PRINTER'S NO. 136
No. 127 Session of 1997
INTRODUCED BY CURRY, ARMSTRONG, TANGRETTI, MELIO, PRESTON,
NICKOL, VAN HORNE, OLASZ AND CORRIGAN, JANUARY 29, 1997
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JANUARY 29, 1997
AN ACT
1 Amending the act of February 1, 1966 (1965 P.L.1656, No.581),
2 entitled "An act concerning boroughs, and revising, amending
3 and consolidating the law relating to boroughs," further
4 providing for decrease of number of ward council members.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 815 of the act of February 1, 1966 (1965
8 P.L.1656, No.581), known as The Borough Code, is amended to
9 read:
10 Section 815. Decrease of Number of Ward [Councilmen] Council
11 Members.--Whenever [the electors of], in any borough divided
12 into wards [are authorized, by this act, or by a decree of
13 court, to elect two members of council from each ward, or
14 whenever a borough at the time of the enactment of this act
15 shall elect three councilmen from each ward, and], the council
16 [of such borough, in either case,] consists of more than [nine]
17 seven members, at least five percent of the registered electors
18 of such borough shall have power to petition the court of
1 [quarter sessions] common pleas for a decrease in the number of
2 members of council from each ward, but in no instance shall the
3 council consist of less than seven members. The purpose of such
4 decrease may be to achieve any or all of the following results:
5 a council which is less unwieldy in size; a council which is
6 comparable in size to those in boroughs not divided into wards;
7 a council consisting of an odd number of members instead of an
8 even number; a reduction in borough expenditures; and, the
9 expedition of the conduct of council meetings. Said petition
10 shall clearly state whether it is the prayer of the petitioners
11 that the number of members of such council to be elected in each
12 ward shall be reduced from two to one, or from three to two or
13 one, and shall further state the reasons why such reduction in
14 number shall be desired. The petition may also state whether it
15 is necessary to add a council member or members to be elected at
16 large in order to achieve or maintain a council consisting of at
17 least seven members or to achieve or maintain a council
18 consisting of an odd number of members. The sufficiency of the
19 number of signers to any such petition shall be ascertained as
20 of the date the petition is presented to court.
21 The court shall give notice of the filing of such petition by
22 advertisement in the legal journal of the county, if one is
23 published in the county, and in one newspaper of general
24 circulation in the borough, and in such notice shall fix a day
25 and time for hearing. After such hearing, the court may decrease
26 the number of [councilmen] council members elected from each
27 ward from two to one, or from three to two or one[.], and may
28 also provide for the election at large of a member or members of
29 council. The court shall, if necessary, establish a schedule for
30 the subsequent at-large election of council members. The
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1 schedule may provide that the initial term of one or more of the
2 council members subsequently elected at large shall be reduced
3 to accommodate a schedule of staggered at-large elections to
4 eventually insure that, as near as may be possible, one-half of
5 the members of council elected at large will be elected at each
6 municipal election.
7 At each municipal election thereafter in such borough, where
8 there are two members from each ward, the electors of each ward
9 shall elect one [councilman] council member, to hold office for
10 a term of four years from the first Monday of January next
11 succeeding [his] the election.
12 At each municipal election thereafter in such boroughs, where
13 there is one member from each ward, the electors from each of
14 the odd-numbered wards shall, at the first municipal election
15 thereafter, elect one [councilman] council member for a term of
16 four years, and the electors from each of the even-numbered
17 wards shall elect one [councilman] council member for a term of
18 two years. At each municipal election thereafter, the electors
19 of the even-numbered wards, or odd-numbered wards as the case
20 may be, shall each elect one [councilman] council member for a
21 term of four years, to take the place of those whose terms are
22 about to expire. All such [councilmen] council members shall
23 take office on the first Monday of January following their
24 election.
25 In any borough where, under the provisions of this section,
26 the number of [councilmen] council members shall be reduced, the
27 [councilmen] council members then in office shall remain in
28 office until the end of their respective terms.
29 Section 2. This act shall take effect in 60 days.
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