrative ordinance as provided
19930S0838B0911 - 102 -
1 pursuant to section 3146 (relating to passage of administrative
2 ordinance). The municipal clerk or secretary shall serve as
3 clerk of the council, keep its minutes and records of its
4 proceedings, maintain and compile its ordinances and resolutions
5 as this subpart requires and perform such functions as may be
6 required by law or by local ordinance. The municipal clerk
7 shall, prior to the appointment, have been qualified by training
8 or experience to perform the duties of the office.
9 § 3010. Executive power vested in executive.
10 The executive power of the municipality shall be exercised by
11 the executive (mayor).
12 § 3011. Powers and duties of executive.
13 The executive (mayor) shall enforce the plan and ordinances
14 of the municipality and all general laws applicable to them. The
15 executive shall, annually, report to the council and the public
16 on the work of the previous year and on the condition and
17 requirements of the municipal government and shall, from time to
18 time, make these recommendations for action by the council as he
19 deems in the public interest. He shall supervise the departments
20 of the municipal government and shall require each department to
21 make annual and other reports of its work as he deems desirable.
22 § 3012. Approval or veto of ordinances.
23 (a) General rule.--Ordinances adopted by the council shall
24 be submitted to the executive (mayor) who shall, within ten days
25 after receiving any ordinance, either approve the ordinance by
26 affixing his signature thereto, or veto the ordinance by
27 delivering it to the municipal clerk together with a statement
28 setting forth his objections. The clerk shall immediately notify
29 the council of the veto. No ordinance or any item or part
30 thereof shall take effect without the executive's (mayor's)
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1 approval, unless the executive (mayor) fails to return an
2 ordinance to the clerk within ten days after it has been
3 presented to him, or unless council upon reconsideration of the
4 veto on or after the third day following its return by the
5 executive (mayor) shall override the executive's (mayor's) veto
6 by a vote of a majority plus one of the members.
7 (b) Attendance at meetings of council.--The executive
8 (mayor) may attend meetings of council and may take part in
9 discussions of council but shall have no vote except in the case
10 of a tie on the question of filling a vacancy in the council, in
11 which case he may cast the deciding vote.
12 § 3013. Mayor, departments and department heads.
13 (a) Inability of executive to perform duties.--The executive
14 (mayor) shall designate any department head to act as executive
15 (mayor) whenever the executive (mayor) shall be prevented, by
16 absence from the municipality, disability or other cause, from
17 attending to the duties of his office. During such time the
18 person so designated by the executive (mayor) shall possess all
19 the rights, powers and duties of the executive (mayor). Whenever
20 the executive (mayor) has been unable to attend to the duties of
21 his office for a period of 60 consecutive days for any of the
22 reasons stated in this subsection, a member of council shall be
23 appointed by the council as acting executive (mayor), who shall
24 succeed to all the rights, powers and duties of the executive
25 (mayor) or the then acting executive (mayor), until he shall
26 return or his disability ceases.
27 (b) Establishment and exercise of functions of department.--
28 The municipality may have a department of administration and
29 shall have such other departments as council may establish by
30 ordinance. All of the administrative functions, powers and
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1 duties of the municipality, other than those vested in the
2 office of the clerk, treasurer, if elected, and controller,
3 shall be assigned among and within the departments.
4 (c) Appointment and term of department heads and
5 solicitor.--Each department shall be headed by a director who
6 shall be appointed by the executive (mayor) with the advice and
7 consent of the council. Each municipality shall also have a
8 solicitor who shall be appointed by the executive (mayor) with
9 the advice and consent of the council. Each department head and
10 the solicitor shall serve during the term of office of the
11 executive (mayor) appointing him, and until the appointment and
12 qualification of his successor. No member of municipal council
13 shall head a department.
14 (d) Removal of department head.--The executive (mayor) may
15 remove any department head after notice and an opportunity to be
16 heard. Prior to removing a department head, the executive
17 (mayor) shall first file written notice of his intention with
18 the council. The removal shall become effective 20 days after
19 the filing of the notice.
20 (e) Department officers and employees.--Department heads
21 shall appoint subordinate officers and employees within their
22 departments under procedures established in section 3122
23 (relating to appointment of subordinate officers and employees).
24 § 3014. Department of administration.
25 (a) Department heads.--Where a department of administration
26 is established, it shall be headed by a director. The director
27 shall be chosen solely on the basis of his executive and
28 administrative qualifications with special reference to his
29 actual experience in, or his knowledge of, accepted practice in
30 respect to the duties of his office. At the time of appointment,
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1 the director need not be a resident of the municipality or this
2 Commonwealth. He shall have, exercise and discharge the
3 functions, powers and duties of the department.
4 (b) Department functions.--The department, under the
5 direction and supervision of the executive (mayor), shall have
6 the following powers and duties:
7 (1) To assist in the preparation of the budget.
8 (2) To administer a centralized purchasing system.
9 (3) To establish and administer a centralized personnel
10 system.
11 (4) To establish and maintain a centralized accounting
12 system which shall be so designed as to accurately reflect
13 the assets, liabilities, receipts and expenditures of the
14 municipality.
15 (5) To perform any other duties as council may prescribe
16 through the administrative ordinance or as the executive
17 (mayor) may direct.
18 § 3015. Budget.
19 The municipal budget shall be prepared by the executive
20 (mayor) with the assistance of the director of the department of
21 administration or other officer designated by the executive
22 (mayor).
23 § 3016. Form and adoption of budget.
24 The budget shall be in the form required by council and shall
25 have appended to it a detailed analysis of the various items of
26 expenditure and revenue. The budget as submitted and adopted
27 shall be balanced. Council may reduce any item or items in the
28 executive's (mayor's) budget by a vote of a majority of the
29 council, but an increase in any item or items therein shall
30 become effective only upon an affirmative vote of a majority
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1 plus one of the members of council. Council shall, upon the
2 introduction of the proposed budget, fix a date for adoption,
3 which shall except as otherwise provided be not later than
4 December 31 immediately following.
5 § 3017. Amended budget.
6 During January next following any municipal election, the
7 executive (mayor) may submit an amended budget to council.
8 Council shall consider it in the same manner as provided in
9 section 3016 (relating to form and adoption of budget), but
10 final consideration of the amended budget shall be completed by
11 February 15 of the same year.
12 § 3018. Council amendments to budget.
13 Council may amend the budget during January next following
14 any municipal election. Final adoption of the amended budget
15 shall be completed by February 15 of the same year.
16 SUBCHAPTER B
17 EXECUTIVE (MAYOR) - COUNCIL PLAN B
18 Sec.
19 3031. Designation and applicability of plan.
20 3032. Departments.
21 3033. Mandatory department of administration.
22 § 3031. Designation and applicability of plan.
23 The form of government provided in this subchapter shall be
24 known as the "Executive (Mayor) - Council Plan B" and shall,
25 together with Subchapter F of Chapter 29 (relating to general
26 provisions and limitations for optional plan municipalities),
27 Subchapter A of Chapter 30 (relating to executive (mayor)
28 council plan A) and Subchapter A of Chapter 31 (relating to
29 general provisions common to optional plans), with the exception
30 of section 3013(b) (relating to establishment and exercise of
19930S0838B0911 - 107 -
1 functions of department), govern any municipality the voters of
2 which have adopted it pursuant to this subpart.
3 § 3032. Departments.
4 The municipality shall have a department of administration
5 and shall have such other departments as council may establish
6 by ordinance. The administrative functions, powers and duties of
7 the municipality, other than those vested in the office of the
8 clerk, treasurer and controller, if provided for, shall be
9 allocated and assigned among and within the departments except
10 that the functions specified in section 3014 (relating to
11 department of administration) shall be assigned to the
12 department of administration.
13 § 3033. Mandatory department of administration.
14 Under Executive (Mayor) - Council Plan B a department of
15 administration shall be established.
16 SUBCHAPTER C
17 EXECUTIVE (MAYOR) - COUNCIL PLAN C
18 Sec.
19 3041. Designation and applicability of plan.
20 3042. Powers and duties of executive.
21 3043. Appointment and duties of managing director.
22 § 3041. Designation and applicability of plan.
23 The form of government provided in this subpart shall be
24 known as the "Executive (Mayor) - Council Plan C" and shall,
25 together with Subchapter F of Chapter 29 (relating to general
26 provisions and limitations for optional plan municipalities),
27 Subchapter A of Chapter 30 (relating to executive (mayor) -
28 council plan A) and Subchapter A of Chapter 31 (relating to
29 general provisions common to optional plans), with the exception
30 of section 3011 (relating to powers and duties of executive),
19930S0838B0911 - 108 -
1 govern any municipality the voters of which have adopted it
2 pursuant to this subpart.
3 § 3042. Powers and duties of executive.
4 The executive (mayor) shall enforce the plan and ordinances
5 of the municipality and all general laws applicable thereto. The
6 executive shall, annually, report to the council and the public
7 on the work of the previous year and on the condition and
8 requirements of the municipal government and shall, from time to
9 time, make those recommendations for action by the council he
10 deems in the public interest.
11 § 3043. Appointment and duties of managing director.
12 (a) General rule.--The executive (mayor) shall appoint, with
13 the advice and consent of the council, a managing director who
14 shall supervise the departments of government and who shall be
15 the contact officer between the mayor and the departments. The
16 managing director shall make periodic reports with those
17 recommendations as he deems appropriate to the executive (mayor)
18 concerning the affairs of municipal government and particularly
19 of the departments.
20 (b) Removal.--The executive (mayor) may remove a managing
21 director after notice and an opportunity to be heard. Prior to
22 removing a managing director, the executive (mayor) shall first
23 file written notice of his intention with the council. The
24 removal shall become effective 20 days after the filing of the
25 notice.
26 SUBCHAPTER D
27 COUNCIL-MANAGER PLAN
28 Sec.
29 3051. Designation and applicability of plan.
30 3052. Officers and employees.
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1 3053. Election and term of office of elected officials.
2 3054. Election and term of office of council members.
3 3055. First election of council members.
4 3056. Selection of mayor, council president or chairman.
5 3057. Appointment and duties of municipal clerk or secretary.
6 3058. Powers and duties of council.
7 3059. Qualifications of municipal manager.
8 3060. Removal of municipal manager from office.
9 3061. Inability of municipal manager to perform duties.
10 3062. Powers and duties of municipal manager.
11 3063. Preparation and adoption of budget.
12 3064. Amended budget.
13 § 3051. Designation and applicability of plan.
14 The form of government provided in this subchapter shall be
15 known as the "Council-Manager Plan" and shall, together with
16 Subchapter F of Chapter 29 (relating to general provisions and
17 limitations for optional plan municipalities) and Subchapter A
18 of Chapter 31 (relating to general provisions common to optional
19 plans), govern any municipality the voters of which have adopted
20 this plan pursuant to this subpart.
21 § 3052. Officers and employees.
22 Each municipality under this subchapter shall be governed by
23 an elected council one member of which shall be the mayor, or
24 president of council, or chairman chosen under sections 2924
25 (relating to specificity of recommendations) and 3056 (relating
26 to selection of mayor, council president or chairman), an
27 elected district attorney in the case of counties, and an
28 appointed municipal manager, and, if so provided under the plan,
29 an elected treasurer, an elected controller and by those other
30 officers and employees as may be duly appointed pursuant to this
19930S0838B0911 - 110 -
1 subchapter, general law or ordinance.
2 § 3053. Election and term of office of elected officials.
3 The district attorney in the case of counties and the
4 treasurer and controller, if provided for and if elected, shall
5 be elected by the electors at a regular municipal election and
6 shall serve for a term of four years beginning the first Monday
7 of January next following the election.
8 § 3054. Election and term of office of council members.
9 The municipal council shall consist of five members unless,
10 under the authority granted pursuant to section 2924 (relating
11 to specificity of recommendations), the municipality shall be
12 governed by a council of three, seven or nine members. Members
13 of the municipal council shall be elected at large by the
14 electors unless, pursuant to the authority granted under section
15 2924, members shall be elected on a district basis in which each
16 district is as equal in population as is feasible, or on a
17 combination at large and district basis as determined by the
18 charter study commission or as specified in an initiative
19 petition or ordinance of the governing body under the provisions
20 of sections 2942 (relating to initiation of amendment by
21 electors or council), 2943 (relating to petition for referendum
22 or ordinance proposing amendment) and 2944 (relating to time and
23 manner of submission of question), at a regular municipal
24 election. The members shall serve for a term of four years,
25 except as provided in this subchapter beginning on the first
26 Monday of January next following their election.
27 § 3055. First election of council members.
28 At the first municipal election following the adoption by a
29 municipality of this charter plan, council members shall be
30 elected and shall serve for the terms as provided in section
19930S0838B0911 - 111 -
1 3162 (relating to status and term of office of officials).
2 § 3056. Selection of mayor, council president or chairman.
3 (a) General rule.--On the first Monday of January following
4 the municipal election, the members of the municipal council
5 shall assemble at the usual place of meeting, organize and elect
6 one of their number as mayor or president of council or chairman
7 unless otherwise provided. The mayor or president of council or
8 chairman shall be chosen by ballot by majority vote of all
9 members of the municipal council. If the members shall be
10 unable, within five ballots to be taken within two days of the
11 organization meeting, to elect a mayor or president of council
12 or chairman, then the member who in the election for members of
13 the municipal council received the greatest number of votes
14 shall be the mayor, president of council or chairman. If that
15 person declines to accept the office, then the person receiving
16 the next highest vote shall be the mayor, president of council
17 or chairman, and so on, until the office is filled. The mayor,
18 or president of council, or chairman shall preside at all
19 meetings of the municipal council and shall have a voice and
20 vote in its proceedings.
21 (b) Election of mayor.--On the recommendation of the
22 government study commission as provided under section 2924
23 (relating to specificity of recommendations), or as specified in
24 an initiative petition or ordinance of the governing body as
25 authorized by sections 2942 (relating to initiation of amendment
26 by electors or council), 2943 (relating to petition for
27 referendum or ordinance proposing amendment) and 2944 (relating
28 to time and manner of submission of question), the mayor shall
29 be elected directly by the electors at the regular municipal
30 election in lieu of being chosen as provided in subsection (a).
19930S0838B0911 - 112 -
1 § 3057. Appointment and duties of municipal clerk or secretary.
2 A municipal clerk or secretary shall be appointed in the
3 manner set forth in the administrative ordinance as provided in
4 section 3146 (relating to passage of administrative ordinance).
5 The municipal clerk or secretary shall serve as clerk of the
6 council, keep its minutes and records of its proceedings,
7 maintain and compile its ordinances and resolutions as this
8 subpart requires and perform any functions as may be required by
9 law or ordinance. The municipal clerk shall, prior to his
10 appointment, have been qualified by training or experience to
11 perform the duties of the office.
12 § 3058. Powers and duties of council.
13 (a) General rule.--All powers as provided by laws applicable
14 to that class of municipality shall be vested in the municipal
15 council, except as otherwise provided by this subchapter, and
16 the council shall provide for the exercise thereof and for the
17 performance of all duties imposed on the municipality by law.
18 (b) Adoption of administrative ordinance.--The council shall
19 by ordinance adopt an administrative ordinance defining the
20 responsibilities of the municipal departments and agencies as it
21 deems necessary and proper for the efficient conduct of
22 municipal affairs.
23 (c) Appointment of municipal manager.--The municipal council
24 shall appoint a municipal manager. The office of municipal
25 manager and municipal clerk or secretary may be held by the same
26 person.
27 (d) Investigations.--The council may make investigations
28 into the affairs of the municipality and the conduct of any
29 municipal department, office or agency.
30 (e) Administrative departments, boards and offices.--The
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1 municipal council shall continue or create, and determine and
2 define, the powers and duties of any executive and
3 administrative departments, boards and offices, in addition to
4 those provided for in this subpart, as it deems necessary for
5 the proper and efficient conduct of the affairs of the
6 municipality, including the office of deputy manager. Any
7 department, board or office so continued or created may be
8 abolished by the municipal council. No member of municipal
9 council shall head an administrative department.
10 (f) Additional powers and limitations.--It is the intention
11 of this subchapter that the municipal council shall act in all
12 matters as a body, and it is contrary to the spirit of this
13 subchapter for any of its members to seek individually to
14 influence the official acts of the municipal manager or any
15 other officer, or for the council or any of its members to
16 direct or request the appointment of any person to or his
17 removal from office, or to interfere in any way with the
18 performance by the officers of their duties. The council and its
19 members shall deal with the administrative service solely
20 through the municipal manager and shall not give orders to any
21 subordinates of the municipal manager, either publicly or
22 privately. This subchapter does not prevent the municipal
23 council from appointing committees of its own members or of
24 citizens to conduct investigations into the conduct of any
25 officer or department, or any matter relating to the welfare of
26 the municipality, and delegating to those committees such powers
27 of inquiry as the municipal council deems necessary.
28 § 3059. Qualifications of municipal manager.
29 The municipal manager shall be chosen by the council on the
30 basis of his executive and administrative qualifications. At the
19930S0838B0911 - 114 -
1 time of his appointment, he need not be a resident of the
2 municipality or this Commonwealth. The municipal manager shall
3 not hold any elective governmental office.
4 § 3060. Removal of municipal manager from office.
5 The municipal manager shall be appointed for an indefinite
6 term and may be removed by a majority vote of the council. At
7 least 30 days before the removal becomes effective, the council
8 shall notify the municipal manager of its decision to remove him
9 from office, by a majority vote of its members, stating the
10 reasons for his removal. The municipal manager may reply in
11 writing and may request a public hearing, which shall be held
12 not earlier than 20 days nor later than 30 days after the filing
13 of the request. After the public hearing, if one is requested,
14 and after full consideration, the council by majority vote of
15 its members may adopt a final resolution of removal. By the
16 preliminary resolution, the council may suspend the municipal
17 manager from duty, but may, in any case, cause to be paid
18 immediately any unpaid balance of his salary and his salary for
19 the next three calendar months.
20 § 3061. Inability of municipal manager to perform duties.
21 The municipal manager may designate a qualified
22 administrative officer of the municipality to perform his duties
23 during his temporary absence or disability. In the event of his
24 failure to make a designation, or if the absence or disability
25 continues more than 30 days, the council may appoint an officer
26 of the municipality to perform the duties of the manager during
27 the absence or disability until the manager returns or his
28 disability ceases.
29 § 3062. Powers and duties of municipal manager.
30 The municipal manager shall have the following powers and
19930S0838B0911 - 115 -
1 duties:
2 (1) To be the chief executive and administrative
3 official of the municipality.
4 (2) To execute all laws and ordinances.
5 (3) To appoint and remove department heads and the
6 deputy manager, if one is authorized by council, and appoint
7 subordinate officers and employees under procedures
8 established in section 3122 (relating to appointment of
9 subordinate officers and employees).
10 (4) To negotiate contracts for the municipality, subject
11 to the approval of the municipal council, make
12 recommendations concerning the nature and location of
13 municipal improvements and execute municipal improvements as
14 determined by the municipal council.
15 (5) To assure that all terms and conditions imposed in
16 favor of the municipality or its inhabitants in any statute,
17 public utility franchise or other contract are faithfully
18 kept and performed and, upon knowledge of any violation, to
19 call the same to the attention of the municipal council.
20 (6) To prepare the agenda for and attend all meetings of
21 the municipal council with the right to take part in the
22 discussions, but without the right to vote.
23 (7) To make such recommendations to the council
24 concerning policy formulation as he deems desirable and keep
25 the council and the public informed as to the conduct of
26 municipal affairs.
27 (8) To prepare and submit the annual budget to the
28 council together with such explanatory comment as he deems
29 desirable and to administer the municipal budget.
30 (9) To perform such other duties as may be required of
19930S0838B0911 - 116 -
1 the municipal manager by ordinance or resolution of the
2 municipal council.
3 (10) To be responsible to the council for carrying out
4 all policies established by it and for the proper
5 administration of all affairs of the municipality within the
6 jurisdiction of the council.
7 § 3063. Preparation and adoption of budget.
8 The municipal manager shall submit to council his recommended
9 budget, together with any explanatory comment or statement he
10 deems desirable. The budget shall be in such form as is required
11 by council for municipal budgets and shall in addition have
12 appended thereto a detailed analysis of the various items of
13 expenditure and revenue. The budget as submitted and adopted
14 shall be balanced. Council shall upon introduction of the
15 proposed budget fix a date for adoption thereof which shall be
16 not later than December 31 immediately following submission.
17 § 3064. Amended budget.
18 During January next following any municipal election, council
19 may request the manager to submit an amended budget to council
20 which shall consider it in the same manner as provided in
21 section 3063 (relating to preparation and adoption of budget),
22 except that final adoption of the amended budget shall not be
23 later than February 15 of the same year.
24 SUBCHAPTER E
25 SMALL MUNICIPALITY PLAN
26 Sec.
27 3071. Designation and applicability of plan.
28 3072. Officers.
29 3073. Election of council members.
30 3074. Organization of council.
19930S0838B0911 - 117 -
1 3075. Powers and duties of council.
2 3076. Municipal clerk or secretary, solicitor and agencies.
3 3077. Powers and duties of executive.
4 3078. Appointment of officers and employees by executive.
5 3079. Preparation and adoption of budget.
6 3080. Amended budget.
7 § 3071. Designation and applicability of plan.
8 The form of government provided in this subchapter shall be
9 known as the "Small Municipality Plan." It may be adopted by any
10 municipality having a population of less than 7,500 inhabitants
11 by the last Federal census. The plan, together with Subchapter F
12 of Chapter 29 (relating to general provisions and limitations
13 for optional plan municipalities) and Subchapter A of Chapter 31
14 (relating to general provisions common to optional plans), shall
15 govern any municipality the voters of which have adopted it
16 pursuant to this subpart.
17 § 3072. Officers.
18 Each municipality shall be governed by an elected executive
19 (mayor) and council members, an elected district attorney in the
20 case of counties and, if so provided under the plan, an elected
21 treasurer or elected controller and any other officers as shall
22 be appointed pursuant to this subchapter, general law or
23 ordinance.
24 § 3073. Election of council members.
25 The council shall consist of the executive (mayor), who shall
26 be elected at large, and two council members unless pursuant to
27 the authority granted under section 2924 (relating to
28 specificity of recommendations) the municipality is governed by
29 an executive (mayor) and four council members, an executive
30 (mayor) and six council members, or an executive (mayor) and
19930S0838B0911 - 118 -
1 eight council members. Members of the council shall be elected
2 at large unless the plan provides that members shall be elected
3 on a district basis in which each district is as equal in
4 population as is feasible, or on a combination at large and
5 district basis as determined by the government study commission
6 or as specified in an initiative petition or ordinance of the
7 governing body under the provisions of sections 2942 (relating
8 to initiation of amendment by electors or council), 2943
9 (relating to petition for referendum or ordinance proposing
10 amendment) and 2944 (relating to time and manner of submission
11 of question), at a regular municipal election by the voters of
12 the municipality. The members of the council shall serve a term
13 of four years beginning on the first Monday in January next
14 following their election, except as provided in this subpart.
15 § 3074. Organization of council.
16 On the first Monday of January following the regular
17 municipal election, the members of the council shall assemble at
18 the usual place of meeting and organize. The executive (mayor)
19 shall preside at all meetings of the council and shall have a
20 voice and vote on its proceedings. The council shall select from
21 among its members a president of the council who shall serve in
22 place of the executive (mayor) in the event of his absence or
23 disability.
24 § 3075. Powers and duties of council.
25 The legislative power of the municipality shall be exercised
26 by the council, except as may be otherwise provided by general
27 law. A majority of the whole number of the council shall
28 constitute a quorum for the transaction of business, but a
29 smaller number may meet and adjourn from time to time.
30 § 3076. Municipal clerk or secretary, solicitor and agencies.
19930S0838B0911 - 119 -
1 (a) Municipal clerk or secretary.--A municipal clerk or
2 secretary shall be appointed in the manner set forth in the
3 administrative ordinance, as provided pursuant to section 3146
4 (relating to passage of administrative ordinance). The municipal
5 clerk or secretary shall serve as clerk of the council, keep its
6 minutes and records of its proceedings, maintain and compile its
7 ordinances and resolutions as this subpart requires and perform
8 any functions as may be required by law. The clerk shall, prior
9 to his appointment, have been qualified by training or
10 experience to perform the duties of the office.
11 (b) Solicitor and agencies.--The council may, consistent
12 with statutes applicable to that class of municipality, provide
13 for the manner of appointment of a solicitor, any planning
14 board, zoning board of adjustment, zoning hearing board or
15 personnel board in the municipality and may create commissions
16 and other bodies with advisory powers.
17 § 3077. Powers and duties of executive.
18 The executive power of the municipality shall be exercised by
19 the executive (mayor). The executive shall see that all laws and
20 ordinances in force and effect within the municipality are
21 observed. He shall address the council and report to the
22 residents, annually and at any other times as he deems
23 desirable, on the condition of the municipality and upon its
24 problems of government. The executive (mayor) shall also appoint
25 a finance committee of the council, which shall consist of one
26 or more council members, and may appoint and designate other
27 committees of council of similar composition.
28 § 3078. Appointment of officers and employees by executive.
29 The executive (mayor) shall appoint subordinate officers and
30 employees with the advice and consent of council under
19930S0838B0911 - 120 -
1 procedures established in section 3122 (relating to appointment
2 of subordinate officers and employees), except that, in
3 counties, the office of prothonotary and clerk of courts,
4 register of wills and clerk of orphans court shall be filled by
5 appointment by the president judge of the appropriate court with
6 advice and consent of a majority of the council.
7 § 3079. Preparation and adoption of budget.
8 The municipal budget shall be prepared by the executive
9 (mayor) and shall be submitted to council in the form required
10 by council. The budget as submitted and adopted shall be
11 balanced. Council shall, upon introduction of the proposed
12 budget, fix a date for adoption thereof which shall be not later
13 than December 31 immediately following.
14 § 3080. Amended budget.
15 During the month of January next following any municipal
16 elections, the executive (mayor), upon his own initiative or at
17 the request of council, may submit an amended budget to council,
18 which shall consider it in the same manner as provided in
19 section 3079 (relating to preparation and adoption of budget),
20 except that final adoption of the amended budget shall not be
21 later than February 15 of the same year.
22 SUBCHAPTER F
23 OPTIONAL COUNTY PLAN
24 Sec.
25 3091. Designation and applicability of plan.
26 3092. County officers.
27 3093. Powers.
28 3094. Additional options for election of county sheriff.
29 3095. Approval of plan.
30 § 3091. Designation and applicability of plan.
19930S0838B0911 - 121 -
1 The form of government provided in this subpart shall be
2 known as the "Optional County Plan" and shall, together with
3 Subchapter F of Chapter 29 (relating to general provisions and
4 limitations for optional plan municipalities) and Subchapter A
5 of Chapter 31 (relating to general provisions common to optional
6 plans), govern any county the voters of which have adopted this
7 plan pursuant to this subpart. This option shall be available
8 only to counties.
9 § 3092. County officers.
10 (a) Enumeration.--The county officers shall be as follows:
11 (1) County commissioner.
12 (2) Controller or auditor.
13 (3) District attorney.
14 (4) Public defender.
15 (5) Treasurer.
16 (6) Sheriff.
17 (7) Register of wills.
18 (8) Recorder of deeds.
19 (9) Prothonotary.
20 (10) Clerk of the courts.
21 (b) Election and term of office.--County officers, except
22 for public defenders, who shall be appointed as provided by law,
23 shall be elected at the municipal election and shall hold their
24 offices for the term of four years, beginning on the first
25 Monday of January next after their election, and until their
26 successors are duly qualified. Vacancies shall be filled in the
27 manner provided by law.
28 (c) Salaries and fees.--County officers shall be paid only
29 by salary as provided by law for services performed for the
30 county or any other governmental unit. Fees incidental to the
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1 conduct of any county office shall be payable directly to the
2 county or the Commonwealth or as otherwise provided by law.
3 (d) County commissioners.--Three county commissioners shall
4 be elected in each county. In the election of these officers,
5 each qualified elector shall vote for not more than two persons,
6 and the three persons receiving the highest number of votes
7 shall be elected.
8 (e) Coroner or medical examiner.--The coroner or medical
9 examiner shall be a statutory office elected at the municipal
10 election and shall hold the office for the term of four years,
11 beginning on the first Monday of January next after election,
12 and until his successor is duly qualified. He shall be paid only
13 be salary as provided by law. Vacancies shall be filled in the
14 manner provided by law.
15 (f) Jury commissioners.--Jury commissioners shall be
16 statutory officers and shall be elected at the municipal
17 election and shall hold their office for the term of four years,
18 beginning on the first Monday of January next after election,
19 and until their successors are duly qualified. The salary board
20 shall fix the salary of the jury commissioners. Vacancies in the
21 office of jury commissioner shall be filled by the president
22 judge of the court of common pleas.
23 § 3093. Powers.
24 All county officers may exercise those powers granted by
25 general law to county offices of the class of county to which it
26 belongs.
27 § 3094. Additional options for election of county sheriff.
28 A government study commission created and constituted as
29 provided in Subchapter B of Chapter 29 (relating to procedure
30 for adoption of a home rule charter or optional plan of
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1 government) for counties, or an initiative petition or ordinance
2 of the governing body as authorized by sections 2942 (relating
3 to initiation of amendment by electors or council), 2943
4 (relating to petition for referendum or ordinance proposing
5 amendment) and 2944 (relating to time and manner of submission
6 of question), may recommend and cause to be placed on the
7 ballot, as a part of the question submitted to the voters for
8 approval, additional options as part of the optional plans as
9 set forth in this chapter providing for the election of the
10 county sheriff.
11 § 3095. Approval of plan.
12 If the optional plan, including an additional option or
13 options as provided in section 3091 (relating to designation and
14 applicability of plan), is approved by the voters, the county
15 shall be governed by the provisions of the subchapter providing
16 the basic optional plan and by the provisions of Subchapter F of
17 Chapter 29 (relating to general provisions and limitations for
18 optional plan municipalities) and Subchapter A of Chapter 31
19 (relating to general provisions common to optional plans),
20 except that the elected sheriff shall be subject to the
21 provisions pertaining to that office as provided in this
22 subchapter.
23 CHAPTER 31
24 GENERAL PROVISIONS COMMON TO OPTIONAL PLANS
25 Subchapter
26 A. Officers and Employees
27 B. Treasurer
28 C. Appointment Power and Personnel
29 D. Filling Vacancies in Elected Office
30 E. Legislation by Council
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1 F. Audit and Control
2 G. Transition to Optional Plan Government
3 H. Repeal of Optional Plan
4 SUBCHAPTER A
5 OFFICERS AND EMPLOYEES
6 Sec.
7 3101. Adverse interest in contracts for purchase or services.
8 3102. Acceptance of services at more favorable terms.
9 3103. Gift or promise of thing of value to influence
10 political support.
11 3104. Refusal or failure to appear or testify before court.
12 § 3101. Adverse interest in contracts for purchase or services.
13 (a) General rule.--If a municipal officer or official
14 elected or appointed knows or by the exercise of reasonable
15 diligence should know that he is interested to any appreciable
16 degree, either directly or indirectly, in any contract for the
17 sale or furnishing of any personal property for the use of the
18 municipality, or for any services to be rendered for the
19 municipality involving the expenditure of more than $300 in any
20 year, he shall notify council. Any such contract shall not be
21 passed and approved by council except by an affirmative vote of
22 at least three-fourths of the members. If the interested officer
23 is a member of council, he shall refrain from voting upon the
24 contract.
25 (b) Exception.--This section does not apply to cases where
26 the officer or official is an employee of the person, firm or
27 corporation to which money is to be paid in a capacity with no
28 possible influence on the transaction and in which he cannot
29 possibly be benefited either financially or in any other
30 material manner.
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1 (c) Penalties.--Any officer or official who knowingly
2 violates this section shall be liable to the municipality upon
3 his bond, if any, or personally, to the extent of the damage
4 shown to be sustained by the municipality and to ouster from
5 office, and commits a misdemeanor of the third degree and shall,
6 upon conviction, be sentenced to pay a fine not exceeding $500,
7 or imprisonment not exceeding one year, or both.
8 § 3102. Acceptance of services at more favorable terms.
9 An officer or employee shall not accept or receive, directly
10 or indirectly, from any person operating within the territorial
11 limits of a municipality any interurban railway, bus line,
12 street railway, gas works, waterworks, electric light or power
13 plant, heating plant, telegraph line, telephone exchange or
14 other business using or operating under a public franchise, any
15 frank, free pass, free ticket or free service, or accept or
16 receive, directly or indirectly, from any person, any other
17 service upon terms more favorable than is granted to the public
18 generally, except that the prohibition of free transportation
19 shall not apply to police officers or firefighters in uniform.
20 Free service to the municipal officials provided by any
21 franchise or ordinance shall not be affected by this section.
22 § 3103. Gift or promise of thing of value to influence
23 political support.
24 (a) General rule.--A candidate for office, appointment or
25 employment, or an officer, appointee or employee in any
26 municipality shall not, directly or indirectly, give or promise
27 to any person any office, position, employment, benefit or
28 anything of value for the purpose of influencing or obtaining
29 the political support, aid or vote of any person.
30 (b) Penalty.--Any person who violates subsection (a) shall
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1 be disqualified to hold the office or employment to which he may
2 be or may have been elected or appointed.
3 § 3104. Refusal or failure to appear or testify before court.
4 Any person elected or appointed to any office or position in
5 a municipality governed under this subpart who, after lawful
6 notice or process, willfully refuses or fails to appear before
7 any court, any legislative committee or the Governor, or having
8 appeared refuses to testify or to answer any question regarding
9 the property, government or affairs of the municipality, or
10 regarding his nomination, election, appointment or official
11 conduct on the ground that his answer would tend to incriminate
12 him, or refuses to waive immunity from prosecution on account of
13 any matter in relation to which he may be asked to testify, may
14 be removed from office by the council of the municipality.
15 SUBCHAPTER B
16 TREASURER
17 Sec.
18 3111. Selection and duties of municipal treasurer.
19 § 3111. Selection and duties of municipal treasurer.
20 (a) General rule.--Under any of the optional plans as set
21 forth in this subpart, except for the plan set forth in
22 Subchapter F of Chapter 30 (relating to optional county plan),
23 the office of municipal treasurer may be omitted, or may be
24 filled by appointment or by election, as provided in the plan.
25 If the office of municipal treasurer is to be filled by
26 appointment, the appointment shall be made in accordance with
27 the appointment procedures for other department heads.
28 (b) Powers and duties of elected treasurer.--The municipal
29 treasurer, if elected, shall perform the functions and duties
30 and have the powers relating to the collection, receiving,
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1 safekeeping and payment over of public moneys, including
2 municipal, county, institution district and school district
3 taxes, as provided by law and shall have any other functions,
4 powers and duties assigned to him by the executive of the
5 municipality.
6 SUBCHAPTER C
7 APPOINTMENT POWER AND PERSONNEL
8 Sec.
9 3121. Appointment of members of boards and commissions.
10 3122. Appointment of subordinate officers and employees.
11 § 3121. Appointment of members of boards and commissions.
12 The appointment power of the chief executive of the
13 municipality under any of the plans authorized by this subpart
14 shall include the appointment of members of boards and
15 commissions authorized by this subpart, by law, or by action of
16 municipal council. All such appointments shall be with the
17 advice and consent of a majority of municipal council.
18 § 3122. Appointment of subordinate officers and employees.
19 (a) General rule.--Appointments and promotions of
20 subordinate officers and employees within departments shall be
21 made by the department head on the basis of a personnel system
22 which shall include written procedures for appointment and
23 promotion based on merit and fitness as demonstrated by
24 examination or other evidence of competence for the position.
25 (b) Personnel rules.--The personnel system shall be governed
26 by personnel rules which shall be prepared by the executive
27 (mayor) or manager and submitted to the municipal council which
28 shall adopt them with or without amendments unless otherwise
29 provided for or arrived at by collective bargaining. The
30 personnel rules may provide for:
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1 (1) The classification of all municipal positions, based
2 on the duties, authority and responsibility of each position,
3 with adequate provision for reclassification of any position
4 whenever warranted by change of circumstances.
5 (2) A pay plan for all municipal positions.
6 (3) Methods for determining the merit and fitness of
7 candidates for appointment or promotion.
8 (4) The policies and procedures regulating reduction in
9 force and disciplinary action, including suspension and
10 removal of employees.
11 (5) The hours of work and provisions for sick and
12 vacation leave and holidays and overtime compensation.
13 (6) Grievance procedures, including procedures for the
14 hearing of grievances.
15 (7) Other practices and procedures necessary to the
16 administration of the municipal personnel system.
17 SUBCHAPTER D
18 FILLING VACANCIES IN ELECTED OFFICE
19 Sec.
20 3131. Applicability of subchapter.
21 3132. Manner of filling vacancies in office.
22 § 3131. Applicability of subchapter.
23 This subchapter shall apply to the filling of vacancies in
24 elected office in all optional plans and options except those
25 set forth in Subchapter F of Chapter 30 (relating to optional
26 county plan).
27 § 3132. Manner of filling vacancies in office.
