PRIOR PRINTER'S NO. 2152

PRINTER'S NO.  2755

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1702

Session of

2011

  

  

INTRODUCED BY GINGRICH, ROSS, CREIGHTON, FREEMAN AND SANTARSIERO, JUNE 21, 2011

  

  

AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, NOVEMBER 15, 2011   

  

  

  

AN ACT

  

1

Reenacting and amending the act of February 1, 1966 (1965

2

P.L.1656, No.581), entitled "An act concerning boroughs, and

3

revising, amending and consolidating the law relating to

4

boroughs."

5

TABLE OF CONTENTS

6

ARTICLE I

7

PRELIMINARY PROVISIONS

8

Section 101.  Short Title.

9

Section 102.  Excluded Provisions.

10

Section 103.  Construction of Act Generally.

11

Section 104.  Constitutional Construction.

12

Section 105.  Construction of References.

13

Section 106.  Boroughs to Which Act Applies.

14

Section 107.  Acceptance of Act by Boroughs.

15

Section 107.1.  Acceptance of Act by Incorporated Towns.

16

Section 108.  Effective Date.

17

Section 109.  Publication of Notices.

18

Section 110.  Terms of Existing Officers Saved.

 


1

Section 111.  Definitions.

2

ARTICLE II

3

CREATION AND ALTERATION OF BOROUGHS

4

(a)  Incorporation of Boroughs

5

Section 201.  Areas May be Incorporated.

6

Section 202.  Applications for Incorporation.

7

Section 202.1.  Borough Advisory Committee.

8

Section 202.2.  Advisability of Incorporation; Certification of

9

Question for Referendum; Decree.

10

Section 205.  When Borough Government Becomes Effective;

11

Requisites of Charter.

12

Section 206.  Exclusion of Farm Lands.

13

Section 207.  Corporate Name.

14

Section 210.  Certificates of Clerk of Court; Fees; Penalty.

15

Section 211.  Existing Government Preserved Temporarily;

16

Organization of Borough; Election of Borough

17

Officers.

18

Section 212.  Marking Borough Boundaries.

19

Section 213.  Agreement to Adjust Indebtedness Where Borough

20

Created.

21

Section 214.  Judicial Adjustment on Failure of Agreement.

22

Section 215.  Proceeding on Judicial Adjustment Award.

23

Section 216.  Exceptions to Report.

24

Section 217.  Compensation and Expenses of Commissioners; Costs.

25

Section 218.  Where Territory of Borough is Located in Two or

26

More Counties.

27

Section 219.  Bond Issues; Taxation.

28

(c)  Creation of Boroughs from Cities of the Third Class

29

Section 231.  Petition for Creation of Borough from a City of

30

the Third Class.

- 2 -

 


1

Section 232.  Filing Petition; Notice of Election; Return.

2

Section 233.  When Borough Government Effective.

3

Section 234.  Property; Assets; Liabilities; Ordinances; Wards;

4

Election Districts and Certain Officers.

5

Section 235.  Costs and Expenses.

6

(d)  Consolidation or Merger of Boroughs and

7

Change of Corporate Name

8

Section 241.  Consolidation or merger.

9

Section 242.  Change of corporate name.

10

ARTICLE V

11

BOROUGH BOUNDARIES

12

Section 501.  Stream Boundaries.

13

Section 502.  Petition to Court; Establishment of Disputed

14

Boundaries.

15

Section 503.  Commissioners; Report.

16

Section 504.  Exceptions and Procedure.

17

Section 505.  Compensation and Expenses of Commissioners; Costs.

18

Section 506.  Boundary Monuments.

19

ARTICLE VI

20

BOROUGH WARDS

21

Section 601.  Power of Council to Erect, Abolish and Change

22

Wards and to Adjust, Alter and Establish Lines.

23

Section 602.  Petition of Electors.

24

Section 603.  Notice of Ordinance.

25

Section 604.  (Reserved).

26

Section 605.  (Reserved).

27

Section 606.  Terms of Officers.

28

ARTICLE VII

29

ASSOCIATIONS AND ORGANIZATIONS

30

Section 701.  State Association of Boroughs.

- 3 -

 


1

Section 701.1.  Authorization to Attend and Payment of Expenses

2

for Attending Meetings, Etc.

3

Section 701.2.  Compensation of Officers and Employes for

4

Attending Meetings, Etc.

5

Section 702.  County and Regional Associations of Boroughs.

6

Section 703.  Other Associations and Organizations.

7

Section 704.  Associations and Organizations for Mayors.

8

Section 705.  National or State Lodge of Police Officers.

9

ARTICLE VIII

10

ELECTIONS OF OFFICERS

11

(a)  General Provisions Relating to Elected Officers

12

Section 801.  Electors Only to be Eligible; Incompatibility.

13

Section 802.  Time and Place of Elections.

14

Section 803.  Certificates of Election.

15

Section 804.  Term; Bonds.

16

Section 805.  Election of Borough Officers When Boroughs

17

Created, Etc.

18

Section 806.  Officers to be Elected.

19

(b)  Members of Council

20

Section 811.  Election of Members of Council.

21

Section 812.  Election of Members of Council Where New Wards

22

Created.

23

Section 813.  Fixing Number of Members of Council When Wards

24

Created.

25

Section 814.  Increase in Number of Ward Council Members.

26

Section 815.  Decrease of Number of Ward Council Members.

27

Section 816.  Election of Members of Council Where Wards

28

Abolished.

29

Section 817.  Vacancies Created After a Primary Election.

30

Section 818.  Decrease in Number of Members of Council.

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1

ARTICLE IX

2

VACANCIES IN OFFICE

3

Section 901.  Filling Vacancies in Elective Borough Offices.

4

Section 902.  Collection of Taxes Where Vacancy in Office of Tax

5

Collector Not Filled.

6

Section 903.  Right of Council to Declare Seat of Member Vacant

7

for Failure to Qualify.

8

Section 905.  Temporary Auditor.

9

ARTICLE X

10

POWERS AND DUTIES OF ELECTED

11

BOROUGH OFFICIALS

12

(a)  Council

13

Section 1001.  Organization of Council; Quorum; Participation by

14

Telecommunication Device; Voting; Compensation;

15

Eligibility.

16

Section 1002.  Oath of Members of Council.

17

Section 1003.  When the Mayor May Preside Over Council and Vote;

18

Attendance of Mayor at Council Meetings; Breaking Tie

19

Votes.

20

Section 1004.  Failure of Council to Organize.

21

Section 1005.  Powers of Council.

22

Section 1006.  Duties of Council.

23

Section 1009.  Typewritten, Printed, Photocopied, Microfilmed

24

and Electronically or Digitally Stored Records Valid;

25

Recording or Transcribing Records.

26

Section 1014.  Hearings Before Council; Witnesses.

27

Section 1015.  Witness Fees and Mileage.

28

Section 1016.  Examination of Witnesses; Penalty.

29

(c)  Auditors

30

Section 1041.  Auditors to Meet Yearly, and Audit Accounts.

- 5 -

 


1

Section 1053.  Compensation of Auditors.

2

Section 1055.  Subpoenas; Oath; Perjury.

3

Section 1058.  Pay of Witnesses.

4

Section 1059.  Auditors to Settle Accounts Where Witnesses Do

5

Not Appear.

6

Section 1059.1.  Completion, Filing and Publication of Auditor's

7

Report and Financial Statement.

8

Section 1059.2.  Attorney to Auditors.

9

Section 1059.3.  Surcharge by Auditors.

10

Section 1059.4.  Appeals from Audit.

11

Section 1059.5.  Taxpayers Appealing to Enter Bond.

12

Section 1059.6.  Procedure on Appeals.

13

Section 1059.7.  Findings of Fact and Law; Judgment; Appeals.

14

Section 1059.8.  Attorney Fees.

15

Section 1059.9.  Balances Due to be Entered as Judgments.

16

Section 1059.10.  Penalty for Failure to Comply with Law.

17

Section 1059.11.  General Powers and Duties of Independent

18

Auditor.

19

(d)  Controller

20

Section 1061.  Oath and Bond of Controller.

21

Section 1062.  Salary of Controller.

22

Section 1063.  General Powers and Duties of Controller.

23

Section 1065.  Controller to Countersign Warrants.

24

Section 1066.  Controller to Prevent Appropriation Overdrafts.

25

Section 1067.  Amount of Contracts to be Charged Against

26

Appropriations.

27

Section 1068.  Controller's Recommendations on Borough Finances.

28

Section 1069.  Books to be Kept by Controller.

29

Section 1070.  Appeals from Controller's Report.

30

Section 1071.  Acceptance by Ordinance.

- 6 -

 


1

(f)  Tax Collector

2

Section 1086.  Powers and Duties of Tax Collector.

3

ARTICLE X-A

4

MAYOR

5

Section 1001-A.  Eligibility of mayor.

6

Section 1002-A.  Incompatible offices.

7

Section 1003-A.  Oath of mayor.

8

Section 1004-A.  Salary of mayor.

9

Section 1005-A.  Salaried mayor not to receive certain fees.

10

Section 1006-A.  General powers of mayor.

11

Section 1007-A.  Duties of mayor.

12

Section 1008-A.  When president or vice-president of council to

13

act as mayor.

14

ARTICLE XI

15

POWERS, DUTIES AND RIGHTS OF APPOINTED 

16

OFFICERS AND EMPLOYES

17

(a)  General Provisions

18

Section 1101.  Compensation; Hours and Days of Work; Outside

19

Employment.

20

Section 1102.  Accounts.

21

Section 1103.  Bonds.

22

Section 1104.  Appointments; Incompatible Offices.

23

Section 1105.  Compensation to Aged Employes.

24

Section 1105.1.  Retirement Benefits of Employes Transferred to

25

Wastewater Authorities.

26

(b)  Treasurer

27

Section 1106.  Bond and Duties.

28

Section 1107.  Assistant Treasurer.

29

(c)  Secretary

30

Section 1111.  Duties.

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1

Section 1112.  Assistant Secretary.

2

Section 1113.  Records Open to Inspection.

3

(d)  Solicitor

4

Section 1116.  Solicitor to Have Control of Legal Matters.

5

Section 1117.  Duties of Solicitor; Outside Counsel.

6

Section 1118.  Assistant Solicitor.

7

(e)  Police

8

Section 1121.  Council's Powers; Police.

9

Section 1122.  Police Serving Under Cooperative Agreement or

10

Contract.

11

Section 1123.  Police Badge.

12

Section 1123.1.  Mayor's Powers; Police.

13

Section 1124.  Suspension by Mayor.

14

Section 1125.  Compensation.

15

Section 1127.  School Crossing Guards.

16

(f)  Police Pension Fund in Boroughs Having a Police Force

17

of Less Than Three Members

18

Section 1131.  Police Pension Fund.

19

Section 1132.  Private Police Pension Funds; Optional Transfers.

20

(g)  Borough Manager

21

Section 1141.  Borough Manager May be Created by Ordinance;

22

Election.

23

Section 1142.  Powers and Duties[; Bond].

<--

24

Section 1143.   Other Offices Not Incompatible.

25

(j)  Civil Service for Police and

26

Fire Apparatus Operators

27

Section 1171.  Appointments of Police and Fire Apparatus

28

Operators.

29

Section 1172.  Civil Service Commission Created; Appointments;

30

Vacancies; Oath; Compensation.

- 8 -

 


1

Section 1173.  Offices Incompatible with Civil Service

2

Commissioner.

3

Section 1174.  Organization of Commission; Quorum.

4

Section 1175.  Clerks and Supplies, Etc.; Solicitor.

5

Section 1176.  Rules and Regulations.

6

Section 1177.  Minutes and Records.

7

Section 1178.  Investigations.

8

Section 1179.  Subpoenas.

9

Section 1180.  Annual Report.

10

Section 1181.  General Provisions Relating to Examinations.

11

Section 1182.  Application for Examination.

12

Section 1183.  Rejection of Applicant; Hearing.

13

Section 1184.  Eligibility List and Manner of Filling

14

Appointments.

15

Section 1185.  Age, Applicant's Residence.

16

Section 1186.  Probationary Period.

17

Section 1187.  Provisional Appointments.

18

Section 1188.  Promotions.

19

Section 1189.  Physical and Psychological Medical Examination.

20

Section 1190.  Removals.

21

Section 1191.  Hearings on Dismissals and Reductions.

22

Section 1192.  Employes Exempted.

23

Section 1193.  Discrimination on Account of Political or

24

Religious Affiliations.

25

Section 1194.  Penalty.

26

ARTICLE XII

27

CORPORATE POWERS

28

Section 1201.  General Powers.

29

Section 1201.1.  Real Property.

30

Section 1201.2.  Personal Property.

- 9 -

 


1

Section 1201.3.  Exceptions.

2

Section 1202.  Specific Powers.

3

Section 1203.  General Powers.

4

ARTICLE XIII

5

TAXATION AND FINANCE

6

Section 1301.  Fiscal Year.

7

Section 1302.  Tax Levy.

8

Section 1302.1.  Different and Separate Tax Levies.

9

Section 1303.  Special Levy to Pay Debts.

10

Section 1304.  Special Road Fund Tax.

11

Section 1305.  Date Tax Duplicate to Issue.

12

Section 1306.  Additions and Revisions to Duplicates.

13

Section 1307.  Preparation of Budget.

14

Section 1308.  Notice of Proposed Budget; Penalty.