28 (a) Members of council.--
29 (1) If a vacancy exists in the municipal council, the
30 municipal council shall, by a majority of its remaining
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1 members, fill the vacancy, within 30 days thereafter, by
2 electing a qualified person to serve until that first Monday
3 of January when his successor is duly sworn into office for
4 the remainder of the term of the person originally elected to
5 the office. The successor shall be elected at the next
6 municipal election occurring at least 50 days after the
7 vacancy begins.
8 (2) In case vacancies should exist whereby the offices
9 of a majority or more members of the municipal council become
10 vacant, the remaining members shall fill the vacancies, one
11 at a time, giving each new appointee reasonable notice of his
12 appointment as will enable him to meet and act with the then
13 qualified member or members of the municipal council in
14 making further appointments until a bare majority of members
15 of municipal council members have been qualified. At that
16 time these members shall appoint persons to fill the
17 remaining vacancies at a meeting attended by the majority
18 members of municipal council, such appointees to receive a
19 majority of the votes of the members present at the meeting.
20 Each person selected to fill the vacancy or vacancies shall
21 hold his office as provided in this subsection.
22 (3) If, by reason of a tie vote or otherwise, the
23 vacancy shall not have been filled by the remaining members
24 of municipal council within the time as limited in this
25 subsection, the court of common pleas, upon the petition of
26 ten or more qualified electors, shall fill the vacancy by the
27 appointment of a qualified person for the portion of the
28 unexpired term as provided in this subsection.
29 (b) Other officers.--
30 (1) If a vacancy occurs in the office of executive
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1 (mayor), municipal treasurer, if elected, municipal
2 controller, if elected, county district attorney or county
3 sheriff, if elected, the municipal council shall fill the
4 vacancy within 30 days thereafter by choosing an executive
5 (mayor), a municipal treasurer, a municipal controller, a
6 county district attorney or a county sheriff, as the case may
7 be, to serve until his successor is elected by the qualified
8 electors at the next municipal election, occurring at least
9 50 days after the vacancy occurs, and is duly sworn into
10 office. The person so elected shall serve from the first
11 Monday of January next succeeding his election for the
12 remainder of the term of the person originally elected to the
13 office.
14 (2) If, by reason of a tie vote or otherwise, a vacancy
15 in the office of executive (mayor), treasurer, controller,
16 county district attorney or county sheriff has not been
17 filled by council within the time as limited in this
18 subsection, the court of common pleas, upon petition of ten
19 or more qualified electors, shall fill the vacancy by the
20 appointment of a qualified person for the portion of the
21 unexpired term as provided in this subsection.
22 SUBCHAPTER E
23 LEGISLATION BY COUNCIL
24 Sec.
25 3141. Regular and special meetings of council.
26 3142. Procedure and functions of council.
27 3143. Adoption of ordinances.
28 3144. Recording and compilation of ordinances and resolutions.
29 3145. Filing and publication of rules and regulations.
30 3146. Passage of administrative ordinance.
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1 § 3141. Regular and special meetings of council.
2 The council shall, by ordinance or resolution, designate the
3 time of holding regular meetings which shall be at least
4 monthly. The executive (mayor) or the president of council may
5 and, upon written request of a majority of the members of the
6 council, shall call a special meeting of the council. In the
7 call, he shall designate the purpose of the special meeting and
8 no other business shall be considered. All meetings of the
9 council shall be open to the public. The municipal clerk or
10 secretary shall keep a journal of its proceedings and record the
11 minutes of every meeting.
12 § 3142. Procedure and functions of council.
13 (a) Rules of procedure.--Council shall determine its own
14 rules of procedure, not inconsistent with ordinance or statute.
15 A majority of the whole number of members of the council shall
16 constitute a quorum, and no ordinance shall be adopted by the
17 council without the affirmative vote of a majority of all the
18 members of the council.
19 (b) Adoption of ordinances and resolutions.--Each ordinance
20 or resolution shall be presented and considered as determined by
21 council rules of procedure. The vote upon every motion,
22 resolution or ordinance shall be taken by roll call, and the
23 yeas and nays shall be entered on the minutes. The minutes of
24 each meeting shall be signed by the officer presiding at the
25 meeting and by the municipal clerk or secretary.
26 (c) Administrative ordinance.--Council shall adopt by
27 ordinance an administrative ordinance which shall provide for
28 the establishment and filling of additional administrative
29 offices which it deems necessary and shall provide for
30 administrative procedures not otherwise provided for in this
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1 subpart or by general law.
2 (d) Compensation of controller and treasurer.--The
3 compensation of the controller and treasurer shall be fixed by
4 the council.
5 § 3143. Adoption of ordinances.
6 (a) General rule.--Except as may otherwise be provided in
7 this subpart, all ordinances shall be adopted and published as
8 provided by law. Any ordinance may incorporate by reference any
9 standard technical regulation or code, official or unofficial,
10 which need not be so published whenever ten copies of the
11 regulations or code have been placed on file in the office of
12 the municipal clerk or secretary and in the office of the body
13 or department charged with the enforcement of the ordinance.
14 (b) Effective date.--No ordinance, other than the local
15 budget ordinance, shall take effect less than ten days after its
16 final passage by council and approval by the executive (mayor)
17 where that approval is required, unless the council adopts a
18 resolution declaring an emergency and at least a majority plus
19 one of all the members of the council vote in favor of the
20 resolution.
21 § 3144. Recording and compilation of ordinances and
22 resolutions.
23 The municipal clerk or secretary shall record all ordinances
24 and resolutions adopted by council and, at the close of each
25 year, with the advice and assistance of the municipal solicitor,
26 shall bind, compile or codify all the ordinances and
27 resolutions, or true copies thereof, which then remain in force
28 and effect. He shall also properly index the record books,
29 compilation or codification of ordinances and resolutions.
30 § 3145. Filing and publication of rules and regulations.
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1 No rule or regulation made by any department, officer, agency
2 or authority of the municipality, except as it relates to the
3 organization or internal management of the municipal government
4 or a part thereof, shall take effect until it is filed either
5 with the municipal clerk or secretary or in any other manner
6 provided by ordinance. The council shall provide for the prompt
7 publication of such rules and regulations.
8 § 3146. Passage of administrative ordinance.
9 The council shall prepare and pass an administrative
10 ordinance which shall provide for the manner of appointment of a
11 solicitor, clerk or secretary, may create commissions and other
12 bodies with advisory powers and may include additional
13 provisions relating to the internal structure of the
14 municipality as long as the provisions of the administrative
15 ordinance are not in conflict with this subpart.
16 SUBCHAPTER F
17 AUDIT AND CONTROL
18 Sec.
19 3151. Exercise of financial management control functions.
20 3152. Post audits by independent auditor.
21 3153. Selection of controller.
22 § 3151. Exercise of financial management control functions.
23 The council shall provide by separate ordinance or in the
24 administrative ordinance for the exercise of a control function
25 in the management of the finances of the municipality by the
26 municipal controller or an independent auditor or, in the case
27 of the optional plan set forth in Subchapter F of Chapter 30
28 (relating to optional county plan), by the controller or
29 auditors.
30 § 3152. Post audits by independent auditor.
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1 The council may provide for annual post audits of all
2 accounts by an independent auditor who shall be a certified
3 public accountant registered in this Commonwealth or a firm of
4 certified public accountants registered in this Commonwealth.
5 § 3153. Selection of controller.
6 Under any of the optional plans as set forth in this subpart,
7 except for the plans set forth in Subchapter F of Chapter 30
8 (relating to optional county plan), the office of controller may
9 be omitted or it may be filled by election by the electors
10 rather than by appointment when recommended by the government
11 study commission and adopted by the electors. If the office of
12 controller is to be filled by appointment, a controller shall be
13 appointed for an indefinite term by a majority of the members of
14 the governing body.
15 SUBCHAPTER G
16 TRANSITION TO OPTIONAL PLAN GOVERNMENT
17 Sec.
18 3161. Applicability of plan.
19 3162. Status and term of office of officials.
20 3163. Compensation of elected officials.
21 3164. Status of existing ordinances and resolutions.
22 3165. Abolishment of existing appointive offices.
23 3166. Pending actions and proceedings.
24 § 3161. Applicability of plan.
25 Whenever the electors of a municipality adopt any of the
26 optional plans provided by this subpart at any election for that
27 purpose, the municipality shall be governed under the provisions
28 of that plan, the provisions of law applicable to that class of
29 municipality and this subpart from the first Monday in January
30 following the municipal election occurring after the next
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1 succeeding primary election, except as provided in section 2924
2 (c) (relating to elections in new or revised districts).
3 § 3162. Status and term of office of officials.
4 (a) Existing elected official.--Any elected municipal
5 official in office at the time of the adoption of any optional
6 plan provided by this subpart shall continue in office only
7 until the new plan of government goes into effect as provided in
8 section 3161 (relating to applicability of plan), except as
9 otherwise provided in subsections (c) and (d).
10 (b) Members of council.--At the municipal election next
11 succeeding the adoption of one of the optional plans provided
12 for in this subpart, if four or fewer council members are
13 elected, they shall serve for terms of four years. If five are
14 elected, the four successful candidates receiving the highest
15 percentage of the votes cast for the office to which they are
16 elected shall serve for terms of four years, and the candidate
17 receiving the next highest percentage of votes shall serve for a
18 term of two years. If six or more council members are elected,
19 the five candidates receiving the highest percentage of the
20 votes cast for the office to which they are elected shall serve
21 for terms of four years, and the remaining successful candidates
22 receiving the next highest percentage of votes shall serve for
23 terms of two years. Thereafter, all council members shall be
24 elected for terms of four years. Where the term of office for
25 council members under the adopted plan is different from the
26 term of office for council members under an existing form of
27 government, the terms of office for council members so elected
28 shall be established so that, at each subsequent municipal
29 election at which council members are elected, the number of
30 council members to be elected shall be as nearly equal as
19930S0838B0911 - 136 -
1 possible to the number of council members to be elected at every
2 other regular municipal election at which council members are
3 elected.
4 (c) Treasurer, controller, district attorney and sheriff.--
5 If an elected municipal treasurer or elected municipal
6 controller, elected county district attorney or elected county
7 sheriff is in office at the time of the adoption of an optional
8 plan under the provisions of this subpart, a treasurer,
9 controller, district attorney or sheriff, as the case may be,
10 shall not be elected or appointed to take office until after the
11 resignation, death, removal or expiration of the term of the
12 incumbent in the office. At the expiration of the term of the
13 incumbent, a treasurer, controller, district attorney or
14 sheriff, as the case may be, shall be elected or appointed for
15 the full term for the office as provided by the optional plan
16 adopted.
17 (d) Continuation of existing members of council in office.--
18 Any member of a municipal governing body in office at the time
19 of the adoption of an optional plan shall remain in office,
20 continuing as an at-large or district council member, as the
21 case may be, until the expiration of this term in office and
22 shall receive the compensation provided by law at that time:
23 (1) If that council member was elected on an at-large
24 basis, the newly adopted optional plan provides for a total
25 number of at-large council members equal to or exceeding the
26 total number of at-large council members under the existing
27 form of government.
28 (2) If that council member was elected on a district
29 basis, the district from which that council member was
30 elected remains unchanged and continues to encompass the
19930S0838B0911 - 137 -
1 exact same geographical area under the newly adopted optional
2 plan as under the existing form of government and the number
3 of council members to be elected from that district under the
4 newly adopted optional plan is equal to or exceeds the number
5 elected from that district under the existing form of
6 government.
7 Any council member may, by writing filed with the municipal
8 treasurer, direct that any portion of his annual compensation
9 for serving in office be returned to the municipal treasury. For
10 the purpose of this section, an executive or mayor who is also a
11 member of the council under an existing plan shall be considered
12 as a member of the council, and after the new plan goes into
13 effect, his duties shall be only those of a member of council as
14 prescribed by the new plan.
15 (e) Number of members of council to be elected.--At the
16 municipal election next succeeding the adoption of one of the
17 optional plans provided for in this subpart, the number of
18 council members prescribed by the terms in the plan less the
19 number of council members then in office whose terms do not
20 expire on the first Monday of January next following, as may be
21 determined by subsection (d), shall be elected.
22 (f) Filling vacancies on council existing prior to
23 election.--If there are vacancies in council occurring by reason
24 of resignation, death or removal 90 days or more before the
25 election, they shall be filled for the remainder of the term of
26 the person originally elected to that office.
27 § 3163. Compensation of elected officials.
28 (a) Officials elected prior to transition year.--The annual
29 compensation of the executive (mayor) and council members
30 elected to their offices in the year prior to the transition
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1 year under any of the optional plans, except the plan set forth
2 in Subchapter F of Chapter 30 (relating to optional county
3 plan), adopted pursuant to this subpart, shall be established by
4 the commission as part of its recommendations or by the
5 initiative petition or ordinance of the governing body
6 authorized by sections 2942 (relating to initiation of amendment
7 by electors or council), 2943 (relating to petition for
8 referendum or ordinance proposing amendment) and 2944 (relating
9 to time and manner of submission of question).
10 (b) Officials elected subsequent to transition.--The
11 compensation of the executive (mayor), council members,
12 controller and treasurer elected to their offices subsequent to
13 the transition to any of the optional plans set forth in this
14 subpart, except for the plan set forth in Subchapter F of
15 Chapter 30, shall be fixed by ordinance of council adopted at
16 least two days prior to the last day fixed by law for candidates
17 to withdraw their names from nomination previous to the
18 municipal election. After the compensation is fixed by
19 ordinance, only an increase or decrease thereof need be fixed by
20 the ordinance.
21 § 3164. Status of existing ordinances and resolutions.
22 On the effective date of an optional plan adopted pursuant to
23 this subpart, all ordinances and resolutions of the municipality
24 to the extent that they are not inconsistent with the provisions
25 of this subpart shall remain in full force and effect.
26 § 3165. Abolishment of existing appointive offices.
27 (a) General rule.--On the effective date of an optional plan
28 adopted pursuant to this subpart, all appointive offices then
29 existing in such municipality shall be abolished and the terms
30 of all appointed officers shall immediately cease and terminate.
19930S0838B0911 - 139 -
1 This section does not abolish the office or terminate the terms
2 of office of any alderman or constable or of any official or
3 employee now protected by any tenure of office or civil service
4 law, or of any police officer or firefighter, whether or not
5 protected by a tenure of office law.
6 (b) Use of resolution to govern interim proceedings.--
7 Provisions for officers and for the organization and
8 administration of the municipal government under the optional
9 plan may be made by resolution pending the adoption of
10 ordinances, but any such resolution shall expire not later than
11 60 days after the effective date of the optional plan.
12 § 3166. Pending actions and proceedings.
13 All actions and proceedings of a legislative, executive or
14 judicial character, pending upon the effective date of an
15 optional plan, may continue. The appropriate officer or employee
16 under the optional plan shall be substituted for the officer or
17 employee exercising or discharging the function, power or duty
18 involved in the action or proceeding before the effective date.
19 SUBCHAPTER H
20 REPEAL OF OPTIONAL PLAN
21 Sec.
22 3171. Repeal of optional plan and establishment of new
23 form of government.
24 § 3171. Repeal of optional plan and establishment of new form
25 of government.
26 (a) General rule.--The procedure for repeal of an optional
27 plan shall be the same as for adoption of an optional plan as
28 provided in Subchapter B of Chapter 29 (relating to procedure
29 for adoption of a home rule charter or optional plan of
30 government), excluding the procedure provided in sections 2942
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1 (relating to initiation of amendment by electors or council),
2 2943 (relating to petition for referendum or ordinance proposing
3 amendment) and 2944 (relating to time and manner of submission
4 of question). Whenever the electors, by a majority vote of those
5 voting on the question, vote in favor of repeal of an optional
6 plan and the establishment of a particular form of government,
7 the municipality shall be governed under the form of government
8 selected by the electors. The form of government so approved
9 shall take effect on the first Monday of January following the
10 municipal election at which the elective officials of the form
11 of government selected by the electors shall have been elected.
12 The government study commission shall provide in its report for
13 the new form of government to be established.
14 (b) Amendment procedure.--This section does not prohibit or
15 limit the procedure provided in sections 2942 (relating to
16 initiation of amendment by electors or council), 2943 (relating
17 to petition for referendum or ordinance proposing amendment) and
18 2944 (relating to time and manner of submission of question) to
19 amend an optional plan.
20 PART V
21 PUBLIC IMPROVEMENTS, UTILITIES AND SERVICES
22 Subpart
23 A. General Provisions
24 SUBPART A
25 GENERAL PROVISIONS
26 Chapter
27 54. Business Improvement Districts
28 CHAPTER 54
29 BUSINESS IMPROVEMENT DISTRICTS
30 Sec.
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1 5401. Short title and scope of chapter.
2 5402. Definitions.
3 5403. Powers of governing body.
4 5404. Administrative services provided by cities of the
5 second class.
6 5405. Assessment authorized.
7 5406. Method and payment of assessment.
8 § 5401. Short title and scope of chapter.
9 (a) Short title of chapter.--This chapter shall be known and
10 may be cited as the Business Improvement District Act.
11 (b) Scope of chapter.--This chapter applies to municipal
12 corporations.
13 § 5402. Definitions.
14 The following words and phrases when used in this chapter
15 shall have the meanings given to them in this section unless the
16 context clearly indicates otherwise:
17 "Costs of improvements." Engineering, architectural,
18 attorney or other consulting fees, preliminary planning,
19 feasibility studies, financing costs and other costs necessary
20 and incidental to the completion of the improvement.
21 § 5403. Powers of governing body.
22 The governing body of every municipal corporation shall have
23 the power:
24 (1) To establish within the municipal corporation an
25 area or areas designated as a business improvement district
26 which district or districts may be designated as all or part
27 of any community which is zoned commercial or which is used
28 for general commercial purposes.
29 (2) To appropriate and expend those amounts as may be
30 necessary for preliminary planning or feasibility studies to
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1 determine needed improvements in business improvement
2 districts, to recommend improvement to individual properties
3 and to provide where required basic design criteria. Public
4 hearings shall be required before passage of the enabling
5 ordinance at which any interested party may be heard. Notice
6 of the hearings shall be advertised at least ten days prior
7 thereto in a newspaper circulating in the municipal
8 corporation. The ordinance shall specify improvements, with
9 respective costs. The ordinance shall not become effective
10 if, before the expiration of 20 days after its enactment,
11 property owners of the proposed district whose property
12 valuation as assessed for taxable purposes amounts to more
13 than 50% of the total property valuation of the district sign
14 and file, in the office of the prothonotary of the court of
15 common pleas, a written protest against the ordinance.
16 (3) To appropriate and expend in accordance with the
17 specific provisions of the enabling ordinance such amounts as
18 may be required to acquire by purchase or lease real or
19 personal property to effectuate the purposes of the
20 improvement district, including sidewalks, retaining walls,
21 street paving, street lighting, parking lots, parking
22 garages, trees and shrubbery purchased and planted,
23 pedestrian walks, sewers, water lines and rest areas and
24 acquisition and remodeling or demolition of blighted
25 buildings and similar or comparable structures. No
26 improvement shall be made to property which has not been
27 acquired.
28 (4) To acquire by gift, purchase or eminent domain,
29 land, real property or rights-of-way which may be needed for
30 the purposes of the projected improvements within the
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1 district.
2 (5) To issue bonds, notes or guarantees in accordance
3 with the provisions of general laws authorizing borrowing by
4 cities of the first class or in accordance with Subpart B of
5 Part VII (relating to indebtedness and borrowing), whichever
6 is applicable, in the amounts and for the periods necessary
7 to finance the projected improvements for any district.
8 § 5404. Administrative services provided by cities of the
9 second class.
10 In addition to the powers of the governing body established
11 in section 5403 (relating to powers of governing body), cities
12 of the second class shall have the power to provide
13 administrative services, that is, those services which improve
14 the ability of the commercial establishments of the district to
15 serve the consumer, including, but not limited to, free or
16 reduced fee parking for customers, transportation repayments,
17 public relations programs, group advertising, and district
18 maintenance and security services.
19 § 5405. Assessment authorized.
20 The governing body may impose an assessment on each benefited
21 property within a business improvement district which shall be
22 determined by the total cost of the improvements in the district
23 but not in excess of the amount legally assessable.
24 § 5406. Method and payment of assessment.
25 (a) Method.--The total cost of the administrative services
26 or improvements in the district shall be assessed to all of the
27 benefited properties in the district by one of the following
28 methods:
29 (1) By an assessment determined by multiplying the total
30 service and improvement cost by the ratio of the assessed
19930S0838B0911 - 144 -
1 value of the benefited property to the total assessed
2 valuation of all benefited properties in the district.
3 (2) By an assessment upon the several properties in the
4 district in proportion to benefits as ascertained by viewers
5 appointed in accordance with law.
6 (3) In the case of improvements by an assessment upon
7 the several properties in the district abutting the
8 improvements or benefiting from the services, or, where more
9 than one type of improvement or service is involved,
10 designated types, by the front-foot method, with equitable
11 adjustments for corner properties and other cases provided
12 for in the assessment ordinance. Any property which cannot be
13 equitably assessed by the front-foot method may be assessed
14 by the method provided in paragraph (2).
15 (b) Payment.--The governing body may by ordinance authorize
16 the payment of the assessment in equal annual or more frequent
17 installments over such time and bearing interest at the rate
18 specified in the ordinance. If bonds have been issued and sold,
19 or notes or guarantees have been given or issued, to provide for
20 the cost of the services and improvements, the assessment in
21 equal installments shall not be payable beyond the term for
22 which the bonds, notes or guarantees are payable.
23 (c) Claims to secure assessments.--Claims to secure the
24 assessments shall be entered in the prothonotary's office at the
25 time and in the form and shall be collected in the manner that
26 municipal claims are filed and collected. If installment
27 payments are authorized pursuant to subsection (b), the
28 ordinance may contain any or all of the following provisions:
29 (1) Notwithstanding the filing of the claims, all
30 assessments which are made payable in installments shall
19930S0838B0911 - 145 -
1 constitute liens and encumbrances upon the respective
2 benefited properties, at the beginning of each calendar year,
3 except as provided in paragraph (2), only in an amount equal
4 to the sum of:
5 (i) the annual or other installments becoming
6 payable in such year, with interest and penalties, if
7 any, thereon; and
8 (ii) the total of all installments, with interest
9 and penalties thereon, which became due during prior
10 years and which remain due and unpaid at the beginning of
11 the current year.
12 (2) In the case of default in the payment of any
13 installment and interest for a period of 90 days after the
14 payment becomes due, the assessment ordinance may provide
15 either for the entire assessment, with accrued interest and
16 penalties to become due and become a lien from the due date
17 of the installment, or may provide solely for the enforcement
18 of the claim as to the overdue installment, with interest and
19 penalties, in which case the ordinance shall further provide
20 that if any installment or portion thereof remains due and
21 unpaid for one year after it has become due and payable, then
22 the entire assessment with accrued interest and penalties
23 shall become due and become a lien from the due date of the
24 installment.
25 (3) No action taken to enforce a claim for any
26 installment or installments shall affect the status of any
27 subsequent installment of the same assessment, each of which
28 shall continue to become a lien upon the property annually
29 pursuant to paragraph (1).
30 (4) The ordinance may contain any other provision
19930S0838B0911 - 146 -
1 relating to installment assessments which is not inconsistent
2 with applicable law.
3 (d) Payment in full.--Any owner or property, against whom an
4 assessment has been made, may pay the assessment in full, at any
5 time, with accrued interest and costs thereon, and such a
6 payment shall discharge the lien of the assessment, or
7 installments then constituting a lien, and shall also release
8 the claim to any later installments.
9 (e) Benefits from administrative services.--No residential
10 property shall be assessed under this chapter for any benefit
11 received from administrative services.
12 (f) Construction of chapter.--Any reference in this chapter
13 to services shall mean only those services provided by a city of
14 the second class.
15 PART VII
16 TAXATION AND FISCAL AFFAIRS
17 Subpart
18 B. Indebtedness and Borrowing
19 SUBPART B
20 INDEBTEDNESS AND BORROWING
21 Chapter
22 80. General Provisions
23 81. Incurring Debt and Issuing Bonds and Notes
24 82. Miscellaneous Provisions
25 CHAPTER 80
26 GENERAL PROVISIONS
27 Subchapter
28 A. Preliminary Provisions
29 B. Limitations on Debt of Local Government Units
30 C. Procedure for Securing Approval of Electors
19930S0838B0911 - 147 -
1 SUBCHAPTER A
2 PRELIMINARY PROVISIONS
3 Sec.
4 8001. Short title, scope and applicability of subpart.
5 8002. Definitions.
6 8003. Advertisement and effectiveness of ordinances.
7 8004. When lease or other agreement evidences acquisition
8 of capital asset.
9 8005. Classification and authority to issue bonds and notes.
10 8006. Preliminary cost estimates.
11 8007. Cost of project.
12 8008. Home rule.
13 8009. Guaranty funds and compulsory associations.
14 § 8001. Short title, scope and applicability of subpart.
15 (a) Short title of subpart.--This subpart shall be known and
16 may be cited as the Local Government Unit Debt Act.
17 (b) Scope of subpart.--This subpart shall apply to all local
18 government units.
19 (c) Exemption of bonds and notes from taxation in this
20 Commonwealth.--All bonds or notes, including tax anticipation
21 notes issued by any local government unit under this subpart or
22 the act of June 25, 1941 (P.L.159, No.87), known as the
23 Municipal Borrowing Law, their transfer and the income
24 therefrom, including any profits made on the sale thereof, shall
25 be free from taxation for State and local purposes within this
26 Commonwealth. This exemption does not apply to inheritance and
27 estate taxes under 72 Pa.C.S. Ch. 17 (relating to inheritance
28 and estate taxes) or any other taxes not levied directly on the
29 bonds or notes, the transfer, the income or the realization of
30 profits on the sale.
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1 (d) Exclusive procedure.--A local government unit may borrow
2 money on bonds or notes, including tax anticipation notes, only
3 as provided in this subpart. This subpart provides an exclusive
4 and uniform system on the subjects covered by this subpart.
5 § 8002. Definitions.
6 (a) Classification of debt.--With respect to classifications
7 of debt and subject to additional definitions contained in
8 subsequent provisions of this subpart which are applicable to
9 specific provisions of this subpart, the following words and
10 phrases when used in this subpart shall have the meanings given
11 to them in this section unless the context clearly indicates
12 otherwise:
13 "Debt." The amount of all obligations for the payment of
14 money incurred by the local government unit, whether due and
15 payable in all events, or only upon the performances of work,
16 possession of property as lessee, rendering of services by
17 others or other contingency, except the following:
18 (1) Current obligations for the full payment of which
19 current revenues have been appropriated, including tax
20 anticipation notes, and current payments for the funding of
21 pension plans.
22 (2) Obligations under contracts for supplies, services
23 and pensions allocable to current operating expenses of
24 future years in which the supplies are to be expended or
25 furnished, the services rendered or the pensions paid.
26 (3) Rentals or payments payable in future years under
27 leases, guaranties, subsidy contracts or other forms of
28 agreement not evidencing the acquisition of capital assets.
29 This exception shall not apply to rentals or payments under
30 any instruments which would constitute lease rental debt but
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1 for the fact that the lessor or obligee is not an entity
2 described in section 8004(a)(1) (relating to when leave or
3 other agreement evidences acquisition of capital assets).
4 (4) Interest or assumed taxes payable on bonds or notes
5 which interest or taxes is not yet overdue.
6 "Electoral debt." All net debt incurred with the assent of
7 the electors, given as provided in this subpart whether issued
8 by a local government unit or through an authority.
9 "Lease rental debt." The principal amount of authority bonds
10 or notes or bonds or notes of another local government unit to
11 be repaid from payments of the local government unit made
12 pursuant to leases, guaranties, subsidy contracts or other forms
13 of agreement where those payments are or may be made out of the
14 tax and other general revenues of a local government unit under
15 leases, guaranties, subsidy contracts or other forms of
16 agreement which evidence the acquisition of capital assets,
17 excluding any amount which has been approved by the electors.
18 "Net lease rental debt." A portion of lease rental debt as
19 determined under Subchapter B (relating to limitations on debt
20 of local government units).
21 "Net nonelectoral debt." A portion of nonelectoral debt as
22 determined in accordance with Subchapter B (relating to
23 limitations on debt of local government units).
24 "Nonelectoral debt." All debt determined as provided in this
25 subpart, incurred or authorized to be incurred, except electoral
26 debt and lease rental debt, in each case whether authorized
27 before or after July 12, 1972, and whether before or after the
28 debt is incurred.
29 (b) Exclusions from debt.--With respect to exclusions from
30 any particular category of debt and subject to additional
19930S0838B0911 - 150 -
1 definitions contained in subsequent provisions of this subpart
2 which are applicable to specific provisions of this subpart, the
3 following words and phrases when used in this subpart shall have
4 the meanings given to them in this section unless the context
5 clearly indicates otherwise:
6 "Self-liquidating debt." Debt payable solely from rents,
7 rates or other charges to the ultimate users of the project, to
8 be financed in whole or in part by that debt, or payable solely
9 from special levies or assessments of benefits lawfully
10 earmarked exclusively for that purpose. The term also includes
11 debt or any portion thereof at the time qualified as self-
12 liquidating pursuant to this subpart, whether or not solely
13 payable from those sources. The term "ultimate users" includes
14 the local government unit itself only where its use of the
15 project is incidental to the use of the project by other users.
16 "Subsidized debt." The amount of debt which is self-
17 liquidating to the local government unit because the annual debt
18 service on the amount for the fiscal year next following the
19 time of determination:
20 (1) Will be covered by payments of subsidies on account
21 of the cost of the project or on account of operations, but
22 measured by the cost of the project, or which will be covered
23 by capital account reimbursements, which subsidies or
24 reimbursements will be paid by either the Commonwealth or the
25 Federal Government, or both, where such payments under the
26 legislation in force at the time of determination are stated
27 to be of a recurring nature, if the Commonwealth or the
28 Federal Government shall have preliminarily or finally
29 qualified the project for the subsidy or reimbursement, all
30 as determined under section 8024 (relating to exclusion of
19930S0838B0911 - 151 -
1 subsidized debt from net nonelectoral or net lease rental
2 debt).
3 (2) Will be covered by payments under a subsidy contract
4 with another local government unit or under a subsidy
5 contract with an authority and the amount is lawful lease
6 rental debt as to the other local government unit as
7 determined under section 8024.
8 (c) Other definitions.--Subject to additional definitions
9 contained in subsequent provisions of this subpart which are
10 applicable to specific provisions of this subpart, the following
11 words and phrases when used in this subpart shall have the
12 meanings given to them in this section unless the context
13 clearly indicates otherwise:
14 "Accountant." A certified public accountant or public
15 accountant or a firm of either of them.
16 "Authority." An authority or nonprofit corporation organized
17 under any statute by or on behalf of the Commonwealth or any
18 local government unit or jointly by any one or more of them.
19 "Bond or note." Any instrument issued by a local government
20 unit imposing an obligation for the repayment of money borrowed,
21 but not including a guaranty endorsed on an instrument issued by
22 an authority. Unless otherwise indicated, the term does not
23 include tax anticipation notes. A bond or a note which is a
24 security as defined in 13 Pa.C.S. Div. 8 (relating to investment
25 securities) shall be governed by 13 Pa.C.S. Div. 8 and every
26 other bond or note shall be governed by Subchapter C (relating
27 to procedure for securing approval of electors), except in each
28 case as otherwise provided in this subchapter.
29 "Borrowing base." The annual arithmetic average of the total
30 revenues for the three full fiscal years ended next preceding
19930S0838B0911 - 152 -
1 the date of the incurring of nonelectoral debt or lease rental
2 debt as set forth in a certificate stating the total revenues in
3 each of these years and stating the average, executed by the
4 authorized officials of the local government unit or by an
5 independent accountant. If, within that three-year period, there
6 has been an expansion or contraction of the territorial or
7 functional jurisdiction of a local government unit through
8 transfer, merger, annexation or assumption, in whole or in part,
9 in relation to another local government unit or an authority,
10 the borrowing base shall be calculated as if the expansion or
11 contraction had occurred within or prior to the commencement of
12 the three-year period in the manner as the statutes, charter
13 provisions or court decree provides or directs or, in the
14 absence of those provisions, as the department approves.
15 "Department." The Department of Community Affairs of the
16 Commonwealth.
17 "General obligation." In the title of a bond or note, means
18 a bond or note for the payment of which the full faith, credit
19 and taxing power of the local government unit is pledged, for
20 the payment of which the local government unit has entered into
21 the required covenant under section 8104 (relating to covenant
22 to pay bonds or notes or a guaranty), and for the payment of
23 which no specific revenues are pledged.
24 "Governing body." The authorities in each local government
25 unit authorized by law to levy taxes or fix the tax rate of the
26 local government unit. The term also includes the school board
27 of a school district and the board or officers authorized to
28 make binding commitments for joint local government units, even
29 though that body has no power to levy taxes.
30 "Guaranteed revenue." In the title of a bond or note, means
19930S0838B0911 - 153 -
1 a bond or note of a local government unit payable in whole or in
2 part from pledged revenues, but which becomes wholly or partly a
3 general obligation of the local government unit, as guarantor in
4 the event of deficiency in the pledged revenues.
5 "Guaranty." A guaranty, whether conditional or unconditional
6 and whether full or partial, to or for the benefit of holders of
7 bonds or notes of the local government unit or holders of bonds
8 or notes or other obligations of an authority or another local
9 government unit, of the payment of the principal of and interest
10 on the bonds or notes, the premium, if any, and assumed taxes,
11 if any, on those obligations.
12 "Incur" or "incurred." When used with respect to debt, means
13 the point in time when, in the case of debt assented to by the
14 electors, the assent has been given, and, in the case of
15 nonelectoral or other debt the first ordinance or in the case of
16 small borrowings under section 8109 (relating to small borrowing
17 for capital purposes), the resolution authorizing the debt has
18 been finally enacted or adopted, unless the authority for the
19 debt has been canceled or terminated as provided in this
20 subpart. Final enactment or adoption means the final act
21 necessary to make an ordinance or resolution, as the case may
22 be, effective pursuant to all requirements of law, including any
23 necessary approval by a mayor or other executive officer or
24 failure of action by the mayor or officer within a specified
25 statutory time limit, or passage over the veto of a mayor or of
26 the officer, but does not include any required advertising
27 subsequent to the date of adoption by the governing body of the
28 local governing unit.
29 "Issue." All bonds authorized to be sold in respect of a
30 particular project, whether authorized to be sold at one time or
19930S0838B0911 - 154 -
1 from time to time in one or more series.
2 "Local government unit." A county, county institution
3 district, city, borough, incorporated town, township, school
4 district or any similar, general or limited purpose unit of
5 local government or any unit created by joint action of two or
6 more local government units which is authorized to be created by
7 law. The term does not include a city or county of the first
8 class, an authority as defined in this section or any unit
9 created by joint action of two or more local government units
10 which have not been granted by statute the power to issue bonds.
11 The term includes school districts of the first class presently
12 operating under a home rule charter or home rule charter
13 supplement and the provisions of this subpart shall govern over
14 inconsistent charter provisions.
15 "Ordinance." The formal action of a local government unit,
16 whether, under the law applicable to the local government unit,
17 the action is taken by ordinance or by resolution, to which the
18 requirements of section 8003 (relating to advertisement and
19 effectiveness of ordinances) applies.
20 "Project." Includes any of the following:
21 (1) Items of construction, acquisition, extraordinary
22 maintenance or repair which have been undertaken by a local
23 government unit.
24 (2) Preliminary studies, surveying, planning, testing or
25 design work for any undertaking described in paragraph (1).
26 (3) Lands or rights in land to be acquired.
27 (4) Furnishings, machinery, apparatus or equipment
28 normally classified as capital items, but these items must
29 have a useful life of five years or more if financed
30 separately and not as a part of a construction or acquisition
19930S0838B0911 - 155 -
1 project.
2 (5) The local government unit's share of the cost of a
3 project undertaken jointly with one or more other local
4 government units or the Commonwealth or one of its agencies.
5 (6) County-wide revision of assessment of real property.
6 (7) Funding of all or any portion of a reserve, or a
7 contribution toward a combined reserve, pool or other
8 arrangement, relating to self-insurance, which has been
9 established by one or more local government units, pursuant
10 to 42 Pa.C.S. § 8564 (relating to liability insurance and
11 self-insurance), up to, but not exceeding, the amount
12 provided in section 8007 (relating to cost of project).
13 (8) Funding or refunding of debt incurred for any or all
14 of the foregoing purposes.
15 (9) Any combination of any or all of the foregoing as
16 any or all of the above may be designated as a project by the
17 governing body for the financing of which it desires to incur
18 debt.
19 (10) Any deficit to be funded by bonds or notes as
20 provided in this subpart or the creation of a revolving fund
21 for specific improvements.
22 (11) Where a local government unit has adopted a capital
23 budget, any unfunded portion of the capital budget selected
24 by ordinance for current funding.
25 "Resolution." A formal action of a governmental unit other
26 than an ordinance, whether, under the law applicable to the
27 local government unit, the action is taken by ordinance or by
28 resolution, to which section 8003 does not apply.
29 "Revenue." In the title of a bond or note not preceded by
30 the word guaranteed, means a bond or note payable solely from
19930S0838B0911 - 156 -
1 user charges, rates, revenues, rentals, fees, special
2 assessments and receipts pledged for the purpose.