15

Section 1309.  Revision and Completion of Budget.

16

Section 1310.  Adoption of Budget.

17

Section 1310.1.  Tax Ordinance.

18

Section 1311.  Amending Budget; Notice.

19

Section 1312.  Modification of Budget; Supplemental

20

Appropriations and Transfers.

21

Section 1313.  Payment from Borough Funds.

22

Section 1313.1.  Creation of Special Funds; Investments.

23

Section 1314.  Uniform Financial Report; Forms.

24

Section 1315.  Capital Improvements to Certain Public Service

25

Facilities.

26

Section 1316.  Investment of Funds.

27

ARTICLE XIV

28

CONTRACTS

29

Section 1401.  Power to Make Contracts.

30

Section 1402.  Regulation of Contracts.

- 10 -

 


1

Section 1403.  Evasion of Advertising Requirements.

2

Section 1404.  Personal Interest in Contracts or Purchases.

3

Section 1404.1.  Purchase Contracts for Petroleum Products; Fire

4

Company, Etc., Participation.

5

Section 1405.  Separate Bids for Plumbing, Heating, Ventilating

6

and Electrical Work.

7

Section 1406.  Bonds for the Protection of Labor and Materials.

8

Section 1410.  Acceptance by Contractor of Workers' Compensation

9

Act.

10

ARTICLE XV

11

EMINENT DOMAIN; ASSESSMENT OF DAMAGES;

12

DAMAGES FOR INJURY TO PROPERTY

13

(a)  General Provisions Relating to Eminent Domain

14

Section 1501.  Exercise of Eminent Domain.

15

Section 1502.  Restrictions as to Certain Property.

16

Section 1502.1.  Declaration of Intention.

17

Section 1503.  Application of 26 Pa.C.S.

18

(c)  Damages for Injury to Property

19

Section 1561.  Right to Damage Given in Certain Cases.

20

ARTICLE XVII

21

STREETS

22

(a)  General Provisions Relating to Streets

23

Section 1701.  Definitions.

24

Section 1704.  Streets Connecting With Street of Other

25

Municipality.

26

Section 1705.  Entry on Land to Maintain Marks and Monuments.

27

Section 1706.  Exclusive Nature of Provisions.

28

Section 1707.  Failure of Council to Hold Hearing.

29

Section 1708.  Street Lighting, Ornamental Lighting and Traffic

30

Control Signals and Devices.

- 11 -

 


1

(b)  Plan of Streets

2

Section 1712.  Borough Street Plan.

3

(c)  Laying Out Streets

4

Section 1721.1.  Power to Lay Out, Open, Etc.

5

Section 1721.2.  Laying Out Streets; Procedure.

6

Section 1724.  Effect of Laying Out Street.

7

(d)  Opening; Acceptance and Vacation of Streets

8

Section 1731.  Authority to Open and Vacate Streets; Procedure.

9

Section 1732.  Petition for Opening or Vacating Street; Action

10

Thereon.

11

Section 1733.  Action for Damages and Benefits; Award.

12

Section 1734.  Acceptance and Dedication of Streets.

13

Section 1735.  Streets Not to Be Constructed, or Dedicated or

14

Opened to Travel Without the Approval of Council.

15

(f)  Straightening and Relocating Streets

16

Section 1751.  Authority to Straighten and Relocate Streets;

17

Procedure.

18

(g)  Improvement of Borough Streets

19

Section 1761.  Proceedings With or Without Petition.

20

(h)  Improvement of Streets Outside or Partly

21

Outside Borough Limits

22

Section 1771.  Improvement of Streets Outside or Partly Outside

23

Borough Limits.

24

(i)  Acquisition or Use of Abutting Lands

25

Section 1782.  Acquisition of Property for Unobstructed View.

26

ARTICLE XVIII

27

SIDEWALKS

28

Section 1801.  Power to Lay Out and Establish Sidewalks and to

29

Compel the Construction Thereof.

30

Section 1802.  Sidewalks on Land Abutting State Highways and

- 12 -

 


1

Along Roads Outside Borough.

2

Section 1803.  Establishment of Grades.

3

Section 1804.  Boroughs May Pay All or Part of Cost of Grading

4

and Curbing.

5

Section 1805.  Borough May Do Work; Collection of Cost.

6

Section 1806.  Emergency Repairs to Sidewalks.

7

ARTICLE XIX

8

BRIDGES, VIADUCTS AND UNDERGROUND

9

PASSAGEWAYS

10

Section 1901.  Construction or Acquisition and Maintenance of

11

Bridges and Viaducts.

12

Section 1902.  Right to Appropriate Property; Assessment of

13

Damages.

14

Section 1903.  Boundary Bridges.

15

Section 1904.  Contracts With Railroads and Other Companies and

16

With Counties.

17

Section 1905.  Overhead and Underground Passageways.

18

ARTICLE XX

19

SANITARY SEWERS

20

(a)  Laying Out, Construction and Operation of Sanitary Sewers

21

and Construction of Sewage Treatment Works

22

Section 2001.  Power to Lay Out and Construct.

23

Section 2002.  Assessments.

24

Section 2009.  Extensions Beyond Borough Limits; Eminent Domain.

25

Section 2010.  Notice of Certain Ordinances.

26

Section 2012.  Unlawful to Build Within Right-of-Way of Sanitary

27

Sewers.

28

Section 2013.  Opening Sanitary Sewers.

29

(b)  Joint Sanitary Sewers

30

Section 2021.  Joint Sanitary Sewer Systems.

- 13 -

 


1

Section 2023.  Connections with Sanitary Sewers of Adjacent

2

Municipalities.

3

Section 2024.  Applications to Court.

4

Section 2025.  Appointment of Viewers.

5

Section 2026.  Report of Viewers; Appeals to Court.

6

(d)  Acquisition of Community Collection or Disposal Systems

7

Section 2041.1.  Power to Acquire Community Collection or

8

Disposal Systems.

9

Section 2043.  Community Sewage Collection or Disposal Systems.

10

(e)  Connection and Use of Sanitary Sewers

11

Section 2051.  Ordinances to Require Sanitary Sewer Connections.

12

Section 2053.  Tapping Fees.

13

(f)  Monthly, Quarterly or Annual Rentals

14

Section 2061.  Ordinance for Monthly, Quarterly or Annual

15

Rental.

16

Section 2062.  How Rental Fixed.

17

Section 2063.  Collection of Rental.

18

ARTICLE XXI-A

19

ASSESSMENTS AND CHARGES FOR PUBLIC IMPROVEMENTS

20

Section 2101-A.  Authority to assess.

21

Section 2102-A.  Notice of assessments.

22

Section 2103-A.  Assessment based on front foot basis.

23

Section 2104-A.  Assessment of benefits conferred.

24

Section 2105-A.  Assessment awards.

25

Section 2106-A.  Petition for viewers.

26

Section 2107-A.  Payment of assessments in installments.

27

Section 2108-A.  Collection of assessments.

28

ARTICLE XXII

29

STORM SEWERS AND WATER COURSES

30

Section 2201.  Authority of Boroughs.

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1

Section 2202.  Right of Entry Upon Lands.

2

Section 2203.  Manner of Financing Work.

3

Section 2204.  Proceedings to Assess Damages.

4

Section 2205.  Unlawful to Build Within Right-of-Way of Storm

5

Sewers.

6

Section 2206.  Power to Acquire Storm Sewer Systems.

7

ARTICLE XXIV

8

WATER SYSTEM

9

(a)  General Powers to Supply Water

10

Section 2401.  Power to Supply Water and Make Regulations.

11

Section 2402.  Contracts Not to Abridge Powers.

12

Section 2403.  Issue of Bonds Where Water System Acquired.

13

Section 2404.  Refunding Bonds.

14

Section 2406.  Contracts to Supply Water for Municipal Purposes.

15

Section 2407.  Power to Supply Water Beyond Limits of Borough.

16

Section 2408.  Assessment for Water Mains.

17

Section 2409.  Sale of Water System.

18

(a.1)  Acquisition by Eminent Domain

19

Section 2411.  Appropriation of Lands and Waters.

20

Section 2412.  Agreements as to Damages; Bonds.

21

(a.2)  Acquisition by Purchase after Appraisement

22

Section 2421.  Petition to Court Expressing Desire to Acquire a

23

Water System.

24

Section 2422.  Appointment of Engineers as Appraisers to Make

25

Valuation.

26

Section 2423.  Powers of Appraisers.

27

Section 2424.  Appeal from Appraisement.

28

Section 2425.  Effect of Failure of Owner of Works to Accept

29

Price Fixed.

30

Section 2426.  Bond Issue and Limitations.

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1

(a.3)  Power to Lease a Water System

2

Section 2431.  Lease of a Water System.

3

Section 2432.  Term of Lease; Rental.

4

Section 2433.  Operation of Property.

5

(a.4)  Joint Water System

6

Section 2436.  Joint Acquisitions and Constructions.

7

Section 2437.  Permit of Department of Environmental Protection.

8

Section 2438.  Joint Commission of a Water System.

9

(a.5)  Condemnation of Lands for Road Purposes

10

and to Prevent Contamination

11

Section 2441.  Prevention of Contamination of Water Supply;

12

Acquisition of Lands to Reconstruct Roads.

13

Section 2442.  Filing Maps and Plans.

14

(a.6)  Commission of the Water System

15

Section 2451.  Commission May Be Established.

16

Section 2452.  Terms of Commissioners; Compensation.

17

Section 2453.  Organization of Commissioners.

18

Section 2454.  Powers of Commission.

19

Section 2455.  Issue of Bonds.

20

Section 2456.  Plans and Specifications for the Improvements;

21

Contracts.

22

Section 2457.  Reports by Commission.

23

Section 2458.  Care of Funds.

24

(a.7)  Water Connections

25

Section 2461.  Ordinances to Require Water Connections.

26

Section 2462.  Notice of Ordinance; Failure to Comply With

27

Ordinance.

28

Section 2463.  Water Main Tapping Fees.

29

ARTICLE XXIV-A

30

MANUFACTURE AND SUPPLY OF ELECTRICITY

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1

Section 2401-A.  Definitions.

2

Section 2402-A.  General powers.

3

Section 2403-A.  Specific powers.

4

Section 2404-A.  Municipal power agencies.

5

Section 2405-A.  Additional contracting authority for electric

6

power and energy.

7

ARTICLE XXV-A

8

AIRPORTS

9

Section 2501-A.  Authority to secure lands for airports.

10

Section 2502-A.  Authority to establish and lease airports.

11

Section 2503-A.  Joint airports.

12

ARTICLE XXVI

13

WHARVES AND DOCKS

14

Section 2601.  Power With Regard to Wharves and Docks.

15

Section 2603.  Proceedings.

16

Section 2604.  How Damages Assessed.

17

Section 2605.  Leases.

18

Section 2606.  Market-Houses and Terminal Sheds.

19

Section 2607.  Public Use Preserved.

20

Section 2608.  Saving Clause.

21

ARTICLE XXVII

22

RECREATION PLACES, SHADE TREES, FORESTS

23

(a)  Parks and Playgrounds, Et Cetera

24

Section 2701.  Power to Maintain, Improve and Acquire.

25

Section 2703.  Appropriations for Public Purposes.

26

Section 2708.  Creation of Recreation Board.

27

Section 2709.  Composition of Board.

28

Section 2710.  Organization of Board; Employes.

29

Section 2713.  Lease for School Athletics.

30

(b)  Shade Trees

- 17 -

 


1

(1)  Power of Boroughs as to Shade Trees

2

Section 2720.  Care, Custody and Control of Shade Trees.

3

Section 2720.1.  Maintenance by Borough; Tax Levy.

4

Section 2720.2.  Payment by Owners; Assessments.

5

Section 2720.3.  Notice of Work.

6

Section 2720.4.  Penalties.

7

(2)  Shade Tree Commission

8

Section 2721.  Shade Tree Commission.

9

Section 2722.  Composition of Commission.

10

Section 2724.1.  Duties of Commission.

11

(c)  Forests

12

Section 2751.  Acquisition of Land for Forest Purposes.

13

Section 2753.  Ordinance Declaring Intention.

14

Section 2754.  Appropriations of Money.

15

Section 2755.  Rules and Regulations.

16

Section 2756.  Appropriations and Revenues.

17

Section 2757.  Use of Forests.

18

Section 2758.  Ordinance of Sale.

19

Section 2759.  Pruning or Thinning Out; Sale of Products

20

Thereof.

21

ARTICLE XXVIII

22

CEMETERIES

23

Section 2800.  Appropriations for Burial Ground Maintenance.

24

Section 2800.1.  Burial of Deceased Persons.

25

Section 2801.  Management by Commission.

26

Section 2802.  Transfer from Borough to Company.

27

Section 2805.  Transfer from Company to Borough.

28

Section 2805.1.  Neglected or Abandoned Cemeteries.

29

Section 2808.  Removing Bodies to Alter Plots.

30

Section 2809.  Removal of Bodies to Other Cemeteries.

- 18 -

 


1

Section 2816.  Purchase of Plots for Burial of Deceased Service

2

Persons.

3

ARTICLE XXIX

4

LICENSES AND LICENSE FEES

5

Section 2901.  Licensing Transient Retail Business.

6

Section 2902.  Commonwealth Licenses Saved.

7

Section 2903.  Licensing Parking Lots and Parking Garages

8

Operated for Profit.

9

Section 2904.  Persons Taking Orders by Samples.

10

Section 2905.  Equality of Residents and Non-Residents.

11

Section 2906.  Insurance Business.

12

ARTICLE XXIX-A

13

VETERANS' AFFAIRS

14

(a)  Pennsylvania National Guard

15

Section 2901-A.  Eminent domain for National Guard purposes.

16

Section 2902-A.  Lands for armory purposes.

17

Section 2903-A.  Appropriation to assist in erection of

18

armories.

19

Section 2904-A.  Support of Pennsylvania National Guard units.

20

(b)  Support of Veterans' Organizations

21

Section 2911-A.  Appropriations to organizations of veterans and

22

American Gold Star Mothers.

23

Section 2912-A.  Payment of rent for veterans' organizations.

24

Section 2913-A.  Rooms for veterans' and children of veterans'

25

organizations.

26

Section 2914-A.  Care and erection of memorials.

27

ARTICLE XXXI

28

HEALTH AND SANITATION

29

Section 3101.  Establishment of Board of Health; Health

30

Officers.

- 19 -

 


1

Section 3102.  Members of Board of Health.

2

Section 3103.  Oaths of Members, Secretary and Health Officer;

3

Organization; Bonds.

4

Section 3104.  Duties of Secretary.

5

Section 3105.  Powers and Duties of Health Officer.

6

Section 3106.  Powers of Board of Health.

7

Section 3107.  Entry Upon Premises.

8

Section 3108.  Inspections; Abatement of Nuisances.

9

Section 3109.  Estimates of Expenditures; Report.

10

Section 3110.  Cooperation With Other Units.

11

Section 3111.  Powers of Department of Health to Administer

12

Health Laws; Expenses.

13

ARTICLE XXXII-A

14

UNIFORM CONSTRUCTION CODE, PROPERTY MAINTENANCE

15

CODE AND RESERVED POWERS

16

Section 3201-A.  Primacy of Uniform Construction Code.

17

Section 3202-A.  Changes in Uniform Construction Code.

18

Section 3203-A.  Public nuisance.

19

Section 3204-A.  Property maintenance code.

20

Section 3205-A.  Reserved powers.

21

ARTICLE XXXIII

22

ORDINANCES

23

(a)  General Provisions

24

Section 3301.1.  Ordinances; resolutions.

25

Section 3301.2.  Publication of proposed ordinances.

26

Section 3301.3.  Enactment, approval and veto of ordinances;

27

effective date.

28

Section 3301.4.  Recording, advertising and proof of ordinances.

29

Section 3301.5.  Codification of ordinances.

30

Section 3301.6.  Appeals from ordinances.

- 20 -

 


1

Section 3301.7.  Lost ordinance books to be replaced; recording

2

ordinances.

3

(b)  Enforcement

4

Section 3321.  Fines and penalties.

5

Section 3322.  Commitments Pending Hearings.

6

Section 3323.  Commitments After Hearing.

7

Section 3324.  Payment of Costs by Borough.

8

ARTICLE XXXV

9

ACTS OF ASSEMBLY REPEALED; SAVING CLAUSE

10

Section 3501.  Acts of Assembly Repealed; Saving Clause.

11

The General Assembly of the Commonwealth of Pennsylvania

12

hereby enacts as follows:

13

Section 1.  Article I heading and section 101 of the act of

14

February 1, 1966 (1965 P.L.1656, No.581), known as The Borough

15

Code, are reenacted to read:

16

ARTICLE I

17

PRELIMINARY PROVISIONS

18

Section 101.  Short Title.--This act shall be known and may

19

be cited as "The Borough Code."

20

Section 2.  Sections 102 and 103 of the act are amended to

21

read:

22

Section 102.  Excluded Provisions.--This act does not include

23

any provisions, and shall not be construed to repeal any acts,

24

relating to:

25

(1)  The assessment and valuation of property and persons for

26

the purpose of taxation and the collection of taxes, except as

27

provided herein.

28

(2)  The collection of municipal claims by liens.

29

(3)  The method of incurring or increasing indebtedness.

30

(4)  Conduct of elections.

- 21 -

 


1

(5)  Public schools.

2

(6)  [Borough] The powers and duties of borough and ward

3

constables.

4

(7)  [Justices of the peace] Magisterial district judges.

5

(8)  The giving of municipal consent to public [utility

6

corporations] utilities.

7

(9)  State highways.

8

(10)  Validations of elections, bonds, ordinances, and acts

9

of corporate officers.

10

(11)  Any of the provisions of [The Penal Code] 18 Pa.C.S.

11

(relating to crimes and offenses).

12

(12)  Any of the provisions of 75 Pa.C.S. (relating to

13

vehicles).

14

Section 103.  Construction of Act Generally.--(a)  The

15

provisions of this act, so far as they are the same as those of

16

existing laws, are intended as a continuation of [such] existing 

17

laws and not as new enactments. The repeal by this act of any

18

act of Assembly, or part thereof, shall not revive any act or

19

part thereof heretofore repealed or superseded, nor affect the

20

corporate existence of any borough heretofore incorporated. The

21

provisions of this act shall not affect any act done, liability

22

incurred, or right accrued or vested, or affect any suit or

23

prosecution pending or to be instituted to enforce any right or

24

penalty or punish any offense under the authority of [such] the

25

repealed laws. All ordinances, resolutions, regulations, and

26

rules made pursuant to any act of Assembly repealed by this act,

27

shall continue with the same force and effect as if [such] the 

28

act had not been repealed to the extent that [such] the 

29

ordinances, resolutions, regulations and rules could have been

30

made pursuant to this act. Any person holding office under any

- 22 -

 


1

act of Assembly repealed by this act shall continue to hold

2

[such] office until the expiration of the term thereof, subject

3

to the conditions attached to [such] the office prior to the

4

[passage] enactment of this act.

5

(b)  Borough council shall have the corporate powers and

6

duties and borough officials shall have the powers and duties

7

not only as set forth in this act but also as provided in other

8

laws to the extent that the powers and duties are not repealed

9

by this act.

10

Section 3.  Section 104 of the act is reenacted to read:

11

Section 104.  Constitutional Construction.--The provisions of

12

this act shall be severable and, if any of the provisions shall

13

be held to be unconstitutional, such decision shall not affect

14

the validity of any of the remaining provisions of this act. It

15

is hereby declared as a legislative intent that this act would

16

have been adopted had such unconstitutional provision not been

17

included therein.

18

Section 4.  Sections 105, 106 and 107 of the act are amended

19

to read:

20

Section 105.  Construction of References.--Whenever in this

21

act reference is made to any act by title[, such] or otherwise, 

22

reference shall also apply to and include any codification

23

wherein the provisions of the act referred to are substantially

24

reenacted.

25

Section 106.  Boroughs to Which Act Applies.--(a)  This act

26

shall apply to all boroughs, including:

27

(1)  all boroughs incorporated under general laws[, and to];

28

(2)  all boroughs incorporated under special law which have

29

accepted the provisions of the act of April 3, 1851 [(P.L.320)]

30

(P.L.320, No.218), entitled "An act regulating boroughs[," and

- 23 -

 


1

also to]";

2

(3)  all boroughs incorporated either prior to or since April

3

3, 1851, by special act of Assembly which by the act of

4

incorporation have been given the general powers of boroughs 

5

under the general law[, and also to];

6

(4)  all boroughs incorporated under or which have accepted

7

the provisions of[,] the act of May 14, 1915 [(P.L.312)]

8

(P.L.312, No.192), entitled "An act providing a system of

9

government for boroughs, and revising, amending, and

10

consolidating the law relating to boroughs[," and also to]"; and

11

(5)  all boroughs incorporated under or which have accepted

12

the provisions of, the act of May 4, 1927 [(P.L.519)] (P.L.519,

13

No.336), known as "The Borough Code."

14

(b)  This act shall not annul or repeal any local or special

15

act in force at the date of the [passage] enactment of this act,

16

or any provision thereof[, nor shall this act repeal any act so

17

far as any such act applies to, or may have heretofore applied

18

to, any boroughs incorporated under special acts of Assembly,

19

and to which boroughs, as limited by the provisions of this

20

section, this act does not apply].

21

The provisions of this act, in so far as similar provisions

22

of the [said] act of May 14, 1915 [(P.L.312)] (P.L.312, No.192),

23

and in so far as similar provisions of the [said] act of May 4,

24

1927 [(P.L.519)] (P.L.519, No.336), were extended to boroughs

25

acting under local laws, shall apply to [such] the boroughs

26

incorporated under local laws. If a provision in this act

27

conflicts with a special or local law applicable to a borough

28

that has not otherwise been surrendered, the two shall be

29

construed, if possible, so that effect may be given to both. If

30

the conflict between the two provisions is irreconcilable, the

- 24 -

 


1

provision in the local or special law shall prevail.

2

Section 107.  Acceptance of Act by Boroughs [and Incorporated

3

Towns.--Any].--(a)  A borough [or incorporated town,]

4

incorporated or acting under any local or special act of

5

Assembly, may surrender the provisions of its special and local

6

acts in their entirety, or so far as they are inconsistent with

7

this act, and be governed by the provisions of this act, by

8

presenting a petition to the court of [quarter sessions] common

9

pleas of the county setting forth the desire of [such] the 

10

borough [or incorporated town] to accept the provisions of this

11

act. The petition shall also set forth whether it is the desire

12

of the petitioners to surrender all of the provisions of its

13

special and local acts or to retain [such] the provisions of its

14

special and local acts as are not inconsistent with this act.

15

[Such] If the petition sets forth a desire to retain provisions

16

of local or special acts, it shall set forth the provisions of

17

the local or special acts to be retained. The petition shall be

18

made by the council or by at least ten percent of the registered

19

electors of the borough [or incorporated town] as of the date

20

the petition is filed.

21

(b)  Upon the presentation of the petition, the court shall

22

fix a day for hearing, of which [such] notice shall be given as

23

may be directed by the court. At [such] the hearing, any

24

inhabitant of the borough [or incorporated town] may remonstrate

25

against the granting of the petition, and the court may grant or

26

refuse the petition as to it appears just and proper.

27

If the court [grant] grants the petition, the decree of the

28

court shall be recorded in the office for the recording of

29

deeds, and thereafter the borough [or incorporated town] shall

30

be subject to all the provisions of this act, and any [such

- 25 -

 


1

incorporated town shall become a borough and the local and

2

special acts of Assembly in force in any such boroughs or

3

incorporated town shall be annulled in their entirety, or so far

4

as they are inconsistent with the provisions of this act, as may

5

be set forth in the petition in the particular case. When any

6

incorporated town accepts the provisions of this act, the decree

7

of the court permitting such acceptance shall set forth the

8

title of the new borough.] local or special acts of Assembly

9

retained as set forth in the petition. From the date of the

10

decree, any local or special act of Assembly applicable to the

11

borough shall be of no force and effect to the extent it is

12

inconsistent with this act or has been surrendered.

13

(c)  When [any] a borough [or incorporated town] shall accept

14

the provisions of this act, as provided by this section, all

15

liabilities incurred, rights accrued or vested, obligations

16

issued or contracted, and all suits and prosecutions pending or

17

to be instituted to enforce any right or penalty accrued or

18

punish any offense committed prior to [such] the acceptance, and

19

all ordinances shall continue with the same force and effect as

20

if no [such] acceptance had been made.

21

Section 5.  The act is amended by adding a section to read:

22

Section 107.1.  Acceptance of Act by Incorporated Towns.--(a)

23

An incorporated town incorporated or acting under a local or

24

special act of Assembly may, by ordinance, elect to be governed

25

by provisions of this act, and shall surrender any provisions of

26

its special and local acts, in whole or in part, that are

27

inconsistent with the provisions of this act adopted by the

28

incorporated town. The ordinance shall set forth, at length or

29

by reference, the provisions of this act to be adopted and, to

30

the extent applicable, those provisions of its special and local

- 26 -

 


1

acts to be surrendered. As of the effective date of the

2

ordinance and until such time as the ordinance may be repealed

3

or amended, the provisions of this act as set forth in the

4

ordinance shall be the law applicable to the incorporated town

5

and the provisions of any local or special acts of Assembly, to

6

the extent surrendered as set forth in the ordinance, shall be

7

of no force and effect to the extent they would otherwise apply

8

to the incorporated town.

9

(b)  An incorporated town incorporated or acting under any

10

local or special act of Assembly may elect to accept the

11

provisions of this act in their entirety and surrender all local

12

and special acts by petition as set forth in section 107. When

13

an incorporated town accepts the provisions of this act in their

14

entirety and surrenders all local and special acts, the

15

incorporated town shall become a borough and the decree of the

16

court permitting the acceptance shall set forth the name of the

17

new borough.

18

(c)  When an incorporated town shall accept the provisions of

19

this act, as provided by this section, all liabilities incurred,

20

rights accrued or vested, obligations issued or contracted, and

21

all suits and prosecutions pending or to be instituted to

22

enforce any right or penalty accrued or punish any offense

23

committed prior to acceptance, and all ordinances shall continue

24

with the same force and effect as if no acceptance had been

25

made. An incorporated town shall not have the power to alter or

26

amend any provision of this act that has been adopted in

27

accordance with this section or section 107.

28

Section 6.  Section 108 of the act is reenacted to read:

29

Section 108.  Effective Date.--This act shall take effect

30

January 1, 1966.