3 "Series." All the bonds or notes to be sold and delivered at
4 one time in respect of one project or of any two or more
5 projects which have been combined for purposes of financing or
6 where the bonds or notes have been combined for sale as provided
7 in this subpart.
8 "Sinking fund." The special fund created pursuant to section
9 8221 (relating to creation of sinking funds and deposits,
10 reserves and surplus funds) for the payment of the principal of
11 and interest on bonds or notes, premium, if any, and assumed
12 taxes, if any, or for the payment of a guaranty.
13 "Tax anticipation notes." Notes issued in anticipation of
14 taxes, in anticipation of revenues or in anticipation of both as
15 designated in the notes.
16 "Total revenues." All moneys received by the local
17 government unit in a fiscal year from whatever source derived,
18 except the following:
19 (1) Subsidies or reimbursements from the Federal
20 Government or from the Commonwealth measured by the cost of,
21 or given or paid on account of, a particular project financed
22 by debt.
23 (2) Project revenues, rates, receipts, user charges,
24 special assessments and special levies which are or will be
25 pledged or budgeted for specific self-liquidating debt, or
26 for payments under leases, guaranties, subsidy contracts or
27 other forms of agreement which could constitute lease rental
28 debt except that the payments are payable solely from these
29 sources, but that portion thereof that has been returned to
30 or retained by the local government unit shall not be
19930S0838B0911 - 157 -
1 excluded.
2 (3) Interest on moneys in sinking funds, reserves and
3 other funds, which interest is pledged or budgeted for the
4 payment or security of outstanding debt, and interest on bond
5 or note proceeds, if similarly pledged.
6 (4) Grants and gifts in aid of or measured by the
7 construction or acquisition of specified projects.
8 (5) Proceeds from the disposition of capital assets, and
9 other nonrecurring items including bond or note proceeds not
10 considered income under generally accepted municipal
11 accounting principles.
12 § 8003. Advertisement and effectiveness of ordinances.
13 (a) Advertisement of ordinances.--Notwithstanding any other
14 statute to the contrary, an ordinance required to be adopted by
15 this subpart shall be advertised not less than three nor more
16 than 30 days prior to its enactment. The advertisement shall
17 appear once in a newspaper of general circulation in the area of
18 the local government unit, shall set forth a summary of the
19 contents of the ordinance and shall state that a copy of the
20 full proposed text thereof may be examined by any citizen in the
21 office of the secretary of the local government unit at the
22 address and during the reasonable hours stated in the
23 advertisement.
24 (b) Notice of enactment.--Not later than 15 days after the
25 final enactment of the ordinance, a notice of the enactment
26 shall be advertised once in a newspaper of general circulation
27 in the local government unit. This notice shall state:
28 (1) Briefly, the substance of any amendments made during
29 final passage, and, where applicable:
30 (i) in respect of lease rental debt the range of
19930S0838B0911 - 158 -
1 lease rental payments; and
2 (ii) in other cases, the price bid for bonds or
3 notes and the range of interest rates named in the
4 successful bid.
5 (2) That the final text of the ordinance as enacted may
6 be examined by any citizen in the office of the secretary of
7 the local government unit at the address and during the
8 reasonable hours stated in the notice.
9 (c) Effectiveness of ordinance.--The ordinance shall be
10 valid and effective for all purposes on the fifth day after the
11 second advertisement. The second advertisement shall be
12 conclusive, so far as concerns the effectiveness of the
13 ordinance or the validity of any debt incurred, as to the
14 existence of all matters recited or referred to therein unless
15 an action questioning the validity or effectiveness has been
16 filed in timely manner as provided in this subpart, but the
17 conclusiveness shall not affect the liability of any person for
18 failure to permit inspection. No other or different publication
19 shall be required notwithstanding the provisions of any other
20 statute.
21 § 8004. When lease or other agreement evidences acquisition of
22 capital asset.
23 (a) General rule.--A lease, guaranty, subsidy contract or
24 other agreement entered into by a local government unit shall
25 evidence the acquisition of a capital asset if:
26 (1) the lessee or obligor is a local government unit and
27 the lessor or obligee is an authority organized under any law
28 of this Commonwealth, another local government unit, a
29 nonprofit corporation, the State Public School Building
30 Authority or other agency or authority of the Commonwealth;
19930S0838B0911 - 159 -
1 (2) the payments, or any portion thereof, which are
2 payable in a subsequent fiscal year or subsequent fiscal
3 years and which are applicable to debt service requirements
4 or capital costs are payable, whether in all events or only
5 upon the happening of certain events, under the terms of the
6 instrument from the tax or general revenues of the local
7 government unit; and
8 (3) upon termination of the lease guaranty, subsidy
9 contract or other agreement or upon dissolution of the lessor
10 or obligee, whether before or after the termination of the
11 lease, title to the subject project or premises or a given
12 part thereof or undivided interest therein, shall or, at the
13 option of the local government unit, may vest by agreement or
14 operation of law in the local government unit or in the
15 Commonwealth.
16 (b) Agreement exceeding useful life of asset.--A lease,
17 guaranty, subsidy contract or other form of agreement entered
18 into by a local government unit shall also evidence the
19 acquisition of a capital asset if the payments to be made in a
20 subsequent fiscal year or subsequent fiscal years applicable to
21 debt service requirements or capital costs are payable, whether
22 in all events or only upon the happening of certain events,
23 under the provisions of the instrument from the tax or general
24 revenues of the local government unit and the term of the
25 instrument is equal to or exceeds the useful life of the asset,
26 regardless of the nature of the lessor or obligee.
27 § 8005. Classification and authority to issue bonds and notes.
28 (a) Classification.--Bonds or notes prior to the
29 authorization thereof shall be classified by the issuing local
30 government unit as one of the following three types of
19930S0838B0911 - 160 -
1 obligation:
2 (1) General obligation bonds or notes.
3 (2) Guaranteed revenue bonds or notes.
4 (3) Revenue bonds or notes.
5 (b) Guaranteed revenue bonds or notes.--Guaranteed revenue
6 bonds or notes may have either a general or a limited guaranty
7 as the governing body of the local government unit may
8 determine, but if the guaranty is less than a full unconditional
9 guaranty, the title of the bond or note shall contain the word
10 "limited" before the word "guaranteed." The guaranty of the
11 local government may be of its own revenue bonds or notes or of
12 the revenue bonds or notes of an authority or another local
13 government unit subject, however, to the provisions of
14 subsection (c).
15 (c) Authority to issue bonds and notes.--Notwithstanding any
16 other law to the contrary, every local government unit shall
17 have full power and authority to issue bonds or notes, and make
18 guaranties, leases, subsidy contracts or other agreements
19 evidencing the acquisition of capital assets payable out of
20 taxes and other general revenues, to provide funds for and
21 towards the cost of or the cost of completing any project or
22 combination of projects which the local government unit is
23 authorized to own, acquire, subsidize, operate or lease, or to
24 participate in owning, acquiring, subsidizing, operating or
25 leasing with others, to issue tax anticipation notes and funding
26 bonds or notes as provided in this subpart, and to contract for
27 insurance covering the risks of nonpayment of principal,
28 interest and premium of bonds, notes, tax anticipation notes and
29 guaranties.
30 (d) Nature of guaranty.--For the purpose of this subpart,
19930S0838B0911 - 161 -
1 unless debt evidenced by a guaranty has been approved as
2 electoral debt in accordance with Subchapter C (relating to
3 procedure for securing approval of electors), the guaranty shall
4 be deemed to be nonelectoral debt if the local government unit
5 guaranties its own bonds or notes and shall be deemed to be
6 lease rental debt if it guaranties the bonds or notes of an
7 authority or another local government unit. For the purpose of
8 all other statutes, the guaranty shall be deemed to create debt
9 or indebtedness of the local government unit making the
10 guaranty.
11 § 8006. Preliminary cost estimates.
12 Prior to the initial authorization of bonds or notes or the
13 issuance of any guaranty to finance any project involving
14 construction or acquisition, the governing body shall obtain
15 realistic cost estimates through actual bids, option agreements
16 or professional estimates from registered architects,
17 professional engineers or other persons qualified by experience.
18 Any local government unit may retain the services of a financial
19 advisor. Costs of preliminary estimates and the fees of
20 financial advisors may, if initially paid by the local
21 government unit, be reimbursed out of the net proceeds of the
22 issue of bonds or notes as a cost of the project.
23 § 8007. Cost of project.
24 The cost of a project includes the amount of all payments to
25 contractors or for the acquisition of a project or for lands,
26 easements, rights and other appurtenances deemed necessary for
27 the project, fees of architects, engineers, appraisers,
28 consultants, financial advisors and attorneys incurred in
29 connection with the project financing costs, costs of necessary
30 printing and advertising, costs of preliminary feasibility
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1 studies and tests, cost estimates and interest on money borrowed
2 to finance the project, if capitalized, to the date of
3 completion of construction and, if deemed necessary, for one
4 year thereafter, amounts to be placed in reserve funds, if any,
5 a reasonable initial working capital for operating the project
6 and a proper allowance for contingencies and any amount which
7 constitutes, under generally accepted accounting principles, a
8 cost of, and which has been determined by an independent actuary
9 or other expert to be required for the purposes of, a reserve or
10 a contribution toward a combined reserve, pool or other
11 arrangement, for losses or liabilities covered by a self-
12 insurance arrangement established by one or more local
13 government units.
14 § 8008. Home rule.
15 Every local government unit obtaining a home rule charter
16 after July 12, 1972, shall be subject to the substantive
17 provisions of this subpart applicable to it as if it were a
18 local government unit and may adopt the procedural provisions of
19 this subpart, by incorporation thereof by reference, in its home
20 rule charter.
21 § 8009. Guaranty funds and compulsory associations.
22 (a) Self-insurance.--No self-insurance program funded
23 pursuant to this subpart shall be required or permitted to join
24 or contribute financially to any insurance insolvency guaranty
25 fund, or similar mechanism, in this Commonwealth, nor shall any
26 such self-insurance program funded pursuant to this subpart, or
27 its insureds or claimants against its insureds, receive any
28 benefit from any such fund for claims arising under the coverage
29 provided by such self-insurance program.
30 (b) Exception.--When a local government unit or group of
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1 local government units obtains insurance from a self-insurance
2 program funded pursuant to this subpart, such risks, wherever
3 resident or located, shall not be covered by any insurance
4 guaranty fund or similar mechanism in this Commonwealth.
5 SUBCHAPTER B
6 LIMITATIONS ON DEBT OF LOCAL GOVERNMENT UNITS
7 Sec.
8 8021. No limitation on debt approved by electors.
9 8022. Limitations on incurring of other debt.
10 8023. Transfer to electoral debt of debt incurred without
11 approval of electors.
12 8024. Exclusion of subsidized debt from net nonelectoral debt
13 or net lease rental debt.
14 8025. Exclusion of self-liquidating debt evidenced by revenue
15 bonds or notes to determine net nonelectoral debt.
16 8026. Exclusion of other self-liquidating debt to determine net
17 nonelectoral debt or net lease rental debt.
18 8027. Effect of debt limitations on outstanding debt.
19 8028. Determination of existing net nonelectoral debt and net
20 nonelectoral plus net lease rental debt.
21 8029. Determination of debt limits.
22 § 8021. No limitation on debt approved by electors.
23 All debt of any classification, whenever incurred, which is
24 approved, either before or after the debt is incurred, by
25 majority of the votes cast upon the question of incurring the
26 debt at a general or special election held as provided by
27 applicable law, is excluded from the nonelectoral debt or the
28 lease rental debt, as the case may be, of a local government
29 unit and the limitations imposed by this subpart upon the debt
30 of the classification shall not apply to such debt.
19930S0838B0911 - 164 -
1 § 8022. Limitations on incurring of other debt.
2 (a) Nonelectoral debt.--Except as provided in subsections
3 (c), (d) and (e) and as otherwise specifically provided in this
4 subpart, a local government unit shall not incur any new
5 nonelectoral debt if the aggregate net principal amount of the
6 new nonelectoral debt, together with all other net nonelectoral
7 debt outstanding, would cause the total net nonelectoral debt of
8 the local government unit to exceed any of the following:
9 (1) One hundred percent of its borrowing base in the
10 case of a school district of the first class.
11 (2) Three hundred percent of its borrowing base in the
12 case of a county.
13 (3) Two hundred fifty percent of its borrowing base in
14 the case of any other local government unit.
15 (b) Nonelectoral debt plus lease rental debt.--Except as
16 provided in subsections (c), (d) and (e) or as otherwise
17 specifically provided in this subpart, in the exercise of
18 legislative control over the budgets and expenditures of local
19 government units and of the purposes for which tax moneys and
20 general revenues of local government units may be expended, a
21 local government unit shall not incur any new lease rental debt
22 or nonelectoral debt if the aggregate net principal amount of
23 the new debt, together with any other net nonelectoral debt and
24 net lease rental debt then outstanding, would cause the
25 outstanding total of net nonelectoral debt plus net lease rental
26 debt of the local government unit to exceed any of the
27 following:
28 (1) Two hundred percent of the borrowing base in the
29 case of a school district of the first class.
30 (2) Four hundred percent of its borrowing base in the
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1 case of a county.
2 (3) Three hundred fifty percent of its borrowing base in
3 the case of all other local government units.
4 (c) Self-liquidating or subsidized debt.--The limitations
5 and prohibitions of subsections (a) and (b), referred to as the
6 "regular debt limits," shall not apply to electoral debt, nor to
7 debt excluded in computing net amounts of nonelectoral debt or
8 of lease rental debt, as self-liquidating or because subsidized,
9 when the exclusion is made pursuant to sections 8024 (relating
10 to exclusion of subsidized debt from net nonelectoral debt or
11 net lease rental debt), 8025 (relating to exclusion of self-
12 liquidating debt evidenced by revenue bonds or notes to
13 determine net nonelectoral debt) and 8026 (relating to exclusion
14 of other self-liquidating debt to determine net nonelectoral
15 debt or net lease rental debt).
16 (d) Additional nonelectoral or lease rental debt.--
17 Additional nonelectoral or additional lease rental debt or both
18 in the aggregate amount of 100% of the borrowing base may be
19 incurred by a county which has assumed countywide responsibility
20 or, where the county has not assumed countywide responsibility,
21 by a local government unit which has assumed responsibility for
22 its and its adjacent areas for hospitals and other public health
23 services, air and water pollution control, flood control,
24 environmental protection, water distribution and supply systems,
25 sewage and refuse collection and disposal systems, education at
26 any level, highways, public transportation or port operations.
27 The additional debt limit may be so utilized only to provide
28 funds for and towards the cost of capital facilities for any or
29 any combination of the foregoing purposes. Debt, other than
30 electoral debt, at any time incurred for such purposes or any of
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1 them may be assigned by ordinance to this additional debt limit
2 if the remaining borrowing capacity within the regular limits is
3 insufficient to finance other projects deemed necessary by the
4 governing body of the local government unit.
5 (e) Emergency debt.--If replacement of assets is required as
6 a result of fire, flood, storm, war, riot, civil commotion or
7 other catastrophe, or the replacement or any improvements are
8 required for the prevention of dangers to health or safety, or
9 if funds are required for the payment of tort liability not
10 covered by insurance, or if funds are required to be used for
11 and towards the costs of mandated installations of health,
12 safety, antipollution, environmental protection and control
13 facilities or of complying with other mandated Federal or State
14 programs, a local government unit lacking sufficient remaining
15 borrowing capacity as nonelectoral or lease rental debt or being
16 otherwise prohibited by section 8045 (relating to effect of
17 defeat of question) from incurring debt for the purpose, upon
18 petition to the court of common pleas alleging the catastrophe,
19 or the danger to health and safety, or the mandated nature of
20 the program and the estimated costs of the proposed facilities,
21 and upon proof thereof to the satisfaction of the court, shall
22 be authorized, notwithstanding section 8045 or the insufficiency
23 of nonelectoral or lease rental borrowing capacity, to incur
24 debt, as either lease rental or nonelectoral debt, up to an
25 additional 50% of its borrowing base, if the increase is found
26 by the court to have been made necessary under this subsection
27 by reason of the causes set forth in the petition. The increase,
28 together with all outstanding other additional emergency debt
29 which may have been previously authorized under this subsection
30 excluding any allocated to the additional debt limit under
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1 subsection (d), shall not exceed 50% of the borrowing base.
2 Public notice of the intention to file such a petition and of
3 the purpose for which the additional emergency debt is to be
4 incurred shall be given by advertisement in at least one and not
5 more than two newspapers of general circulation and in the legal
6 journal not less than five nor more than 20 days before the
7 filing thereof. The additional emergency debt may be incurred
8 only for the purposes and upon the terms approved by the court.
9 The amount of the debt initially in excess of the regular debt
10 limits shall not thereafter be included in computing net amounts
11 of nonelectoral or lease rental debt.
12 § 8023. Transfer to electoral debt of debt incurred without
13 approval of electors.
14 The governing body of any local government unit may, by
15 resolution, signify a desire to have any debt theretofore
16 incurred without the approval of the electors transferred to the
17 electoral debt. The resolution shall direct the holding of an
18 election for the purpose of obtaining the approval of the
19 electors to the debt in the manner provided for securing the
20 approval of electoral debt. The question shall be whether the
21 remaining unpaid debt incurred without the approval of the
22 electors for the project named in the question shall be removed
23 from the category of nonelectoral or lease rental debt. If a
24 majority of the votes cast upon the question at the election
25 favor transfer to electoral debt, a certified copy of the
26 resolution, proof of due advertisement of the election and a
27 certified return of the election shall be filed with the
28 department. If the department finds the proceedings to have been
29 taken in conformity with the law, it shall endorse its approval
30 on a duplicate original and return it to the local government
19930S0838B0911 - 168 -
1 unit. The debt shall thereupon be no longer classified as
2 nonelectoral or lease rental debt.
3 § 8024. Exclusion of subsidized debt from net nonelectoral debt
4 or net lease rental debt.
5 (a) Filings with department.--Subsidized debt shall not be
6 excluded from nonelectoral debt or lease rental debt, as the
7 case may be, for the purposes of establishing net outstanding
8 debt of either category until the following have been filed with
9 and approved by the department:
10 (1) A copy, certified by the secretary of the board of
11 the local government unit or of the authority, of the
12 permanent or preliminary approval from the Commonwealth or
13 from the Federal Government of the project of the related
14 bonds or notes, or of the interest thereon, for subsidization
15 or for reimbursement of all or part of debt service or on
16 account of operations, but measured by the cost of the
17 project or a certified copy of the subsidy contract with
18 another local government unit or an authority.
19 (2) Evidence satisfactory to the department from the
20 subsidizing agency as to the indicated annual amount of the
21 subsidy.
22 (3) Appropriate reference to the legislation authorizing
23 the reimbursement or subsidy indicating the legislated
24 recurring nature of the subsidy or, in the case of a subsidy
25 contract with another local government unit, evidence
26 satisfactory to the department that the amount to be excluded
27 is within the debt limitations of the other local government
28 unit or has been approved as electoral debt.
29 (4) A computation, in reasonable detail, certified by
30 the proper officers of the local government unit or of the
19930S0838B0911 - 169 -
1 authority, or by the financial advisor if one be retained,
2 showing the principal amount of the bonds to be serviced by
3 the reimbursement or subsidy, determined in the proportion
4 that the total indicated subsidy or reimbursement to be
5 received over the remaining life of the issue bears to the
6 total debt service to be paid over the remaining life of the
7 issue, computed to stated maturity or earlier mandatory call
8 dates.
9 The principal amount of the bonds or notes of the local
10 government unit of the authority which will constitute
11 subsidized debt shall, in those instances where the subsidy is
12 related to a percentage of lease rentals or to a percentage of
13 sinking fund payments, in either case applicable solely to debt
14 service, be that stated percentage of the bonds or notes. That
15 proportion of the bonds or of lease rental debt shall be
16 excluded as subsidized debt. The filing may be made
17 simultaneously with the filing for the approval of the balance
18 of the bonds then being issued or may be made or corrected at a
19 later date.
20 (b) Incurring new debt.--Each time any new debt is to be
21 incurred, if subsidized debt is to be excluded, a new
22 certification shall be made to the department, stating one of
23 the following:
24 (1) That there has been no decrease in the subsidy.
25 (2) That there has been a decrease, in which case the
26 certification shall include a recomputation of the principal
27 amount to be excluded.
28 (3) That there has been an increase and the local
29 government unit desires an increased exclusion certifying all
30 matters so changed and recomputing the principal amount to be
19930S0838B0911 - 170 -
1 excluded.
2 (c) Approval by department.--If the department approves the
3 exclusion of the principal amount of bonds or notes or lease
4 rental debt as being subsidized debt in accordance with this
5 subpart, originally or upon any recertification it shall return
6 a duplicate original of the filing to the local government unit
7 with its approval endorsed thereon. Upon receipt of the approval
8 by the local government unit, the principal amount of bonds
9 shall be excluded from nonelectoral debt or lease rental debt
10 for the purpose of determining net debt in each category.
11 § 8025. Exclusion of self-liquidating debt evidenced by revenue
12 bonds or notes to determine net nonelectoral debt.
13 Self-liquidating debt evidenced by revenue bonds or notes
14 shall not be excluded from nonelectoral debt for the purpose of
15 establishing net nonelectoral debt until the following have been
16 filed with the department:
17 (1) A statement by the proper officials of the local
18 government unit certifying the amount of the debt, the
19 project for which it was incurred and the nature of the
20 revenues from which the debt is to be repaid.
21 (2) A certificate from a qualified professional engineer
22 or architect, or other person qualified by experience
23 appropriate to the project, estimating the revenues and
24 operating expenses of the project and showing that the net
25 revenues so estimated will be sufficient to pay the annual
26 debt service as it falls due.
27 (3) An opinion of the bond counsel approving the issue
28 to the effect that the holders of the bonds or notes have no
29 claim upon the taxing power or tax revenues of the local
30 government unit issuing the bonds or notes, but only claims
19930S0838B0911 - 171 -
1 upon the specific revenues pledged and rights to the
2 enforcement of any covenants as to the levying or collection
3 of rates and charges for the use of the project being
4 financed or any covenants as to the assessment of benefits
5 upon properties serviceable by the project as provided in the
6 covenants with the holders of the revenue bonds.
7 § 8026. Exclusion of other self-liquidating debt to determine
8 net nonelectoral debt or net lease rental debt.
9 (a) Filings with department.--Self-liquidating debt shall
10 not be excluded in determining net nonelectoral debt or net
11 lease rental debt for the purpose of establishing net debt of
12 either category where the debt is evidenced by general
13 obligation bonds or notes, by bonds, notes or other obligations
14 of an authority or of another local government unit or by a
15 guaranty until there has been filed with and approved by the
16 department a report to the local government unit from qualified
17 registered engineers or architects or other persons qualified by
18 experience appropriate to the project, setting forth:
19 (1) The estimated or, if available, the actual cost of
20 construction, acquisition or improvement of the project
21 financed or to be financed.
22 (2) The principal amount of the general obligation bonds
23 or notes, the bonds, notes or obligations guaranteed or the
24 bonds or notes of an authority or another local government
25 unit secured by an instrument evidencing lease rental debt
26 which are to be issued, the dates, interest rate and amounts
27 of each stated maturity thereof and, set forth separately,
28 the same information with respect to the outstanding bonds,
29 notes or obligations.
30 (3) The amount or the estimated amount of the annual
19930S0838B0911 - 172 -
1 debt service for each year during the life of all the bonds,
2 notes or obligations or the bonds or notes of an authority or
3 another local government unit secured by an instrument
4 evidencing lease rental debt issued and intended to be issued
5 to finance the project.
6 (4) The date or estimated date of the completion of the
7 project.
8 (5) The estimated net revenues of the project for each
9 year of the remaining life of the bonds, notes or obligations
10 with a computation showing, in reasonable detail, that the
11 net revenues, together with other available funds to be
12 received in respect of the project, will be sufficient in
13 each year to pay the annual debt service, other than
14 capitalized debt service, on the bonds, notes or obligations
15 or a specified aggregate principal amount thereof.
16 (6) The qualified person's certificate that the
17 estimates of net revenues have been computed from the
18 person's best estimate of the gross revenues to be obtained
19 from the rentals, rates, tolls and charges, interest to be
20 received on reserve accounts, established or to be
21 established by ordinance or from payments under bulk service
22 or other contracts with other local government units or
23 authorities for the use of the project, or the gross revenues
24 to be received from special assessments levied to finance the
25 project, by deducting from the gross revenues, in each year,
26 the total estimated costs of operation and maintenance of the
27 project chargeable against the revenues or assessments and
28 any State taxes assumed on such bonds or notes all based on
29 assumptions deemed reasonable for the purpose by that person.
30 (7) The qualified person's further certificate that he
19930S0838B0911 - 173 -
1 is qualified to act with regard to the type of project being
2 financed, stating his experience.
3 (b) Approval by department.--If the department approves the
4 exclusion of the principal amount of bonds, notes or obligations
5 or bonds or notes of an authority of another local government
6 unit secured by an instrument evidencing lease rental debt
7 stated in the report as being self-liquidating debt as being in
8 accordance with law, it shall endorse its approval upon a
9 duplicate original of the proceedings and return it to the local
10 government unit. Upon receipt of the approval by the local
11 government unit, the principal amount of bonds, notes or
12 obligations shall be excluded from nonelectoral debt or net
13 lease rental debt, as the case may be, during the period of
14 construction and thereafter until new electoral, nonelectoral or
15 lease rental debt is to be incurred. At that time, if the
16 principal is to be excluded, a certification of no decrease,
17 other than decreases resulting from the payment of bonds or
18 notes, in the amount to be excluded shall be included in the
19 debt statement to be filed pursuant to section 8110 (relating to
20 debt statement). If there is a decrease, or if more of the debt
21 is desired to be excluded as self-liquidating, a new
22 certification shall be filed.
23 § 8027. Effect of debt limitations on outstanding debt.
24 Notwithstanding anything in other law or in this subpart,
25 this subpart shall not be construed to invalidate any debt which
26 was lawful when incurred or which could have been lawfully
27 incurred if this subpart had been in effect, whether incurred
28 before or after the passage of this subpart, and the percentage
29 limitations set forth in section 8022 (relating to limitations
30 on incurring of other debt) shall be deemed increased to the
19930S0838B0911 - 174 -
1 extent necessary to cover such incurred debt. This subpart shall
2 not be construed to subject any debt incurred and voted upon
3 prior to July 12, 1972, as electoral debt to any of the
4 limitations herein imposed by this subpart on nonelectoral debt.
5 § 8028. Determination of existing net nonelectoral debt and net
6 nonelectoral plus net lease rental debt.
7 (a) Gross nonelectoral and lease rental debt.--From the
8 gross principal amount of all incurred debt shall be subtracted
9 gross incurred electoral debt. The amount remaining shall then
10 be separated into gross incurred nonelectoral debt and gross
11 incurred lease rental debt.
12 (b) Net nonelectoral and lease rental debt.--Net
13 nonelectoral and net lease rental debt shall then be determined
14 by subtracting separately from gross nonelectoral debt and gross
15 lease rental debt respectively, as may be applicable, and as the
16 local government unit may desire to claim the following:
17 (1) All funds in the applicable sinking funds, whether
18 controlled by the local government unit or by the authority
19 which incurred the debt, reserve funds or accounts, except
20 maintenance and replacement reserve funds or accounts, and
21 net bond proceeds, held for the payment of the cost of a
22 project financed by the debt, including, in each case,
23 interest accrued thereon, but only to the extent that those
24 funds are available for payment of the principal amount of
25 the debt.
26 (2) The current appropriation for the payment of the
27 principal of and overdue interest on the nonelectoral debt or
28 for the payment of the net lease rental in the case of lease
29 rental debt, except to the extent that the same has already
30 been deposited in sinking funds.
19930S0838B0911 - 175 -
1 (3) The uncollected amount of the benefits or costs or
2 the estimates thereof which have been or are authorized to be
3 assessed against owners of property and for which liens may
4 be legally filed, to the extent that the assessments are
5 available for the payment of the principal amount of the
6 debt.
7 (4) The amount of delinquent taxes from prior years and
8 other undisputed municipal liens actually filed against
9 property less the sum of:
10 (i) A reserve, reasonable in amount, for so much
11 thereof as may not be collected.
12 (ii) The amount thereof appropriated for current
13 expenses in the current year's budget.
14 (5) The amount of self-liquidating debt and subsidized
15 debt properly excluded and concurrently excludable from each
16 respective category being computed.
17 (6) The amount of surplus cash not specifically
18 appropriated to any purpose and available for the payment of
19 the principal amount of debt, but if this deduction is
20 claimed, the amount so claimed may not thereafter be
21 appropriated to any purpose except the payment of debt.
22 (7) All other solvent debts due the local government
23 unit directly, the payment of which can be enforced as one of
24 the unit's quick assets, and which have not been committed to
25 any other purpose.
26 (8) The amount of any insurance coverage indemnifying
27 the local government unit against any outstanding liability
28 to the extent the liability is debt.
29 (c) Priority of applying exclusions.--In determining net
30 nonelectoral debt, the amounts claimed under subsection (b)(8)
19930S0838B0911 - 176 -
1 shall be exclusively applicable to nonelectoral debt, and
2 subsection (b)(4), (6) and (7) shall be first applied against
3 nonelectoral debt, with any excess being applicable against
4 lease rental debt.
5 (d) Valuation of legal investments.--In computing the value
6 of any funds, all legal investments therein shall be computed at
7 current market values.
8 (e) Use of debt determinations.--The net nonelectoral debt
9 so determined shall be used in determining compliance with the
10 limit imposed by section 8022(a) (relating to nonelectoral
11 debt). The sum of the net nonelectoral debt and the net lease
12 rental debt so determined shall be used in determining
13 compliance with the limit imposed by section 8022(b) (relating
14 to nonelectoral debt plus lease rental debt).
15 § 8029. Determination of debt limits.
16 Whenever it is necessary to determine the limitations on the
17 amount of nonelectoral debt, or nonelectoral debt plus lease
18 rental debt that may be incurred by any local government unit,
19 the appropriate percentage limitations of section 8022 (relating
20 to limitations on incurring of other debt) shall be applied to
21 the borrowing base of the local government unit. The certificate
22 as to the borrowing base shall be made a part of all proceedings
23 for the sale of bonds or notes, for the guaranty of authority
24 obligations or for the incurring of lease rental debt and a copy
25 shall be filed with the department as a part of all proceedings
26 required to be filed for its approval. The borrowing base set
27 forth in the certificate and a similar certificate as to net
28 nonelectoral debt or net lease rental debt outstanding shall be
29 conclusive as to the respective figures for the purposes of this
30 subpart, upon the approval of the proceedings by the department,
19930S0838B0911 - 177 -
1 unless contested within the specified time limits as provided in
2 this subpart.
3 SUBCHAPTER C
4 PROCEDURE FOR SECURING APPROVAL OF ELECTORS
5 Sec.
6 8041. Desire resolution and expense of certain elections.
7 8042. Advertisement of election.
8 8043. Conduct of election.
9 8044. Finality of result of election.
10 8045. Effect of defeat of question.
11 8046. Issuance of bonds, notes or other instruments to evidence
12 electoral debt.
13 8047. Cancellation or termination of approval of electors.
14 8048. Limitation on use of proceeds of electoral debt.
15 8049. Manner of changing purpose of electoral debt.
16 § 8041. Desire resolution and expense of certain elections.
17 (a) Resolution.--Whenever the governing body of any local
18 government unit shall determine that it is advisable to make an
19 increase in the debt of the local government unit with the
20 assent of the electors, or to obtain the assent of the electors
21 to transfer any debt previously incurred without the approval of
22 the electors to electoral debt, it shall adopt a resolution
23 signifying that determination, calling an election for the
24 purpose of obtaining the assent and approving the content and
25 substantial form of notice of election.
26 (b) Date of election.--The date fixed shall be that of a
27 municipal, general, primary or special election for other
28 purposes, but if the date of the nearest of the elections is
29 more than 90 or less than 30 days from the effective date of the
30 desire resolution, the governing body may fix a date for a
19930S0838B0911 - 178 -
1 special election.
2 (c) Payment of expense of special election.--In the case of
3 a special election to increase debt not held concurrently with
4 an election for other purposes, the expense of holding the
5 election shall be paid by the local government unit for whose
6 benefit it is held.
7 § 8042. Advertisement of election.
8 (a) General rule.--Notice of the election shall be given in
9 one but not more than two newspapers of general circulation in
10 the local government unit and in the legal journal, if any,
11 designated by the rules of court of the county in which the
12 local government unit is located for the publication of legal
13 notices and advertisements. If only newspaper publication is
14 done, the notice shall be published three times at intervals of
15 not less than three days, but if published in a weekly newspaper
16 and in the legal journal, it shall be published only twice, once
17 a week for two successive weeks. The first publication in at
18 least one newspaper shall be not less than 14 nor more than 21
19 days before the election, but all publications shall be after
20 the effective date of the resolution and need not be upon the
21 same dates in different newspapers.
22 (b) Content of election notice.--The election notice shall
23 contain and state:
24 (1) The date upon which the election is to be held.
25 (2) The estimated amount of the debt to be incurred or
26 to be approved by the electors if already incurred.
27 (3) The project for which the debt will be or was
28 incurred.
29 (4) The estimated cost of the project.
30 (5) The question to be submitted to the electors at the
19930S0838B0911 - 179 -
1 election, which shall be substantially in the following
2 appropriate form:
3 Shall debt in the sum of (insert amount) dollars
4 for the purpose of financing (insert brief
5 description of project) be (authorized to be incurred
6 as) (transferred from nonelectoral debt to) debt
7 approved by the electors?
8 § 8043. Conduct of election.
9 (a) Certification of resolution and question.--The governing
10 body, at least 45 days before any election called pursuant to
11 section 8041 (relating to desire resolution and expense of
12 certain elections) shall cause to be certified to the county
13 board of elections of each county in which the election is to be
14 held a copy of the desire resolution and the form of the
15 question to be submitted to the electors.
16 (b) Regulation of election.--An election called pursuant to
17 section 8041 shall be held at the place, during the hours and
18 under the same regulations as provided by law for the holding of
19 municipal elections. In receiving, counting and making returns
20 of the votes cast, the inspectors, judges and clerks of the
21 election shall be governed by the act of June 3, 1937 (P.L.1333,
22 No.320), known as the Pennsylvania Election Code.
23 (c) Qualification of electors.--At the elections, only
24 qualified electors of the local government unit, the debt of
25 which is to be increased or approved by the electors may vote.
26 (d) Election returns.--The election officers and clerks
27 shall make return on forms provided by the county board of
28 elections of the votes cast on the question to the county board
29 of elections. The county board of elections shall compute the
30 vote and transmit a certified return thereof to the governing
19930S0838B0911 - 180 -
1 body of the local government unit, which shall enter the same on
2 its minutes. If the certified return shows that a majority of
3 those voting on the question have voted in favor thereof,
4 irrespective of any other statute requiring a greater
5 percentage, the local government unit shall file with the
6 department a certified copy of the desire resolution, the
7 certified return and proofs of publication of the notice of
8 election, whereupon the amount of the debt so approved shall
9 constitute electoral debt from the date of the election, subject
10 to the provisions of section 8044 (relating to finality of
11 result of election).
12 § 8044. Finality of result of election.
13 Any interested party or any taxpayer may contest the validity
14 of any election proceedings under this subchapter by filing with
15 the court a complaint in equity, specifically alleging any
16 errors complained of in the proceedings, and the petitioner
17 shall have the burden of proof. If no complaint has been filed
18 or if a complaint has been filed and has been finally dismissed,
19 the election shall be conclusively deemed to be valid. If, prior
20 to the timely filing of a complaint, further proceedings in
21 connection with the incurring of the debt have been filed with
22 the department, then any contest shall proceed by way of an
23 appeal from the action of the department upon the proceedings.
24 The petition or appeal provided by this section shall be the
25 party's or the taxpayer's sole and exclusive remedies.
26 § 8045. Effect of defeat of question.
27 If at the election the question is defeated, another election
28 for the same purpose may not be held until 155 days have elapsed
29 since the prior election. During the interim no bonds or notes
30 may be issued and no lease rental debt may be incurred for such
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1 purpose, except that nonelectoral or lease rental debt may be
2 incurred if required to complete projects already under
3 construction, to finance a different portion or portions of a
4 capital budget or to evidence debt incurred for purposes and
5 pursuant to a court approval obtained in accordance with section
6 8022(e) (relating to emergency debt).
7 § 8046. Issuance of bonds, notes or other instruments to
8 evidence electoral debt.
9 If, at the election, the question is approved, the governing
10 body shall issue bonds or notes as electoral debt as obligations
11 of the local government unit or shall authorize execution and
12 delivery of an instrument which, but for the electoral approval,
13 would evidence lease rental debt at the times and evidencing the
14 amounts of obligations not exceeding in the aggregate the
15 estimated amount approved by the electors, subject to the
16 provisions of Subchapter C of Chapter 81 (relating to provisions
17 of bonds and notes). The bonds, notes or obligations shall
18 continue for such term as may have been stated in the notice of
19 election or, if none was stated, for the term the governing body
20 determines. The initial series may be of bond anticipation notes
21 or of notes to be refunded by a bond issue. If the governing
22 body determines it advisable, the initial series of bonds or
23 notes constituting a part of the issue may be for a shorter term
24 of years, with the maturity of subsequent series stated to
25 mature later than the last stated maturity of the preceding
26 series for the same project. This subchapter shall not preclude
27 the issue of additional nonelectoral debt or lease rental debt
28 to complete the project or the issue of additional electoral
29 debt for that purpose if authorized by a subsequent election.