- 27 -

 


1

Section 7.  Section 109 of the act is amended to read:

2

Section 109.  Publication of Notices.--(a)  Wherever, in any

3

of the provisions of this act, notice is required to be given in

4

one newspaper [of general circulation [in the borough, such],

<--

5

the notice shall be published in a newspaper [of general

<--

6

circulation as defined [by the act of May 16, 1929 (P.L.1784),

<--

7

known as the "Newspaper Advertising Act," and its amendments,] 

8

in 45 Pa.C.S. § 101 (relating to definitions) which is published

<--

9

and circulated in the borough or boroughs affected, or [such] a 

10

newspaper [of general circulation,] circulated in the borough or

<--

11

boroughs affected, which has bona fide paid circulation equal to

12

or greater than any newspaper published in the borough or

13

boroughs affected by the notice. [Such notice]

14

(b)  Unless dispensed with by special order of court, notice

15

required to be published in a newspaper of general circulation 

<--

16

shall also be published in the legal [journal, if any,

17

designated by the rules of court for the publication of legal

18

notices and advertisements,] newspaper for the county of the

19

borough affected, if a legal newspaper exists, when [such] the 

20

notice refers to any proceeding in any court or the holding of

21

elections for the increase of indebtedness or the sale of

22

bonds[, unless such publication is dispensed with by special

23

order of the court].

24

(c)  Nothing in this act may preclude the publication of

<--

25

notices by means other than in a newspaper to the extent

26

authorized by law.

27

Section 8.  Section 110 of the act is reenacted to read:

28

Section 110.  Terms of Existing Officers Saved.--This act

29

shall not be construed as affecting or terminating the term of

30

any officer of a borough holding office at the time the same

- 28 -

 


1

becomes effective.

2

Section 9.  Section 111 of the act is amended to read:

3

Section 111.  Definitions.--As used in this act, unless the

4

context clearly indicates otherwise, the following words and

5

terms shall be construed as follows:

6

(1)  "Abutting property," or "abutting real estate" in

7

reference to any street shall mean any property physically

8

adjoining [such] the street, regardless of what the reversion

9

rights in [such] the street may be and regardless of where the

10

lot lines may be in relation to [such] the street.

11

[(2)  "Corporate authorities" means the borough council even

12

though the action taken is by ordinance which is subject to the

13

approval or veto of the mayor.]

14

[(3)] (2)  "Department of [Highways] Transportation" means

15

the Pennsylvania Department of [Highways] Transportation.

16

[(4)] (3)  "Highway" means a State highway of the

17

Commonwealth of Pennsylvania.

18

[(5)] (4)  "Latest official census" shall be either the most

19

recent decennial census of the United States or a later census

20

conducted by the United States Bureau of the Census, whichever

21

shall be the later.

22

(5)  "Municipal corporation" means a city, borough,

23

incorporated town, township of the first or second class or any

24

home rule municipality other than a county.

25

(6)  "Municipality" means a municipal corporation or a

26

county.

27

(7)  "Newspaper" means a newspaper of general circulation as

<--

28

defined in 45 Pa.C.S. § 101 (relating to definitions) and

29

circulated in the borough.

30

(8) (7)  "Pennsylvania Municipalities Planning Code" means

<--

- 29 -

 


1

the act of July 31, 1968 (P.L.805, No.247), known as the

2

"Pennsylvania Municipalities Planning Code."

3

[(6)] (9) (8)  "Street" means and includes any street, road,

<--

4

lane, court, cul-de-sac, alley, public way and public square.

5

Section 10.  Article II heading of the act is amended to

6

read:

7

ARTICLE II

8

CREATION AND ALTERATION OF BOROUGHS

9

Section 10.1.  Article II subdivision (a) heading of the act

10

is reenacted to read:

11

(a)  Incorporation of Boroughs

12

Section 11.  Section 201 of the act, amended December 18,

13

1992 (P.L.1650, No.181), is amended to read:

14

Section 201.  Areas May be Incorporated.--The courts of

15

common pleas may incorporate as a borough any contiguous area

16

from one or more townships within their jurisdiction[, not

17

already incorporated or a part of an incorporated municipality

18

and] having a population of at least 500 residents[, as a

19

borough, which, after]. After having been [so] incorporated[,] 

20

as a borough, the area shall be a body corporate and politic

21

[by] and shall have the name [which shall be] decreed by the

22

court. "Township" as used in this subdivision shall mean a

23

township of the second class.

24

Section 12.  Section 202 of the act, amended July 10, 1981

25

(P.L.247, No.80) and December 18, 1992 (P.L.1650, No.181), is

26

amended to read:

27

Section 202.  Applications for Incorporation.--(a)  The

28

application for incorporation shall be by a petition signed by a

29

majority of the freeholders residing within the limits of the

30

proposed borough and by the freeholders of a majority of the

- 30 -

 


1

territory within the limits of the proposed borough, when all

2

parts of the proposed borough are in the same township[, and,

3

where]. Where portions of the proposed borough are in different

4

townships, the petition shall be signed by a majority of the

5

freeholders residing in each of [such] the separate portions and

6

by the freeholders of a majority of the territory in each of

7

[such] the separate portions. The signatures must be secured

8

within three months immediately preceding the presentation

9

thereof to the court. [Such] The petition shall be subscribed by

10

and sworn to by at least one of the signers. The number of

11

signers required to sign the petition shall be ascertained as of

12

the date the petition was presented to court.

13

[(b)  The court shall establish a Borough Advisory Committee

14

which shall consist of two residents of the proposed borough,

15

two residents of the existing governmental unit or units

16

recommended by the respective governing body of the unit or

17

units and not residing within the proposed borough and one

18

resident of the county not residing in either area who shall

19

serve as the chairman of the committee. Such a committee shall

20

be established when a petition is received by the court for the

21

creation of a borough. Pursuant to this act, the members of such

22

committee shall be appointed by and shall serve at the pleasure

23

of the court. The members shall serve without salary, but the

24

court may entitle each such member to reimbursement for his

25

actual and necessary expenses incurred in the performance of his

26

official duties. The director of the County Planning Commission

27

shall serve as advisor to the committee.

28

(c)  Such committee shall, within sixty days of its creation,

29

advise the court in relation to the establishment of the

30

proposed borough. In particular, the committee shall render

- 31 -

 


1

expert advice and findings of fact relating to the desirability

2

of such an incorporation, including, but not limited to, advice

3

as to:

4

(1)  the proposed borough's ability to obtain or provide

5

adequate and reasonable community support services such as

6

police protection, fire protection and other appropriate

7

community facility services;

8

(2)  the existing and potential commercial, residential and

9

industrial development of the proposed borough; and

10

(3)  the financial or tax effect on the proposed borough and

11

existing governmental unit or units.

12

(d)  After receiving the findings-of-fact and the advice of

13

the committee, the court shall set a date for a hearing on the

14

proposed incorporation and shall hear the parties interested and

15

their witnesses. The court shall certify the question of the

16

proposed incorporation to the board of election of the county

17

for a referendum vote of the residents of the proposed borough

18

only if it finds that the conditions prescribed by this section

19

have been complied with and that the desirability of the

20

proposed incorporation is supported by a preponderance of the

21

evidence submitted at the hearing and by the committee. Upon

22

receipt of the certified election results, the court shall enter

23

a final decree granting or denying the prayer of the

24

petitioners.] For purposes of this subsection, the residence of

25

freeholders shall be established by evidence of domicile in a

26

permanent structure.

27

(e)  Upon presentation to the court, the petition shall be

28

filed with the clerk of court, and notice of the petition shall

29

be published in one newspaper of general circulation and in the

<--

30

legal newspaper, as defined in 45 Pa.C.S. § 101 (relating to

- 32 -

 


1

definitions), if any, once a week for four consecutive weeks

2

immediately following the filing of the petition, during which

3

time exceptions may be filed to the petition by any person

4

interested. The notice shall state when and where the petition

5

was filed and the time during which exceptions may be filed to

6

the petition.

7

(f)  The petition shall set forth the name of the proposed

8

borough, with a particular description of the boundaries of the

9

borough, and be accompanied with a plot of the proposed borough.

10

If the boundaries of the proposed borough are not the same as an

11

existing township or townships, the description shall include

12

the courses and distances of the boundaries. If the boundaries

13

of the proposed borough are the same as an existing township or

14

townships, the description need not contain the courses and

15

distances of the boundaries but shall refer to the name and

16

location of the existing township or townships.

17

Section 13.  The act is amended by adding sections to read:

18

Section 202.1.  Borough Advisory Committee.--(a)  The court

19

shall establish a Borough Advisory Committee when a petition is

20

received by the court for the creation of a borough. The

21

committee members shall be appointed by and shall serve at the

22

pleasure of the court, and shall consist of two residents of the

23

proposed borough, two residents from each of the existing

24

townships recommended by the respective governing body of the

25

township or townships and not residing within the proposed

26

borough and one resident of the county not residing in either

27

area who shall serve as the chair of the committee. The members

28

shall serve without salary, but the court may entitle each

29

member to reimbursement for the member's actual and necessary

30

expenses incurred in the performance of the member's official

- 33 -

 


1

duties. The members may consult with the director of the County

2

Planning Commission who may advise the committee.

3

(b)  The committee shall, within sixty days of its creation,

4

advise the court in relation to the establishment of the

5

proposed borough. In particular, the committee shall render

6

expert advice and findings of fact relating to the desirability

7

of an incorporation, including, but not limited to, advice as

8

to:

9

(1)  the proposed borough's ability to obtain or provide

10

adequate and reasonable community support services such as

11

police protection, fire protection and other appropriate

12

community facility services;

13

(2)  whether the proposed borough constitutes a harmonious

14

whole with common interests and needs that can best be served by

15

a borough government. In examining this factor, the committee

<--

16

shall consider whether the proposed borough represents a

17

distinct community with features different from those of the

18

existing township or townships;

19

(3)  the existing and potential commercial, residential and

20

industrial development of the proposed borough;

21

(4)  whether the proposed borough would provide for land use

22

regulations to meet the legitimate needs for all categories of

23

residents or whether the plan is exclusionary or would result in

24

economic segregation; and

25

(5)  the financial or tax effect on the proposed borough and

26

existing township or townships.

27

Section 202.2.  Advisability of Incorporation; Certification

28

of Question for Referendum; Decree.--(a)  After receiving the

29

findings-of-fact and the advice of the committee, the court

30

shall set a date for a hearing on the proposed incorporation and

- 34 -

 


1

shall hear the parties interested, which shall include, but not

2

be limited to, the holders of any ownership interest in real

3

property within the limits of the proposed borough, and their

4

witnesses. If, after the hearing, the court deems further

5

investigation necessary to determine the advisability of

6

incorporation, it may make an order as is needed to obtain the

7

additional information. When the court has obtained all

8

reasonably necessary information, and has determined that the

9

conditions prescribed by this section have been complied with,

10

the court shall determine the desirability of the proposed

11

incorporation based upon the evidence submitted at the hearing

12

and by the committee, any additional information obtained after

13

the hearing, and any other applicable factors the court deems

14

relevant.

15

(b)  If the court determines that the desirability of the

16

proposed incorporation is not supported by a preponderance of

17

the evidence, the court shall enter a final decree denying the

18

request of the petitioners and no other proceedings shall be

19

had. If the court determines that the desirability of the

20

proposed incorporation is supported by a preponderance of the

21

evidence, the court shall certify the question of the proposed

22

incorporation to the board of election of the county for a

23

referendum vote of the residents of the proposed borough. Upon

24

receipt of the certified election results, the court shall enter

25

a final decree granting or denying the request of the

26

petitioners.

27

(c)  The petition and the final decree either granting or

28

denying the petition shall be recorded in the recorder of deed's

29

office of the county at the expense of the petitioners, who

30

shall also pay all other expenses and costs in connection with

- 35 -

 


1

the proceedings.

2

Section 14.  Section 203 of the act, amended November 30,

3

1967 (P.L.657, No.304), is repealed:

4

[Section 203.  Contents of Petition.--The petition shall set

5

forth the name of the proposed borough, with a particular

6

description of the boundaries thereof, and be accompanied with a

7

plot of the same. If the boundaries of the proposed borough are

8

not the same as an existing political subdivision, the

9

description shall include the courses and distances of the

10

boundaries. If the boundaries of the proposed borough are the

11

same as an existing political subdivision, the description need

12

not contain the courses and distances of the boundaries but

13

shall refer to the name and location of the existing political

14

subdivision.]

15

Section 15.  Section 204 of the act is repealed:

16

[Section 204.  Filing of Petition; Notice; Decree; Costs.--

17

Upon presentation to the court, the petition shall be filed with

18

the clerk, and notice thereof shall be given in one newspaper of

19

general circulation in the county and in the legal journal, if

20

any, for a period of not less than thirty days immediately

21

following the filing thereof, during which time exceptions may

22

be filed to the petition by any person interested. The notice

23

shall be published once a week for four consecutive weeks. The

24

notice shall state when and where the petition was filed and the

25

time during which exceptions may be filed to the petition. The

26

court, if it shall find, after hearing, that the conditions

27

prescribed by this article have been complied with, may grant

28

the prayer of the petitioners and make a decree accordingly,

29

but, if the court shall deem further investigation necessary, it

30

may make such order thereon as to right and justice shall

- 36 -

 


1

appertain. The petition and the decree shall be recorded in the

2

recorder's office of the county, at the expense of the

3

petitioners, who shall also pay all other expenses and costs in

4

connection therewith.]

5

Section 16.  Sections 205 and 206 of the act are amended to

6

read:

7

Section 205.  When Borough Government Becomes Effective;

8

Requisites of Charter.--[When the petition and decree have been

9

recorded, such] (a)  When both the petition and the final decree

10

granting the petition have been recorded, the area shall become

11

an incorporated borough, and shall be entitled to the several

12

rights, privileges and immunities conferred by this act,

13

subject, however, to the provisions of section 211 [of this

14

act].

15

(b)  The final decree of the court granting the petition

16

shall constitute the charter of the borough. All charters

17

granted under this act shall set forth:

18

(1)  The corporate name of the borough.

19

(2)  The boundaries of the borough.

20

Section 206.  Exclusion of Farm [and Unsettled] Lands.--When,

21

in any petition for the incorporation of a borough, the

22

boundaries fixed by the petitioners shall embrace lands

23

exclusively used for the purposes of farming [or other large and

24

unsettled lands], the court may, if it deems such land does not

25

properly belong to the proposed borough, at the request of any

26

party aggrieved, change the boundaries so as to exclude

27

therefrom the land used for farming [or such other purposes].

28

Section 17.  Section 207 of the act is reenacted to read:

29

Section 207.  Corporate Name.--The corporate name of

30

boroughs, incorporated under this act, shall be "The Borough

- 37 -

 


1

of...................."

2

Section 18.  Section 208 of the act is repealed:

3

[Section 208.  Requisites of Charter.--The decree of the

4

court shall constitute the charter of the borough. All charters

5

granted under this act shall set forth:

6

(1)  The corporate name of the borough.

7

(2)  The boundaries thereof.]

8

Section 19.  Section 210 of the act, amended October 9, 1967

9

(P.L.399, No.181), is amended to read:

10

Section 210.  Certificates of Clerk of Court; Fees;

11

Penalty.--When a borough is created, the [clerk of the court of

12

quarter sessions] recorder of deeds in each county affected

13

shall within thirty days [shall] certify to the [Department of

14

Highways and to the Department of Community Affairs] Department

15

of State, the Department of Transportation, the Department of

16

Community and Economic Development and the county planning

17

commission a copy of the decree of court incorporating [such]

18

the borough. For [such] the services the clerk shall be allowed

19

a fee of three dollars and fifty cents ($3.50) to be paid as

20

part of the costs of the proceeding.

21

Any clerk of the court, who shall fail, neglect or refuse to

22

furnish [such] the certifications or either of them, as herein

23

provided, shall upon conviction in a summary proceeding be

24

sentenced to pay a fine of not more than fifty dollars ($50).

25

Section 20.  Sections 211 and 212 of the act are amended to

26

read:

27

Section 211.  Existing Government Preserved Temporarily;

28

Organization of Borough; Election of Borough Officers.--(a)  The

29

[said] newly incorporated area shall continue to be governed as

30

before [said] the incorporation until the first Monday of

- 38 -

 


1

January following the municipal election after the issuance of

2

the final decree establishing [such] the new borough, at which

3

time the officers of [said] the borough [chosen] who are

4

elected, in accordance with section 805 [of this act], at [such]

5

the municipal or special election shall enter upon their

6

respective terms of office, and the borough government shall be

7

duly organized under this act.

8

(b)  Borough officers shall be [chosen] elected at the next

9

municipal election occurring at least ninety days following the

10

issuance of the decree establishing the borough, or at the

11

request of the petitioners, at a special election called by the

12

court of [quarter sessions] common pleas.

13

(c)  [The] If a special election is to be held, the court

14

shall fix the time, place and manner of holding the special

15

election, and shall designate a person to give notice of [such]

16

the special election and the manner thereof, and appoint from

17

among the electors of the newly established borough a judge and

18

inspectors to hold the election.

19

(d)  Municipal officers [chosen] elected at [such] the 

20

special election shall serve until the first Monday in January

21

following the next succeeding municipal election at which time

22

their successors shall be elected in the manner provided in

23

section 805 [of this act] and shall take office.

24

Section 212.  Marking Borough Boundaries.--The boundaries of

25

the borough shall, as soon as practicable after its

26

incorporation, be appropriately marked, due notice being first

27

given, as directed by the court, to the [commissioners and

28

supervisors of adjoining townships and to the corporate

29

authorities of adjoining municipalities] governing bodies of

30

adjoining municipal corporations.

- 39 -

 


1

Section 21.  Section 213 of the act, amended October 9, 1967

2

(P.L.399, No.181), is amended to read:

3

Section 213.  Agreement to Adjust Indebtedness Where Borough

4

Created.--[Whenever a borough is created out of a township, the

5

commissioners or supervisors of the township and the council of

6

the borough](a)  After the election of borough council under

7

section 211 when a borough is newly incorporated, the borough

8

council and the governing body of the township or townships from

9

which the borough was created shall make a just and proper

10

adjustment and apportionment of all the public real and personal 

11

property owned by the township or townships at the time of the

12

incorporation of the borough[, both real and personal,

13

including]. The property to be adjusted and apportioned between

14

the borough and the township or townships shall include funds,

15

as well as indebtedness [between the borough and township:

16

Provided, That] provided that in adjusting property and

17

indebtedness, streets, sewers, and utilities shall not be

18

considered except to the extent that current and unpaid

19

indebtedness was incurred for the construction and improvement

20

thereof.

21

(b)  In making [such] the adjustment and apportionment under

22

subsection (a), the [taxable] borough shall be entitled to a

23

division of the property and indebtedness in the same proportion

24

that the assessed valuation of the taxable real estate included

25

within the territorial limits of the newly incorporated borough,

26

bears to the assessed valuation of the taxable real estate in

27

the entire township or townships immediately prior to the

28

incorporation of [such] the borough, and the township or

29

townships shall be entitled to the remainder of [such] the 

30

property and indebtedness[: Provided, That where]. Where 

- 40 -

 


1

indebtedness was incurred by the township or townships for an

2

improvement located wholly within the territorial limits of the

3

newly incorporated borough, [such] the indebtedness shall be

4

assumed by the borough[, and where any]. Where only part of

5

[such] the improvement is located within the newly incorporated

6

borough, the part of [such] the indebtedness, representing the

7

part of the improvement located within the borough, shall be

8

assumed by the borough and the adjustment and apportionment of

9

any remaining debt [and the public property of the township

10

shall be made as above provided] shall be retained by the

11

township or townships.

12

(c)  The adjustment and apportionment [as] made pursuant to

13

this section shall be reduced to writing, and shall be duly

14

executed and acknowledged by the secretary or clerk of the

15

township or townships and by the secretary of the borough, and

16

shall be filed in the office of the clerk of the court of

17

[quarter sessions] common pleas of the county, and a copy

18

[thereof] shall also be filed with the Department of Community

19

[Affairs of the Commonwealth] and Economic Development.

20

Section 22.  Sections 214 and 215 of the act are amended to

21

read:

22

Section 214.  Judicial Adjustment on Failure of Agreement.--

23

[In case the township] If the governing bodies of the township

24

or townships and the borough [authorities] cannot make an

25

amicable adjustment and apportionment of the property and

26

indebtedness within six months after the government of the newly

27

incorporated borough is established, then the [commissioners or]

28

supervisors of the township or townships or the council of the

29

borough may present a petition to the court of [quarter

30

sessions] common pleas. The court shall then appoint three

- 41 -

 


1

disinterested commissioners, all residents and taxpayers of the

2

county, but [none residing in or owners of] who do not reside in

3

or own real estate in the township or townships or borough, who,

4

after hearing, notice of which shall be given to the township or

5

townships and borough as the court shall direct, shall make

6

report to the court making an adjustment and apportionment of

7

all the property as well as the indebtedness between the

8

township or townships and the borough. The report shall state

9

the amount that shall be due and payable from either the borough

10

[to] or the township[, or from the township to the borough] or

11

townships, to the other and vice versa, and the amount of

12

indebtedness that shall be assumed by [the borough or the

13

township or both of them] any or all of them.

14

Section 215.  Proceeding on Judicial Adjustment Award.--The

15

[commissioner] commissioners shall give the township or

16

townships and the borough at least five days' notice of the

17

filing of their report. Unless exceptions are filed to [such]

18

the report within thirty days after the date of the filing, the

19

report shall be confirmed by the court absolutely. Any sum

20

awarded by [said] the report to the township or townships or

21

borough shall be a legal and valid claim in its favor against

22

the borough or township or townships charged [therewith] with

23

the sum. Any [property] real or personal property given to the

24

township or townships or borough shall become its respective 

25

property. Any claim or indebtedness charged against the borough

26

or township or townships may be collected from it.

27

Section 23.  Section 216 of the act, repealed in part June 3,

28

1971 (P.L.118, No.6), is reenacted to read:

29

Section 216.  Exceptions to Report.--In case exceptions are

30

filed to the report of the commissioners, the court shall

- 42 -

 


1

dispose of the same, taking testimony therein if it deems the

2

same advisable. The court shall enter its decree confirming the

3

award of the commissioners, or modifying the same as to it

4

appears just and proper.

5

Section 24.  Sections 217, 218 and 219 of the act are amended

6

to read:

7

Section 217.  Compensation and Expenses of Commissioners;

8

Costs.--The commissioners shall be allowed [such] compensation

9

and expenses for their services as the court shall fix. The

10

costs of the proceedings, including the compensation and

11

expenses of the commissioners, shall be apportioned by the court

12

between the borough and township or townships as it deems

13

proper.

14

Section 218.  Where Territory of Borough [or Annexed

15

Territory] is Located in Two or More Counties.--In case the

16

territory, included within the limits of a newly incorporated

17

borough is located in two or more counties, the court of

18

[quarter sessions] common pleas of the county where the larger

19

part of the territory of the borough is located shall have

20

exclusive jurisdiction over the proceedings to adjust and

21

apportion the indebtedness between the borough and township or

22

townships.

23

Section 219.  Bond Issues; Taxation.--In any [such]

24

proceeding to adjust and apportion indebtedness, the township or

25

townships or the borough shall have power to issue and deliver

26

to the borough or township or townships interest-bearing bonds

27

in liquidation of the indebtedness ascertained, to be its

28

proportionate share payable, if [such] the bonds are acceptable

29

to the borough or township or townships entitled to receive the

30

[same] bonds. The court may also make all [needful] necessary 

- 43 -

 


1

orders for the collection and payment by the township or

2

townships or borough of the amount needed to pay its share of

3

any indebtedness apportioned to it by special taxes to be

4

collected in one year, or by annual installments[, the amount

5

needed to pay the share of any indebtedness apportioned to it].

6

Section 25.  Article II subdivision (b) heading of the act is

7

repealed:

8

(b)  Consolidation of Boroughs

9

Section 25.1.  Article II subdivision (c) heading of the act

10

is reenacted to read:

11

(c)  Creation of Boroughs from Cities of the Third Class

12

Section 26.  Sections 231, 232 and 233 of the act are amended

13

to read:

14

Section 231.  Petition for Creation of Borough from a City of

15

the Third Class.--The court of [quarter sessions] common pleas 

16

shall, upon petition of at least ten percent of the registered

17

electors of any city of the third class, setting forth that the

18

inhabitants of the city desire to change the charter of [such]

19

the city to a borough charter and be governed by the laws of the

20

Commonwealth relating to boroughs and that [such] the city has

21

had the city form of government for a period of at least five

22

years, order an election to be held [on] at the next [day

23

appointed for the holding of a] general, municipal or primary

24

election, occurring at least ninety days after the presentation

25

of [such] the petition. At [such] the election the electors

26

shall vote for or against the change of the charter of the city

27

to a borough charter, and the adoption of the borough form of

28

government. The petition shall set forth the name of the

29

proposed borough. The number of registered electors required to

30

sign the petition shall be determined as of the date the

- 44 -

 


1

petition is filed.

2

Section 232.  Filing Petition; Notice of Election; Return.--

3

Upon the presentation of [any such] a petition pursuant to

4

section 231, the court shall determine whether the petition is

5

in due form and properly signed, and if the court so finds, it

6

shall enter an appropriate order and direct that the petition

7

shall be filed with the clerk of the court and that a copy of

8

the petition and order of court shall be filed with the county

9

board of elections. The county board of elections shall frame

10

the proper question to be submitted to the electors at the

11

election ordered by the court. Notice of [such] the time and

12

purpose of the election shall be given in at least one newspaper

13

[of general circulation] of the proper county once a week for

<--

14

four consecutive weeks [of the time of such election and the

15

purpose thereof]. The publication of the notice shall be made on

16

behalf of the petitioners and shall be in the form [as the court

17

may approve] approved by the court.

18

The county board of elections shall make return of the vote

19

cast on the question submitted to the clerk of the court of

20

[quarter sessions] common pleas, which return shall be filed

21

with the petition. If a majority of those voting on the question

22

submitted were in favor of the change of the charter of the city

23

to a borough charter, the court shall order that the record of

24

the proceedings be recorded in the office for the recording of

25

deeds of the county, which record shall constitute the charter

26

of the borough under the name set forth in the petition. The

27

recorder of deeds in each county affected shall certify to the

28

Department of State, the Department of Transportation, the

29

Department of Community and Economic Development and the county

30

planning commission a copy of the record constituting the

- 45 -

 


1

charter of the borough. If a majority of those voting on the

2

question were against the change of the city charter no further

3

proceedings shall be had, and the same question shall not again

4

be submitted for a period of five years following [such] the 

5

election.