30 § 8047. Cancellation or termination of approval of electors.
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1 (a) Lapse of time.--On the tenth anniversary of the date on
2 which an assent of the electors obtained under this subpart
3 became final, the authority to issue any or any further bonds or
4 notes, other than as nonelectoral debt or lease rental debt
5 subject to the limitations imposed by this subpart, shall
6 terminate.
7 (b) Resolution of governing body.--The governing body of any
8 local government unit may by resolution, without the assent of
9 the electors, rescind or cancel, in whole or in part, the
10 authorization to incur electoral debt for any reason stated in
11 the resolution, and thereupon the assent of the electors shall
12 be of no further effect. A certified copy of the resolution with
13 proof of the due publication thereof shall be filed with the
14 department.
15 § 8048. Limitation on use of proceeds of electoral debt.
16 Where bonds or notes have been issued pursuant to an assent
17 of the electors given under this subpart, the proceeds thereof
18 shall be kept in a separate account and shall be invested and
19 used only for the cost, including the retirement of notes
20 previously issued for the same project with the proceeds of
21 bonds, of the project for which the assent was obtained unless
22 such purpose is changed as provided in this subpart. Otherwise,
23 the proceeds shall be kept invested and used for the retirement
24 at maturity, or earlier call date, of the fifth or any
25 subsequent stated maturity of the relevant series of bonds or
26 notes, unless the proceeds were previously used to purchase the
27 bonds or notes in the open market or upon tenders at prices not
28 exceeding the principal amount thereof plus accrued and unpaid
29 interest to the date of purchase.
30 § 8049. Manner of changing purpose of electoral debt.
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1 If the governing body determines it to be advisable either
2 before or after the issue of bonds or notes to use the proceeds,
3 or any part thereof, of bonds or notes evidencing electoral debt
4 for any purpose other than the project approved by the electors
5 or the payment or prior redemption or purchase of bonds or notes
6 evidencing debt incurred for the project, the governing body
7 shall by resolution express its desire to do so, specifying the
8 project for which the funds are proposed to be used, and shall
9 provide for an election to be held in like manner, time and
10 place as provided in this subchapter for elections to secure the
11 assent of the electors to the increase of debt, except that the
12 notice of the election shall state:
13 (1) The date on which such election is to be held.
14 (2) The date and amount of money theretofore borrowed
15 and the project for which borrowed.
16 (3) The amount of money remaining unused.
17 (4) The new purpose for which the local government unit
18 desires to make use of the money.
19 (5) The reason why the money is not being used for the
20 purpose for which it was borrowed.
21 (6) The question to be submitted to the electors, which
22 shall be substantially in the following form:
23 Shall the sum of (insert amount) dollars heretofore
24 borrowed or authorized to be borrowed by this local
25 government unit for the purpose of (state purpose) be
26 used for the purpose of (state purpose)?
27 The election shall be conducted, return made thereon, notices of
28 election published and certificates filed and recorded as
29 provided in section 8043 (relating to conduct of election). If
30 it appears that a majority of those voting on the question have
19930S0838B0911 - 184 -
1 voted in favor of using the funds for the changed purpose,
2 irrespective of any other statute requiring a greater
3 percentage, the funds specified may be used for the changed
4 purpose.
5 CHAPTER 81
6 INCURRING DEBT AND ISSUING BONDS AND NOTES
7 Subchapter
8 A. General Provisions
9 B. Tax Anticipation Notes and Funding Debt
10 C. Provisions of Bonds and Notes
11 D. Sale of Bonds and Notes
12 SUBCHAPTER A
13 GENERAL PROVISIONS
14 Sec.
15 8101. Combining projects for financing or series of bonds
16 or notes for sale.
17 8102. Preliminary authorizations as to financing.
18 8103. Ordinance authorizing issuance of documents evidencing
19 lease rental debt.
20 8104. Covenant to pay bonds or notes or a guaranty.
21 8105. Additional provisions in ordinance authorizing issuance
22 of revenue or guaranteed revenue bonds or notes.
23 8106. Sinking fund depository and trustee for bondholders
24 or noteholders.
25 8107. Award of bonds or notes.
26 8108. Bond anticipation notes.
27 8109. Small borrowing for capital purposes.
28 8110. Debt statement.
29 8111. Submission to department.
30 8112. Agreements with bondholders or noteholders.
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1 8113. Lost, stolen, destroyed or mutilated bonds or notes.
2 8114. Evidence of signatures of holders and of ownership of
3 bonds, notes and tax anticipation notes.
4 8115. Contractual effect of ordinances and resolutions.
5 § 8101. Combining projects for financing or series of bonds or
6 notes for sale.
7 The governing body of a local government unit may by
8 ordinance take any of the following actions in connection with
9 the issuance of bonds or notes or the authorization of the
10 instrument creating lease rental debt:
11 (1) In lieu of combining two or more items or elements
12 permitted to be combined under the definition of project in
13 section 8002 (relating to definitions) as a single project,
14 designate any one or more of the items or elements as a
15 project and combine the projects for financing purposes by
16 one series of bonds or notes. If the series of bonds or notes
17 are revenue bonds or notes, all projects so combined shall be
18 revenue producing projects, all or a portion of the rates,
19 rentals, receipts, tolls and charges may be combined, common
20 reserve funds may be created and common or cross covenants
21 may be made in respect of each project.
22 (2) Offer for simultaneous sale under separate or
23 combined bids any two or more series of bonds or notes of any
24 type.
25 (3) Provide for the financing of a project or projects
26 by the issuance, either simultaneously or in succession, of
27 any combination of instruments evidencing debt applicable to
28 the project or projects and authorized by this subpart.
29 Any ordinance required by this section may be included in any
30 authorizing ordinance required by section 8103 (relating to
19930S0838B0911 - 186 -
1 ordinance authorizing issuance of documents evidencing lease
2 rental debt).
3 § 8102. Preliminary authorizations as to financing.
4 The governing body of a local government unit may express its
5 intent to evidence debt as electoral debt, nonelectoral debt or
6 lease rental debt. Action may be taken either by resolution,
7 which may also provide for the submission of proposals to
8 purchase any bonds or notes, or by ordinance. But neither bonds
9 or notes nor lease, guaranty, subsidy contract or other
10 agreement evidencing lease rental debt shall be authorized other
11 than by the enactment of any ordinances required by this
12 subchapter or, in the case of notes issued under section 8109
13 (relating to small borrowing for capital purposes), other than
14 by adoption of the resolution required under section 8109.
15 § 8103. Ordinance authorizing issuance of documents evidencing
16 lease rental debt.
17 (a) General rule.--The ordinance or ordinances or, in the
18 case of notes issued under section 8109 (relating to small
19 borrowing for capital purposes), the resolution authorizing the
20 issuance of bonds or notes or the execution of a lease,
21 guaranty, subsidy contract or other agreement evidencing lease
22 rental debt by a local government unit shall contain, in
23 substance:
24 (1) In all cases, including lease rental debt, the
25 following:
26 (i) A brief description of the project for which the
27 debt is to be incurred and, if a capital project, a
28 realistic estimated useful life thereof.
29 (ii) A statement of the aggregate principal amount
30 of bonds or notes proposed to be issued pursuant to the
19930S0838B0911 - 187 -
1 ordinance or, as the case may be, to be secured by the
2 instrument evidencing lease rental debt.
3 (iii) A statement whether the debt is to be incurred
4 as electoral debt, nonelectoral debt or lease rental
5 debt.
6 (iv) An authorization and direction to one or more
7 specified officers and their successors to prepare and
8 certify and, except in the case of notes issued under
9 section 8109, to file the debt statement required by
10 section 8110 (relating to debt statement), to execute and
11 deliver the bonds or notes or the instrument evidencing
12 lease rental debt and to take other necessary action.
13 This designation may be changed from time to time
14 thereafter.
15 (v) In the case of nonelectoral or lease rental debt
16 which is subject to exclusion as subsidized debt or self-
17 liquidating debt if the exclusion is presently desired,
18 an authorization to the proper officers of the local
19 government unit to prepare and file any statements
20 required by Subchapter B of Chapter 80 (relating to
21 limitations on debt of local government units) which are
22 necessary to qualify all or any portion of the debt for
23 exclusion from the appropriate debt limit as self-
24 liquidating debt or subsidized debt.
25 (2) In every case except that of lease rental debt, the
26 following:
27 (i) A statement whether the bonds or notes when
28 issued will be general obligation bonds or notes,
29 guaranteed revenue bonds or notes or revenue bonds or
30 notes.
19930S0838B0911 - 188 -
1 (ii) The covenant required by section 8104 (relating
2 to covenant to pay bonds or notes or a guaranty) if the
3 bonds or notes when issued will be general obligation
4 bonds or notes or guaranteed revenue bonds or notes and
5 the pledge of specific rents, revenues or receipts, if
6 the bonds or notes when issued will be guaranteed revenue
7 bonds or revenue bonds, and if limited guaranteed revenue
8 bonds or notes, a statement of the limitations on the
9 guaranty.
10 (iii) The substantial form of the bonds or notes to
11 be issued, including the substantial form of any coupon
12 or authentication certificate.
13 (iv) A schedule of stated principal maturity or
14 mandatory redemption amounts and dates, the rate or rates
15 of interest and interest payment dates, places of
16 payment, and, if desired, provisions for prior
17 redemption, including call dates and call prices, all of
18 which shall conform with Subchapter C (relating to
19 provision of bonds and notes).
20 (v) A statement of the manner in which the bonds or
21 notes are to be or have been sold and, if to be sold at
22 public sale, the matters required or permitted by
23 Subchapter D (relating to sale of bonds and notes) or, if
24 to be sold at negotiated sale, there may be included the
25 matters required or permitted by section 8107 (relating
26 to award of bonds or notes).
27 (vi) Except in the case of notes issued under
28 section 8109, a covenant creating the sinking fund
29 required by Subchapter B of Chapter 82 (relating to
30 sinking funds and other funds and accounts).
19930S0838B0911 - 189 -
1 (vii) A statement of any tax or taxes the payment of
2 which is assumed by the local government unit in
3 consideration of the purchase of the bonds or notes and,
4 if desired, authorization for the purchase of bond
5 insurance.
6 (viii) The authorization to the proper officials of
7 the local government unit to contract with one or more
8 banks or bank and trust companies for services as
9 trustee, fiscal agent, sinking fund depository or paying
10 agent, and to contract with any additional copaying
11 agents desired, but compliance with this subparagraph
12 shall not be required in the case of notes issued under
13 section 8109.
14 (3) In the case of lease rental debt, the authorization
15 to the proper officials of the local government unit to
16 execute and deliver a lease, guaranty, subsidy contract or
17 other agreement, the annual or semiannual rental or payment
18 to be paid thereunder, any sources of payment and, in the
19 case of a guaranty, the covenant required by section 8104.
20 (4) In the case of revenue or guaranteed revenue bonds
21 or notes, the inclusion of the matters set forth in sections
22 8105 (relating to additional provisions in ordinance
23 authorizing issuance of revenue or guaranteed revenue bonds
24 or notes), 8146 (relating to pledge of revenues) and 8147
25 (relating to deeds of trust and other agreements with
26 bondholders and noteholders).
27 (b) Date of incurring nonelectoral and lease rental debt.--
28 The nonelectoral debt evidenced by the issuance of bonds or
29 notes or the lease rental debt evidenced by the execution of a
30 lease, guaranty, subsidy contract or other agreement shall be
19930S0838B0911 - 190 -
1 deemed to have been incurred upon the final enactment of the
2 ordinance required by this section or, in the case of small
3 borrowings, upon final adoption of the resolution required by
4 section 8109. Electoral debt is incurred when the assent of the
5 electors has been given.
6 (c) Change in purpose of nonelectoral general obligation
7 debt.--In the case of nonelectoral general obligation debt, the
8 purpose may be changed by similar action at any time.
9 § 8104. Covenant to pay bonds or notes or a guaranty.
10 (a) General rule.--The local government unit shall, in the
11 ordinance authorizing the issue of bonds or notes or a guaranty
12 or in such bonds or notes, or in the trust indenture securing
13 the same, or in the instrument of guaranty, covenant with the
14 holders from time to time of the bonds or notes or guaranteed
15 bonds or notes, and of the coupons thereto appertaining, that
16 the local government unit shall do the following:
17 (1) Include the amount of the debt service, or the
18 amounts payable in respect of its guaranty, in each case
19 specified in the covenant, for each fiscal year in which the
20 sums are payable in its budget for that year.
21 (2) Appropriate those amounts from its general or
22 specially pledged revenues, as the case may be, for the
23 payment of the debt service or guaranty.
24 (3) Duly and punctually pay or cause to be paid from its
25 sinking fund or any other of its revenues or funds the
26 principal of and interest on every bond or note or, to the
27 extent of its obligation, the amount payable in respect of
28 the guaranty, at the dates and places and in the manner
29 stated in the bonds and in the coupons thereto appertaining
30 or in the guaranty, according to the true intent and meaning
19930S0838B0911 - 191 -
1 thereof.
2 (b) Obligation of government unit.--For budgeting,
3 appropriation and payment in respect of its general obligation
4 bonds or notes, its guaranteed revenue bonds or notes or its
5 guaranty of the bonds or notes of an authority or other local
6 government unit, the local government unit shall pledge its full
7 faith, credit and taxing power unless a guaranty is limited to
8 specified revenues of the guarantor. Nothing in the covenant
9 shall obligate the local government unit to budget, appropriate
10 or make any payments on limited guaranteed revenue bonds or on a
11 limited guaranty of bonds or notes of any authority or other
12 local government unit beyond the stated terms of its guaranty.
13 The covenant shall be specifically enforceable. This section
14 does not give any local government unit any taxing power not
15 granted by another provision of law.
16 § 8105. Additional provisions in ordinance authorizing issuance
17 of revenue or guaranteed revenue bonds or notes.
18 In addition to the provisions required or permitted by
19 sections 8103 (relating to ordinance authorizing issuance of
20 documents evidencing lease rental debt), 8146 (relating to
21 pledge of revenues) and 8147 (relating to deeds of trust and
22 other agreements with bondholders and noteholders), the
23 ordinance authorizing the issuance of revenue bonds or notes or
24 guaranteed revenue bonds or notes may also contain the
25 following:
26 (1) Covenants or provisions with respect to the
27 collection, custody, investment and disbursement of rents,
28 revenues, rates and charges for the use of the project as may
29 be desired.
30 (2) Covenants as to the fixing and collection of rents,
19930S0838B0911 - 192 -
1 rates and charges for the use of the project as may be
2 desired and deemed necessary for the lawful security of the
3 holders of the bonds or notes, except that no covenant and no
4 agreement with the holders of bonds or notes shall require an
5 increase in the rents, rates, rolls and charges to a level
6 which, in the opinion of the registered professional engineer
7 advising the local government unit, will result in a decrease
8 in gross revenues over what would have been received at a
9 somewhat lower rate level.
10 (3) Provisions granting a security interest in the
11 rents, revenues, rates, tolls and charges for the security
12 and benefit of the holders of the notes, bonds and coupons.
13 (4) Provisions creating such reserve funds or accounts
14 as deemed desirable for the future security of the notes,
15 bonds and coupons and requiring the observance of such
16 covenants on the part of the local government unit deemed
17 necessary or desirable for the protection of the holders of
18 the notes, bonds and coupons or for the maintenance and
19 preservation of the project.
20 (5) Authorization to the proper officers of the local
21 government unit to execute and deliver any trust indenture
22 containing any other, further and lawful provisions desired.
23 § 8106. Sinking fund depository and trustee for bondholders or
24 noteholders.
25 (a) General rule.--Every local government unit issuing bonds
26 or notes other than notes issued under section 8109 (relating to
27 small borrowing for capital purposes) shall appoint a sinking
28 fund depository which may also serve as paying agent for the
29 bonds or notes. The sinking fund depository shall be a bank or
30 bank and trust company authorized to do business in this
19930S0838B0911 - 193 -
1 Commonwealth and may serve as one for one or more series of
2 bonds or notes. Funds, which may include interest accrued and to
3 accrue on lawful investments, in an amount sufficient for the
4 payment of the principal of, and the interest on, the bonds or
5 notes shall be deposited with the sinking fund depository not
6 later than the date fixed for the disbursement thereof, unless
7 the ordinance authorizing the issuance of the bonds or notes
8 requires that the deposits be made on an earlier date or on
9 earlier dates.
10 (b) Fiscal agent or trustee.--If the ordinance authorizing
11 the issuance of the bonds or notes provides for a fiscal agent,
12 or authorizes the execution of a trust indenture appointing a
13 trustee, the fiscal agent or trustee shall also be the sinking
14 fund depository.
15 (c) Remedy for failure to make deposit.--If the local
16 government unit shall fail or refuse to make any required
17 deposit in the sinking fund, the sinking fund depository, the
18 fiscal agent or the trustee, as the case may be, may and, upon
19 request of the holders of 25% in principal amount of the
20 outstanding notes and bonds and upon being indemnified against
21 cost and expense, shall exercise any remedy provided in this
22 subpart or at law or in equity, for the equal and ratable
23 benefit of the holders of the outstanding notes, bonds and
24 coupons, and shall disburse all funds so collected equally and
25 ratably to the holders of the notes, bonds and coupons as
26 provided in the ordinance authorizing the bonds, subject to any
27 limitations contained in Subchapter D of Chapter 82 (relating to
28 remedies).
29 § 8107. Award of bonds or notes.
30 When an acceptable proposal for the purchase of the bonds or
19930S0838B0911 - 194 -
1 notes, or any part thereof offered separately, has been received
2 and is in conformity with the terms of the official invitation
3 for proposals or is an acceptable proposal at a negotiated or
4 invited sale, and is in compliance with the provisions of this
5 subpart, it may be accepted by resolution or by ordinance. If
6 the acceptance is made by resolution, the acceptance shall be
7 conditional upon compliance with section 8103 (relating to
8 ordinance authorizing issuance of documents evidencing lease
9 rental debt). If the acceptance is made by ordinance, the
10 ordinance shall also fix any details of the series of bonds or
11 notes being sold, not fixed by prior ordinance, and award the
12 bonds or notes, or those which have been sold, to specified
13 purchasers at prices specified in the ordinance. These
14 provisions may be included in the ordinance adopted pursuant to
15 section 8103. Notwithstanding any other provision of this
16 subpart or of any other statute, as between the local government
17 unit and the purchasers, an awarding resolution or ordinance
18 shall be effective upon its final adoption or enactment by the
19 governing body. The advertisement of the ordinance prior to
20 enactment shall be sufficient if it describes the items to be
21 completed from the proposal.
22 § 8108. Bond anticipation notes.
23 (a) Issuance.--The governing body may evidence all or part
24 of any electoral or nonelectoral debt by the issue of a series
25 of bond anticipation notes. These notes shall be payable by
26 exchange for, or out of the proceeds of, the sale of a
27 designated series of bonds referred to in the bond anticipation
28 notes. The reference to the bonds shall specify a maximum rate
29 of interest to be borne by the series of bonds and provide that
30 the series shall be offered for sale but, if no proposals are
19930S0838B0911 - 195 -
1 received, the sole remedy of the holders of the bond
2 anticipation notes shall be either to accept the bonds at the
3 specified maximum interest rate, or to extend the maturity of
4 the bond anticipation notes for one or more specified additional
5 periods of not less than six months each during which time
6 additional offers of the bonds may be made.
7 (b) Procedure.--Bond anticipation notes may be authorized,
8 issued and sold in the same manner as the bonds in anticipation
9 whereof the notes are being issued and principal amounts thereof
10 shall be retired in accordance with the specified stated
11 maturity dates of the bonds occurring prior to the refunding of
12 the notes.
13 § 8109. Small borrowing for capital purposes.
14 (a) General rule.--Any local government unit may incur debt
15 by resolution rather than by ordinance to be evidenced by notes
16 to provide funds for a project as defined in this subpart
17 without complying with the requirements of Subchapter A of
18 Chapter 82 (relating to Department of Community Affairs) if:
19 (1) The aggregate amount of the debt outstanding at any
20 one time shall not exceed the lesser of $100,000 or 30% of
21 the borrowing base.
22 (2) The principal of each debt shall mature not later
23 than five years from the date of issuance.
24 (3) The incurrence of the debt shall not cause the debt
25 limits of Subchapter B of Chapter 80 (relating to limitations
26 on debt or local government units) to be exceeded.
27 (4) The provisions of section 10 of Article IX of the
28 Constitution of Pennsylvania shall have been observed.
29 (5) The provisions of section 8208 (relating to
30 invalidity of instruments which are delivered without
19930S0838B0911 - 196 -
1 compliance with requirements or conditions precedent to
2 issuance or delivery) shall apply to notes issued in
3 violation of the requirements of this subsection.
4 (b) Applicability of other provisions.--Except as otherwise
5 specifically stated in this section or in Subchapters A
6 (relating to general provisions), C (relating to provisions of
7 bonds and notes) and D (relating to sale of bonds and notes),
8 the provisions of Subchapter A applicable to ordinances
9 authorizing general obligation bonds or notes and the provisions
10 of Subchapters C and D applicable to general obligation bonds or
11 notes shall apply, respectively, to resolutions authorizing
12 notes and to the notes authorized under this section.
13 (c) Sale of notes.--Notes authorized under this section may
14 be sold, without formal documents of sale, by delivery of the
15 notes upon receipt of the purchase price, or at the option of
16 the local government unit, they may be sold in compliance with
17 section 8107 (relating to award of bonds or notes) in which
18 event the term "ordinance" in section 8107 shall have reference
19 to the authorizing resolution required by this section.
20 (d) Refunding notes.--Refunding notes may be issued in
21 compliance with this section and with the provisions of
22 Subchapter C of Chapter 82 (relating to refunding of debt) for
23 the purpose of refunding notes previously issued under this
24 section provided that the maturity of the refunding notes shall
25 not extend beyond five years from the date of issuance of the
26 notes originally evidencing the debt refunded.
27 § 8110. Debt statement.
28 (a) General rule.--Before delivering any general obligation
29 bonds or notes or guaranteed revenue bonds or notes constituting
30 nonelectoral debt or before executing an instrument evidencing
19930S0838B0911 - 197 -
1 lease rental debt, the officer or officers of a local government
2 unit shall prepare and verify under oath a debt statement as of
3 a date not more than 60 days before the filing with the
4 department or, in the case of notes issued under section 8109
5 (relating to small borrowing for capital purposes), before the
6 final adoption of the resolution authorizing their issue,
7 showing:
8 (1) The gross indebtedness of the local government unit
9 giving prospective effect to the provisions of section
10 8250(b) (relating to when obligations no longer deemed
11 outstanding) if debt is to be refunded.
12 (2) By items, the claimed credits and exclusions from
13 the gross indebtedness permitted by this subpart in
14 determining net debt.
15 (3) The aggregate principal amount of the bonds or notes
16 being issued or evidencing lease rental debt.
17 (4) The borrowing base of the local government unit as
18 shown by an appended borrowing base certificate.
19 (5) The applicable nonelectoral debt limit and the limit
20 for nonelectoral plus lease rental debt computed as provided
21 in this subpart.
22 (6) In the case of a refunding, the principal amount of
23 bonds or notes which will no longer be deemed to be
24 outstanding pursuant to section 8250(b) after settlement of
25 the issue.
26 (b) Previously excluded self-liquidating or subsidized
27 debt.--Where debt has previously been excluded as self-
28 liquidating or subsidized debt, the debt statement shall be
29 accompanied by a certification that no decrease in the amounts
30 to be excluded is required by any change of circumstances or, if
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1 there has been a change, other than decreases resulting from the
2 payments of bonds or notes, so that less debt is to be excluded.
3 If it has become possible to exclude a greater amount of debt,
4 and the local government unit desires to do so, the debt
5 statement shall be accompanied by appropriate certificates
6 supporting the revised amount to be excluded, and a revised
7 approval shall be obtained from the department.
8 § 8111. Submission to department.
9 (a) General rule.--Before delivering any bonds or notes
10 other than notes representing small borrowings issued under
11 section 8109 (relating to small borrowing for capital purposes),
12 the local government unit shall apply for and receive or be
13 deemed to have received the approval of the department under
14 section 8204 (relating to certificate of approval of transcript)
15 or 8206 (relating to effect of failure of timely action by
16 department). The application, in such form as the department
17 prescribes, shall be accompanied by a transcript of the
18 proceedings consisting of certified copies of any of the
19 following, not previously filed, which are applicable:
20 (1) The ordinance calling the election in the case of
21 electoral debt with proofs of all proper advertisements.
22 (2) The return of election.
23 (3) The ordinance or ordinances authorizing the bonds or
24 notes with proofs of proper publication.
25 (4) The accepted proposal for the purchase of the bonds
26 or notes.
27 (5) The ordinance or resolution awarding the bonds or
28 notes with proofs of proper publication of the ordinance.
29 (6) The debt statement if required by section 8110
30 (relating to debt statement) prepared pursuant thereto.
19930S0838B0911 - 199 -
1 (7) Any certificates and proofs that may be necessary
2 for the exclusion of any portion of the series proposed to be
3 delivered or any prior series as self-liquidating debt or
4 subsidized debt if the exclusion is desired by the local
5 government unit.
6 (b) Lease rental debt submissions.--Before becoming bound on
7 any lease, guaranty, subsidy contract or other agreement
8 evidencing lease rental debt, a local government unit shall
9 apply for and receive or be deemed to have received the approval
10 of the department under section 8204 or 8206. The application,
11 in a form the department prescribes, shall be accompanied by
12 certified copies of the following:
13 (1) The ordinance authorizing the execution of the
14 lease, guaranty, subsidy contract or other agreement with
15 proofs of proper publication.
16 (2) The debt statement prepared pursuant to section
17 8110.
18 (c) Validity of lease rental debt agreements.--No lease,
19 guaranty, subsidy contract or other agreement evidencing lease
20 rental debt executed and delivered after July 12, 1972, and
21 prior to the approval pursuant to section 8204 or 8206 of the
22 department shall be valid or obligatory. Except as reference is
23 made in this subpart to lease rental debt, this subpart shall
24 have no application to the authorization, issue or sale of its
25 obligations by any authority.
26 (d) Number of counterparts.--The application may be made in
27 as many counterparts as desired. The department, if it approves
28 the application, shall return all counterparts, except one, with
29 its certificate of approval appended to each.
30 § 8112. Agreements with bondholders or noteholders.
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1 Except as otherwise specified in this subpart, a local
2 government unit may enter into and perform contracts with the
3 holders of its bonds or notes binding upon the original
4 purchasers and their respective transferees placing greater
5 reasonable and lawful restrictions on the local government unit
6 or on the action of individual holders of bonds or notes than
7 are provided in this subpart, but no additional agreement
8 restricting the action of a holder of a bond or note shall be
9 binding upon a remote holder of a bond or note unless the
10 substance of the agreement is set forth in the text of the bond
11 or note, or set forth in a bond resolution or indenture of trust
12 which is kept available in one or more designated public offices
13 and to all of which a reference is made in the text of the bond
14 or note.
15 § 8113. Lost, stolen, destroyed or mutilated bonds or notes.
16 (a) General rule.--If any temporary or definitive bond or
17 note, including any tax anticipation note, lawfully issued under
18 this subpart or under applicable law prior to July 12, 1972,
19 becomes mutilated or is destroyed, stolen or lost, the local
20 government unit shall execute, and any sinking fund depository,
21 fiscal agent or trustee for bondholders shall, if required,
22 authenticate and deliver a new bond or note, with appropriate
23 coupons attached in the case of a bond or note in coupon form,
24 of like series and principal amount as the bond or note and
25 attached coupons, if any, so mutilated, destroyed, stolen or
26 lost, upon surrender and cancellation of the mutilated bond or
27 note and attached coupons, if any, or in lieu of and in
28 substitution for the bond or note and coupons, if any,
29 destroyed, stolen or lost.
30 (b) Procedure.--The local government unit shall proceed as
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1 required under subsection (a) upon filing with the local
2 government unit or, if so provided in the bond ordinance, with
3 the sinking fund depository, fiscal agent or trustee, evidence
4 satisfactory to it that the bond or note and attached coupons,
5 if any, have been destroyed, stolen or lost and proof of
6 ownership thereof and upon furnishing of satisfactory indemnity
7 and complying with such other reasonable regulations as the
8 local government unit shall prescribe, and paying any reasonable
9 expenses, including counsel fees, as the local government unit
10 or the sinking fund depository, fiscal agent or trustee may
11 incur. Mutilated bonds or notes and appurtenant coupons, if any,
12 surrendered shall be canceled.
13 (c) Status of replacement bonds and notes.--The new bonds or
14 notes and coupons, if any, so issued shall be independent
15 obligations and all limitations and debt limits shall be deemed
16 increased to the extent necessary to validate the new bonds or
17 notes and any appurtenant coupons.
18 § 8114. Evidence of signatures of holders and of ownership of
19 bonds, notes and tax anticipation notes.
20 Any request, consent or other instrument which may be
21 required or permitted to be executed by the holders of bonds or
22 notes, including tax anticipation notes, may be in one or more
23 instruments of similar tenor and shall be signed or executed by
24 the holders in person or by their attorneys appointed in
25 writing. Proof of the execution of the instrument, or of an
26 instrument appointing any such attorney, or the holding by any
27 person of bonds or notes or coupons appertaining thereto, shall
28 be sufficient for the purposes of this subpart and any
29 proceeding thereunder if made in the following manner:
30 (1) The certificate shall state that the person or
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1 persons signing the instrument were known to be such persons
2 by the individual certifying and that the person or persons
3 acknowledged the execution of the instrument as his or their
4 act. The authority of an attorney or agent may be proven by
5 like statement of the principal acknowledged in a like
6 manner, but a certificate as to authority shall not be
7 necessary if an instrument is executed on behalf of a
8 corporate holder of bonds, notes or coupons by a person
9 purporting to be the president or a vice president of the
10 corporation with the corporate seal affixed and attested by a
11 person purporting to be its secretary or an assistant
12 secretary. The fact and date of the execution by the holder
13 of any bond, note or coupon, or the attorney thereof, of any
14 instrument may be proved by the certificate, which, except as
15 provided in this section, need not be acknowledged or
16 verified, of any of the following:
17 (i) An officer of any bank or bank and trust company
18 which is in this Commonwealth or which has a
19 correspondent in this Commonwealth certifying to the
20 authenticity of its certificate.
21 (ii) An authorized signer for any broker or dealer
22 in securities doing business in this Commonwealth or
23 having a correspondent in this Commonwealth certifying to
24 the authenticity of its certificate.
25 (iii) Any notary public or other officer authorized
26 to take acknowledgments of deeds to be recorded in the
27 state in which he purports to act.
28 (iv) Any other witness to the execution whose
29 certificate must be verified before a notary public or
30 other officer authorized to take acknowledgments of deeds
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1 in the state in which he purports to act.
2 (2) The ownership of fully registered bonds or notes or
3 of notes issued payable to the order of a named person, or
4 bonds or notes registered as to principal, and the amount,
5 number and date of holding them shall be proved by the
6 registry records maintained for the series in question.
7 (3) The amount of bonds or notes transferable by
8 delivery held by any person executing any instrument as the
9 holder of a bond, note or coupon, the number thereof and the
10 date of holding the bond, note or coupon may be proved by a
11 like certificate of any person mentioned in paragraph (1)(i)
12 or (ii) stating that the holder exhibited to the person
13 executing the certificate, or had on deposit with him, the
14 bonds or notes described in the certificate. For purposes of
15 action to be taken by the holders of the bonds, notes or
16 coupons, the holder shall be deemed to continue if he acts
17 for a period of nine months after the date of the proof of
18 holding. Continued ownership after this period shall require
19 a new certificate or shall be taken as continuing if the
20 original certificate contains a statement that the bonds,
21 notes or coupons are on deposit with the signer and an
22 undertaking not to release them, and not to attorn to any new
23 owner, unless the certificate is presented to the depository.
24 (4) Any request, consent or vote of the owner of any
25 bond, note or coupon shall bind all future holders thereof if
26 a notation of the action is placed on the bond, note or
27 coupon, and also, even if not so noted, if notice thereof is
28 given once by publication in a newspaper of general
29 circulation in the county in which the local government unit
30 is located and in a journal of general circulation among
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1 dealers in investment securities.
2 (5) In cases of disputed ownership, and in other cases,
3 in its discretion, a court, a local government unit or
4 trustee or fiscal or paying agent may require further or
5 other proof in cases where it deems it desirable.
6 § 8115. Contractual effect of ordinances and resolutions.
7 Except as otherwise provided in any ordinance or resolution
8 authorizing or awarding bonds or notes or tax anticipation
9 notes, the terms thereof and of this subpart as in effect when
10 the bonds or notes were authorized shall constitute a contract
11 between the local government unit and the holders from time to
12 time of the bonds and notes subject to modification by the vote
13 of a majority of the holders or such larger portion thereof as
14 may be provided in the bond or note.
15 SUBCHAPTER B
16 TAX ANTICIPATION NOTES AND FUNDING DEBT
17 Sec.
18 8121. Power to issue tax anticipation notes.
19 8122. Limitation on amount of tax anticipation notes.
20 8123. Maturity date and time of payment of interest.
21 8124. Other terms of tax anticipation notes.
22 8125. Security for tax anticipation notes and sinking fund.
23 8126. Certification as to taxes and revenues to be collected.
24 8127. Sale of tax anticipation notes.
25 8128. Condition precedent to validity of tax anticipation notes.
26 8129. Scope of unfunded debt.
27 8130. Approval by court to fund unfunded debt.
28 § 8121. Power to issue tax anticipation notes.
29 A local government unit may have power and authority, by
30 resolution of its governing body, to borrow money from time to
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1 time in any fiscal year in anticipation of the receipt of
2 current taxes or current revenues, or both, to evidence the
3 obligation by notes, appropriately designated, and to authorize,
4 issue and sell the notes in the manner, and subject to the
5 limitations provided therefor in this subchapter. References in
6 this subpart to tax anticipation notes include also revenue
7 anticipation notes and tax and revenue anticipation notes.
8 Limitations imposed by this subpart on the incurring of
9 nonelectoral debt shall not apply to the obligations evidenced
10 by tax anticipation notes. The power to borrow from time to time
11 shall include the power to make a single authorization and then
12 issue and sell portions of that amount of authorized notes
13 whenever desired during the fiscal year.
14 § 8122. Limitation on amount of tax anticipation notes.
15 (a) General rule.--No local government unit shall authorize
16 or issue tax anticipation notes in any one fiscal year which in
17 the aggregate shall exceed 85% of:
18 (1) In the case of notes solely payable from and secured
19 by a pledge of taxes, the amount of the taxes levied for the
20 current fiscal year.
21 (2) In the case of notes solely payable from and secured
22 by a pledge of revenues other than tax revenues, the amount
23 of the revenues pledged.
24 (3) In the case of notes payable from and secured by a
25 pledge of taxes and other revenues, the sum of the taxes
26 levied and the revenues pledged.
27 The taxes or revenues or both shall be certified, pursuant to
28 section 8126 (relating to certification as to taxes and revenues
29 to be collected), as remaining to be collected or received in
30 the fiscal year during the period when the notes will be
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1 outstanding. The certificate shall be as of a date not more than
2 30 days prior to, and no later than, the date of the vote on the
3 resolution authorizing the issue and sale of the tax
4 anticipation notes.
5 (b) Computation of notes outstanding.--In computing the
6 aggregate amount of tax anticipation notes outstanding at any
7 given time during the fiscal year for the purpose of the
8 limitation imposed by this section, allowance shall be made for
9 notes that have already been fully paid and for amounts already
10 paid into appropriate sinking funds, if any.
11 § 8123. Maturity date and time of payment of interest.
12 No tax anticipation notes shall be stated to mature beyond
13 the last day of the fiscal year in which the tax anticipation
14 notes are issued. Interest on tax anticipation notes from the
15 date thereof shall be payable at the maturity of the notes or
16 payable in installments at such earlier dates and at such annual
17 rate or rates determined by the governing body of the local
18 government unit.
19 § 8124. Other terms of tax anticipation notes.
20 Tax anticipation notes shall be issued in denominations,
21 shall be subject to rights of prior redemption, shall have
22 privileges of interchange and registration, shall be dated,
23 shall be stated to mature, subject to the provisions of section
24 8123 (relating to maturity date and time of payment of
25 interest), on dates and in amounts, shall be in registered or
26 bearer form with or without coupons, shall be payable in such
27 coin or currency as at the place and at the time of payment is
28 legal tender for the payment of public and private debts and
29 shall be payable at any place or places, one of which shall be
30 in this Commonwealth, all as the governing body of the issuing
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1 local government unit may determine by resolution.
2 § 8125. Security for tax anticipation notes and sinking fund.