6

Section 233.  When Borough Government Effective.--Upon the

7

recording of the record of the proceedings as [above] provided

8

in section 232, the city form of government shall continue in

9

operation until the first Monday of January next succeeding the

10

first municipal election, occurring at least ninety days after

11

the recording of the record, at which time the borough

12

government shall be organized by the officers elected at [said]

13

the municipal election in accordance with section 805 [of this

14

act].

15

Section 27.  Section 234 of the act, amended June 25, 2001

16

(P.L.651, No.56), is amended to read:

17

Section 234.  Property; Assets; Liabilities; Ordinances;

18

Wards; Election Districts and Certain Officers.--Upon the

19

formation of the borough government, all of the property and

20

assets of the city shall become the property of the borough, and

21

[such] the change of government shall not in any way affect any

22

liabilities incurred, rights accrued or vested, obligations[,]

23

issued or contracted, or any suits or prosecutions pending or

24

instituted to enforce any right or penalty accrued, or punish

25

any offense committed prior to [such] the change. All ordinances

26

of the former city shall continue in force in the new borough

27

until altered or repealed in the manner provided by law. The

28

wards and election districts of the city shall become the wards

29

and election districts of the borough until altered or changed

30

as may be provided by law. [And in] In the election of members

- 46 -

 


1

of council from the several wards, two members of council shall

2

be elected from each ward, unless thereafter changed as provided

3

by law. All constables[, aldermen] and election officers in

4

office in the city, when the borough government is organized,

5

shall remain in office until the expiration of their respective

6

terms of office.

7

Section 28.  Section 235 of the act is reenacted to read:

8

Section 235.  Costs and Expenses.--Where proceedings are had

9

to change the charter of a city to a borough, and the vote of

10

electors is in favor of the change, the costs and expenses of

11

the proceeding, including all costs of advertising, shall be

12

paid by the city, otherwise such costs and expenses shall be

13

paid by the petitioners.

14

Section 29.  Article II of the act is amended by adding a

15

subdivision to read:

16

(d)  Consolidation or Merger of Boroughs and

17

Change of Corporate Name

18

Section 241.  Consolidation or merger.

19

A borough may be merged or consolidated into a new or

20

existing municipal corporation in accordance with the provisions

21

of 53 Pa.C.S. Ch. 7 Subch. C (relating to consolidation and

22

merger).

23

Section 242.  Change of corporate name.

24

(a)  General rule.--Where the corporate name of any borough

25

shall differ from the name in general usage or from the post

26

office designation by reason only of minor discrepancies in

27

spelling, in capitalization or in the manner of compounding the

28

elements of the name, the court of common pleas, upon petition,

29

may change the name of the borough to conform to the name in

30

general usage or to the post office designation. The petition

- 47 -

 


1

may be presented by council, pursuant to a resolution, or by at

2

least 5% of the registered electors of the borough.

3

(b)  Petition.--Upon the presentation of the petition, the

4

court shall fix a day for hearing of which notice shall be given

5

as directed by the court. At the hearing, an inhabitant of the

6

borough may remonstrate against the granting of the petition,

7

and the court may grant or refuse the petition as appears just

8

and proper to the court. If the court grants the petition, the

9

decree of the court shall be recorded in the office for the

10

recording of deeds and the corporate name of the borough from

11

the date of the recording shall be as set forth in the petition.

12

(c)  Dissemination of decree.--The recorder of deeds in each

13

county affected shall certify to the Department of State, the

14

Department of Transportation, the Department of Community and

15

Economic Development and the county planning commission a copy

16

of the decree changing the corporate name of the borough.

17

(d)  Liabilities not affected.--A change of corporate name

18

shall not in any way affect any liabilities incurred, rights

19

accrued or vested, obligations issued or contracted or any suits

20

or prosecutions pending or instituted to enforce any right or

21

penalty accrued or to punish any offense committed prior to the

22

change regardless of whether the old or the new name of the

23

borough shall have been used therein.

24

Section 30.  Article III heading, sections 301, 302, 303, 304

25

and 305, Article IV heading, subdivision (a) heading, sections

26

401, 402, 403, 404, 405 and 406, subdivision (b)(1) heading,

27

sections 411, 412, 413 and 414, subdivision (b)(2) heading,

28

sections 416, 417, 418, 419, 420 and 421, subdivision (c)

29

heading, sections 426, 427 and 428 and subdivision (d) heading

30

of the act are repealed:

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1

[ARTICLE III

2

ANNULMENT OF CHARTERS AND CHANGE

3

OF CORPORATE NAMES

4

Section 301.  Petitions for Annulment of Charters or Change

5

of Corporate Names.--The court of quarter sessions shall, upon

6

petition of at least ten percent of the registered electors of

7

any borough setting forth that the inhabitants of such borough

8

desire to annul the charter of the borough or to change the

9

corporate name of such borough, order an election to be held on

10

the next day appointed for the holding of a general, municipal

11

or primary election, occurring at least ninety days after the

12

presentation of such petition, at which election the electors of

13

the borough shall vote for or against the annulment of the

14

charter or the change of name of the borough, as the case may

15

be. In the case of an annulment of charter, such petition shall

16

set forth that the petitioners desire that the territory

17

embraced within such borough shall revert to and become a part

18

of the township from which it was taken or that it shall be

19

created a new township of the second class, in which case the

20

petition shall also set forth the proposed name of the new

21

township.

22

Section 302.  Filing Petition; Notice of Election; Return.--

23

Upon presentation of such petition for annulment or change of

24

corporate name to the court, and the entry of the court order

25

thereon, after determination by the court that the petition is

26

in due form and properly signed, it shall be filed with the

27

clerk, and a copy of the petition and order of court shall also

28

be filed with the county board of elections, which shall frame

29

the proper question to be submitted to the electors at the

30

election ordered by the court. Notice of the election shall be

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1

given in at least one newspaper of general circulation in the

2

borough once a week for four consecutive weeks of the time of

3

such election and the purpose thereof. The publication of the

4

notice shall be made on behalf of the petitioners in form as the

5

court may approve. The county board of elections shall make

6

return of the vote cast on the question submitted to the clerk

7

of the court of quarter sessions, which return shall be filed

8

with the petition. If a majority of those voting on the question

9

submitted were in favor of the annulment of the charter or the

10

change of the corporate name, as the case may be, the court

11

shall order that the record of the proceedings shall be recorded

12

in the office of the recorder of deeds, otherwise no further

13

proceedings shall be had.

14

Section 303.  Territory to Revert to Township; Corporate Name

15

Changed; Indebtedness.--Upon recording of the record as above

16

provided, in case of an annulment of charter, the lands embraced

17

within the limits of such borough, the charter of which is

18

annulled, shall thereupon in accordance with the prayer in the

19

petition, either revert to and become a part of the township

20

from which it was taken, and be under and subject to its

21

government and control or shall become a new township of the

22

second class under the name set forth in the petition. In cases

23

where a borough reverts to the township from which its territory

24

was taken, the government of the borough shall cease and

25

terminate on the first Monday of January next succeeding the

26

election on the question of the annulment of the charter, and

27

the property and assets of the borough, including all

28

uncollected taxes and liens, shall be converted into cash by the

29

township supervisors, and shall be applied only to the payment

30

of the outstanding indebtedness of the borough, but any moneys

- 50 -

 


1

not needed for such purposes shall revert to the township, and

2

any borough indebtedness not paid as above provided shall be

3

paid from the taxes assessed and collected from that portion of

4

said township formerly included within the limits of such

5

borough. In the case of a change of the corporate name, the

6

corporate name of said borough shall from the date of the

7

recording of the record of the proceeding be as set forth in

8

said petition, but such change shall not in any way affect any

9

liabilities incurred, rights accrued or vested, obligations

10

issued or contracted, or any suits or prosecutions pending or

11

instituted to enforce any right or penalty accrued or punish any

12

offense committed, prior to such change.

13

All costs and expenses incident to the proceedings for the

14

annulment of the charter or change of the name, as aforesaid,

15

shall be paid by the petitioners. To secure the payment of costs

16

and expenses, the court may require the petitioners to file a

17

bond in such sum as it may fix.

18

Section 304.  Officers Where a New Township is Created.--

19

Where a new township of the second class is created by the

20

annulment of the charter of a borough, officers for such

21

township shall be provided in the manner provided by the laws

22

relating to townships of the second class for such cases and the

23

new township government shall become effective on the first

24

Monday of January next succeeding the municipal election,

25

occurring at least ninety days after the recording of the

26

proceedings, at which time the officers of the new townships

27

shall be elected as provided by the laws relating to townships

28

of the second class for such cases.

29

Section 305.  Change of Corporate Name to Conform to General

30

Usage or to Post Office Designation.--Where the corporate name

- 51 -

 


1

of any borough shall differ from the name in general usage or

2

from the post office designation by reason only of minor

3

discrepancies in spelling, in capitalization or in the manner of

4

compounding the elements of such name, the court of quarter

5

sessions may change the name of such borough to conform to the

6

name in general usage or to the post office designation upon

7

petition. Such petition shall be presented by the council of the

8

borough, pursuant to a resolution of the council, or by at least

9

five percent of the registered electors of the borough. Upon the

10

presentation of the petition, the court shall fix a day for

11

hearing of which such notice shall be given as may be directed

12

by the court. At such hearing, any inhabitant of the borough may

13

remonstrate against the granting of the petition, and the court

14

may grant or refuse the petition as to it appears just and

15

proper. If the court grants the petition, the decree of the

16

court shall be recorded in the office for the recording of deeds

17

and the corporate name of the borough from the date of such

18

recording shall be set forth in such petition, but such change

19

shall not in any way affect any liabilities incurred, rights

20

accrued or vested, obligations issued or contracted, or any

21

suits or prosecutions pending or instituted to enforce any right

22

or penalty accrued or to punish any offense committed prior to

23

such change regardless of whether the old or the new name of the

24

borough shall have been used therein.

25

ARTICLE IV

26

CHANGE OF BOROUGH LIMITS

27

(a) Annexation of Townships of First Class or Parts Thereof

28

Section 401.  Petition For Annexation of a Township of the

29

First Class or Parts Thereof.--Registered electors equal to at

30

least ten percent of the registered electors in any township of

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1

the first class contiguous to a borough, or ten percent of the

2

registered electors residing within any part of a township of

3

the first class contiguous to a borough, may petition the

4

council of such borough for the annexation of the township of

5

the first class, or part thereof, as the case may be, to the

6

contiguous borough, and for a referendum on the question of such

7

annexation. The number of registered electors required to sign a

8

petition shall be determined as of the date the petition is

9

filed. All petitions shall be accompanied by a plot or plots of

10

the territory to be annexed, showing all streets and highways,

11

municipal improvements and public buildings. All petitions for

12

the annexation of a part of a township of the first class shall

13

include a description of the part of the township sought to be

14

annexed.

15

Section 402.  Referendum in Township and Borough.--The

16

council of the borough shall cause a question to be submitted at

17

the first general, municipal or primary election, occurring at

18

least sixty days after the petition has been filed with it, by

19

certifying an ordinance duly adopted to the county board of

20

elections in which any part of the township or borough is

21

located, for the submission of a proper question on the ballot

22

or on voting machines at such election in such township, and in

23

the borough to which the annexation is to be made as provided by

24

the Pennsylvania election code. Where a part of a township is

25

involved, the question submitted shall give a brief description

26

of the territory to be annexed to the borough.

27

Section 403.  Result of Election.--If a majority of the

28

persons voting on such question in the entire township and a

29

majority of the persons voting on such question in the borough

30

shall vote in favor of the annexation, then the township of the

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1

first class, or part thereof, as the case may be, shall on the

2

first Monday of January next following be and become a part of

3

the borough. If the majority of the votes cast on the question

4

in either the entire township or in the borough was against

5

annexation, then the annexation proceeding shall fail and the

6

question of such annexation shall not again be voted upon for a

7

period of two years from the date of such election.

8

Section 404.  Wards.--Until changed in the manner provided by

9

law, the township of the first class, or part thereof annexed to

10

the borough, if not divided into wards, shall constitute a

11

separate new ward of the enlarged borough, if such borough is at

12

the time divided into wards. If the township, or part of the

13

township, at the time of annexation was divided into wards, then

14

each ward of the township, or part of the township, shall

15

constitute a separate ward of the enlarged borough (if divided

16

into wards) and shall be consecutively numbered or otherwise

17

appropriately designated by the council of the borough:

18

Provided, that in any case where a part of a township only is

19

annexed to a borough divided into wards, the court, in the order

20

annexing such part of a township to such borough, may include a

21

provision that such annexed territory shall be attached to an

22

existing ward or wards of such borough.

23

Section 405.  Election Districts and Election Officers.--

24

Until changed in the manner provided by law, all election

25

districts in the former township of the first class or part

26

thereof shall remain as constituted at the time of the

27

annexation and shall become election districts of the enlarged

28

borough. All election officers of such election districts in

29

office at the time of the taking effect of the annexation shall

30

continue in office until the expiration of their respective

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1

terms, unless sooner removed as provided by law.