3 (a) General rule.--All tax anticipation notes issued in a
4 single fiscal year shall be equally and ratably secured by the
5 pledge of, security interest in, and a lien and charge on, the
6 taxes or revenues, or both, of the local government unit
7 specified in the authorizing resolution to be received during
8 the period when the notes will be outstanding. The pledge, lien
9 and charge shall be fully perfected as against the local
10 government unit, all creditors thereof and all third parties in
11 accordance with the terms of the resolution from and after the
12 filing of any financing statement or statements required under
13 Title 13 (relating to commercial code). For the purpose of this
14 filing, the sinking fund depository, if any, otherwise the
15 fiscal agent or paying agent designated in the notes, may act as
16 the representative of noteholders and, in such capacity, execute
17 and file the financing statement and any continuation or
18 termination statements as secured party. The authorizing
19 resolution may establish one or more sinking funds and provide
20 for periodic or other deposits therein and may contain covenants
21 or other provisions as the local government unit determines. The
22 amount of any tax anticipation notes issued in compliance with
23 this subpart shall be general obligations of the local
24 government unit and, if the amounts are not paid within the
25 fiscal year in which the notes were issued, they shall be deemed
26 to be nonelectoral debt enforceable in the manner of a general
27 obligation which, unless funded pursuant to this subpart, shall
28 be included in the budget of the local government unit for the
29 ensuing fiscal year and shall be payable from the taxes and
30 revenues of the ensuing year notwithstanding that the amount
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1 thereof shall cause the nonelectoral debt of the local
2 government unit to exceed the limitations of Subchapter B of
3 Chapter 80 (relating to limitations on debt of local government
4 units).
5 (b) First class school districts.--The holder of the tax
6 anticipation notes issued by a first class school district or
7 the sinking fund depository of the applicable sinking fund, if
8 any, shall have the right to enforce the pledge of security
9 interest in and lien and charge on the pledged taxes and
10 revenues of the first class school district against all
11 Commonwealth and local public officials in possession of any of
12 the taxes and revenues at any time which may be collected
13 directly from the officials upon notice by the holder or
14 depository for application to the payment as and when due or for
15 deposit in the applicable sinking fund at the times and in the
16 amounts specified in the tax anticipation notes. Any
17 Commonwealth or local public official in possession of any of
18 the taxes and revenues shall make payment, against receipt
19 therefor, directly to the holder of the tax anticipation notes
20 or to the depository upon the notice and shall thereby be
21 discharged from any further liability or responsibility for the
22 taxes and revenues. If the payment is to a holder of tax
23 anticipation notes, it shall be made against surrender of the
24 notes to the payor for delivery to the first class school
25 district in the case of payment in full; otherwise it shall be
26 made against production of the notes for notation thereon of the
27 amount of the payment. The provisions of this subsection with
28 respect to the enforceability and collection of taxes and
29 revenues which secure tax anticipation notes of a first class
30 school district shall supersede any contrary or inconsistent
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1 statutory provision or rule of law. This subsection shall be
2 construed and applied to fulfill the legislative purpose of
3 clarifying and facilitating temporary borrowings by a first
4 class school district by assuring to holders of tax anticipation
5 notes the full and immediate benefit of the security therefor
6 without delay, diminishment or interference based on any
7 statute, decision, ordinance or administrative rule or practice.
8 § 8126. Certification as to taxes and revenues to be collected.
9 Prior to each authorization of tax anticipation notes,
10 authorized officers of the local government unit shall make an
11 estimate of the moneys to be received during the period when the
12 notes will be outstanding from taxes then levied and assessed
13 and revenues, including subsidies or reimbursements to be
14 received. The estimate shall take due account of the past and
15 anticipated collection experience of the local government unit
16 and of current economic conditions. The estimate shall be
17 certified by the officers and their written certificate dated
18 not more than 30 days prior to the date of the authorization of
19 the notes and filed with the proceedings authorizing the tax
20 anticipation notes with the department.
21 § 8127. Sale of tax anticipation notes.
22 Tax anticipation notes may be sold at public, private or
23 invited sale as the governing body of the local government unit
24 may determine. Any public sale shall be advertised and conducted
25 in the manner and subject to the conditions provided for a
26 public sale of bonds in Subchapter D (relating to sale of bonds
27 and notes), except as modified by this subchapter. The governing
28 body of the local government unit shall award the notes by
29 resolution to specified purchasers at a specified price, not
30 less than the principal amount. At the time of delivery of each
19930S0838B0911 - 210 -
1 issue, series or subseries of tax anticipation notes, authorized
2 officers of the local government unit shall certify to the
3 original purchasers that the amount of all such notes to remain
4 outstanding will not exceed the limitations of section 8122
5 (relating to limitation on amount of tax anticipation notes)
6 calculated, however, from the date of the certificate to the
7 respective maturity dates of all the notes to remain
8 outstanding. The certificate need not be filed with the
9 department, but a copy of it shall be retained by the local
10 government unit until all tax anticipation notes issued during
11 the fiscal year have been paid in full.
12 § 8128. Condition precedent to validity of tax anticipation
13 notes.
14 No tax anticipation note shall be valid or obligatory in the
15 hands of an original purchaser until certified copies of the
16 authorizing and awarding resolution, the certificate as to the
17 taxes and revenues remaining to be collected and a true copy of
18 the accepted proposal for the purchase of the tax anticipation
19 notes shall have been filed with the department. No approval by
20 the department shall be required.
21 § 8129. Scope of unfunded debt.
22 For the purpose of this subchapter, unfunded debt means
23 obligations of the same or one or more prior years incurred for
24 current expenses, including tax anticipation notes, due and
25 owing or judgments against the local government unit entered by
26 a court after adversary proceedings, for the payment of either
27 of which category the taxes and other revenues remaining to be
28 collected in the fiscal year and funds on hand will not be
29 sufficient without a curtailment of municipal services to an
30 extent endangering the health or safety of the public or proper
19930S0838B0911 - 211 -
1 public education and the local government unit either may not
2 legally levy a sufficient tax for the balance of the fiscal
3 year, or a sufficient tax, if legally leviable, would not be in
4 the public interest. Unfunded debt does not, however, include
5 debt incurred under this subpart or obligations in respect of a
6 project or part of a project as incurred in respect of the cost
7 of a project.
8 § 8130. Approval by court to fund unfunded debt.
9 (a) General rule.--Whenever the governing body of a local
10 government unit shall be of the opinion that it has outstanding
11 unfunded debt, it may, by petition to the court of common pleas
12 setting forth the facts, request approval for the issuance of
13 bonds or notes to fund the unfunded debt. After hearing, on such
14 notice to the local government unit and its taxpayers as the
15 court may prescribe, the court shall make an order granting
16 authority to fund all or a part of the unfunded debt if the
17 court finds that the unfunded debt is a lawful obligation of the
18 local government unit; that there has been an unforeseeable
19 decline in revenues, or that taxes levied have not produced the
20 revenues anticipated or that it was not reasonable to foresee
21 the obligation; that paying the debt by curtailing municipal
22 services will be dangerous to the public health, safety or
23 education; and that it is not feasible or not in the public
24 interest to levy additional taxes in the current fiscal year.
25 The funding debt so approved shall be stated to mature in the
26 amounts and over the number of years, not exceeding ten, as the
27 court finds will accomplish the payment of the debt without
28 endangering the rendering of municipal services or requiring the
29 levying of excessive taxes. If the funding of the unfunded debt
30 has not been approved by a vote of the electors, the order of
19930S0838B0911 - 212 -
1 the court upon cause shown may fix the portion, if any, which
2 shall not be charged against the nonelectoral debt limitations
3 of the local government unit under sections 8022 (relating to
4 limitations on incurring of other debt) and 8125 (relating to
5 security for tax anticipation notes and sinking fund) during the
6 time the funding debt is outstanding.
7 (b) Issuance and sale of bonds or notes.--The bonds or notes
8 representing funding debt so authorized by the court shall be
9 issued and sold by the governing body as provided by other
10 provisions of this subpart in respect of general obligation
11 bonds except as these provisions are modified by this section or
12 by orders of the court issued under this section, and the
13 proceedings filed by the local government unit in respect of the
14 funding bonds under section 8201 (relating to certification to
15 department of bond or note transcript or lease, guaranty,
16 subsidy contract or other agreement) shall include certified
17 copies of the petition and of the order of the court.
18 (c) Applicability.--This section shall not apply to the
19 funding of obligations in respect of a project or part of a
20 project or incurred in respect of the cost of a project.
21 SUBCHAPTER C
22 PROVISIONS OF BONDS AND NOTES
23 Sec.
24 8141. Form of bonds or notes.
25 8142. Limitations on stated maturity dates.
26 8143. Number of interest rates.
27 8144. Place and medium of payment.
28 8145. Execution of bonds or notes.
29 8146. Pledge of revenues.
30 8147. Deeds of trust and other agreements with bondholders
19930S0838B0911 - 213 -
1 and noteholders.
2 8148. Negotiable qualities of bonds and notes.
3 8149. Temporary bonds or notes or interim receipts.
4 § 8141. Form of bonds or notes.
5 Bonds or notes may be issued in such denominations, in coupon
6 form payable to bearer or registrable as to principal, or in
7 fully registered form, with such provisions for exchangeability
8 and interchangeability; shall bear such identifying designation
9 or title, including words indicating whether the bonds or notes
10 are general obligation, revenue guaranteed revenue or limited
11 guaranty revenue bonds or notes; shall be dated; shall bear such
12 rate or rates of interest, including supplemental, contingent or
13 variable interest, but if contingent or variable interest is
14 specified, a maximum rate or amount shall also be specified;
15 shall be payable on those dates; may be subject to such
16 provisions for prior redemption in whole or in part or both, at
17 such price or prices and at such times; shall be stated to
18 mature, or may be payable in installments, on a date or dates
19 and in such amounts; may provide for the payment by the issuer
20 of such tax or taxes on the bonds or notes, either absolutely or
21 out of pledged revenues; and may provide for such pledge of
22 revenues, the establishment of such reserves and other terms; as
23 the governing body of the issuing local government unit may
24 determine by ordinance or ordinances adopted prior to the
25 delivery of the bonds or notes, subject to the limitations and
26 restrictions specified in this subpart.
27 § 8142. Limitations on stated maturity dates.
28 (a) General rule.--No bonds or notes shall be issued with a
29 stated maturity date exceeding the sooner to occur of:
30 (1) Forty years from the date of the series of any bonds
19930S0838B0911 - 214 -
1 or notes issued to evidence debt for the purpose of financing
2 the cost of actually constructing, acquiring or improving a
3 project or a separately financed portion of a project.
4 (2) (i) The useful life of the project being financed
5 as stated in the ordinance of the local government unit
6 enacted in connection with the series of bonds or notes
7 to be issued for the project, which statement in the
8 ordinance shall be conclusive for all purposes. If
9 projects have been combined for financing pursuant to
10 section 8101 (relating to combining projects for
11 financing or series of bonds or notes for sale) and the
12 projects have different useful lives, it is sufficient
13 for this section if an aggregate principal amount of
14 bonds or notes equal to the separate cost of each project
15 having a shorter useful life have been stated to mature
16 prior to the end of the useful life, and the balance
17 prior to the end of the longest useful life. For the
18 purpose of this paragraph, the inclusion of furnishings,
19 machinery, apparatus or equipment for a construction or
20 acquisition project shall not be deemed to be the
21 combining of projects but the useful life of the project
22 shall be that of the building, structure or improvement
23 constructed or acquired.
24 (ii) Where capital budgeting is practiced and bonds
25 are issued to fund the current portion of a capital
26 budget involving projects of varying useful lives, a
27 uniform term of 30 years may be used.
28 (iii) Where the project being financed is a
29 countywide revision of assessment of real property, the
30 useful life shall be a term of no more than ten years.
19930S0838B0911 - 215 -
1 (iv) Where a project consists of the funding of all
2 or a portion of a reserve, or a contribution toward a
3 combined reserve, pool or other arrangement, relating to
4 self-insurance, the useful life shall be the term
5 specified in the ordinance of the local government unit,
6 not to exceed 20 years, or if none is specified, then the
7 useful life shall be deemed to be 20 years.
8 (b) Mandatory redemption and stated maturities or
9 installments.--Bonds or notes may be serial bonds or notes or
10 term bonds or notes or any combination thereof that may be
11 selected by the governing body of the issuing local government
12 unit. If term bonds or notes are issued, the bonds or notes
13 shall be subject to mandatory redemption, and, if serial or
14 installment bonds or notes, the amounts of the stated maturities
15 or installments shall be fixed:
16 (1) so as to amortize the issue on at least an
17 approximately level annual debt service plan during the
18 period specified for the payment of principal in subsection
19 (c); or
20 (2) so that the debt service on outstanding debt of the
21 same classification, and for this purpose lease rental debt
22 shall be considered as the same classification as general
23 obligation debt, will be brought more nearly into an over-all
24 level annual debt service plan.
25 (c) Deferral of stated installments or maturities or
26 mandatory redemption.--Except as provided by subsection (e),
27 stated installments or maturities of principal of any series of
28 bonds or notes or the mandatory redemption of the principal may
29 not be deferred beyond the later of two years from date of issue
30 or one year after estimated completion of construction. In the
19930S0838B0911 - 216 -
1 case of revenue or guaranteed revenue bonds, this provision will
2 be satisfied by a covenant for the mandatory application to term
3 bonds of such revenues as may remain after payment of interest
4 and operating expenses up to a fixed amount conforming to
5 subsection (b) as shall be specified in the ordinance pursuant
6 to which the bonds or notes are issued.
7 (d) Fixing earlier maturity dates.--This section does not
8 prevent the fixing of the amount of stated maturity dates so
9 that a greater percentage of a series will mature on earlier
10 dates than those allowable by this subpart.
11 (e) Maturity dates for different series.--This section does
12 not prevent the authorization of bonds or notes of an issue for
13 sale in one or more series, in which case the first stated
14 maturity of a later series may be later than, but not more than
15 15 months later than, the last stated maturity of the next
16 preceding series.
17 § 8143. Number of interest rates.
18 A series of bonds or notes may have any number of interest
19 rates, subject to any limitation on such number fixed by the
20 governing body of the issuing local government unit, but, unless
21 further limited by the issuing local government unit in the
22 official notice of sale, no fixed interest rate for any stated
23 maturity date in the last two-thirds of the period of the series
24 may be less than that stated for the immediately preceding year
25 which falls within the last two-thirds period.
26 § 8144. Place and medium of payment.
27 Bonds or notes shall be payable in such coin or currency as
28 at the respective dates of payment thereof shall be legal tender
29 for the payment of public and private debts at the place or
30 places of payment. Both principal and interest shall be payable
19930S0838B0911 - 217 -
1 at the place or places determined by the local government unit.
2 If more than one place of payment is specified, one or more of
3 the additional places of payment may be outside of this
4 Commonwealth or outside of the United States.
5 § 8145. Execution of bonds or notes.
6 Bonds or notes, including tax anticipation notes, shall be
7 signed by such officers of the local government unit, and coupon
8 bond shall have attached thereto interest coupons bearing the
9 facsimile signature of such officer of the local government
10 unit, and the bonds or notes may be sealed with the seal of the
11 local government unit or a facsimile thereof, all as may be
12 determined by the governing body. Bonds or notes may provide
13 that they are not valid or enforceable unless authenticated by a
14 specified bank, bank and trust company or trust company. If any
15 one signature on a bond or note, including the signature of the
16 authenticating party, is manual, all other signatures may be by
17 facsimile. If any officer whose signature, or a facsimile of
18 whose signature, appears on any notes, bonds or coupons ceases
19 to be such officer before the delivery of the notes or bonds,
20 the signature or the facsimile shall nevertheless be valid and
21 sufficient for all purposes as if he had remained in office
22 until delivery. Any note, bond or coupon may bear the facsimile
23 signature of, or may be signed by, those persons as at the
24 actual time of the execution of the note, bond or coupon were
25 the proper officers to sign although at the date of the
26 instrument these persons may not be such officers.
27 § 8146. Pledge of revenues.
28 The governing body of any local government unit which has
29 determined to issue any revenue bonds or notes, or any
30 guaranteed revenue bonds or notes, may provide, by ordinance,
19930S0838B0911 - 218 -
1 for such pledges of or priorities in such rentals, revenues,
2 receipts, rates and charges to be received from projects of the
3 issuing local government unit as may be desirable. The pledge or
4 priority shall be perfected as a security interest against all
5 creditors of the local government unit and all third parties, in
6 accordance with the terms of the ordinance, from and after the
7 filing of a financing statement or statements in accordance with
8 Title 13 (relating to commercial code). For the purpose of
9 filing, the sinking fund depository may act as representative of
10 the bond or note holders and, in that capacity, execute and file
11 the financing statement and any continuation or termination
12 statements as secured party.
13 § 8147. Deeds of trust and other agreements with bondholders
14 and noteholders.
15 (a) General rule.--A local government unit shall have the
16 power to enter into any deed of trust, trust indenture or other
17 agreement with any bank, bank and trust company, trust company
18 or other person or persons in the United States having power to
19 enter into such agreements or accept such trusts, including any
20 Federal agency, as security for any notes or bonds of the local
21 government unit providing for the following:
22 (1) The payment of the interest on and principal of the
23 notes or bonds; the authentication of the original issue; the
24 custody of sinking funds or other funds held or to be held
25 pending presentation of coupons, notes or bonds for payment;
26 the custody of debt service reserve funds or other funds to
27 be held as reserves; the disbursement of interest to holders
28 of fully registered bonds or notes; the cremation or other
29 destruction of coupons, bonds or notes which have been paid;
30 and registration, exchanges and transfers and the maintenance
19930S0838B0911 - 219 -
1 of records of those transactions.
2 (2) The construction, improvement, operation,
3 maintenance and repair of any project being financed.
4 (3) Limitations on the purposes to which the proceeds of
5 the bonds then or thereafter to be issued in connection with
6 the project, or of any loan or grant by the United States or
7 the Commonwealth may be applied.
8 (4) The rights and remedies of such trustee or other
9 person and the holder of the bonds or notes, which may
10 include reasonable restrictions upon the individual right of
11 action of the holders.
12 (5) The terms and provisions, including stated
13 maturities and sinking fund and other reserve fund
14 provisions, not in conflict with the limitations imposed by
15 this subpart, but which may be more limiting, of, or provided
16 for, the bonds or notes being issued or which may hereafter
17 be issued in connection with the project being financed.
18 (b) Revenue and guaranteed revenue bonds.--In connection
19 with any revenue bonds or guaranteed revenue bonds, such deeds
20 of trust, trust indentures or other agreements may contain
21 provisions as to the following:
22 (1) The rate of rents, charges, rates or tolls to be
23 imposed for the use of the project being financed or the
24 rendering of services through the use of the project, or
25 both, to ensure a sufficiency of revenues to cover operating
26 expenses, debt service and an appropriate surplus.
27 (2) The setting aside of reserves or other earmarked
28 funds, and limitation upon the use, investment and
29 disposition thereof for the better security of the bonds or
30 notes.
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1 (3) Limitations on the issue of additional bonds or
2 notes ranking equally or having priority in claim on revenues
3 with the bonds being issued.
4 (4) Any other or additional agreements with the holders
5 of bonds or notes as may be customary in these agreements,
6 provided no delegation of essential governmental powers is
7 made.
8 (c) Ordinance provisions in lieu of agreement.--In lieu of a
9 deed of trust, trust indenture or other agreement specified in
10 this section, the bond ordinance of the local government unit
11 may contain similar provisions which shall be a contract between
12 the local government unit and the holders from time to time of
13 its bonds or notes.
14 (d) Limitation on delegation of function.--No deed of trust
15 shall delegate the performance of essential governmental
16 functions to a trustee, fiscal agent or receiver. For purposes
17 of this section, the matters enumerated are not deemed to be
18 essential governmental functions.
19 § 8148. Negotiable qualities of bonds and notes.
20 (a) Securities.--Bonds or notes issued pursuant to this
21 subpart, including tax anticipation notes, which have all the
22 qualities and incidents of securities under Title 13 (relating
23 to commercial code), shall be negotiable instruments.
24 (b) Commercial paper.--Such bonds and notes issued pursuant
25 to this subpart which are not securities shall have all the
26 qualities and incidents of commercial paper under Title 13 and
27 shall be negotiable instruments notwithstanding any references
28 in them to the terms of the authorizing bond ordinance or any
29 trust indenture, deed of trust or other agreement, or any
30 variations in the rate of interest provided in the note, or any
19930S0838B0911 - 221 -
1 limitation upon the funds from which or limitations as to the
2 bonds with which the notes may be paid or any restriction upon
3 the remedies of the holders.
4 § 8149. Temporary bonds or notes or interim receipts.
5 Pending the preparation of definitive bonds or notes,
6 including tax anticipation notes, temporary bonds or notes or
7 interim receipts may be issued in such form and containing such
8 terms and such provisions for exchange for definitive bonds or
9 notes as the local government unit may determine.
10 SUBCHAPTER D
11 SALE OF BONDS AND NOTES
12 Sec.
13 8161. Manner of sale of bonds or notes.
14 8162. Contents of public advertisement and of official notice
15 of sale.
16 8163. Proposals for purchase.
17 8164. Opening of bids.
18 8165. Determination of highest and best bid.
19 8166. Required bid security.
20 8167. Reserved right to reject bids.
21 8168. Failure to receive conforming bid.
22 8169. Determination of net interest cost and net interest
23 rate.
24 § 8161. Manner of sale of bonds or notes.
25 (a) General rule.--Except as otherwise specifically provided
26 in this subpart and subject to subsection (b), bonds or notes
27 may be sold at public or private sale by negotiation or upon
28 invitation and at the price the governing body of the issuing
29 local government unit shall determine. Before making any private
30 sale by negotiation of bonds or notes, the governing body shall
19930S0838B0911 - 222 -
1 adopt a resolution finding that a private sale by negotiation is
2 in the best financial interest of the local government unit.
3 Bonds or notes may be conditionally sold before the final
4 details of the series are fixed.
5 (b) Public sale.--Bonds or notes, if sold at public sale,
6 shall be sold to the highest responsible bidder or bidders after
7 one public notice by advertisement of either the official notice
8 of sale, or of the availability of the official notice of sale,
9 in at least one and not more than two newspapers of general
10 circulation in the county in which the local government unit is
11 located. The advertisement may also be published in a financial
12 journal circulating among the underwriters of securities.
13 Advertisements shall be published not less than ten nor more
14 than 30 days prior to the date fixed for opening proposals and
15 need not appear on the same date nor successively in each
16 newspaper or journal.
17 § 8162. Contents of public advertisement and of official notice
18 of sale.
19 (a) Advertisement.--The advertisement of the availability of
20 the official notice of sale shall contain the following:
21 (1) The title, designation and principal amount of the
22 bonds or notes to be sold.
23 (2) A general statement of the term of the issue and
24 whether it will consist of term bonds or notes, serial bonds
25 or notes, or both.
26 (3) A statement whether proposals must be for all but
27 not less than all of the notes or bonds being sold, or, if
28 separate lots may be bid separately, a statement as to the
29 composition of each lot.
30 (4) The place and time for the receipt of sealed
19930S0838B0911 - 223 -
1 proposals.
2 (5) The amount of the bid security to be furnished by
3 the bidder and the method selected for determining net
4 interest cost.
5 (6) A statement of the names and addresses of the
6 officer and any other persons from whom an official notice of
7 sale, other details concerning the issuing local government
8 unit, the project, and the official form of proposal, if any,
9 may be obtained.
10 (b) Official notice of sale.--The local government unit
11 shall adopt an official notice of sale which shall set forth,
12 succinctly:
13 (1) The time and place for the receipt of proposals and
14 the officer designated to receive them.
15 (2) A description of the bonds or notes being offered,
16 including:
17 (i) The title and type of bonds or notes being
18 offered.
19 (ii) The date thereof.
20 (iii) The stated maturity dates and amounts at each
21 date.
22 (iv) The dates of interest payments.
23 (v) The place or places of payment of interest and
24 principal, which amounts, dates and places may be left
25 open to selection by the successful bidder.
26 (vi) The form and denominations of the notes or
27 bonds being offered.
28 (vii) Any provisions for registration, exchange and
29 interchange.
30 (viii) The terms of any sinking fund or reserve
19930S0838B0911 - 224 -
1 funds to be established.
2 (ix) The terms of other provisions made for the
3 security of the bonds or notes.
4 (x) The dates, prices and terms of any provision for
5 the redemption thereof prior to stated maturity dates.
6 (3) A statement of the terms of the bidding, including:
7 (i) The method for determining net interest cost.
8 (ii) Whether bids must be for all but not less than
9 all.
10 (iii) If separate bids for separate lots may be
11 submitted, a description of each lot.
12 (iv) The limitation on the number and variation
13 between high and low interest rates to be permitted.
14 (v) The required bid security.
15 (vi) The permitted discount from par, if any.
16 (vii) The funds in which the balance of the purchase
17 price shall be paid.
18 (viii) The place at which the balance may be paid or
19 the method of determining that place.
20 (ix) The effect on the obligation to purchase the
21 notes or bonds of litigation pending or change in tax or
22 other applicable laws occurring before the settlement for
23 the bonds or notes.
24 (x) The nature of the opinion of bond counsel to be
25 delivered at the time of payment for the bonds or notes
26 and the effect of any failure to deliver such opinion.
27 (xi) The reserved right to reject bids provided for
28 in section 8167 (relating reserved right to reject bids).
29 (4) Such additional provisions as may be desired,
30 including statements as to the furnishing of copies of
19930S0838B0911 - 225 -
1 documents, including an official statement of essential
2 facts, the estimated date for delivery of bonds or notes and
3 whether the bonds or notes will be delivered in definitive or
4 temporary form and, if temporary, the time and manner of
5 exchange for definitive bonds or notes.
6 § 8163. Proposals for purchase.
7 Every bid or proposal for bonds or notes shall be in writing,
8 shall be properly executed and, in the case of public sale,
9 shall be placed in a sealed envelope sufficiently labeled to
10 indicate that it is a bid or proposal for the bonds or notes
11 being sold, before being delivered to the officer designated to
12 receive it, or to an authorized delegate.
13 § 8164. Opening of bids.
14 In the case of public sale, at the time and place fixed in
15 the notice, the bids or proposal received shall be publicly
16 opened by the designated officer, or his authorized delegate,
17 and publicly read aloud, unless the governing body determines to
18 return all bids unopened.
19 § 8165. Determination of highest and best bid.
20 (a) General rule.--The highest responsible bidder shall be
21 the one who, having complied with the terms of the official
22 notice of sale, offers to take all of the bonds or notes, or any
23 separate lot thereof on which separate bids may be made, at the
24 lowest net interest cost to the local government unit, or if
25 required by the terms of any agreement with the Federal
26 government or the Commonwealth or any agency of either of them,
27 the highest responsible bidder shall be the one bidding in
28 conformity with the requirements for the successful bidder
29 stipulated in the agreement. The net interest cost shall be
30 computed in accordance with section 8169 (relating to
19930S0838B0911 - 226 -
1 determination of net interest cost and net interest rate).
2 (b) Tie bids.--If two or more proposals are found to be the
3 highest and best bids on identical terms conforming to the
4 offering, the bonds or notes shall, with the consent of the
5 bidders, be awarded to them jointly or, absent such consent, may
6 be awarded to any one of the bidders selected by lot in any
7 manner deemed fair by the local government unit.
8 § 8166. Required bid security.
9 In the case of public sale, bid security shall be given by
10 each bidder, shall be in cash or by certified or official bank
11 check payable to the local government unit and shall be not less
12 than 2% of the principal amount of the bonds or notes to be
13 purchased. The bid security of the unsuccessful bidder or
14 bidders shall be returned to each unsuccessful bidder, without
15 interest, in accordance with written instructions of the bidder
16 conforming to the official notice of sale, promptly upon an
17 award of the bonds or notes or upon the rejection of all bids.
18 The bid security of the successful bidder shall be retained by
19 the treasurer of the local government unit and, with or without
20 allowance for interest as the official notice of sale may
21 specify, shall be applied on the purchase price when the bonds
22 or notes are actually delivered and paid for, retained as
23 liquidated damages if the bidder defaults, or returned to the
24 bidder with interest at the judgment rate if, after an
25 acceptance of the proposal, the bonds or notes are not issued
26 for any reason not constituting a default by the bidder. Unless
27 required by the local governing body, no bid security shall be
28 required in the case of tax anticipation notes, bond
29 anticipation notes or notes to be issued under section 8109
30 (relating to small borrowing for capital purposes).
19930S0838B0911 - 227 -
1 § 8167. Reserved right to reject bids.
2 Every official notice of sale of bonds or notes shall provide
3 that the right is reserved to the governing body of the local
4 government unit to reject all bids or proposals, but in a case
5 where conforming bids have been received, opened and rejected,
6 any subsequent sale within a period of two calendar months of
7 bonds or notes in substantially the same amount and for the same
8 purpose must be a public sale to be held at such later time as
9 the governing body may determine to be advantageous.
10 § 8168. Failure to receive conforming bid.
11 If bonds or notes are advertised for public sale and no
12 conforming bid is received or if all bids are returned unopened,
13 then the local government unit may cancel the sale and devise a
14 new series for sale or, in the alternative, it may sell the
15 series parts, from time to time, during the ensuing six months
16 at private sale in accordance with the terms originally
17 advertised with any changes in call price or dates of call for
18 prior redemption or both as may be deemed desirable. After the
19 six-month period, the local government unit may sell any unsold
20 portion of the series in any manner permitted by this subpart,
21 with such appropriate changes in the call prices or dates or
22 call for prior redemption or both or in other terms as may be
23 deemed advisable, provided that as so changed, the two portions
24 of the series when combined and any issue of which the series is
25 a part are in conformity with the requirements of this subpart
26 as to term, interest rate and stated maturities.
27 § 8169. Determination of net interest cost and net interest
28 rate.
29 (a) Net interest cost.--Net interest cost may be determined
30 by using either the street method or the present worth method
19930S0838B0911 - 228 -
1 whichever method shall be specified in the official notice of
2 sale.
3 (b) Street method.--Under the street method, a dollar amount
4 shall be determined by computing the total amount of interest
5 payable over the life of the series to stated maturity dates or
6 earlier mandatory call dates and subtracting therefrom the
7 amount of any premium paid above the aggregate principal amount
8 of the bonds or notes or adding thereto the amount of any
9 discount lawfully allowed in the sale.
10 (c) Present worth method.--Under the present worth method
11 there shall be ascertained the semiannual rate, compounded
12 semiannually, necessary to discount to present worth as of the
13 date of the bonds or notes, the amounts payable on each interest
14 payment date and on each stated maturity or earlier mandatory
15 redemption date so that the aggregate of such amounts will equal
16 the purchase price offered therefor exclusive of interest
17 accrued to the date of delivery. The net interest cost shall be
18 stated in terms of an annual percentage rate and shall be that
19 rate of interest which is twice the semiannual rate so
20 ascertained.
21 (d) Net interest rate.--The net interest rate for a series
22 sold under the present worth method shall be the rate of the net
23 interest cost. For a series sold under the street method, the
24 net interest rate shall be determined by dividing the net
25 interest cost by the product of $1,000 multiplied by the number
26 of bond years from the date of the bonds or notes to the stated
27 maturity or earlier mandatory call dates. A bond year shall be
28 one full year that $1,000 of principal amount shall be
29 outstanding and less than full years shall be fractionalized on
30 a 360-day year basis.
19930S0838B0911 - 229 -
1 CHAPTER 82
2 MISCELLANEOUS PROVISIONS
3 Subchapter
4 A. Department of Community Affairs
5 B. Sinking Funds and Other Funds and Accounts
6 C. Refunding of Debt
7 D. Remedies
8 E. Penalties
9 SUBCHAPTER A
10 DEPARTMENT OF COMMUNITY AFFAIRS
11 Sec.
12 8201. Certification to department of bond or note
13 transcript or lease, guaranty, subsidy contract or other
14 agreement.
15 8202. Filing of statements of noncompletion of sale with
16 department.
17 8203. Fees for filing.
18 8204. Certificate of approval of transcript.
19 8205. Certificate of disapproval and correction of
20 proceedings.
21 8206. Effect of failure of timely action by department.
22 8207. Records of department.
23 8208. Invalidity of instruments which are delivered without
24 compliance with requirements or conditions precedent
25 to issuance or delivery.
26 8209. Finality of proceedings as to validity of
27 instruments.
28 8210. Power of department to define terms, issue rules and
29 regulations and prescribe forms.
30 8211. Petitions for declaratory orders and complaints to
19930S0838B0911 - 230 -
1 department.
2 § 8201. Certification to department of bond or note transcript
3 or lease, guaranty, subsidy contract or other
4 agreement.
5 (a) General rule.--The governing body of each local
6 government unit shall, before any bonds or notes, except tax
7 anticipation notes issued pursuant to section 8121 (relating to
8 power to issue tax anticipation notes) and notes representing
9 small borrowings issued pursuant to section 8109 (relating to
10 small borrowing for capital purposes), are actually delivered to
11 the initial purchasers, or before becoming bound on any lease,
12 guaranty, subsidy contract or other agreement, evidencing lease
13 rental debt cause to be certified to the department, under the
14 signature of the clerk or secretary of the governing body and
15 its corporate seal, a complete and accurate copy of the
16 proceedings for the incurring of debt, as provided in section
17 8111 (relating to submission to department).
18 (b) Other requirements unaffected.--The provisions of this
19 section do not eliminate the filing requirements of sections
20 8024 (relating to exclusion of subsidized debt from net
21 nonelectoral or net lease rental debt), 8025 (relating to
22 exclusion of self-liquidating debt evidenced by revenue bonds or
23 notes to determine nonelectoral debt), 8026 (relating to
24 exclusion of other self-liquidating debt to determine net
25 nonelectoral debt or net lease rental debt), 8126 (relating to
26 certification as to taxes and revenues to be collected) and 8128
27 (relating to condition precedent to validity of tax anticipation
28 notes).
29 § 8202. Filing of statements of noncompletion of sale with
30 department.
19930S0838B0911 - 231 -
1 If settlement for an issue of bonds or notes or bonds or
2 notes representing lease rental debt, which have received a
3 required approval by the department, fails of completion, in
4 whole, or in part, the local government unit shall file with the
5 department a notification of noncompletion of sale, stating what
6 part of the issue has been delivered.
7 § 8203. Fees for filing.
8 Every filing with the department shall be accompanied by a
9 filing fee as determined in section 605-A of the act of April 9,
10 1929 (P.L.177, No.175), known as The Administrative Code of
11 1929. No submission shall constitute a filing until the proper
12 fee is paid. All fees received under this section shall be paid
13 by the department into the State Treasury through the Department
14 of Revenue.
15 § 8204. Certificate of approval of transcript.
16 The department shall, upon receipt of any bond or note
17 transcripts or other filings, carefully examine them to
18 determine whether the debt outstanding and to be outstanding is
19 within the applicable limitations imposed by this subpart and
20 whether the proceedings for incurring the debt, for issuing and
21 selling the bonds or notes and for excluding self-liquidating
22 and subsidized debt have been taken in conformity with the
23 Constitution of Pennsylvania and this subpart. If, upon
24 completion of its examination, a transcript or other filing is
25 found by the department to be in conformity with the
26 Constitution of Pennsylvania and this subpart, the department
27 shall certify its approval to the local government unit, if
28 required under other provisions of this subpart.
29 § 8205. Certificate of disapproval and correction of
30 proceedings.
19930S0838B0911 - 232 -
1 If the department, upon completion of its examination, finds
2 it cannot issue a certificate of approval, it shall notify the
3 local government unit of the reasons why it cannot do so. If the
4 proceedings or any prior filings are subject to correction for
5 demonstrated typographical or computational error, or otherwise,
6 or for failure to include a necessary document or certification
7 and the correction is approved by the department, the error
8 shall be corrected in all places or the additional document or
9 certification shall be furnished to the department within ten
10 days and upon any other terms the department specifies.
11 Thereupon the department shall certify its approval. If the
12 deficiency is not subject to correction, the department shall
13 certify its disapproval to the local government unit.
14 § 8206. Effect of failure of timely action by department.
15 If the local government unit has submitted a filing to the
16 department by certified mail, return receipt requested, or
17 otherwise has an official receipt from the department, and the
18 local government unit has not, within 20 days of the date of
19 receipt of the filing by the department, received the
20 certificate of approval or disapproval or notification of
21 correctable error, the filing shall be deemed to have been
22 approved for all purposes, unless the local government unit has
23 extended the time within which the department may act by written
24 communication to the department or by failure to object to a
25 written communication from the department requesting the
26 extension. Extensions shall not exceed one additional period of
27 20 days.
28 § 8207. Records of department.
29 (a) Retention period.--The department shall keep all
30 proceedings on file for a period of not less than four months
19930S0838B0911 - 233 -
1 after issuance of its certificate of approval or disapproval and
2 thereafter as long as any appeal respecting the proceedings is
3 pending and not finally determined.
4 (b) Content.--The department shall keep a public record with
5 respect to each local government unit showing:
6 (1) The name of the local government unit.
7 (2) The purpose of each series issued or lease executed.
8 (3) Whether the series represents nonelectoral, lease
9 rental or electoral debt, and the extent to which the debt is
10 subsidized or self-liquidating, and, if subsidized or self-
11 liquidating in part, the principal amount thereby eliminated
12 from nonelectoral debt.
13 (4) The schedule of stated maturity dates, interest
14 rates and mandatory sinking fund payments for each
15 outstanding issue of bonds or notes or the schedule of lease
16 rentals.