2

Section 406.  Government Where Lands Lie In Two or More

3

Counties.--If the lands annexed to the borough are located in a

4

county or counties different from that of the borough, they

5

shall be governed for borough purposes as part of the borough to

6

which annexed, and for county and institution district purposes

7

as part of the county and institution district in which actually

8

situated, in the manner provided by law in such cases.

9

(b)  Annexation of a Township of the Second Class or Part

10

Thereof by Petition to Court

11

(1)  Where territory is in one county:

12

Section 411.  Annexation by Court; Decree.--The court of

13

quarter sessions, may, upon petition, change the limits of any

14

borough by the annexation of adjacent territory located in a

15

township of the second class.

16

Section 412.  Notice of Application.--Personal notice of the

17

intended application shall be given to the mayor and council of

18

the borough, and to the supervisors of the township in which the

19

petitioners reside. Notice of such application shall also be

20

given in one newspaper of general circulation of the county,

21

immediately before the presentation of the petition by

22

publication once a week for four consecutive weeks.

23

Section 413.  Signing and Contents of Petition.--Where the

24

territory to be annexed is all or part of a second-class

25

township, the petition shall be signed by a majority in number

26

of all the freeholders of the territory to be annexed. The

27

petition shall set forth a description, of the territory to be

28

annexed and be accompanied with a plot, showing the courses and

29

distances of the boundaries of the borough before and after the

30

proposed annexation.

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1

Section 414.  Decree of Court; Costs; Limitation of

2

Subsequent Proceedings.--The court after hearing may make such

3

order on the petition as to right and justice shall appertain.

4

If the court shall confirm the petition, the said petition and

5

decree shall be recorded in the recorder's office of the county,

6

at the expense of the petitioners, who shall pay all other

7

expenses and costs in connection with said petition and decree.

8

Thenceforth the territory so annexed shall be a part of the

9

borough, and shall become a part of the contiguous ward or wards

10

of the borough, or constitute a new ward or wards of the borough

11

as the court in its order may prescribe. If the court shall not

12

confirm the petition, no other proceeding for the annexation of

13

the same territory, or any part thereof, shall be had within

14

five years thereafter.

15

(2)  Where territory is in two or more counties;

16

Section 416.  Petition For Annexation.--The court of quarter

17

sessions may, upon petition, annex to any adjacent borough,

18

territory in a township or townships of the second class

19

situated in a county or counties different from that of the

20

borough.

21

Where the territory to be annexed is all or part of a second-

22

class township, the petition shall be signed by a majority in

23

number of all of the freeholders of the territory to be annexed,

24

and shall be presented to the courts of quarter sessions of all

25

the counties in which the territory to be annexed and the

26

borough are situated.

27

Section 417.  Notice of Application.--Notice of the intended

28

application shall be given in one newspaper of general

29

circulation in the territory to be annexed and in the borough

30

immediately before the presentation of the petition to any of

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1

the courts by publication once a week for four consecutive

2

weeks.

3

Section 418.  Appointment of Commissioners; View; Report.--

4

Upon presentation of the petition, the several courts shall each

5

appoint one person as commissioner, and the commissioners so

6

chosen shall select an additional one who shall be a surveyor or

7

registered engineer.

8

The commissioners shall be severally sworn or affirmed,

9

within sixty days from their appointment and selection, and

10

shall view the territory sought to be annexed. They shall report

11

to the several courts, as soon thereafter as possible. The

12

report shall state that the commissioners were sworn or

13

affirmed, and that they were all present at the view. If the

14

commissioners favor the proposed annexation, they shall

15

accompany their reports with a plot, showing the courses and

16

distances of the boundaries of the territory proposed to be

17

annexed and the quantity of land therein contained and the ward

18

or wards of the borough of which such territory shall be a part

19

or that it shall constitute a new ward or wards.

20

Section 419.  Rules On Petitioners.--Any person interested

21

may petition any of the courts for a rule on the petitioners to

22

show cause why the report should not be approved. The rule shall

23

be returnable within such time as the court may fix. If the rule

24

is confirmed, the persons signing the original petition shall

25

pay the costs of the entire proceedings; if such rule is

26

discharged, the costs shall be paid by those petitioning for its

27

issue.

28

Section 420.  Approval by Court; Compensation of

29

Commissioner; Limitation of Subsequent Proceedings.--If each of

30

the courts shall approve the report of the commissioners, the

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1

whole proceeding shall be entered on the record of each court,

2

and the territory annexed shall be part of the borough. Each

3

commissioner shall receive such compensation for his services as

4

the court shall allow to be paid by the original petitioners. If

5

the commissioners shall not favor or if either court shall not

6

approve the annexation, no other proceeding for the annexation

7

of the same territory, or any part thereof, shall be had within

8

five years thereof.

9

Section 421.  Government of Territory.--Where territory is so

10

annexed to a borough of an adjoining county, such territory so

11

annexed, shall be governed, for borough purposes, as a part of

12

the borough to which they are annexed, and for county and

13

institution district purposes, as a part of the county and

14

institution district in which actually situated, in the manner

15

provided by law in such cases.

16

(c)  Annexation of Lands in Townships of the Second Class

17

by Petition to Council

18

Section 426.  Annexation; Ordinance; Limitation of Subsequent

19

Proceedings.--Any borough may, by ordinance, annex adjacent land

20

situate in a township of the second class in the same or any

21

adjoining county, upon petition, and may attach such annexed

22

territory to an existing ward or wards. The petition shall be

23

signed by a majority in number of all of the freeholders of the

24

territory to be annexed. If an ordinance to make such annexation

25

is defeated, no other proceeding for the annexation of the same

26

territory, or any part thereof, shall be had within five years

27

thereof.

28

Section 427.  Procedure.--A certified copy of any ordinance,

29

adopted together with a description of the land to be annexed

30

and a plot showing the courses and distances of the boundaries

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1

of the borough before and after such proposed annexation, shall

2

be filed in the court of quarter sessions of the county, or, in

3

case the land proposed to be annexed is situate in an adjacent

4

county, then in the courts of both counties. A notice of such

5

filing shall also be filed in the office of the county board of

6

elections of the proper county. Thereupon the territory proposed

7

to be annexed shall be a part of the borough; except when any

8

ordinance and plot are filed in the office of the clerk of the

9

court of quarter sessions within two months of any general,

10

municipal, or primary election, in which case the property

11

proposed to be annexed shall not become a part of the borough

12

until the day succeeding such election.

13

Section 428.  Government of Territory.--Where territory is

14

annexed to a borough of an adjoining county, such territory so

15

annexed, shall be governed, for borough purposes, as a part of

16

the borough to which it is annexed, and, for county and

17

institution district purposes, as part of the county or

18

institution district in which actually situated, in the manner

19

provided by law in such cases.

20

(d)  Annexation of Adjacent Territory Owned by a Borough]

21

Section 31.  Section 429 of the act, amended June 24, 1968

22

(P.L.246, No.115), is repealed:

23

[Section 429.  Annexation by Ordinance; Procedure.--(a)  Any

24

borough which, on or before May 1, 1967, owned territory in a

25

township, which territory is contiguous to the borough, and is

26

used by the borough for recreational or park purposes, may annex

27

such territory by ordinance, such ordinance to set forth a

28

description of the territory to be annexed and the courses and

29

distances of the boundaries of the territory. A copy of such

30

ordinance shall be certified to the Department of Community

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1

Affairs.

2

(b)  Upon such annexation by ordinance, a plan of the

3

territory annexed shall be filed by the borough council in the

4

office of the county commissioners and with the clerk of the

5

court of quarter sessions and, thereupon, the annexation shall

6

become effective. The annexation proceedings authorized by this

7

section are in addition to, and not in substitution of,

8

proceedings otherwise provided by law for annexation of

9

territory, and may be followed without reference to or

10

compliance with any other such provisions.]

11

Section 32.  Article IV subdivision (e) heading, sections

12

431, 432 and 433 and subdivision (f) heading of the act are

13

repealed:

14

[(e)  Detachment of Territory

15

Section 431.  Petitions to Detach Territory.--The court of

16

quarter sessions, upon petition, may change the limits of any

17

borough by detaching territory therefrom and annexing the same

18

to a contiguous township or borough in cases where the line

19

between a borough and a township or another borough shall

20

separate the lands of any person, or where the territory of any

21

borough is divided by reason of natural or artificial causes, or

22

where any part of a borough is so located that access to the

23

remaining portion can be had only by passing through some other

24

township or borough, or where any part of a borough is so

25

located that the convenience of the inhabitants thereof would be

26

served by the detachment of such part.

27

Section 432.  Signing and Contents of Petition.--The petition

28

shall be signed by a majority in number of the freeholders in

29

the territory to be detached. The petition shall contain the

30

names of the contiguous township or borough to which the

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1

territory is proposed to be annexed, and shall set forth a

2

description of the territory to be detached, and be accompanied

3

with a plot showing the courses and distances of the boundaries

4

of such township or borough before and after the annexation of

5

the detached territory.

6

Section 433.  Filing Petition; Notice; Decree.--Upon its

7

presentation, the court shall order the petition filed and shall

8

fix a time for hearing. Notice of the filing of the petition

9

shall be given to the supervisors of the township and to the

10

secretary of the borough and president of council of each

11

borough affected, at least twenty days prior to the date of

12

hearing. If, after hearing, the court shall determine in favor

13

of the proposed detachment of territory, it shall state in its

14

decree to what adjacent township or borough the territory so

15

detached shall be annexed. The petition and decree shall be

16

recorded in the office for the recording of deeds of the county

17

and thenceforth the boundaries of the borough and of the

18

adjacent township or borough shall be as decreed by the court.

19

The costs of the proceedings, including the cost of the

20

recording of the petition and decree, shall be paid by the

21

petitioners.

22

(f)  Adjustment of Indebtedness and Public Property]

23

Section 33.  Section 441 of the act, amended October 9, 1967

24

(P.L.399, No.181), is repealed:

25

[Section 441.  Adjustment of Indebtedness and Public Property

26

Where Part of Township Annexed.--Whenever a part of any township

27

is annexed to any borough, the borough council and the governing

28

body of the township shall make a just and proper adjustment of

29

all the public property, both real and personal, owned by the

30

township at the time of such annexation, including funds, as

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1

well as indebtedness, between the township and the borough.

2

In adjusting property and indebtedness, streets, sewer and

3

utilities shall not be considered except to the extent that

4

current and unpaid indebtedness was incurred for the

5

construction and improvement thereof. In making such adjustment

6

and apportionment, the township shall be entitled a division of

7

the property and indebtedness in proportion that the assessed

8

valuation of the taxable real estate in the annexed portion of

9

the township bears to the assessed valuation of the taxable real

10

estate in the entire township immediately prior to the

11

annexation and the borough shall be entitled to the remainder of

12

such property and indebtedness. Where indebtedness was incurred

13

by the township for an improvement located wholly within the

14

limits of the territory annexed to the borough, such

15

indebtedness shall be assumed by the borough and where any part

16

of such improvement is located partly within the limits of such

17

annexed territory, the part of such indebtedness representing

18

the part of the improvement located within such annexed

19

territory shall be assumed by the borough, and the adjustment

20

and apportionment of any remaining debt and public property of

21

the township shall be made as hereinabove provided. Such

22

adjustment and apportionment shall be reduced to writing, and

23

shall be duly executed and acknowledged by the clerk or

24

secretary of the borough and shall be filed with the clerk of

25

the court of quarter sessions of the county or counties in which

26

the borough and the township are located, and a copy thereof

27

shall also be filed with the Department of Community Affairs of

28

the Commonwealth.]

29

Section 34.  Sections 442 and 443 of the act are repealed:

30

[Section 442.  Judicial Adjustment on Failure of Agreement.--

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1

In case the borough council and the governing body of the

2

township cannot, within six months after an annexation becomes

3

effective, arrive at a determination of the cost of value of

4

certain improvements as required by the act of July 20, 1953

5

(P.L.550), entitled "An act providing for and regulating the

6

annexation of parts of a second class township to boroughs,

7

cities and townships," or of the adjustment of indebtedness and

8

public property as required by section 441 of this act, the

9

borough council or the governing body of the township may appeal

10

to the court of quarter sessions of the county in which the

11

borough is located. The court shall then appoint three

12

disinterested commissioners, all residents and taxpayers of the

13

county, but none residing in or owners of real estate in the

14

township or the borough. Such commissioners, after hearing,

15

notice of which shall be given to the township and the borough

16

as the court shall direct, shall make report to the court,

17

stating the cost and value of improvements and/or making an

18

apportionment and adjustment according to the provisions of this

19

article, of all the property, as well as the indebtedness, if

20

any, to and between the borough and the township. Such report

21

shall state the amount, if any, that shall be due and payable

22

from the borough, or from the township to the borough, as well

23

as the amount of indebtedness, if any, that shall be assumed by

24

the borough or the township, or both of them.

25

Section 443.  Proceedings on Judicial Adjustment.--The

26

commissioners shall give the borough and the township at least

27

five days' notice of the filing of their report. Unless

28

exceptions are filed to such report within thirty days after the

29

date of filing, the report shall be confirmed by the court

30

absolutely. Any sum awarded by such report to the township or to

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1

the borough shall be a legal and valid claim in its favor

2

against the borough or township charged therewith. Any property,

3

real or personal, given to the borough or to the township shall

4

become its property. Any claim of indebtedness charged against

5

the borough may be collected from it.]