17 (5) The dates and designations of each issue of bonds or
18 notes, lease or other document to be executed with the
19 approval number assigned to the issue, lease or other
20 document approved.
21 (6) The local government unit's most recently certified
22 borrowing base and regular debt limits computed therefrom.
23 (7) The date and manner of authorization of any use of
24 any additional debt limit.
25 (c) Records open for inspection.--The records of the
26 department shall be public records, available for examination by
27 any citizen of this Commonwealth or any bondholders or
28 noteholders.
29 § 8208. Invalidity of instruments which are delivered without
30 compliance with requirements or conditions precedent
19930S0838B0911 - 234 -
1 to issuance or delivery.
2 (a) General rule.--In all cases in which the approval of the
3 department is required by this subpart prior to the issuance of
4 bonds or notes or the execution of a lease, guaranty, subsidy
5 contract or other agreement evidencing lease rental debt, in the
6 case of small borrowings evidenced by notes in respect of which
7 compliance with the conditions of section 8109 (relating to
8 small borrowing for capital purposes) is required, and in the
9 case of tax anticipation notes in respect of which compliance
10 with the conditions of sections 8126 (relating to certification
11 as to taxes and revenues to be collected), 8127 (relating to
12 sale of tax anticipation notes) and 8128 (relating to condition
13 precedent to validity of tax anticipation notes) is required, if
14 the bonds or notes or the lease or other instrument is sold, or
15 executed, and delivered prior to receipt of actual or deemed
16 approval under section 8204 (relating to certificate of approval
17 of transcript) or 8206 (relating to effect of failure of timely
18 action by department), or as the case may be, without compliance
19 with applicable conditions of issuance, or prior to a required
20 filing with the department, the bonds, notes, lease or other
21 instrument shall be invalid and of no effect in the hands of or
22 for the security of the holder of the bonds or notes or of the
23 obligations secured by the lease or other instrument, except to
24 the extent provided in this section.
25 (b) Bona fide purchasers.--If the bonds or notes or the
26 obligations secured by the lease or other instrument are held by
27 a bona fide purchaser, other than an initial purchaser or member
28 of an underwriting or selling group, for value without actual
29 notice of a lack of such prior approval, filing or compliance as
30 the case may be, and such bonds, notes or other obligations
19930S0838B0911 - 235 -
1 contain a recital that such prior approval, filing or compliance
2 was received, made or observed, then the bonds, notes, lease or
3 other instrument shall be valid and enforceable in accordance
4 with their terms, and any applicable debt limits shall be deemed
5 increased to the extent necessary to validate and keep valid the
6 bonds, notes, lease or other instrument, but not for the purpose
7 of reducing the liability of any person under this section.
8 (c) Recovery of interest, principal and other amounts.--The
9 local government unit may recover all interest and principal or
10 other amounts payable thereon from the initial purchasers and
11 the individuals, including the officers of the local government
12 unit, responsible for making the unapproved or unauthorized
13 delivery. Notwithstanding the invalidity of the instruments as
14 to them, the initial purchasers and such individuals shall be
15 entitled to credit, in any action determining the invalidity or
16 for the recovery provided by this subsection for the amount of
17 the following:
18 (1) Any proceeds of the sale of the instruments still
19 held unexpended by the local government unit.
20 (2) The lesser of the following:
21 (i) The cost or fair market value, whichever is the
22 lesser, of any capital project or part thereof or
23 interest therein acquired by the local government unit by
24 an expenditure of a portion or all of the proceeds of the
25 bonds, notes or other obligations.
26 (ii) The remaining nonelectoral borrowing capacity
27 of the local government unit.
28 § 8209. Finality of proceedings as to validity of instruments.
29 (a) General rule.--Where a certificate of approval has been
30 issued by the department or has been deemed issued under section
19930S0838B0911 - 236 -
1 8206 (relating to effect of failure of timely action by
2 department) or, in the case of tax anticipation notes, where the
3 filing with the department required by section 8128 (relating to
4 condition precedent to validity of tax anticipation notes) has
5 occurred and no petition for a declaratory order or complaint
6 has been filed within the applicable time limits specified in
7 section 8211 (relating to petitions for declaratory orders and
8 complaints to the department; exclusive jurisdiction of
9 department) or, when after a petition for a declaratory order or
10 complaint has been filed, the proceedings have been approved
11 finally by the department and no appeal to court has been taken,
12 or if an appeal to court has been taken and the proceedings have
13 been approved finally by the court or the appeal has been
14 dismissed, the validity of the proceedings, the right of the
15 local government unit lawfully to issue its bonds or notes or to
16 enter into a lease, guaranty, subsidy contract or other
17 agreement evidencing lease rental debt pursuant to those
18 proceedings, and the validity and due enforceability of the
19 bonds, notes or other instruments in accordance with their terms
20 shall not thereafter be inquired into judicially, in equity, at
21 law or by civil or criminal proceedings, or otherwise, either
22 directly or collaterally. The effect of the approval by the
23 department or by the court on appeal or, in the case of tax
24 anticipation notes, the effect of filing in compliance with
25 section 8128 shall be to ratify, validate and confirm the
26 proceedings absolutely, including the lawful nature of the
27 project and, in the case of tax anticipation notes, the accuracy
28 of the estimates contained in the certificate as to taxes and
29 revenues to be collected, notwithstanding any defect or error in
30 the proceedings, except as specifically provided otherwise in
19930S0838B0911 - 237 -
1 this section, and any debt limit imposed by this subpart shall
2 be deemed increased to the extent necessary to validate the debt
3 or obligation. This section does not relieve an initial
4 purchaser of bonds or notes from liability to a local government
5 unit for the payment of the consideration agreed in the contract
6 of sale or make the bonds or notes valid and enforceable in the
7 hands of an initial purchaser unless the issuer has received a
8 substantial consideration for the series as a whole.
9 (b) Liability for willful violations or fraud.--This section
10 does not relieve any person participating in the proceedings
11 from liability for knowingly participating in an ultra vires act
12 of a local government unit or from any civil or criminal
13 liability for false statements in any certificates filed or
14 delivered in the proceedings.
15 § 8210. Power of department to define terms, issue rules and
16 regulations and prescribe forms.
17 Subject to the definitions in section 8002 (relating to
18 definitions), the department may define terms and prescribe
19 other rules and regulations regarding, and prescribe forms for,
20 reports and filings to be submitted to the department pursuant
21 to this subpart.
22 § 8211. Petitions for declaratory orders and complaints to
23 department.
24 (a) General rule.--If proceedings for the incurring of debt
25 represented by bonds or notes or by a lease, guaranty, subsidy
26 contract or other agreement evidencing the acquisition of a
27 capital asset, for the issuance of tax anticipation notes or for
28 the exclusion of debt as self-liquidating or subsidized, have
29 been taken by a local government unit, the local government
30 unit, or any taxpayer of the local government unit or other
19930S0838B0911 - 238 -
1 interested party, may file with the department a petition for a
2 declaratory order asserting the validity or a complaint
3 asserting the invalidity of the proceedings, or any part
4 thereof.
5 (b) Time for filing.--A complaint asserting the invalidity
6 of the proceedings or part thereof taken under section 8109
7 (relating to small borrowing for capital purposes) may be filed
8 not later than one year after final adoption of the resolution
9 authorizing the debt. Any such complaint asserting the
10 invalidity of the proceedings or part thereof excluding debt as
11 self-liquidating under section 8025 (relating to exclusion of
12 self-liquidating debt evidenced by revenue bonds or notes to
13 determine net non-electoral debt) or authorizing tax
14 anticipation notes under Subchapter B of Chapter 81 (relating to
15 tax anticipation notes and funding debt) may be filed at any
16 time not later than 15 days after the filing with the department
17 of the documents required by section 8025 or of the proceedings
18 pursuant to section 8126 (relating to certification as to taxes
19 and revenues to be collected), as the case may be. A complaint
20 asserting the invalidity of any such proceedings or part thereof
21 in cases in which, under this subpart, the approval or deemed
22 approval of the department is required, may be filed with the
23 department not later than the later of:
24 (1) fifteen days after the date of the submission of the
25 proceedings by the local government unit to the department
26 for approval even though the proceeding may be subject to
27 correction as provided in section 8205 (relating to
28 certificate of disapproval and correction of proceedings), or
29 otherwise; or
30 (2) five days after the date of the last submission of
19930S0838B0911 - 239 -
1 any corrected document or certification to the department.
2 (c) Departmental approval pending proceeding.--If a petition
3 for a declaratory order or complaint is filed in respect of
4 proceedings requiring the approval of the department after the
5 submission of the proceedings to the department but prior to
6 approval, disapproval or deemed approval, the department shall
7 not be deemed to have approved the proceedings during the
8 pendency of the matter before the department.
9 (d) Jurisdiction and authority of department.--The
10 department has exclusive jurisdiction to hear and determine all
11 procedural and substantive matters arising from the proceedings
12 of a local government unit taken under this subpart, including
13 the regularity of the proceedings, the validity of the bonds,
14 notes, tax anticipation notes or other obligations of the local
15 government unit and the legality of the purpose for which the
16 obligations are to be issued. If a local government unit files a
17 petition for a declaratory order with the department relating to
18 proceedings, the department may require service by publication
19 on taxpayers as the circumstances warrant. In all other respects
20 the proceedings before the department shall be governed by
21 regulations of the department. The department may, after
22 appropriate proceedings in accordance with its regulations,
23 approve or disapprove the proceedings of the local government
24 unit or to direct correction as provided in section 8205. A
25 determination by the department under this subpart shall, except
26 as provided in this subsection, be conclusive and binding as to
27 all procedural and substantive matters which were or could have
28 been presented to the department hereunder. All determinations
29 by the department under this subpart are reviewable as provided
30 in 2 Pa.C.S. Ch. 7 (relating to judicial review).
19930S0838B0911 - 240 -
1 SUBCHAPTER B
2 SINKING FUNDS AND OTHER FUNDS AND ACCOUNTS
3 Sec.
4 8221. Creation of sinking funds and deposits, reserves and
5 surplus funds.
6 8222. Assessment fund.
7 8223. Duty of treasurer.
8 8224. Deposit and investment of moneys in sinking funds and
9 other funds.
10 8225. Management of sinking and other funds.
11 8226. Inspection of sinking funds and orders to comply.
12 8227. Sinking fund not required for small borrowings.
13 § 8221. Creation of sinking funds and deposits, reserves and
14 surplus funds.
15 (a) General rule.--Every local government unit having
16 outstanding any bonds or notes, other than tax anticipation
17 notes and other than notes issued under section 8109 (relating
18 to small borrowing for capital purposes), shall create
19 forthwith, subject to the terms of any existing contracts with
20 the holders of such bonds or notes, and every local government
21 unit issuing any bonds or notes shall create simultaneously with
22 or prior to the delivery of the bonds or notes, and thereafter
23 maintain until the bonds or notes are paid in full, a sinking
24 fund:
25 (1) for the aggregate or for one or more issues or
26 series of its general obligation bonds and notes; and
27 (2) separately for each project or combination of
28 projects financed by revenue or guaranteed revenue bonds or
29 notes as to which different revenues are pledged.
30 If a sinking fund is established for more than one issue of
19930S0838B0911 - 241 -
1 bonds, a separate debt service account for each issue may be
2 established in the sinking fund. The sinking fund shall be
3 maintained with a bank, trust company or bank and trust company
4 located and lawfully conducting a banking or trust business in
5 this Commonwealth and appointed from time to time as a sinking
6 fund depository.
7 (b) Deposit of moneys.--Moneys for the payment of taxes
8 assumed and principal and interest on outstanding bonds or notes
9 shall be deposited in the applicable sinking fund or sinking
10 fund account from the sources, at the times and in the amounts
11 provided in any contract with the holders of the bonds and notes
12 but, in any event, prior to the time when payment of the taxes,
13 principal and interest become due and payable. All moneys
14 deposited in sinking funds as required by this subpart and all
15 investments and proceeds of investments thereof shall, without
16 further action or filing, be subject to a perfected security
17 interest for the holders of the bonds or notes for which the
18 sinking fund is held until the money or investments have been
19 properly disbursed or sold.
20 (c) Revenues from use of capital project.--A local
21 government unit pledging the rates, rentals, receipts, charges
22 and tolls from the use of a capital project, for the security of
23 revenue or guaranteed revenue bonds or notes, may by ordinance
24 provide for the deposit thereof as and when received in the
25 sinking fund for the project.
26 (d) Other funds and accounts.--A local government unit may
27 provide by ordinance for the creation and maintenance of other
28 accounts in the sinking fund or of other funds for revenue or
29 guaranteed revenue bonds or notes, including operating accounts
30 or funds for financed projects, reserve accounts or funds for
19930S0838B0911 - 242 -
1 various purposes, a bond or note redemption account or fund and
2 a surplus account or fund, and may prescribe the purposes for
3 which the moneys and investments in each account or fund may be
4 withdrawn and the amounts, times and sources of deposits
5 therein. No ordinance shall restrict the application of the
6 rates, receipts, charges and tolls received in respect of a
7 capital project or combined capital projects, exclusive of
8 assessments and contributions for capital improvements, in any
9 fiscal year in excess of the amount required during the year for
10 operating expenses, plus 140% or such lesser percent as may be
11 fixed by ordinance of the amount required to be deposited during
12 the year from the revenues in the applicable sinking fund for
13 the payment, at maturity or scheduled mandatory redemption, of
14 the principal of and interest on the related bonds or notes.
15 This excess shall at all times be available for use by the local
16 government unit for any lawful purpose and no contract with the
17 holders of bonds or notes shall provide to the contrary.
18 § 8222. Assessment fund.
19 If a local government unit issues bonds or notes as general
20 obligation bonds or guaranteed revenue bonds to provide funds
21 for and towards the cost of making permanent street, sidewalk,
22 water or sewer improvements or other assessable improvements,
23 and the cost is assessed against the properties benefited, the
24 assessments as collected shall be paid into a separate
25 assessment fund. Moneys to the credit of the assessment fund may
26 be used for any one or more of the following purposes in any
27 proportions and subject to any priorities set forth in the
28 ordinance incurring the debt:
29 (1) Payments to the sinking fund.
30 (2) Payment of the cost of such improvements.
19930S0838B0911 - 243 -
1 (3) Creation and maintenance of a revolving fund if
2 permitted by the laws governing the local government unit.
3 (4) Payment to the general fund or any other fund of the
4 local government unit.
5 The fund may be continued as a revolving fund, if permitted by
6 law, or discontinued at any time. Unless otherwise provided in
7 the ordinance incurring the debt, upon discontinuance of the
8 fund the proceeds of the assessments shall be used to pay any
9 bonds or notes remaining outstanding and to reimburse the
10 general fund of the local government unit for the moneys paid on
11 account of the bonds or notes.
12 § 8223. Duty of treasurer.
13 The treasurer of each local government unit shall deposit
14 into the applicable sinking fund or other fund the moneys to be
15 deposited therein pursuant to the pledge or covenant made or
16 adopted by the local government unit at the times and in the
17 amounts provided in the pledge or covenant or, if no pledge or
18 covenant has been made or adopted, as provided in the
19 appropriations made by the governing body. If no appropriation
20 of moneys has been made or if it appears that, as a result of
21 other expenditures, the appropriated revenues will not be
22 received in sufficient amounts in time to make either the
23 deposits required to be made for the payment of the taxes
24 assumed and the interest on and principal of general obligation
25 bonds and notes or the amount due on a guaranty of guaranteed
26 revenue bonds or notes or on a guaranty of any authority or
27 other local government unit obligation, the treasurer shall pay
28 into the applicable sinking fund or other fund that portion of
29 each receipt of tax moneys and other available revenues,
30 subject, in the case of a limited guaranty, to the terms
19930S0838B0911 - 244 -
1 thereof, as will result in the deposit of sufficient moneys in
2 the sinking fund or other fund to pay the taxes assumed and the
3 principal of the interest on the bonds or notes or to meet the
4 guaranty obligation of the local government unit as and when
5 they become due and payable. The governing body of a local
6 government unit may issue its tax anticipation notes under
7 Subchapter B of Chapter 81 (relating to tax anticipation notes
8 and funding debt) to provide all or any part of any moneys
9 needed for deposit in the sinking funds or other funds.
10 § 8224. Deposit and investment of moneys in sinking funds and
11 other funds.
12 (a) Deposit with financial institutions.--Any moneys in
13 sinking funds and other funds established by ordinance as
14 provided in this subpart, if not required for prompt
15 expenditure, may be deposited at interest in time accounts or
16 certificates of deposit of any bank or bank and trust company,
17 accounts with any savings bank or deposits in building and loan
18 associations or savings and loan associations. Moneys required
19 for prompt expenditure shall be held in demand deposits. To the
20 extent that the deposits or accounts are insured by the Federal
21 Deposit Insurance Corporation or the Federal Savings and Loan
22 Insurance Corporation, they need not be secured; otherwise, the
23 deposits shall be secured as public deposits whether or not
24 title, by virtue of the deposit with a fiscal agent or trustee
25 for bondholders, is in the fiscal agent or trustee, except that
26 moneys held by the fiscal agent, trustee or sinking fund
27 depository itself may be secured as trust funds.
28 (b) Investment in securities.--Any moneys in funds or
29 accounts not required for prompt expenditure and not deposited
30 at interest shall, to the extent practicable and reasonable, be
19930S0838B0911 - 245 -
1 invested in any securities in which the Commonwealth may, at the
2 time of investment, invest moneys of the Commonwealth not
3 required for prompt expenditure, subject to any stricter
4 requirements in any contract with the holders of bonds or notes
5 for which the particular fund or account was created or
6 maintained.
7 (c) Control of account.--All such deposits and investments
8 shall be in the name of the local government unit, but moneys
9 and investments in the sinking fund shall be subject to
10 withdrawal or collection only by the sinking fund depository for
11 proper purposes in accordance with this subpart.
12 (d) Disposition of income.--Income received from any deposit
13 or investment shall be a part of the fund or account invested
14 and may be applied if so desired by the local government unit in
15 reduction of or to complete any required deposits in the fund or
16 account.
17 (e) Combining accounts.--For the purposes of investment or
18 deposit at interest, all accounts in a sinking fund or other
19 accounts or funds established in respect of one or more series
20 of bonds or notes having the same depository may be combined,
21 and each combined account shall be entitled to its pro rata
22 share of each deposit or investment.
23 (f) Return of unclaimed moneys.--The sinking fund depository
24 shall return to the local government unit all moneys deposited
25 in a sinking fund for the payment of bonds, notes or coupons
26 which have not been claimed by the holders thereof after two
27 years from the date when payment is due, except where the funds
28 are held for the payment of outstanding checks, drafts or other
29 instruments of the sinking fund depository. This subsection or
30 any action taken under this subsection does not relieve the
19930S0838B0911 - 246 -
1 local government unit of its liability to the holders of
2 unpresented bonds, notes or coupons.
3 (g) Sale of investments.--Any investments of a sinking fund,
4 including bonds of the local government unit held therein, may
5 be sold at any time by the sinking fund depository if cash is
6 required for expenditure, or as directed by the managers of the
7 sinking fund, through any broker or dealer in securities, any
8 other law concerning dispositions of assets of a local
9 government unit to the contrary notwithstanding.
10 § 8225. Management of sinking and other funds.
11 The management and control of sinking and other funds, and
12 investments thereof, subject to the provisions of this subpart
13 shall be vested in the governing body of the local government
14 unit except:
15 (1) Where by any other law there has been created any
16 board or commission for the management and control of sinking
17 funds of a particular class of local government units, in
18 which case the board or commission shall have the management
19 and control of the sinking funds of the local government
20 units.
21 (2) To the extent otherwise lawfully provided in any
22 contract with the holders of bonds or notes.
23 § 8226. Inspection of sinking funds and orders to comply.
24 (a) General rule.--The department may from time to time
25 audit the sinking funds and all records pertaining thereto of
26 local government units which have any outstanding debt, except
27 those annually submitting to the department reports of their
28 sinking funds audited by an independent public accountant and
29 except for school districts of the first class or cities of the
30 second class and second class A.
19930S0838B0911 - 247 -
1 (b) Order to comply.--If such audit or reports disclose that
2 any local government unit has revised or neglected to establish
3 sinking funds as required by this subpart, or has failed to
4 provide sufficient moneys for any sinking fund to meet the
5 payments of assumed taxes, principal and interest to be made
6 therefrom, is not investing a sufficient amount of the sinking
7 fund moneys or is otherwise in violation of this subchapter, the
8 department shall make an order requiring the local government
9 unit or any officer thereof or the governing body to take any
10 steps as, in the opinion of the department, will cause the
11 sinking funds to comply with this subchapter or to be
12 sufficient.
13 (c) Mandamus to compel compliance with order.--In addition
14 to the criminal prosecutions provided for in Subchapter E
15 (relating to penalties) or, in lieu thereof, the department may
16 apply to the court for an order in mandamus to issue to the
17 officer or governing body of the local government unit to compel
18 compliance with the order of the department or with the order
19 with any modifications thereof as to the court may seem just and
20 proper.
21 § 8227. Sinking fund not required for small borrowings.
22 A local government unit may, but shall not be required to,
23 comply with the provisions of this subchapter in respect of
24 notes issued in compliance with section 8109 (relating to small
25 borrowing for capital purposes).
26 SUBCHAPTER C
27 REFUNDING OF DEBT
28 Sec.
29 8241. Power to refund.
30 8242. Treatment of costs upon refunding.
19930S0838B0911 - 248 -
1 8243. Limitation on extending term of debt by refunding.
2 8244. Effect of debt limits on refunding nonelectoral bonds
3 or notes or lease rental debt.
4 8245. Refunding of electoral debt.
5 8246. Procedure for authorization, sale, issue and approval
6 of refunding bonds or notes.
7 8247. Special limitation on refunding of funding debt.
8 8248. Approval of refunding by the electors.
9 8249. Refunding with bonds of another type.
10 8250. Use of proceeds of refunding bonds and when refunded
11 bonds are no longer deemed outstanding.
12 8251. Cessation of interest on called bonds or notes.
13 § 8241. Power to refund.
14 (a) General rule.--Subject to the provisions of the
15 outstanding bonds, notes or obligations evidencing lease rental
16 debt and subject to the provisions of this subchapter, a local
17 government unit may refund any outstanding debt, in whole or in
18 part, at any time and may refund any outstanding notes with
19 bonds or bonds with notes.
20 (b) Authorized purposes.--The refunding may be for any one
21 or more of the following purposes:
22 (1) Reducing total debt service over the life of the
23 series.
24 (2) Reducing the annual debt service in any particular
25 year or years, by extending the life of the issue subject to
26 the limitations imposed by section 8247 (relating to special
27 limitation on refunding of funding debt).
28 (3) Eliminating any covenant or restriction in, or
29 applicable to, any outstanding series or issue of bonds or
30 notes determined by the local government unit to be unduly
19930S0838B0911 - 249 -
1 burdensome or restrictive.
2 (4) Refunding any maturity or maturities or any portions
3 thereof to a later date subject to the limitations imposed by
4 section 8247.
5 (5) Substituting bonds for notes or bond anticipation
6 notes or substituting notes for bonds.
7 (6) Adjusting lease rentals upon refunding of lease
8 rental debt for any one or more of the foregoing purposes.
9 It is immaterial whether or not any such refunding under
10 paragraph (2), (3), (4) or (5) increases the total debt service
11 payable over the life of the series.
12 (c) Definition.--As used in this section, the term "refund"
13 and its variations shall mean the issuance and sale of
14 obligations the proceeds of which are used or are to be used for
15 the payment or redemption of outstanding obligations upon or
16 prior to maturity.
17 § 8242. Treatment of costs upon refunding.
18 (a) General rule.--In any refunding, a principal amount of
19 refunding bonds or notes or obligations evidencing lease rental
20 debt equal to the sum of the following:
21 (1) the call premium payable on the bonds, notes or
22 obligations being refunded;
23 (2) the discount allowed on the sale of the refunding
24 bonds, notes or obligations;
25 (3) any funds borrowed to pay interest on bonds, notes
26 or obligations being refunded; and
27 (4) the costs of issue and sale of the refunding bonds,
28 notes or obligations;
29 may be considered as interest on the refunding bonds, notes or
30 obligations and may be separately stated in all reporting of
19930S0838B0911 - 250 -
1 debt and in all computation of debt limits and, if so considered
2 and reported by the local government unit, shall not be
3 considered as electoral, nonelectoral or lease rental debt. In
4 subsequent debt statements, any such separately stated principal
5 amount of bonds, notes or obligations shall be reported as being
6 amortized in the same proportion as the series of which they are
7 a part.
8 (b) Comparison of debt service.--For the purpose of
9 computing whether savings are being effected, the comparison of
10 debt service which would be payable on the refunded bonds, notes
11 or obligations shall be with debt service on the refunding
12 bonds, notes or obligations without reference to the designation
13 of the costs in subsection (a)(1) through (4), adjusted in each
14 case by projected receipt of interest on invested funds of
15 excess revenues or application of reserves to make the
16 comparison reasonable and proper.
17 § 8243. Limitation on extending term of debt by refunding.
18 (a) General rule.--Subject to the terms of section 8247
19 (relating to special limitation on refunding of funding debt)
20 and to the terms of subsection (b), a local government unit
21 shall not extend the term of outstanding debt through refunding
22 to a maturity date that could not have been included in the
23 original issue, except in the case of an emergency refunding of
24 stated maturity date to avoid a default occasioned by an
25 unforeseen shortage in total revenues proven to the satisfaction
26 of the department upon petition, filed by the governing body of
27 the local government unit, alleging the emergency and the
28 unforeseen loss of revenues. Public notice of the intention to
29 file a petition shall be given by advertisement not less than
30 five nor more than 20 days before the filing thereof. The
19930S0838B0911 - 251 -
1 emergency refunding shall be made only in the amount and with
2 the stated maturity date or dates approved by the department.
3 The first maturity of a refunding issue need not occur until the
4 year after the last stated maturity date of the bonds not called
5 in the series being refunded.
6 (b) Increasing amount of principal payable.--Except in the
7 case of refundings for the purposes specified in section
8 8241(b)(1) and (5) (relating to power to refund) and except for
9 emergency refundings approved by the department, no refunding
10 bonds shall be issued which will increase the amount of
11 principal payable, after provision for earlier mandatory calls,
12 in any year or years after the latest stated maturity date of
13 the bonds being refunded, over the amount of the principal which
14 would have been payable on the bonds or notes originally issued
15 for the project in each such year if the original bonds or notes
16 had been structured on a 6% level annual debt service plan to
17 the last stated maturity date of the proposed refunding bonds,
18 computed to the nearest whole multiple of $5,000, as the amounts
19 shall be computed by a financial advisor, other qualified person
20 or public accountant.
21 § 8244. Effect of debt limits on refunding nonelectoral bonds
22 or notes or lease rental debt.
23 If any debt originally incurred was lawfully incurred and
24 issued and, at the time the debt was incurred, the portion
25 constituting nonelectoral debt or lease rental debt was within
26 the limitations imposed thereon by law, the issue of refunding
27 bonds or notes or the adjustment of lease rentals in respect of
28 the debt shall be lawful and valid, notwithstanding that the
29 aggregate of outstanding debt shall thereby exceed the then
30 applicable limitations set by section 8022 (relating to
19930S0838B0911 - 252 -
1 limitations on incurring of other debt), which limitations shall
2 be deemed increased but only to the extent necessary to
3 effectuate and amortize the refunding lawfully. Any portion of
4 the refunding bonds, notes or obligations may be excluded from
5 nonelectoral debt or lease rental debt, either as subsidized
6 debt or self-liquidating debt, in accordance with the procedure
7 provided in Subchapter B of Chapter 80 (relating to limitations
8 on debt of local government units).
9 § 8245. Refunding of electoral debt.
10 A local government unit may, by action of its governing body
11 and in accordance with the limitations of this subchapter,
12 refund any debt originally incurred as electoral debt. The
13 refunding bonds, notes or obligations so issued shall not
14 thereby be considered nonelectoral debt or lease rental debt for
15 any purpose.
16 § 8246. Procedure for authorization, sale, issue and approval
17 of refunding bonds or notes.
18 Bonds or notes issued for refunding purposes shall be
19 authorized, issued, sold, approved and settled and refunding of
20 lease rental debt shall be authorized and approved in the manner
21 provided in this subpart for the authorization, issue, sale and
22 approval of the original debt, subject to any additional
23 limitations provided in this subchapter. No refunding bonds or
24 notes shall be delivered to the purchasers thereof unless,
25 simultaneously therewith, the notes or bonds being refunded
26 become no longer outstanding in accordance with section 8250
27 (relating to use of proceeds of refunding bonds and when
28 refunded bonds are no longer deemed outstanding). No adjustment
29 in lease rentals shall be made unless appropriate provision for
30 the retirement of the outstanding lease rental debt has been
19930S0838B0911 - 253 -
1 made.
2 § 8247. Special limitation on refunding of funding debt.
3 A debt incurred for funding purposes pursuant to section 8130
4 (relating to approval by court to fund unfunded debt) or under
5 law in existence prior to July 12, 1972, shall not be refunded
6 except under section 8241(b)(1) (relating to power to refund)
7 until the refunding has been approved as necessary by the court
8 of common pleas. The approval shall be obtained by petition to
9 reopen the proceedings in which the funding debt was originally
10 incurred, and the court shall grant the petition if, after
11 hearing, the court is satisfied that the refunding is necessary
12 and is in the public interest. Public notice of the filing of
13 the petition shall be given by advertisement not less than five
14 nor more than 20 days before the filing thereof. All subsequent
15 proceedings in respect of the refunding of the funding debt
16 shall be taken in accordance with the provisions of this subpart
17 applicable to the incurring of the original debt. Bonds or notes
18 issued to refund funding debt shall be stated to mature at the
19 dates and in the amounts on each date as may be approved by the
20 court, notwithstanding any limitation on the term of funding
21 debt imposed elsewhere in this subpart.
22 § 8248. Approval of refunding by the electors.
23 The governing body of any local government unit may also
24 obtain the approval of the electors to any refunding of
25 nonelectoral or lease rental debt in the manner prescribed for
26 an original issue by Subchapter C of Chapter 80 (relating to
27 procedure for securing approval of electors) and may issue
28 general obligation bonds or guaranteed revenue bonds or incur
29 other obligations in the refunding if approved by the electors
30 regardless of the class of bonds, notes or obligations
19930S0838B0911 - 254 -
1 originally issued.
2 § 8249. Refunding with bonds of another type.
3 Subject to the limitations of section 8022 (relating to
4 limitations on incurring of other debt) or after a referendum
5 held pursuant to section 8248 (relating to approval of refunding
6 by the electors), the governing body of any local government
7 unit may for any purpose specified in section 8241 (relating to
8 power to refund) refund with its general obligation bonds or
9 notes or its guaranteed revenue bonds or notes all or any part
10 of any outstanding revenue bonds or notes or bonds, notes or
11 obligations of any authority or other local governmental unit
12 constituting lease rental debt of the local government unit or
13 may refund any outstanding revenue bonds or guaranteed revenue
14 bonds or notes with like bonds or notes. The local government
15 unit may also refund any general obligation or guaranteed
16 revenue bonds with its revenue bonds, by the incurring of lease
17 rental debt or by guaranteeing the obligations of an authority.
18 § 8250. Use of proceeds of refunding bonds and when refunded
19 bonds are no longer deemed outstanding.
20 (a) General rule.--The proceeds of refunding bonds, together
21 with any other moneys made available for the purpose, shall be
22 used solely for the purpose of retiring the bonds being refunded
23 and for the purpose of paying the costs of the refunding.
24 (b) When obligations no longer deemed outstanding.--Any
25 bonds or notes to be redeemed or paid shall no longer be deemed
26 to be outstanding for the purpose of determining the net debt of
27 the local government unit or for the purposes of any indenture
28 limitations on repledging revenues when the local government
29 unit has irrevocably deposited with a bank or bank and trust
30 company in a sufficient amount:
19930S0838B0911 - 255 -
1 (1) Moneys.
2 (2) Noncallable securities of the Federal Government or
3 of the Commonwealth maturing or payable at par at the option
4 of the holders at or prior to the dates needed for
5 disbursement.
6 (3) Time deposits or certificates of deposit, with a
7 firm rate of interest or stated minimum rate of interest,
8 issued by a bank or bank and trust company and insured or
9 adequately secured as required by section 8224 (relating to
10 deposit and investment of moneys in sinking funds and other
11 funds).
12 (4) Any combination of the foregoing.
13 (c) Deposits equal to principal and interest.--Subject to
14 any relevant contrary law or regulation, the amount deposited
15 may be equal to the principal and interest to become due on the
16 bonds or notes being refunded to the date on which the bonds or
17 notes are stated to mature or any lesser amount computed in
18 accordance with the provisions of subsection (d).
19 (d) Test of sufficiency.--The deposited amount shall be
20 sufficient when it, together with the interest to be earned
21 thereon, will equal the principal, premium and interest to
22 become due on the bonds or notes being refunded to the earlier
23 of the date at which any bonds or notes are stated to mature, or
24 have been called for prior redemption, except that the local
25 government unit shall simultaneously have given the bank or bank
26 and trust company instructions and authority, stated to be
27 irrevocable, to publish any notices of redemption remaining to
28 be published.
29 (e) Irrevocable call for redemption.--When stated to be
30 irrevocable, the instructions and authority to call bonds or
19930S0838B0911 - 256 -
1 notes for redemption shall become irrevocable upon the delivery
2 thereof, or upon the deposit of the moneys or securities in a
3 sufficient amount to effect the redemption, whichever occurs
4 later. Until the irrevocability has occurred, a call for
5 redemption may be revoked by notice given in the same manner as
6 the notice of redemption.
7 § 8251. Cessation of interest on called bonds or notes.
8 Upon the date fixed for redemption, if the irrevocable
9 deposit has been made and the required notice of the redemption
10 has been given, no further interest on the bonds or notes so
11 called for redemption shall accrue. This subchapter does not
12 relieve the issuing local government unit of its obligation to
13 see that the holders of the bonds or notes called for redemption
14 are paid in full on the date fixed for redemption. From and
15 after that date, if the irrevocable deposit was made at the
16 proper amount on that date, the holders of bonds or notes called
17 for redemption shall have no rights against the local government
18 unit except to receive payment from the deposited funds or from
19 the local government unit to the extent of the moneys returned
20 to it pursuant to section 8224(f) (relating to deposit and
21 investment of moneys in sinking funds and other funds).
22 SUBCHAPTER D
23 REMEDIES
24 Sec.
25 8261. Failure to budget debt service.
26 8262. Failure to pay principal or interest.
27 8263. Trustee for bondholders.
28 8264. Receiver for revenue projects.
29 8265. Costs of suits or proceedings.
30 8266. Distribution of moneys realized for bondholders.
19930S0838B0911 - 257 -
1 § 8261. Failure to budget debt service.
2 If a local government unit having outstanding any general
3 obligation bonds or notes or guaranteed revenue bonds or notes,
4 lease rental debt or guaranty of authority obligations fails or
5 refuses to make adequate provision in its budget for any fiscal
6 year for the sums payable in respect of the bonds or notes,
7 lease rental or guaranty in the year or fails to appropriate or
8 pay the moneys necessary in that year for the payment of the
9 amount of the lease rental or guaranty, as the case may be, of
10 the maturing principal of and the interest on the bonds or notes
11 or any of them, or any tax anticipation notes, or any sinking
12 fund obligation for the bonds or notes or tax anticipation
13 notes, or guaranty or the lease rental payment coming due in the
14 fiscal year of the budget or for which the appropriations or
15 payments should have been made, then at the suit of the holder
16 of any bond, note or tax anticipation note or coupon or
17 guaranty, or the holder of any authority obligation secured by a
18 lease evidencing the acquisition of a capital asset or of any
19 taxpayer of the local government unit, the court of common pleas
20 shall, after a hearing held upon such notice to the local
21 government unit as the court may direct and upon a finding of
22 such failure or neglect, by order of mandamus require the
23 treasurer of the local government unit to pay into the sinking
24 fund for each series of bonds or notes then outstanding, or for
25 each guaranty or lease rental payment, the first tax moneys or
26 other available revenues or moneys thereafter received in the
27 fiscal year by the treasurer, equally and ratably for each
28 series for which provision has not been made in proportion to
29 debt service for the year on each series then outstanding, or
30 the amounts due upon guaranties or as payments with respect to
19930S0838B0911 - 258 -
1 lease rental debt, as the case may be. Any priority on incoming
2 tax moneys accorded to a separate sinking fund for tax
3 anticipation notes under the authority of section 8125 (relating
4 to security for tax anticipation notes and sinking fund) shall
5 not be affected by this provision until the sum on deposit in
6 each sinking fund equals the moneys that should have been
7 budgeted or appropriated for each series.
8 § 8262. Failure to pay principal or interest.
9 (a) General rule.--If a local government unit fails or
10 neglects to pay the interest or principal on any of its general
11 obligation bonds or notes or tax anticipation notes as the same
12 becomes due and payable, whether at the stated maturity date or
13 upon an unrevoked call for prior redemption, or to perform its
14 payment obligations with respect to any lease rental debt or
15 guaranteed revenue bonds or notes, and the failure continues for
16 30 days, the holder thereof may, subject to priorities created
17 under sections 8125 (relating to security for tax anticipation
18 notes and sinking fund), 8261 (relating to failure to budget
19 debt service) and 8263 (relating to trustee for bondholders) and
20 to any limitations upon individual rights of action properly
21 provided in the bond ordinance or any indenture, recover the
22 amount due in an action in the court of common pleas. The
23 judgment recovered shall have an appropriate priority upon the
24 moneys next coming into the treasury of the local government
25 unit and shall be a judgment upon which funding bonds may be
26 issued pursuant to Subchapter B of Chapter 81 (relating to tax
27 anticipation notes and funding debt).
28 (b) Revenue bonds and notes.--If a local government unit
29 fails or neglects to pay or cause to be paid the principal of or
30 the interest upon any revenue bond or note as the same shall
19930S0838B0911 - 259 -
1 become due, whether at the stated maturity or upon call for
2 prior redemption, the holder thereof may, subject to priorities
3 created under sections 8125, 8262 (relating to failure to pay
4 principal or interest) and 8263 and to any limitations upon
5 individual rights of action properly provided in the bond
6 ordinance or any indenture, recover the amount due in an action
7 in the court of common pleas but the judgment shall be limited
8 to payment out of the assessments, revenues, rates, rents, tolls
9 and charges from the project which are pledged for the payment
10 of the bonds or notes.
11 § 8263. Trustee for bondholders.
12 (a) Appointment.--Notwithstanding any provision in the bonds
13 or notes or in any authorizing ordinance, if a local government
14 unit defaults in the payment of the principal of or the interest
15 on any series of bonds or notes after it becomes due, whether at
16 the stated maturity or upon call for prior redemption, and the
17 default continues for 30 days, or if the local government unit
18 fails to comply with any provision of the bonds or notes, or in
19 any authorizing resolution or indenture of trust, the holders of
20 25% in aggregate principal amount of the bonds or notes of the
21 series then outstanding, by an instrument or instruments filed
22 in the office of the recorder of deeds in the county in which
23 the local government unit is located, signed and acknowledged as
24 a deed to be recorded, may appoint a trustee, who may be the
25 sinking fund depository, to represent the holders of all the
26 bonds or notes, and the representation shall be exclusive for
27 the purposes provided in this section.
28 (b) Powers and duties.--The trustee may and, upon written
29 request of the holders of 25% in principal amount of the bonds
30 or notes then outstanding and upon being furnished with
19930S0838B0911 - 260 -
1 indemnity satisfactory to it, shall, in his or its own name take
2 one or more of the following actions, and the taking of such
3 action shall preclude similar action whether previously or
4 subsequently initiated by individual holders of bonds or notes:
5 (1) By mandamus or other proceeding at law or in equity,
6 enforce all rights of the holders of the bonds or notes,
7 including, in the case of revenue or guaranteed revenue
8 obligations, the right to require the local government unit
9 to:
10 (i) impose and collect rents, rates, tolls and
11 charges adequate to carry out any agreement or covenant
12 as to, or pledge of, the rents, rates, tolls or charges,
13 for the use of the project or projects financed by the
14 bonds or notes; or
15 (ii) carry out any other agreements with the holders
16 of the bonds or notes.
17 (2) Bring suit on the bonds or notes without the
18 necessity for producing the bonds or notes, and with the same
19 effect as a suit by any holder.
20 (3) In the case of revenue or guaranteed revenue bonds
21 or notes, require the local government unit to account, as if
22 it were the trustee of an express trust for the holders of
23 the bonds or notes, for any pledged revenues received.
24 (4) In the case of general obligation bonds or notes,
25 petition the court to levy, after a hearing upon such notice
26 to the owners of assessable real estate as the court may
27 prescribe, the amount due before or after the exercise of any
28 right of acceleration on the bonds or notes, plus estimated
29 costs of collection as an assessment upon the properties
30 benefited by the improvement pursuant to the front-foot rule
19930S0838B0911 - 261 -
1 if the project is an assessable improvement, otherwise upon
2 all taxable real estate and other property subject to ad
3 valorem taxation in the local government unit, in proportion
4 to the value thereof as assessed for tax purposes, and the
5 trustee may collect or cause the local government unit to
6 collect such assessments as by foreclosure of a mortgage or
7 security interest on the realty or other property if not paid
8 on demand.
9 (5) In the case of guaranteed revenue bonds or notes or
10 a guarantee of authority obligations or unpaid lease rentals
11 under leases evidencing the acquisition of capital assets, to
12 petition the court to levy, after hearing upon the notice to
13 the owners of assessable real estate and other property
14 subject to ad valorem taxation as the court may prescribe,
15 the amount due on the guaranty or under the lease plus
16 estimated costs of collection as an annual assessment for the
17 current and future years upon all taxable real estate and
18 other properties subject to ad valorem taxation in the local
19 government unit in proportion to the value thereof as
20 assessed for tax purposes, and the trustee may collect or
21 cause the local government unit to collect the assessments as
22 by foreclosure of a mortgage or security interest on the
23 realty or other property if not paid on demand. The levy
24 shall bear interest, until paid, at a rate sufficient to
25 cover accruing interest on the bonds or notes.
26 (6) By suit in equity, enjoin any acts or things which
27 may be unlawful or in violation of the rights of the holders
28 of the bonds, notes, guaranty or authority obligations under
29 a lease evidencing the acquisition of capital assets.
30 (7) After 30 days' prior written notice to the local
19930S0838B0911 - 262 -
1 government unit and subject to any limitations in the bond
2 ordinance or relevant indenture, declare the unpaid principal
3 of all the bonds or notes to be immediately due and payable
4 with interest at the rates stated in the bonds until final
5 payment. If all defaults are made good, the trustee may annul
6 the declaration and its consequences.
7 Any assessment levied pursuant to paragraphs (4) and (5) shall
8 have the same priority and preference as to other liens or
9 mortgages on the real estate or security interests in fixtures
10 thereon or other property as a lien for unpaid taxes.
11 (c) Installment payments.--The court of common pleas in
12 cases of extreme hardship may provide for the payment of sums
13 levied in five or fewer annual installments with interest at a
14 rate sufficient to cover the interest accruing on the bonds or
15 notes.
16 (d) Trustee or fiscal agent under original issue.--If a
17 trustee or fiscal agent for the bondholders or noteholders was
18 appointed in connection with the original issue of the bonds or
19 notes and is willing to serve and exercise the powers conferred
20 upon a trustee appointed by this section, the trustee appointed
21 in the manner provided in this section shall have the powers set
22 forth unless the appointment under this section was executed by
23 or pursuant to the authority of the holders of a principal
24 amount of the bonds or notes sufficient to remove the originally
25 appointed trustee or fiscal agent.
26 § 8264. Receiver for revenue projects.
27 (a) Appointment.--A trustee for the holders of defaulted
28 bonds or notes, whether or not the series of bonds represented
29 by the trustee has been declared to be and has become
30 immediately due and payable, shall be entitled as of right to
19930S0838B0911 - 263 -
1 the appointment, by the court of common pleas, of a receiver of
2 all or any part or parts of a project or the projects, the
3 rents, rates, revenues, tolls and charges of which are pledged
4 for the security of the bonds or notes of the series.
5 (b) Powers and duties.--Except as otherwise provided in this
6 section, the receiver may not sell, assign, mortgage or
7 otherwise dispose of, but may enter and take possession of, the
8 project or projects or part or parts thereof and, subject to the
9 equal or prior rights of the holders of any other series of
10 bonds or notes, shall take possession of all moneys and other
11 property derived from or applicable to the construction,
12 operation, maintenance, repair and reconstruction of the project
13 or projects or parts thereof. The receiver may thereafter
14 proceed with any construction or other work thereon which the
15 local government unit is under obligation to do. The receiver
16 may operate, maintain, repair and reconstruct the project or
17 projects or parts thereof and collect and receive all rents,
18 rates, receipts, tolls, other charges and revenues arising
19 therefrom, subject to the equal or prior rights of the holders
20 of any other series of bonds or notes therein. As part of his
21 power to operate and maintain a project, the receiver may sell
22 or otherwise dispose of equipment which is no longer used or
23 usable by the project. The receiver shall perform the public
24 duties and carry out the lawful agreements and obligations of
25 the local government unit with respect to the project or
26 projects or parts thereof, all under the direction of the court,
27 but shall not perform any essential governmental functions.
28 § 8265. Costs of suits or proceedings.
29 In any suit, action or proceeding by or on behalf of the
30 holders of defaulted bonds or notes of a local government unit
19930S0838B0911 - 264 -
1 brought under this subpart, the fees and expenses of a trustee
2 or receiver, including operating costs of a project and
3 reasonable counsel fees, shall constitute taxable costs, and all
4 costs and disbursements allowed by the court shall be deemed
5 additional principal due on the bonds or notes and shall be paid
6 in full from any recovery prior to any distribution to the
7 holders of the bonds or notes.
8 § 8266. Distribution of moneys realized for bondholders.
9 Moneys or funds collected for the holders of defaulted bonds
10 or notes entitled to share equally and ratably therein shall,
11 after the payment of costs and fees as provided in section 8265
12 (relating to costs of suits or proceedings), be applied by the
13 trustee or receiver, unless the terms of the bonds or notes
14 provide otherwise, as follows:
15 (1) Unless the principal of all of the bonds or notes
16 represented has become or has been declared due and payable:
17 (i) To the payment to the persons entitled thereto
18 of all installments of interest then due in the order of
19 the stated maturity dates of the installments of the
20 interest and, if the amount available is not sufficient
21 to pay any installment in full, then to the payment
22 ratably, according to the amounts due on the installment,
23 to the persons entitled thereto, without any
24 discrimination or preference except as to any difference
25 in the respective rates of interest expressed in the
26 bonds or notes or coupons for interest.
27 (ii) To the payment to the persons entitled thereto
28 of the unpaid principal of any bonds or notes which has
29 become due, whether at stated maturity dates or by call
30 for redemption, in the order of their respective due
19930S0838B0911 - 265 -
1 dates and, if the amount available is not sufficient to
2 pay in full all the bonds or notes due on any date, then
3 to the payment ratably, according to the amounts of
4 principal due on the dates, to the persons entitled
5 thereto without any discrimination or preference.
6 (2) If the principal of all of the bonds or notes
7 entitled to share equally in the moneys has become or has
8 been declared due and payable, to the payment of the
9 principal and interest then due and unpaid upon the bonds or
10 notes without preference or priority of principal over
11 interest or interest over principal, or of any installment of
12 interest over any other installment of interest, or of any
13 bond or note over any other bond or note, ratably according
14 to the amounts due respectively for principal and interest,
15 to the persons entitled thereto without any discrimination or
16 preference except as to any difference in the respective
17 rates of interest specified in the bonds, notes and coupons.
18 (3) If more than one series is involved and the
19 principal of all bonds or notes of one or more series has
20 become or has been declared due and payable, and that if one
21 or more others has not, the funds available shall be
22 apportioned to each series according to the respective
23 amounts of principal of each series then outstanding less, as
24 to each series any amounts held earmarked for the series, and
25 distribution to the holders of the bonds, notes and coupons
26 of each series shall be made according to whichever of
27 paragraphs (1) and (2) may be applicable.
28 SUBCHAPTER E
29 PENALTIES
30 Sec.
19930S0838B0911 - 266 -
1 8271. Failure to obey sinking fund directive of department.
2 § 8271. Failure to obey sinking fund directive of department.
3 Any officer or any member of the governing body of any local
4 government unit who refuses or neglects to obey any order of the
5 department made under Subchapter B (relating to sinking funds
6 and other funds and accounts) concerning sinking funds or who
7 refuses to furnish requested information required by the
8 department, or refuses agents of the department access to any
9 books, records or documents relating to sinking funds, commits a
10 misdemeanor of the third degree and shall, upon conviction, be
11 sentenced to pay a fine not more than $500 for each day of
12 violation.
13 Section 2. (a) The following acts and parts of acts are
14 repealed:
15 Act of May 29, 1956 (1955 P.L.1845, No.611), known as the
16 Regional Planning Law.
17 Act of July 28, 1959 (P.L.579, No.188), entitled "An act to
18 authorize political subdivisions of this Commonwealth to
19 establish an emergency temporary location or locations for their
20 seats of government and to exercise governmental powers and
21 functions thereat."
22 Act of November 30, 1967 (P.L.658, No.305), known as the
23 Business Improvement District Act of 1967.
24 Act of January 18, 1968 (1967 P.L.961, No.428), known as the
25 Municipal Records Act.
26 Act of March 16, 1972 (P.L.108, No.39), known as the
27 Environmental Improvement Compact.
28 Act of April 13, 1972 (P.L.184, No.62), known as the Home
29 Rule Charter and Optional Plans Law.
30 Act of July 12, 1972 (P.L.762, No.180), referred to as the
19930S0838B0911 - 267 -
1 Intergovernmental Cooperation Law.
2 Act of July 12, 1972 (P.L.781, No.185), known as the Local
3 Government Unit Debt Act.
4 Act of December 21, 1973 (P.L.425, No.148), referred to as
5 the Municipal Environmental Advisory Council Law.
6 Act of June 18, 1974 (P.L.359, No.120), referred to as the
7 Municipal Police Education and Training Law.
8 Act of December 13, 1974 (P.L.947, No.312), known as the
9 Municipal Reapportionment Act.
10 (b) The act of October 23, 1959 (P.L.1369, No.474), known as
11 the Emergency Interim Executive and Judicial Succession Act of
12 1959, is repealed as to political subdivisions.
13 Section 3. This act shall take effect in 60 days.
19930S0838B0911 - 268 -
1 SOURCE TABLE
2 PROPOSED GENERAL LOCAL GOVERNMENT CODE
3 PREPARED BY THE JOINT STATE GOVERNMENT COMMISSION
4 ----------------------------------------------------------------
5 Proposed GLGC P.L. Citation Section Purdon's Citation
6 ----------------------------------------------------------------
7 53 Pa.C.S. 901 1974-947-312 1 53 P.S. 11601
8 53 Pa.C.S. 902 1974-947-312 2 53 P.S. 11602
9 53 Pa.C.S. 903 1974-947-312 3 53 P.S. 11603
10 53 Pa.C.S. 904 1974-947-312 4 53 P.S. 11604
11 53 Pa.C.S. 905 1974-947-312 5 53 P.S. 11605
12 53 Pa.C.S. 906 1974-947-312 6 53 P.S. 11606
13 53 Pa.C.S. 907 1974-947-312 7 53 P.S. 11607
14 53 Pa.C.S. 908 1974-947-312 8 53 P.S. 11608
15 53 Pa.C.S. 1121 New None
16 53 Pa.C.S. 1122 1959-579-188 1 71 P.S. 777.1
17 53 Pa.C.S. 1123 1959-579-188 2 71 P.S. 777.2
18 53 Pa.C.S. 1124 1959-579-188 3 71 P.S. 777.3
19 53 Pa.C.S. 1131 1959-1369-474 1 71 P.S. 779.1
20 53 Pa.C.S. 1132 1959-1369-474 2 71 P.S. 779.2
21 53 Pa.C.S. 1133 1959-1369-474 3 71 P.S. 779.3
22 53 Pa.C.S. 1134 1959-1369-474 6 71 P.S. 779.6
23 53 Pa.C.S. 1135 1959-1369-474 7 71 P.S. 779.7
24 53 Pa.C.S. 1136 1959-1369-474 9 71 P.S. 779.9
25 53 Pa.C.S. 1137 1959-1369-474 10 71 P.S. 779.10
26 53 Pa.C.S. 1138 1959-1369-474 11 71 P.S. 779.11
27 53 Pa.C.S. 1381 1968(1967)-961-428 1 53 P.S. 9001
28 53 Pa.C.S. 1382 1968(1967)-961-428 2 53 P.S. 9002
29 53 Pa.C.S. 1383 1968(1967)-961-428 3 53 P.S. 9003
30 53 Pa.C.S. 1384 1968(1967)-961-428 4 53 P.S. 9004
31 53 Pa.C.S. 1385 1968(1967)-961-428 5 53 P.S. 9005
32 53 Pa.C.S. 1386 1968(1967)-961-428 6 53 P.S. 9006
33 53 Pa.C.S. 1387 1968(1967)-961-428 7 53 P.S. 9007
34 53 Pa.C.S. 1388 1968(1967)-961-428 8 53 P.S. 9008
35 53 Pa.C.S. 1389 1968(1967)-961-428 9 53 P.S. 9009
36 53 Pa.C.S. 2161 1974-359-120 1 53 P.S. 740
37 53 Pa.C.S. 2162 1974-359-120 2 53 P.S. 741
38 53 Pa.C.S. 2163 1974-359-120 4 53 P.S. 743
39 53 Pa.C.S. 2164 1974-359-120 5 53 P.S. 744
40 53 Pa.C.S. 2165 1974-359-120 7 53 P.S. 746
41 53 Pa.C.S. 2166 1974-359-120 8 53 P.S. 747
42 53 Pa.C.S. 2167 1974-359-120 9 53 P.S. 748
43 53 Pa.C.S. 2168 1974-359-120 9.1 53 P.S. 748.1
44 53 Pa.C.S. 2169 1974-359-120 9.2 53 P.S. 748.2
45 53 Pa.C.S. 2170 1974-359-120 10 53 P.S. 749
46 53 Pa.C.S. 2301 1972-762-180 1 53 P.S. 481
47 53 Pa.C.S. 2302 1972-762-180 2 53 P.S. 482
48 53 Pa.C.S. 2303 1972-762-180 3 53 P.S. 483
49 53 Pa.C.S. 2304 1972-762-180 4 53 P.S. 484
50 53 Pa.C.S. 2305 1972-762-180 5 53 P.S. 485
51 53 Pa.C.S. 2306 1972-762-180 6 53 P.S. 486
52 53 Pa.C.S. 2307 1972-762-180 7 53 P.S. 487
53 53 Pa.C.S. 2308 1972-762-180 7.1 53 P.S. 487.1
54 53 Pa.C.S. 2309 1972-762-180 7.2 53 P.S. 487.2
55 53 Pa.C.S. 2310 1972-762-180 7.3 53 P.S. 487.3
56 53 Pa.C.S. 2311 1972-762-180 7.4 None
57 53 Pa.C.S. 2312 1972-762-180 7.5 None
58 53 Pa.C.S. 2313 1972-762-180 7.6 None
19930S0838B0911 - 269 -
1 53 Pa.C.S. 2314 1972-762-180 8 53 P.S. 488
2 53 Pa.C.S. 2315 1972-762-180 9 53 P.S. 489
3 53 Pa.C.S. 2321 New None
4 53 Pa.C.S. 2322 1973-425-148 1 53 P.S. 11501
5 53 Pa.c.S. 2323 1973-425-148 2 53 P.S. 11502
6 53 Pa.C.S. 2324 1973-425-148 3 53 P.S. 11503
7 53 Pa.C.S. 2325 1973-425-148 4 53 P.S. 11504
8 53 Pa.C.S. 2326 1973-425-148 5 53 P.S. 11505
9 53 Pa.C.S. 2327 1973-425-148 6 53 P.S. 11506
10 53 Pa.C.S. 2328 1973-425-148 7 53 P.S. 11507
11 53 Pa.C.S. 2329 1973-425-148 8 53 P.S. 11508
12 53 Pa.C.S. 2341 1955-1845-611 101 53 P.S. 491
13 53 Pa.C.S. 2342 1955-1845-611 102 53 P.S. 492
14 53 Pa.C.S. 2343 1955-1845-611 201 53 P.S. 493
15 53 Pa.C.S. 2344 1955-1845-611 202 53 P.S. 494
16 53 Pa.C.S. 2345 1955-1845-611 203 53 P.S. 495
17 53 Pa.C.S. 2346 1955-1845-611 204 53 P.S. 496
18 53 Pa.C.S. 2347 1955-1845-611 205 53 P.S. 497
19 53 Pa.C.S. 2348 1955-1845-611 206 53 P.S. 498
20 53 Pa.C.S. 2501 1972-108-39 101 53 P.S. 11400-101
21 53 Pa.C.S. 2502 1972-108-39 102 53 P.S. 11400-102
22 53 Pa.C.S. 2511 1972-108-39 201 53 P.S. 11400-201
23 53 Pa.C.S. 2512 1972-108-39 202 53 P.S. 11400-202
24 53 Pa.C.S. 2513 1972-108-39 203 53 P.S. 11400-203
25 53 Pa.C.S. 2514 1972-108-39 204 53 P.S. 11400-204
26 53 Pa.C.S. 2515 1972-108-39 205 53 P.S. 11400-205
27 53 Pa.C.S. 2521 1972-108-39 301 53 P.S. 11400-301
28 53 Pa.C.S. 2522 1972-108-39 302 53 P.S. 11400-302
29 53 Pa.C.S. 2523 1972-108-39 303 53 P.S. 11400-303
30 53 Pa.C.S. 2531 1972-108-39 401 53 P.S. 11400-401
31 53 Pa.C.S. 2532 1972-108-39 402 53 P.S. 11400-402
32 53 Pa.C.S. 2533 1972-108-39 403 53 P.S. 11400-403
33 53 Pa.C.S. 2534 1972-108-39 404 53 P.S. 11400-404
34 53 Pa.C.S. 2535 1972-108-39 405 53 P.S. 11400-405
35 53 Pa.C.S. 2536 1972-108-39 406 53 P.S. 11400-406
36 53 Pa.C.S. 2541 1972-108-39 501 53 P.S. 11400-501
37 53 Pa.C.S. 2542 1972-108-39 502 53 P.S. 11400-502
38 53 Pa.C.S. 2543 1972-108-39 503 53 P.S. 11400-503
39 53 Pa.C.S. 2551 1972-108-39 601 53 P.S. 11400-601
40 53 Pa.C.S. 2552 1972-108-39 602 53 P.S. 11400-602
41 53 Pa.C.S. 2553 1972-108-39 603 53 P.S. 11400-603
42 53 Pa.C.S. 2554 1972-108-39 604 53 P.S. 11400-604
43 53 Pa.C.S. 2555 1972-108-39 605 53 P.S. 11400-605
44 53 Pa.C.S. 2901 1972-184-62 101 53 P.S. 1-101
45 53 Pa.C.S. 2902 1972-184-62 102 53 P.S. 1-102
46 53 Pa.C.S. 2911 1972-184-62 201 53 P.S. 1-201
47 53 Pa.C.S. 2912 1972-184-62 202 53 P.S. 1-202
48 53 Pa.C.S. 2913 1972-184-62 203 53 P.S. 1-203
49 53 Pa.C.S. 2914 1972-184-62 204 53 P.S. 1-204
50 53 Pa.C.S. 2915 1972-184-62 204.1 53 P.S. 1-204.1
51 53 Pa.C.S. 2916 1972-184-62 205 53 P.S. 1-205
52 53 Pa.C.S. 2917 1972-184-62 206 53 P.S. 1-206
53 53 Pa.C.S. 2918 1972-184-62 207 53 P.S. 1-207
54 53 Pa.C.S. 2919 1972-184-62 208 53 P.S. 1-208
55 53 Pa.C.S. 2920 1972-184-62 209 53 P.S. 1-209
56 53 Pa.C.S. 2921 1972-184-62 210 53 P.S. 1-210
57 53 Pa.C.S. 2922 1972-184-62 211 53 P.S. 1-211
58 53 Pa.C.S. 2923 1972-184-62 212 53 P.S. 1-212
59 53 Pa.C.S. 2924 1972-184-62 213 53 P.S. 1-213
19930S0838B0911 - 270 -
1 53 Pa.C.S. 2925 1972-184-62 214 53 P.S. 1-214
2 53 Pa.C.S. 2926 1972-184-62 215 53 P.S. 1-215
3 53 Pa.C.S. 2927 1972-184-62 216 53 P.S. 1-216
4 53 Pa.C.S. 2928 1972-184-62 217 53 P.S. 1-217
5 53 Pa.C.S. 2929 1972-184-62 218 53 P.S. 1-218
6 53 Pa.C.S. 2930 1972-184-62 219 53 P.S. 1-219
7 53 Pa.C.S. 2941 1972-184-62 221 53 P.S. 1-221
8 53 Pa.C.S. 2942 1972-184-62 231 53 P.S. 1-231
9 53 Pa.C.S. 2943 1972-184-62 232 53 P.S. 1-232
10 53 Pa.C.S. 2944 1972-184-62 233 53 P.S. 1-233
11 53 Pa.C.S. 2951 1972-184-62 241 53 P.S. 1-241
12 53 Pa.C.S. 2952 1972-184-62 242 53 P.S. 1-242
13 53 Pa.C.S. 2961 1972-184-62 301 53 P.S. 1-301
14 53 Pa.C.S. 2962 1972-184-62 302 53 P.S. 1-302
15 53 Pa.C.S. 2963 1972-184-62 303 53 P.S. 1-303
16 53 Pa.C.S. 2964 1972-184-62 304 53 P.S. 1-304
17 53 Pa.C.S. 2965 1972-184-62 305 53 P.S. 1-305
18 53 Pa.C.S. 2966 1972-184-62 306 53 P.S. 1-306
19 53 Pa.C.S. 2967 1972-184-62 307 53 P.S. 1-307
20 53 Pa.C.S. 2971 1972-184-62 401 53 P.S. 1-401
21 53 Pa.C.S. 2972 1972-184-62 402 53 P.S. 1-402
22 53 Pa.C.S. 2973 1972-184-62 403 53 P.S. 1-403
23 53 Pa.C.S. 2974 1972-184-62 404 53 P.S. 1-404
24 53 Pa.C.S. 2981 1972-184-62 1302 53 P.S. 1-1302
25 53 Pa.C.S. 2982 1972-184-62 1303 53 P.S. 1-1303
26 53 Pa.C.S. 2983 1972-184-62 1304 53 P.S. 1-1304
27 53 Pa.C.S. 2984 1972-184-62 1305 53 P.S. 1-1305
28 53 Pa.C.S. 3001 1972-184-62 501 53 P.S. 1-501
29 53 Pa.C.S. 3002 1972-184-62 502 53 P.S. 1-502
30 53 Pa.C.S. 3003 1972-184-62 503 53 P.S. 1-503
31 53 Pa.C.S. 3004 1972-184-62 504 53 P.S. 1-504
32 53 Pa.C.S. 3005 1972-184-62 505 53 P.S. 1-505
33 53 Pa.C.S. 3006 1972-184-62 511 53 P.S. 1-511
34 53 Pa.C.S. 3007 1972-184-62 512 53 P.S. 1-512
35 53 Pa.C.S. 3008 1972-184-62 513 53 P.S. 1-513
36 53 Pa.C.S. 3009 1972-184-62 514 53 P.S. 1-514
37 53 Pa.C.S. 3010 1972-184-62 521 53 P.S. 1-521
38 53 Pa.C.S. 3011 1972-184-62 522 53 P.S. 1-522
39 53 Pa.C.S. 3012 1972-184-62 523 53 P.S. 1-523
40 53 Pa.C.S. 3013 1972-184-62 524 53 P.S. 1-524
41 53 Pa.C.S. 3014 1972-184-62 525 53 P.S. 1-525
42 53 Pa.C.S. 3015 1972-184-62 531 53 P.S. 1-531
43 53 Pa.C.S. 3016 1972-184-62 532 53 P.S. 1-532
44 53 Pa.C.S. 3017 1972-184-62 533 53 P.S. 1-533
45 53 Pa.C.S. 3018 1972-184-62 534 53 P.S. 1-534
46 53 Pa.C.S. 3031 1972-184-62 601 53 P.S. 1-601
47 53 Pa.C.S. 3032 1972-184-62 602 53 P.S. 1-602
48 53 Pa.C.S. 3033 1972-184-62 603 53 P.S. 1-603
49 53 Pa.C.S. 3041 1972-184-62 701 53 P.S. 1-701
50 53 Pa.C.S. 3042 1972-184-62 702 53 P.S. 1-702
51 53 Pa.C.S. 3043 1972-184-62 703 53 P.S. 1-703
52 53 Pa.C.S. 3051 1972-184-62 801 53 P.S. 1-801
53 53 Pa.C.S. 3052 1972-184-62 802 53 P.S. 1-802
54 53 Pa.C.S. 3053 1972-184-62 803 53 P.S. 1-803
55 53 Pa.C.S. 3054 1972-184-62 804 53 P.S. 1-804
56 53 Pa.C.S. 3055 1972-184-62 805 53 P.S. 1-805
57 53 Pa.C.S. 3056 1972-184-62 811 53 P.S. 1-811
58 53 Pa.C.S. 3057 1972-184-62 812 53 P.S. 1-812
59 53 Pa.C.S. 3058 1972-184-62 813 53 P.S. 1-813
19930S0838B0911 - 271 -
1 53 Pa.C.S. 3059 1972-184-62 821 53 P.S. 1-821
2 53 Pa.C.S. 3060 1972-184-62 822 53 P.S. 1-822
3 53 Pa.C.S. 3061 1972-184-62 823 53 P.S. 1-823
4 53 Pa.C.S. 3062 1972-184-62 824 53 P.S. 1-824
5 53 Pa.C.S. 3063 1972-184-62 825 53 P.S. 1-825
6 53 Pa.C.S. 3064 1972-184-62 826 53 P.S. 1-826
7 53 Pa.C.S. 3071 1972-184-62 901 53 P.S. 1-901
8 53 Pa.C.S. 3072 1972-184-62 902 53 P.S. 1-902
9 53 Pa.C.S. 3073 1972-184-62 911 53 P.S. 1-911
10 53 Pa.C.S. 3074 1972-184-62 912 53 P.S. 1-912
11 53 Pa.C.S. 3075 1972-184-62 913 53 P.S. 1-913
12 53 Pa.C.S. 3076 1972-184-62 914 53 P.S. 1-914
13 53 Pa.C.S. 3077 1972-184-62 921 53 P.S. 1-921
14 53 Pa.C.S. 3078 1972-184-62 922 53 P.S. 1-922
15 53 Pa.C.S. 3079 1972-184-62 941 53 P.S. 1-941
16 53 Pa.C.S. 3080 1972-184-62 942 53 P.S. 1-942
17 53 Pa.C.S. 3091 1972-184-62 1001 53 P.S. 1-1001
18 53 Pa.C.S. 3092 1972-184-62 1002 53 P.S. 1-1002
19 53 Pa.C.S. 3093 1972-184-62 1003 53 P.S. 1-1003
20 53 Pa.C.S. 3094 1972-184-62 1101 53 P.S. 1-1101
21 53 Pa.C.S. 3095 1972-184-62 1102 53 P.S. 1-1102
22 53 Pa.C.S. 3101 1972-184-62 1201 53 P.S. 1-1201
23 53 Pa.C.S. 3102 1972-184-62 1202 53 P.S. 1-1202
24 53 Pa.C.S. 3103 1972-184-62 1203 53 P.S. 1-1203
25 53 Pa.C.S. 3014 1972-184-62 1204 53 P.S. 1-1204
26 53 Pa.C.S. 3111 1972-184-62 1211 53 P.S. 1-1211
27 53 Pa.C.S. 3121 1972-184-62 1221 53 P.S. 1-1221
28 53 Pa.C.S. 3122 1972-184-62 1222 53 P.S. 1-1222
29 53 Pa.C.S. 3131 1972-184-62 1231 53 P.S. 1-1231
30 53 Pa.C.S. 3132 1972-184-62 1232 53 P.S. 1-1232
31 53 Pa.C.S. 3141 1972-184-62 1241 53 P.S. 1-1241
32 53 Pa.C.S. 3142 1972-184-62 1242 53 P.S. 1-1242
33 53 Pa.C.S. 3143 1972-184-62 1243 53 P.S. 1-1243
34 53 Pa.C.S. 3144 1972-184-62 1244 53 P.S. 1-1244
35 53 Pa.C.S. 3145 1972-184-62 1245 53 P.S. 1-1245
36 53 Pa.C.S. 3146 1972-184-62 1246 53 P.S. 1-1246
37 53 Pa.C.S. 3151 1972-184-62 1251 53 P.S. 1-1251
38 53 Pa.C.S. 3152 1972-184-62 1252 53 P.S. 1-1252
39 53 Pa.C.S. 3153 1972-184-62 1253 53 P.S. 1-1253
40 53 Pa.C.S. 3161 1972-184-62 1261 53 P.S. 1-1261
41 53 Pa.C.S. 3162 1972-184-62 1262 53 P.S. 1-1262
42 53 Pa.C.S. 3163 1972-184-62 1263 53 P.S. 1-1263
43 53 Pa.C.S. 3164 1972-184-62 1264 53 P.S. 1-1264
44 53 Pa.C.S. 3165 1972-184-62 1265 53 P.S. 1-1265
45 53 Pa.C.S. 3166 1972-184-62 1266 53 P.S. 1-1266
46 53 Pa.C.S. 3171 1972-184-62 1271 53 P.S. 1-1271
47 53 Pa.C.S. 5401 1967-658-305 1 53 P.S. 1551
48 53 Pa.C.S. 5402 1967-658-305 2 53 P.S. 1552
49 53 Pa.C.S. 5403 1967-658-305 2 53 P.S. 1552
50 53 Pa.C.S. 5404 1967-658-305 2.1 53 P.S. 1552.1
51 53 Pa.C.S. 5405 1967-658-305 3 53 P.S. 1553
52 53 Pa.C.S. 5406 1967-658-305 4 53 P.S. 1554
53 53 Pa.C.S. 8001 1972-781-185 101 53 P.S. 6780-1
54 53 Pa.C.S. 8002 1972-781-185 102 53 P.S. 6780-2
55 53 Pa.C.S. 8003 1972-781-185 103 53 P.S. 6780-3
56 53 Pa.C.S. 8004 1972-781-185 104 53 P.S. 6780-4
57 53 Pa.C.S. 8005 1972-781-185 105 53 P.S. 6780-5
58 53 Pa.C.S. 8006 1972-781-185 106 53 P.S. 6780-6
59 53 Pa.C.S. 8007 1972-781-185 107 53 P.S. 6780-7
19930S0838B0911 - 272 -
1 53 Pa.C.S. 8008 1972-781-185 108 53 P.S. 6780-8
2 53 Pa.C.S. 8009 1972-781-185 109 None
3 53 Pa.C.S. 8021 1972-781-185 201 53 P.S. 6780-51
4 53 Pa.C.S. 8022 1972-781-185 202 53 P.S. 6780-52
5 53 Pa.C.S. 8023 1972-781-185 203 53 P.S. 6780-53
6 53 Pa.C.S. 8024 1972-781-185 204 53 P.S. 6780-54
7 53 Pa.C.S. 8025 1972-781-185 205 53 P.S. 6780-55
8 53 Pa.C.S. 8026 1972-781-185 206 53 P.S. 6780-56
9 53 Pa.C.S. 8027 1972-781-185 207 53 P.S. 6780-57
10 53 Pa.C.S. 8028 1972-781-185 208 53 P.S. 6780-58
11 53 Pa.C.S. 8029 1972-781-185 209 53 P.S. 6780-59
12 53 Pa.C.S. 8041 1972-781-185 301 53 P.S. 6780-101
13 53 Pa.C.S. 8042 1972-781-185 302 53 P.S. 6780-102
14 53 Pa.C.S. 8043 1972-781-185 303 53 P.S. 6780-103
15 53 Pa.C.S. 8044 1972-781-185 304 53 P.S. 6780-104
16 53 Pa.C.S. 8045 1972-781-185 305 53 P.S. 6780-105
17 53 Pa.C.S. 8046 1972-781-185 306 53 P.S. 6780-106
18 53 Pa.C.S. 8047 1972-781-185 307 53 P.S. 6780-107
19 53 Pa.C.S. 8048 1972-781-185 308 53 P.S. 6780-108
20 53 Pa.C.S. 8049 1972-781-185 309 53 P.S. 6780-109
21 53 Pa.C.S. 8101 1972-781-185 401 53 P.S. 6780-151
22 53 Pa.C.S. 8102 1972-781-185 402 53 P.S. 6780-152
23 53 Pa.C.S. 8103 1972-781-185 403 53 P.S. 6780-153
24 53 Pa.C.S. 8104 1972-781-185 404 53 P.S. 6780-154
25 53 Pa.C.S. 8105 1972-781-185 405 53 P.S. 6780-155
26 53 Pa.C.S. 8106 1972-781-185 406 53 P.S. 6780-156
27 53 Pa.C.S. 8107 1972-781-185 407 53 P.S. 6780-157
28 53 Pa.C.S. 8108 1972-781-185 408 53 P.S. 6780-158
29 53 Pa.C.S. 8109 1972-781-185 409 53 P.S. 6780-159
30 53 Pa.C.S. 8110 1972-781-185 410 53 P.S. 6780-160
31 53 Pa.C.S. 8111 1972-781-185 411 53 P.S. 6780-161
32 53 Pa.C.S. 8112 1972-781-185 412 53 P.S. 6780-162
33 53 Pa.C.S. 8113 1972-781-185 413 53 P.S. 6780-163
34 53 Pa.C.S. 8114 1972-781-185 414 53 P.S. 6780-164
35 53 Pa.C.S. 8115 1972-781-185 415 53 P.S. 6780-165
36 53 Pa.C.S. 8121 1972-781-185 501 53 P.S. 6780-201
37 53 Pa.C.S. 8122 1972-781-185 502 53 P.S. 6780-202
38 53 Pa.C.S. 8123 1972-781-185 503 53 P.S. 6780-203
39 53 Pa.C.S. 8124 1972-781-185 504 53 P.S. 6780-204
40 53 Pa.C.S. 8125 1972-781-185 505 53 P.S. 6780-205
41 53 Pa.C.S. 8126 1972-781-185 506 53 P.S. 6780-206
42 53 Pa.C.S. 8127 1972-781-185 507 53 P.S. 6780-207
43 53 Pa.C.S. 8128 1972-781-185 508 53 P.S. 6780-208
44 53 Pa.C.S. 8129 1972-781-185 509 53 P.S. 6780-209
45 53 Pa.C.S. 8130 1972-781-185 510 53 P.S. 6780-210
46 53 Pa.C.S. 8141 1972-781-185 601 53 P.S. 6780-251
47 53 Pa.C.S. 8142 1972-781-185 602 53 P.S. 6780-252
48 53 Pa.C.S. 8143 1972-781-185 603 53 P.S. 6780-253
49 53 Pa.C.S. 8144 1972-781-185 604 53 P.S. 6780-254
50 53 Pa.C.S. 8145 1972-781-185 605 53 P.S. 6780-255
51 53 Pa.C.S. 8146 1972-781-185 606 53 P.S. 6780-256
52 53 Pa.C.S. 8147 1972-781-185 607 53 P.S. 6780-257
53 53 Pa.C.S. 8148 1972-781-185 608 53 P.S. 6780-258
54 53 Pa.C.S. 8149 1972-781-185 609 53 P.S. 6780-259
55 53 Pa.C.S. 8161 1972-781-185 701 53 P.S. 6780-301
56 53 Pa.C.S. 8162 1972-781-185 702 53 P.S. 6780-302
57 53 Pa.C.S. 8163 1972-781-185 703 53 P.S. 6780-303
58 53 Pa.C.S. 8164 1972-781-185 704 53 P.S. 6780-304
59 53 Pa.C.S. 8165 1972-781-185 705 53 P.S. 6780-305
19930S0838B0911 - 273 -
1 53 Pa.C.S. 8166 1972-781-185 706 53 P.S. 6780-306
2 53 Pa.C.S. 8167 1972-781-185 707 53 P.S. 6780-307
3 53 Pa.C.S. 8168 1972-781-185 708 53 P.S. 6780-308
4 53 Pa.C.S. 8169 1972-781-185 709 53 P.S. 6780-309
5 53 Pa.C.S. 8201 1972-781-185 801 53 P.S. 6780-351
6 53 Pa.C.S. 8202 1972-781-185 802 53 P.S. 6780-352
7 53 Pa.C.S. 8203 1972-781-185 803 53 P.S. 6780-353
8 53 Pa.C.S. 8204 1972-781-185 804 53 P.S. 6780-354
9 53 Pa.C.S. 8205 1972-781-185 805 53 P.S. 6780-355
10 53 Pa.C.S. 8206 1972-781-185 806 53 P.S. 6780-356
11 53 Pa.C.S. 8207 1972-781-185 807 53 P.S. 6780-357
12 53 Pa.C.S. 8208 1972-781-185 808 53 P.S. 6780-358
13 53 Pa.C.S. 8209 1972-781-185 809 53 P.S. 6780-359
14 53 Pa.C.S. 8210 1972-781-185 810 53 P.S. 6780-360
15 53 Pa.C.S. 8211 1972-781-185 901 53 P.S. 6780-401
16 53 Pa.C.S. 8221 1972-781-185 1001 53 P.S. 6780-451
17 53 Pa.C.S. 8222 1972-781-185 1002 53 P.S. 6780-452
18 53 Pa.C.S. 8223 1972-781-185 1003 53 P.S. 6780-453
19 53 Pa.C.S. 8224 1972-781-185 1004 53 P.S. 6780-454
20 53 Pa.C.S. 8225 1972-781-185 1005 53 P.S. 6780-455
21 53 Pa.C.S. 8226 1972-781-185 1006 53 P.S. 6780-456
22 53 Pa.C.S. 8227 1972-781-185 1007 53 P.S. 6780-457
23 53 Pa.C.S. 8241 1972-781-185 1101 53 P.S. 6780-501
24 53 Pa.C.S. 8242 1972-781-185 1102 53 P.S. 6780-502
25 53 Pa.C.S. 8243 1972-781-185 1103 53 P.S. 6780-503
26 53 Pa.C.S. 8244 1972-781-185 1104 53 P.S. 6780-504
27 53 Pa.C.S. 8245 1972-781-185 1105 53 P.S. 6780-505
28 53 Pa.C.S. 8246 1972-781-185 1106 53 P.S. 6780-506
29 53 Pa.C.S. 8247 1972-781-185 1107 53 P.S. 6780-507
30 53 Pa.C.S. 8248 1972-781-185 1108 53 P.S. 6780-508
31 53 Pa.C.S. 8249 1972-781-185 1109 53 P.S. 6780-509
32 53 Pa.C.S. 8250 1972-781-185 1110 53 P.S. 6780-510
33 53 Pa.C.S. 8251 1972-781-185 1111 53 P.S. 6780-511
34 53 Pa.C.S. 8261 1972-781-185 1201 53 P.S. 6780-551
35 53 Pa.C.S. 8262 1972-781-185 1202 53 P.S. 6780-552
36 53 Pa.C.S. 8263 1972-781-185 1203 53 P.S. 6780-553
37 53 Pa.C.S. 8264 1972-781-185 1204 53 P.S. 6780-554
38 53 Pa.C.S. 8265 1972-781-185 1205 53 P.S. 6780-555
39 53 Pa.C.S. 8266 1972-781-185 1206 53 P.S. 6780-556
40 53 Pa.C.S. 8271 1972-781-185 1302 53 P.S. 6780-602
19930S0838B0911 - 274 -
1 DISPOSITION TABLE
2 PROPOSED GENERAL LOCAL GOVERNMENT CODE
3 PREPARED BY THE JOINT STATE GOVERNMENT COMMISSION
4 (All citations are to the proposed code except
5 those indicated in the Disposition Table)
6 ----------------------------------------------------------------
7 Repealed Act Section Purdon's Citation Proposed GLGC
8 ----------------------------------------------------------------
9 1955-1845-611 101 53 P.S. 491 53 Pa.C.S. 2341
10 1955-1845-611 102 53 P.S. 492 53 Pa.C.S. 2342
11 1955-1845-611 201 53 P.S. 493 53 Pa.C.S. 2343
12 1955-1845-611 202 53 P.S. 494 53 Pa.C.S. 2344
13 1955-1845-611 203 53 P.S. 495 53 Pa.C.S. 2345
14 1955-1845-611 204 53 P.S. 496 53 Pa.C.S. 2346
15 1955-1845-611 205 53 P.S. 497 53 Pa.C.S. 2347
16 1955-1845-611 206 53 P.S. 498 53 Pa.C.S. 2348
17 1955-1845-611 207 53 P.S. 499 Omitted
18 1955-1845-611 208 None Omitted
19 1959-579-188 1 71 P.S. 777.1 53 Pa.C.S. 1122
20 1959-579-188 2 71 P.S. 777.2 53 Pa.C.S. 1123
21 1959-579-188 3 71 P.S. 777.3 53 Pa.C.S. 1124
22 1959-579-188 4 None Omitted
23 1959-1369-474 1 71 P.S. 779.1 53 Pa.C.S. 1131
24 1959-1369-474 2 71 P.S. 779.2 53 Pa.C.S. 1132
25 1959-1369-474 3 71 P.S. 779.3 53 Pa.C.S. 1133
26 1959-1369-474 4 71 P.S. 779.4 Omitted
27 1959-1369-474 5 71 P.S. 779.5 Omitted
28 1959-1369-474 6 71 P.S. 779.6 53 Pa.C.S. 1134
29 1959-1369-474 7 71 P.S. 779.7 53 Pa.C.S. 1135
30 1959-1369-474 8 71 P.S. 779.8 Omitted
31 1959-1369-474 9 71 P.S. 779.9 53 Pa.C.S. 1136
32 1959-1369-474 10 71 P.S. 779.10 53 Pa.C.S. 1137
33 1959-1369-474 11 71 P.S. 779.11 53 Pa.C.S. 1138
34 1959-1369-474 12 71 P.S. 779.12 Omitted
35 1959-1369-474 13 None Omitted
36 1967-658-305 1 53 P.S. 1551 53 Pa.C.S. 5401
37 1967-658-305 2 53 P.S. 1552 53 Pa.C.S. 5402
38 1967-658-305 2 53 P.S. 1552 53 Pa.C.S. 5403
39 1967-658-305 2.1 53 P.S. 1552.1 53 Pa.C.S. 5404
40 1967-658-305 3 53 P.S. 1553 53 Pa.C.S. 5405
41 1967-658-305 4 53 P.S. 1554 53 Pa.C.S. 5406
42 1968(1967)-961-428 1 53 P.S. 9001 53 Pa.C.S. 1381
43 1968(1967)-961-428 2 53 P.S. 9002 53 Pa.C.S. 1382
44 1968(1967)-961-428 3 53 P.S. 9003 53 Pa.C.S. 1383
45 1968(1967)-961-428 4 53 P.S. 9004 53 Pa.C.S. 1384
46 1968(1967)-961-428 5 53 P.S. 9005 53 Pa.C.S. 1385
47 1968(1967)-961-428 6 53 P.S. 9006 53 Pa.C.S. 1386
48 1968(1967)-961-428 7 53 P.S. 9007 53 Pa.C.S. 1387
49 1968(1967)-961-428 8 53 P.S. 9008 53 Pa.C.S. 1388
50 1968(1967)-961-428 9 53 P.S. 9009 53 Pa.C.S. 1389
51 1968(1967)-961-428 10 53 P.S. 9010 Omitted
52 1972-108-39 101 53 P.S. 11400-101 53 Pa.C.S. 2501
53 1972-108-39 102 53 P.S. 11400-102 53 Pa.C.S. 2502
54 1972-108-39 103 53 P.S. 11400-103 Omitted
55 1972-108-39 201 53 P.S. 11400-201 53 Pa.C.S. 2511
56 1972-108-39 202 53 P.S. 11400-202 53 Pa.C.S. 2512
57 1972-108-39 203 53 P.S. 11400-203 53 Pa.C.S. 2513
58 1972-108-39 204 53 P.S. 11400-204 53 Pa.C.S. 2514
19930S0838B0911 - 275 -
1 1972-108-39 205 53 P.S. 11400-205 53 Pa.C.S. 2515
2 1972-108-39 301 53 P.S. 11400-301 53 Pa.C.S. 2521
3 1972-108-39 302 53 P.S. 11400-302 53 Pa.C.S. 2522
4 1972-108-39 303 53 P.S. 11400-303 53 Pa.C.S. 2523
5 1972-108-39 401 53 P.S. 11400-401 53 Pa.C.S. 2531
6 1972-108-39 402 53 P.S. 11400-402 53 Pa.C.S. 2532
7 1972-108-39 403 53 P.S. 11400-403 53 Pa.C.S. 2533
8 1972-108-39 404 53 P.S. 11400-404 53 Pa.C.S. 2534
9 1972-108-39 405 53 P.S. 11400-405 53 Pa.C.S. 2535
10 1972-108-39 406 53 P.S. 11400-406 53 Pa.C.S. 2536
11 1972-108-39 501 53 P.S. 11400-501 53 Pa.C.S. 2541
12 1972-108-39 502 53 P.S. 11400-502 53 Pa.C.S. 2542
13 1972-108-39 503 53 P.S. 11400-503 53 Pa.C.S. 2543
14 1972-108-39 601 53 P.S. 11400-601 53 Pa.C.S. 2551
15 1972-108-39 602 53 P.S. 11400-602 53 Pa.C.S. 2552
16 1972-108-39 603 53 P.S. 11400-603 53 Pa.C.S. 2553
17 1972-108-39 604 53 P.S. 11400-604 53 Pa.C.S. 2554
18 1972-108-39 605 53 P.S. 11400-605 53 Pa.C.S. 2555
19 1972-108-39 701 53 P.S. 11400-701 Omitted
20 1972-184-62 101 53 P.S. 1-101 53 Pa.C.S. 2901
21 1972-184-62 102 53 P.S. 1-102 53 Pa.C.S. 2902
22 1972-184-62 201 53 P.S. 1-201 53 Pa.C.S. 2911
23 1972-184-62 202 53 P.S. 1-202 53 Pa.C.S. 2912
24 1972-184-62 203 53 P.S. 1-203 53 Pa.C.S. 2913
25 1972-184-62 204 53 P.S. 1-204 53 Pa.C.S. 2914
26 1972-184-62 204.1 53 P.S. 1-204.1 53 Pa.C.S. 2915
27 1972-184-62 205 53 P.S. 1-205 53 Pa.C.S. 2916
28 1972-184-62 206 53 P.S. 1-206 53 Pa.C.S. 2917
29 1972-184-62 207 53 P.S. 1-207 53 Pa.C.S. 2918
30 1972-184-62 208 53 P.S. 1-208 53 Pa.C.S. 2919
31 1972-184-62 209 53 P.S. 1-209 53 Pa.C.S. 2920
32 1972-184-62 210 53 P.S. 1-210 53 Pa.C.S. 2921
33 1972-184-62 211 53 P.S. 1-211 53 Pa.C.S. 2922
34 1972-184-62 212 53 P.S. 1-212 53 Pa.C.S. 2923
35 1972-184-62 213 53 P.S. 1-213 53 Pa.C.S. 2924
36 1972-184-62 214 53 P.S. 1-214 53 Pa.C.S. 2925
37 1972-184-62 215 53 P.S. 1-215 53 Pa.C.S. 2926
38 1972-184-62 216 53 P.S. 1-216 53 Pa.C.S. 2927
39 1972-184-62 217 53 P.S. 1-217 53 Pa.C.S. 2928
40 1972-184-62 218 53 P.S. 1-218 53 Pa.C.S. 2929
41 1972-184-62 219 53 P.S. 1-219 53 Pa.C.S. 2930
42 1972-184-62 221 53 P.S. 1-221 53 Pa.C.S. 2941
43 1972-184-62 231 53 P.S. 1-231 53 Pa.C.S. 2942
44 1972-184-62 232 53 P.S. 1-232 53 Pa.C.S. 2943
45 1972-184-62 233 53 P.S. 1-233 53 Pa.C.S. 2944
46 1972-184-62 241 53 P.S. 1-241 53 Pa.C.S. 2951
47 1972-184-62 242 53 P.S. 1-242 53 Pa.C.S. 2952
48 1972-184-62 301 53 P.S. 1-301 53 Pa.C.S. 2961
49 1972-184-62 302 53 P.S. 1-302 53 Pa.C.S. 2962
50 1972-184-62 303 53 P.S. 1-303 53 Pa.C.S. 2963
51 1972-184-62 304 53 P.S. 1-304 53 Pa.C.S. 2964
52 1972-184-62 305 53 P.S. 1-305 53 Pa.C.S. 2965
53 1972-184-62 306 53 P.S. 1-306 53 Pa.C.S. 2966
54 1972-184-62 307 53 P.S. 1-307 53 Pa.C.S. 2967
55 1972-184-62 401 53 P.S. 1-401 53 Pa.C.S. 2971
56 1972-184-62 402 53 P.S. 1-402 53 Pa.C.S. 2972
57 1972-184-62 403 53 P.S. 1-403 53 Pa.C.S. 2973
58 1972-184-62 404 53 P.S. 1-404 53 Pa.C.S. 2974
59 1972-184-62 501 53 P.S. 1-501 53 Pa.C.S. 3001
19930S0838B0911 - 276 -
1 1972-184-62 502 53 P.S. 1-502 53 Pa.C.S. 3002
2 1972-184-62 503 53 P.S. 1-503 53 Pa.C.S. 3003
3 1972-184-62 504 53 P.S. 1-504 53 Pa.C.S. 3004
4 1972-184-62 505 53 P.S. 1-505 53 Pa.C.S. 3005
5 1972-184-62 511 53 P.S. 1-511 53 Pa.C.S. 3006
6 1972-184-62 512 53 P.S. 1-512 53 Pa.C.S. 3007
7 1972-184-62 513 53 P.S. 1-513 53 Pa.C.S. 3008
8 1972-184-62 514 53 P.S. 1-514 53 Pa.C.S. 3009
9 1972-184-62 521 53 P.S. 1-521 53 Pa.C.S. 3010
10 1972-184-62 522 53 P.S. 1-522 53 Pa.C.S. 3011
11 1972-184-62 523 53 P.S. 1-523 53 Pa.C.S. 3012
12 1972-184-62 524 53 P.S. 1-524 53 Pa.C.S. 3013
13 1972-184-62 525 53 P.S. 1-525 53 Pa.C.S. 3014
14 1972-184-62 531 53 P.S. 1-531 53 Pa.C.S. 3015
15 1972-184-62 532 53 P.S. 1-532 53 Pa.C.S. 3016
16 1972-184-62 533 53 P.S. 1-533 53 Pa.C.S. 3017
17 1972-184-62 534 53 P.S. 1-534 53 Pa.C.S. 3018
18 1972-184-62 601 53 P.S. 1-601 53 Pa.C.S. 3031
19 1972-184-62 602 53 P.S. 1-602 53 Pa.C.S. 3032
20 1972-184-62 603 53 P.S. 1-603 53 Pa.C.S. 3033
21 1972-184-62 701 53 P.S. 1-701 53 Pa.C.S. 3041
22 1972-184-62 702 53 P.S. 1-702 53 Pa.C.S. 3042
23 1972-184-62 703 53 P.S. 1-703 53 Pa.C.S. 3043
24 1972-184-62 801 53 P.S. 1-801 53 Pa.C.S. 3051
25 1972-184-62 802 53 P.S. 1-802 53 Pa.C.S. 3052
26 1972-184-62 803 53 P.S. 1-803 53 Pa.C.S. 3053
27 1972-184-62 804 53 P.S. 1-804 53 Pa.C.S. 3054
28 1972-184-62 805 53 P.S. 1-805 53 Pa.C.S. 3055
29 1972-184-62 811 53 P.S. 1-811 53 Pa.C.S. 3056
30 1972-184-62 812 53 P.S. 1-812 53 Pa.C.S. 3057
31 1972-184-62 813 53 P.S. 1-813 53 Pa.C.S. 3058
32 1972-184-62 821 53 P.S. 1-821 53 Pa.C.S. 3059
33 1972-184-62 822 53 P.S. 1-822 53 Pa.C.S. 3060
34 1972-184-62 823 53 P.S. 1-823 53 Pa.C.S. 3061
35 1972-184-62 824 53 P.S. 1-824 53 Pa.C.S. 3062
36 1972-184-62 825 53 P.S. 1-825 53 Pa.C.S. 3063
37 1972-184-62 826 53 P.S. 1-826 53 Pa.C.S. 3064
38 1972-184-62 901 53 P.S. 1-901 53 Pa.C.S. 3071
39 1972-184-62 902 53 P.S. 1-902 53 Pa.C.S. 3072
40 1972-184-62 911 53 P.S. 1-911 53 Pa.C.S. 3073
41 1972-184-62 912 53 P.S. 1-912 53 Pa.C.S. 3074
42 1972-184-62 913 53 P.S. 1-913 53 Pa.C.S. 3075
43 1972-184-62 914 53 P.S. 1-914 53 Pa.C.S. 3076
44 1972-184-62 921 53 P.S. 1-921 53 Pa.C.S. 3077
45 1972-184-62 922 53 P.S. 1-922 53 Pa.C.S. 3078
46 1972-184-62 941 53 P.S. 1-941 53 Pa.C.S. 3079
47 1972-184-62 942 53 P.S. 1-942 53 Pa.C.S. 3080
48 1972-184-62 1001 53 P.S. 1-1001 53 Pa.C.S. 3091
49 1972-184-62 1002 53 P.S. 1-1002 53 Pa.C.S. 3092
50 1972-184-62 1003 53 P.S. 1-1003 53 Pa.C.S. 3093
51 1972-184-62 1101 53 P.S. 1-1101 53 Pa.C.S. 3094
52 1972-184-62 1102 53 P.S. 1-1102 53 Pa.C.S. 3095
53 1972-184-62 1201 53 P.S. 1-1201 53 Pa.C.S. 3101
54 1972-184-62 1202 53 P.S. 1-1202 53 Pa.C.S. 3102
55 1972-184-62 1203 53 P.S. 1-1203 53 Pa.C.S. 3103
56 1972-184-62 1204 53 P.S. 1-1204 53 Pa.C.S. 3104
57 1972-184-62 1211 53 P.S. 1-1211 53 Pa.C.S. 3111
58 1972-184-62 1221 53 P.S. 1-1221 53 Pa.C.S. 3121
59 1972-184-62 1222 53 P.S. 1-1222 53 Pa.C.S. 3122
19930S0838B0911 - 277 -
1 1972-184-62 1231 53 P.S. 1-1231 53 Pa.C.S. 3131
2 1972-184-62 1232 53 P.S. 1-1232 53 Pa.C.S. 3132
3 1972-184-62 1241 53 P.S. 1-1241 53 Pa.C.S. 3141
4 1972-184-62 1242 53 P.S. 1-1242 53 Pa.C.S. 3142
5 1972-184-62 1243 53 P.S. 1-1243 53 Pa.C.S. 3143
6 1972-184-62 1244 53 P.S. 1-1244 53 Pa.C.S. 3144
7 1972-184-62 1245 53 P.S. 1-1245 53 Pa.C.S. 3145
8 1972-184-62 1246 53 P.S. 1-1246 53 Pa.C.S. 3146
9 1972-184-62 1251 53 P.S. 1-1251 53 Pa.C.S. 3151
10 1972-184-62 1252 53 P.S. 1-1252 53 Pa.C.S. 3152
11 1972-184-62 1253 53 P.S. 1-1253 53 Pa.C.S. 3153
12 1972-184-62 1261 53 P.S. 1-1261 53 Pa.C.S. 3161
13 1972-184-62 1262 53 P.S. 1-1262 53 Pa.C.S. 3162
14 1972-184-62 1263 53 P.S. 1-1263 53 Pa.C.S. 3163
15 1972-184-62 1264 53 P.S. 1-1264 53 Pa.C.S. 3164
16 1972-184-62 1265 53 P.S. 1-1265 53 Pa.C.S. 3165
17 1972-184-62 1266 53 P.S. 1-1266 53 Pa.C.S. 3166
18 1972-184-62 1271 53 P.S. 1-1271 53 Pa.C.S. 3171
19 1972-184-62 1301 53 P.S. 1-1301 Omitted
20 1972-184-62 1302 53 P.S. 1-1302 53 Pa.C.S. 2981
21 1972-184-62 1303 53 P.S. 1-1303 53 Pa.C.S. 2982
22 1972-184-62 1304 53 P.S. 1-304 53 Pa.C.S. 2983
23 1972-184-62 1305 53 P.S. 1-305 53 Pa.C.S. 2984
24 1972-184-62 1306 53 P.S. 1-306 Omitted
25 1972-184-62 1307 53 P.S. 1-307 Omitted
26 1972-184-62 1308 53 P.S. 1-308 Omitted
27 1972-184-62 1309 53 P.S. 1-309 Omitted
28 1972-762-180 1 53 P.S. 481 53 Pa.C.S. 2301
29 1972-762-180 2 53 P.S. 482 53 Pa.C.S. 2302
30 1972-762-180 3 53 P.S. 483 53 Pa.C.S. 2303
31 1972-762-180 4 53 P.S. 484 53 Pa.C.S. 2304
32 1972-762-180 5 53 P.S. 485 53 Pa.C.S. 2305
33 1972-762-180 6 53 P.S. 486 53 Pa.C.S. 2306
34 1972-762-180 7 53 P.S. 487 53 Pa.C.S. 2307
35 1972-762-180 7.1 53 P.S. 487.1 53 Pa.C.S. 2308
36 1972-762-180 7.2 53 P.S. 487.2 53 Pa.C.S. 2309
37 1972-762-180 7.3 53 P.S. 487.3 53 Pa.C.S. 2310
38 1972-762-180 7.4 None 53 Pa.C.S. 2311
39 1972-762-180 7.5 None 53 Pa.C.S. 2312
40 1972-762-180 7.6 None 53 Pa.C.S. 2313
41 1972-762-180 8 53 P.S. 488 53 Pa.C.S. 2314
42 1972-762-180 9 53 P.S. 489 53 Pa.C.S. 2315
43 1972-762-180 10 53 P.S. 490 Omitted
44 1972-762-180 11 None Omitted
45 1972-781-185 101 53 P.S. 6780-1 53 Pa.C.S. 8001
46 1972-781-185 102 53 P.S. 6780-2 53 Pa.C.S. 8002
47 1972-781-185 103 53 P.S. 6780-3 53 Pa.C.S. 8003
48 1972-781-185 104 53 P.S. 6780-4 53 Pa.C.S. 8004
49 1972-781-185 105 53 P.S. 6780-5 53 Pa.C.S. 8005
50 1972-781-185 106 53 P.S. 6780-6 53 Pa.C.S. 8006
51 1972-781-185 107 53 P.S. 6780-7 53 Pa.C.S. 8007
52 1972-781-185 108 53 P.S. 6780-8 53 Pa.C.S. 8008
53 1972-781-185 109 None 53 Pa.C.S. 8009
54 1972-781-185 201 53 P.S. 6780-51 53 Pa.C.S. 8021
55 1972-781-185 202 53 P.S. 6780-52 53 Pa.C.S. 8022
56 1972-781-185 203 53 P.S. 6780-53 53 Pa.C.S. 8023
57 1972-781-185 204 53 P.S. 6780-54 53 Pa.C.S. 8024
58 1972-781-185 205 53 P.S. 6780-55 53 Pa.C.S. 8025
59 1972-781-185 206 53 P.S. 6780-56 53 Pa.C.S. 8026
19930S0838B0911 - 278 -
1 1972-781-185 207 53 P.S. 6780-57 53 Pa.C.S. 8027
2 1972-781-185 208 53 P.S. 6780-58 53 Pa.C.S. 8028
3 1972-781-185 209 53 P.S. 6780-59 53 Pa.C.S. 8029
4 1972-781-185 301 53 P.S. 6780-101 53 Pa.C.S. 8041
5 1972-781-185 302 53 P.S. 6780-102 53 Pa.C.S. 8042
6 1972-781-185 303 53 P.S. 6780-103 53 Pa.C.S. 8043
7 1972-781-185 304 53 P.S. 6780-104 53 Pa.C.S. 8044
8 1972-781-185 305 53 P.S. 6780-105 53 Pa.C.S. 8045
9 1972-781-185 306 53 P.S. 6780-106 53 Pa.C.S. 8046
10 1972-781-185 307 53 P.S. 6780-107 53 Pa.C.S. 8047
11 1972-781-185 308 53 P.S. 6780-108 53 Pa.C.S. 8048
12 1972-781-185 309 53 P.S. 5780-109 53 Pa.C.S. 8049
13 1972-781-185 401 53 P.S. 6780-151 53 Pa.C.S. 8101
14 1972-781-185 402 53 P.S. 6780-152 53 Pa.C.S. 8102
15 1972-781-185 403 53 P.S. 6780-153 53 Pa.C.S. 8103
16 1972-781-185 404 53 P.S. 6780-154 53 Pa.C.S. 8104
17 1972-781-185 405 53 P.S. 6780-155 53 Pa.C.S. 8105
18 1972-781-185 406 53 P.S. 6780-156 53 Pa.C.S. 8106
19 1972-781-185 407 53 P.S. 6780-157 53 Pa.C.S. 8107
20 1972-781-185 408 53 P.S. 6780-158 53 Pa.C.S. 8108
21 1972-781-185 409 53 P.S. 6780-159 53 Pa.C.S. 8109
22 1972-781-185 410 53 P.S. 6780-160 53 Pa.C.S. 8110
23 1972-781-185 411 53 P.S. 6780-161 53 Pa.C.S. 8111
24 1972-781-185 412 53 P.S. 6780-162 53 Pa.C.S. 8112
25 1972-781-185 413 53 P.S. 6780-163 53 Pa.C.S. 8113
26 1972-781-185 414 53 P.S. 6780-164 53 Pa.C.S. 8114
27 1972-781-185 415 53 P.S. 6780-165 53 Pa.C.S. 8115
28 1972-781-185 501 53 P.S. 6780-201 53 Pa.C.S. 8121
29 1972-781-185 502 53 P.S. 6780-202 53 Pa.C.S. 8122
30 1972-781-185 503 53 P.S. 6780-203 53 Pa.C.S. 8123
31 1972-781-185 504 53 P.S. 6780-204 53 Pa.C.S. 8124
32 1972-781-185 505 53 P.S. 6780-205 53 Pa.C.S. 8125
33 1972-781-185 506 53 P.S. 6780-206 53 Pa.C.S. 8126
34 1972-781-185 507 53 P.S. 6780-207 53 Pa.C.S. 8127
35 1972-781-185 508 53 P.S. 6780-208 53 Pa.C.S. 8128
36 1972-781-185 509 53 P.S. 6780-209 53 Pa.C.S. 8129
37 1972-781-185 510 53 P.S. 6780-210 53 Pa.C.S. 8130
38 1972-781-185 601 53 P.S. 6780-251 53 Pa.C.S. 8141
39 1972-781-185 602 53 P.S. 6780-252 53 Pa.C.S. 8142
40 1972-781-185 603 53 P.S. 6780-253 53 Pa.C.S. 8143
41 1972-781-185 604 53 P.S. 6780-254 53 Pa.C.S. 8144
42 1972-781-185 605 53 P.S. 6780-255 53 Pa.C.S. 8145
43 1972-781-185 606 53 P.S. 6780-256 53 Pa.C.S. 8146
44 1972-781-185 607 53 P.S. 6780-257 53 Pa.C.S. 8147
45 1972-781-185 608 53 P.S. 6780-258 53 Pa.C.S. 8148
46 1972-781-185 609 53 P.S. 6780-259 53 Pa.C.S. 8149
47 1972-781-185 701 53 P.S. 6780-301 53 Pa.C.S. 8161
48 1972-781-185 702 53 P.S. 6780-302 53 Pa.C.S. 8162
49 1972-781-185 703 53 P.S. 6780-303 53 Pa.C.S. 8163
50 1972-781-185 704 53 P.S. 6780-304 53 Pa.C.S. 8164
51 1972-781-185 705 53 P.S. 6780-305 53 Pa.C.S. 8165
52 1972-781-185 706 53 P.S. 6780-306 53 Pa.C.S. 8166
53 1972-781-185 707 53 P.S. 6780-307 53 Pa.C.S. 8167
54 1972-781-185 708 53 P.S. 6780-308 53 Pa.C.S. 8168
55 1972-781-185 709 53 P.S. 6780-309 53 Pa.C.S. 8169
56 1972-781-185 801 53 P.S. 6780-351 53 Pa.C.S. 8201
57 1972-781-185 802 53 P.S. 6780-352 53 Pa.C.S. 8202
58 1972-781-185 803 53 P.S. 6780-353 53 Pa.C.S. 8203
59 1972-781-185 804 53 P.S. 6780-354 53 Pa.C.S. 8204
19930S0838B0911 - 279 -
1 1972-781-185 805 53 P.S. 6780-355 53 Pa.C.S. 8205
2 1972-781-185 806 53 P.S. 6780-356 53 Pa.C.S. 8206
3 1972-781-185 807 53 P.S. 6780-357 53 Pa.C.S. 8207
4 1972-781-185 808 53 P.S. 6780-358 53 Pa.C.S. 8208
5 1972-781-185 809 53 P.S. 6780-359 53 Pa.C.S. 8209
6 1972-781-185 810 53 P.S. 6780-360 53 Pa.C.S. 8210
7 1972-781-185 901 53 P.S. 6780-401 53 Pa.C.S. 8211
8 1972-781-185 902 53 P.S. 6780-402 Omitted
9 1972-781-185 1001 53 P.S. 6780-451 53 Pa.C.S. 8221
10 1972-781-185 1002 53 P.S. 6780-452 53 Pa.C.S. 8222
11 1972-781-185 1003 53 P.S. 6780-453 53 Pa.C.S. 8223
12 1972-781-185 1004 53 P.S. 6780-454 53 Pa.C.S. 8224
13 1972-781-185 1005 53 P.S. 6780-455 53 Pa.C.S. 8225
14 1972-781-185 1006 53 P.S. 6780-456 53 Pa.C.S. 8226
15 1972-781-185 1007 53 P.S. 6780-457 53 Pa.C.S. 8227
16 1972-781-185 1101 53 P.S. 6780-501 53 Pa.C.S. 8241
17 1972-781-185 1102 53 P.S. 6780-502 53 Pa.C.S. 8242
18 1972-781-185 1103 53 P.S. 6780-503 53 Pa.C.S. 8243
19 1972-781-185 1104 53 P.S. 6780-504 53 Pa.C.S. 8244
20 1972-781-185 1105 53 P.S. 6780-505 53 Pa.C.S. 8245
21 1972-781-185 1106 53 P.S. 6780-506 53 Pa.C.S. 8246
22 1972-781-185 1107 53 P.S. 6780-507 53 Pa.C.S. 8247
23 1972-781-185 1108 53 P.S. 6780-508 53 Pa.C.S. 8248
24 1972-781-185 1109 53 P.S. 6780-509 53 Pa.C.S. 8249
25 1972-781-185 1110 53 P.S. 6780-510 53 Pa.C.S. 8250
26 1972-781-185 1111 53 P.S. 6780-511 53 Pa.C.S. 8251
27 1972-781-185 1201 53 P.S. 6780-551 53 Pa.C.S. 8261
28 1972-781-185 1202 53 P.S. 6780-552 53 Pa.C.S. 8262
29 1972-781-185 1203 53 P.S. 6780-553 53 Pa.C.S. 8263
30 1972-781-185 1204 53 P.S. 6780-554 53 Pa.C.S. 8264
31 1972-781-185 1205 53 P.S. 6780-555 53 Pa.C.S. 8265
32 1972-781-185 1206 53 P.S. 6780-556 53 Pa.C.S. 8266
33 1972-781-185 1301 53 P.S. 6780-601 Omitted
34 1972-781-185 1302 53 P.S. 6780-602 53 Pa.C.S. 8271
35 1972-781-185 1303 53 P.S. 6780-603 53 Pa.C.S. 8001(c)
36 1972-781-185 1304 53 P.S. 6780-604 53 Pa.C.S. 8001(d)
37 1972-781-185 1305 53 P.S. 6780-605 Omitted
38 1972-781-185 1306 53 P.S. 6780-606 Omitted
39 1972-781-185 1307 53 P.S. 6780-607 Omitted
40 1973-425-148 1 53 P.S. 11501 53 Pa.C.S. 2322
41 1973-425-148 2 53 P.S. 11502 53 Pa.C.S. 2323
42 1973-425-148 3 53 P.S. 11503 53 Pa.C.S. 2324
43 1973-425-148 4 53 P.S. 11504 53 Pa.C.S. 2325
44 1973-425-148 5 53 P.S. 11505 53 Pa.C.S. 2326
45 1973-425-148 6 53 P.S. 11506 53 Pa.C.S. 2327
46 1973-425-148 7 53 P.S. 11507 53 Pa.C.S. 2328
47 1973-425-148 8 53 P.S. 11508 53 Pa.C.S. 2329
48 1973-425-148 9 None Omitted
49 1974-359-120 1 53 P.S. 740 53 Pa.C.S. 2161
50 1974-359-120 2 53 P.S. 741 53 Pa.C.S. 2162
51 1974-359-120 3 53 P.S. 742 Omitted
52 1974-359-120 4 53 P.S. 743 53 Pa.C.S. 2163
53 1974-359-120 5 53 P.S. 744 53 Pa.C.S. 2164
54 1974-359-120 6 53 P.S. 745 Omitted
55 1974-359-120 7 53 P.S. 746 53 Pa.C.S. 2165
56 1974-359-120 8 53 P.S. 747 53 Pa.C.S. 2166
57 1974-359-120 9 53 P.S. 748 53 Pa.C.S. 2167
58 1974-359-120 9.1 53 P.S. 748.1 53 Pa.C.S. 2168
59 1974-359-120 9.2 53 P.S. 748.2 53 Pa.C.S. 2169
19930S0838B0911 - 280 -
1 1974-359-120 10 53 P.S. 749 53 Pa.C.S. 2170
2 1974-359-120 11 None Omitted
3 1974-359-120 12 None Omitted
4 1974-359-120 13 None Omitted
5 1974-947-312 1 53 P.S. 11601 53 Pa.C.S. 901
6 1974-947-312 2 53 P.S. 11602 53 Pa.C.S. 902
7 1974-947-312 3 53 P.S. 11603 53 Pa.C.S. 903
8 1974-947-312 4 53 P.S. 11604 53 Pa.C.S. 904
9 1974-947-312 5 53 P.S. 11605 53 Pa.C.S. 905
10 1974-947-312 6 53 P.S. 11606 53 Pa.C.S. 906
11 1974-947-312 7 53 P.S. 11607 53 Pa.C.S. 907
12 1974-947-312 8 53 P.S. 11608 53 Pa.C.S. 908
13 1974-947-312 9 53 P.S. 11609 Omitted
B8L53VDL/19930S0838B0911 - 281 -