6

Section 35.  Section 444 of the act, repealed in part June 3,

7

1971 (P.L.118, No.6), is repealed:

8

[Section 444.  Exceptions to Report.--In case exceptions are

9

filed to the report of the commissioners, the court shall

10

dispose of the same, taking testimony thereon if deemed

11

advisable. The court shall enter its decree confirming the

12

report of the commissioners, or modifying the same as to it

13

seems just and proper.]

14

Section 36.  Sections 445, 446, 447 and 448, Article IV

15

subdivision (g) heading and sections 451, 452 and 453 of the act

16

are repealed:

17

[Section 445.  Compensation and Expenses of Commissioners;

18

Costs.--The commissioners shall be allowed such compensation and

19

expenses for their services as the court shall fix. The costs of

20

the proceedings, including the compensation and expenses of the

21

commissioners, shall be apportioned by the court between the

22

borough and the township as it deems proper.

23

Section 446.  Where Borough Located In Two or More

24

Counties.--In case the territory of a borough is located in two

25

or more counties, the court of quarter sessions of the county in

26

which the most populous part of the territory of the borough is

27

located shall have exclusive jurisdiction over the proceedings

28

to determine the cost or value of certain improvements in the

29

township and to adjust and apportion the indebtedness between

30

the township and the borough.

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1

Section 447.  Payment of Amounts Due; Taxation.--The borough

2

or the township, as the case may be, shall have power to issue

3

and deliver to the other municipality interest-bearing bonds in

4

liquidation of the indebtedness ascertained to be its

5

proportionate share payable, if such bonds are acceptable to the

6

township or the borough, as the case may be, entitled to receive

7

the same. The court may also make all needful orders for the

8

collection and payment by the township or the borough, by

9

special taxes to be collected in one year, or by annual

10

installments, the amount needed to pay the share of any

11

indebtedness apportioned to it.

12

Section 448.  Collection of Taxes Levied Prior to

13

Annexation.--All taxes assessed and levied against property in

14

annexed territory prior to the effective date of the annexation

15

shall be paid to the township, and the collection and

16

enforcement thereof shall be as though the annexation had not

17

taken place.

18

(g)  When Territory is Detached

19

Section 451.  Appointment of Auditor.--Whenever, the court

20

shall decree the detachment of territory from a borough, and the

21

boroughs and townships affected thereby cannot amicably agree as

22

to the adjustment of indebtedness, if any, between themselves,

23

the court of quarter sessions, upon petition of either the

24

borough or township, shall appoint an auditor, who shall give

25

such notice of a hearing as the court shall direct to all

26

parties in interest.

27

Section 452.  Duties of Auditor.--The auditor shall hear all

28

parties in interest, make necessary investigation, and report to

29

the court the total valuation for taxation purposes of the

30

borough and townships affected, the assessed valuation of the

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1

portion detached, the amount of indebtedness of the several

2

boroughs and townships, and the value of all property

3

transferred from the borough to a township or borough. The

4

auditor shall also report a form of decree, making such

5

adjustment of the indebtedness of the boroughs and townships

6

affected as he shall deem equitable.

7

Section 453.  Confirmation of Report; Costs.--The report and

8

decree shall be confirmed nisi by the court, and shall become

9

absolute unless exceptions be filed thereto. In case exceptions

10

are filed within thirty days after the report is filed in court,

11

the court shall dispose of the same taking testimony therein if

12

it deems the same advisable. The court shall enter its decree

13

confirming the report of the auditor or modifying the same as to

14

it appears just and proper. The decision of the court shall be

15

final. The costs and expenses of the proceedings shall be paid

16

as the court shall direct.]

17

Section 37.  Article V heading of the act is reenacted to

18

read:

19

ARTICLE V

20

BOROUGH BOUNDARIES

21

Section 38.  Sections 501, 502, 503, 504, 505 and 506 of the

22

act are amended to read:

23

Section 501.  Stream Boundaries.--Whenever any borough is

24

bounded by the nearest margin of a navigable stream, and the

25

opposite [township, borough, or city as the case may be,]

26

municipal corporation is also bounded by the nearest margin of

27

the same stream, the middle of [such] the stream shall be the

28

boundary between [such] the borough and the opposite [township,

29

borough or city] municipal corporation. Nothing contained in

30

this section shall be construed to repeal any local or special

- 66 -

 


1

law providing to the contrary.

2

Section 502.  Petition to Court; Establishment of Disputed

3

Boundaries.--The court of [quarter sessions] common pleas may,

4

upon presentation of a petition, [(i) alter the lines of a

5

borough and any adjoining township, borough or city so as to

6

suit the convenience of the inhabitants thereof, (ii) cause the

7

lines and boundaries of boroughs to be ascertained and

8

established, and (iii)] ascertain and establish disputed

9

boundaries between [two or more boroughs, between boroughs and

10

cities, or between boroughs and townships] a borough and another

11

municipal corporation. When [any such] a petition is presented,

12

the court may require the petitioners to file a bond in

13

sufficient sum to secure the payment of all costs of the

14

proceeding.

15

Section 503.  [Petition to Court;] Commissioners; Report.--

16

Upon application by petition, in accordance with section 502, 

17

the court shall appoint three impartial persons as commissioners

18

[three impartial persons], one of whom shall be a surveyor or

19

registered engineer[, to inquire into the prayer of the

20

petition]. After giving notice to interested parties

21

[interested] and upon publication of the petition, as directed

22

by the court, the commissioners shall hold a hearing and view

23

the disputed lines and boundaries[, and they or any two of them

24

shall make a plot or draft of the lines and boundaries proposed

25

to be altered, ascertained and established if the same cannot be

26

fully designated by natural lines and boundaries]. [The] A

27

majority of the commissioners[, or any two of them,] shall make

28

their report and recommendations to the court [together with

29

their opinion of the same], accompanied by a plot or draft of

30

the lines and boundaries proposed to be ascertained and

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1

established if they cannot be fully designated by natural lines

2

or boundaries. Upon the filing of [any such] the report, the

3

same shall be confirmed [nisi] subject to exceptions filed under

4

section 504, and the court may, by its order, direct publication

5

of the report and require [such] notice to be given by the

6

petitioners to the interested parties [interested] as [it] the

7

court deems proper.

8

Section 504.  Exceptions and Procedure.--Exceptions to [any

9

such] the report may be filed by [any] an interested person or

10

political subdivision [interested], within thirty days after the

11

filing of the report, and the court [may thereupon fix] shall

12

set a day for the hearing of [such] the exceptions[, of which

13

such notice]. Notice of the hearing shall be given as the court

14

may direct. After hearing, the court [shall have power to] may 

15

sustain [such] the exceptions, [or to] dismiss them and confirm

16

the report[,] or [to] refer the report back to the same or new

17

commissioners with [like] authority to make another report [on

18

which like proceedings may be had. Where]. If no exceptions are

19

filed within thirty days after the filing of the report, the

20

court shall confirm the [same] report absolutely. When [any] a 

21

report is confirmed absolutely, the court shall enter a decree

22

[altering or] ascertaining and establishing the lines and

23

boundaries as shown in [said] the report. The court shall direct

24

publication of the decree establishing the lines and boundaries.

25

Section 505.  Compensation and Expenses of Commissioners;

26

Costs.--The compensation and expenses of commissioners appointed

27

to [alter or] ascertain and establish borough boundaries shall

28

be in [an] a reasonable amount approved by the court. The court

29

shall by its order provide how the costs and expenses of [such]

30

the proceedings, including the furnishing and placing of

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1

monuments, shall be paid, and may assess them against the

2

petitioners, the borough[, township or city interested, or any

3

of them] or any interested municipal corporation, individually

4

or in apportioned amounts as the court deems equitable.

5

Section 506.  Boundary Monuments.--[Whenever any such borough

6

line is altered or ascertained and established, the court shall

7

cause the same to be appropriately marked. Following any change

8

of borough limits pursuant to any procedure set forth in article

9

IV hereof, the annexing municipality shall be responsible for

10

making the boundary as newly established.] The court shall cause

11

a borough line ascertained and established pursuant to this

12

article to be appropriately marked.

13

Section 39.  Article VI heading of the act is reenacted to

14

read:

15

ARTICLE VI

16

BOROUGH WARDS

17

Section 40.  Section 601 of the act, amended June 25, 2001

18

(P.L.651, No.56), is amended to read:

19

Section 601.  Power of [Court] Council to Erect, Abolish and

20

Change Wards and to Adjust, Alter and Establish Lines.--[The

21

court of quarter sessions, upon petition, may](a)  In addition

22

to reapportionment initiated in accordance with 53 Pa.C.S. Pt.

23

II Ch. 9 (relating to municipal reapportionment) and section 11

24

of Article IX of the Constitution of Pennsylvania, council may,

25

by ordinance, divide boroughs into wards, erect new wards out of

26

two or more adjoining wards or parts thereof, consolidate two or

27

more wards into one ward, divide any ward already erected into

28

two or more wards, alter the lines of any two or more adjoining

29

wards or cause the lines or boundaries of wards to be

30

ascertained or established, or abolish all wards. No borough

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1

shall be divided or redivided into more than thirteen wards.

2

(b)  No ward shall be created containing less than three

3

hundred registered electors [therein] in the ward, and all wards

4

which now or at any time hereafter shall contain less than three

5

hundred fifty registered electors [therein] in the ward may[, in

6

the discretion of the court,] be abolished and [if so

7

abolished,] the territory [thereof] of the ward shall be

8

distributed among the remaining wards [in such manner as the

9

court of quarter sessions shall direct] as council shall

10

determine. All other wards [as heretofore established] shall

11

remain as [heretofore] established, until altered or divided as

12

provided in this article.

13

(c)  In boroughs [wherein] where any ward shall be abolished

14

as [herein] provided under this section and the number of wards

15

shall be reduced to less than five, then the member of council

16

or members of council in the ward or wards abolished shall

17

continue in office for the term for which elected and shall

18

become a member of council or members of council at large from

19

[such] the borough.

20

[If the latest official census of the United States shall

21

disclose that in any borough the population of any ward exceeds

22

by fifty percent or more or is fifty percent or more less than

23

the average population of all the wards of such borough, the

24

court of quarter sessions upon application of the borough

25

council or, in case of failure of the council so to apply, upon

26

petition of any citizen of the borough, shall adjust the

27

boundaries of any or all of the wards in such borough, for the

28

purpose of more nearly equalizing ward populations throughout

29

the said borough. The provisions of sections 602, 603 and 604 of

30

this act shall not apply in cases of ward boundary adjustment as

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1

provided for by this paragraph.]

2

(d)  All wards in the borough shall be numbered and composed

3

of compact and contiguous territory as nearly equal in

4

population as practicable as officially and finally reported in

5

the latest official census.

6

Section 41.  Section 602 of the act, amended October 9, 1967

7

(P.L.399, No.181), is amended to read:

8

Section 602.  [Signing Petition; Appointment of

9

Commissioners; Report.--The petition referred to in the first

10

paragraph of section 601 of this act shall be presented by the

11

council of the borough pursuant to a resolution of the council,

12

or by at least five percent of the registered electors of the

13

borough, or in case of a proposal affecting only a portion of

14

the borough by at least five percent of the registered electors

15

of the ward or wards which would be affected by such proposal,

16

as the case may be. The court shall thereupon consider and

17

determine the matter and may appoint three impartial persons,

18

none of whom shall be residents or property owners in the

19

borough, as commissioners to inquire into the propriety of

20

granting the prayer in the petition. The commissioners, or any

21

two of them, shall make a report to the court, within sixty days

22

after their appointment and shall accompany it with a plot,

23

showing the boundaries of the proposed wards of the borough, or

24

the wards before and after the proposed change, as the case may

25

be, whenever the same cannot be fully designated by natural

26

lines, and with information on the population and the number of

27

registered electors in the borough and in all wards and proposed

28

new wards with which such report is concerned.] Petition of

29

Electors.--(a)  At least five percent of registered electors of

30

the borough or, in the case of a proposal affecting only a

- 71 -

 


1

portion of the borough, at least five percent of the registered

2

electors of the ward or wards which would be affected by the

3

proposal may petition council to initiate proceedings under

4

section 601 and may present to council a plot showing the

5

boundaries of the proposed wards of the borough. Council shall,

6

by motion approved by a majority of council and within ninety

7

days of presentment of the petition, determine whether to

8

initiate proceedings under section 601.

9

(b)  In the event that council has not approved a motion

10

within ninety days after the presentment of a petition under

11

subsection (a), any ten registered electors may petition the

12

court of common pleas and contest the existing apportionment as

13

violating section 601(b) or (d). The proceedings before the

14

court shall be conducted in accordance with 53 Pa.C.S. §§ 906

15

(relating to contest of reapportionment by governing body) and

16

907 (relating to costs and expenses of contest).

17

Section 42.  Sections 603, 604, 605 and 606 of the act are

18

amended to read:

19

Section 603.  [Confirmation of Report; Review.--Upon its

20

presentation, the court shall confirm the report nisi, and shall

21

direct that notice of the filing of the report] Notice of

22

Ordinance.--Notice Ordinance.--(a)  Notice of an ordinance

<--

23

enacted in accordance with section 601 shall be given by

24

publication once in a newspaper [of general circulation [stating

<--

25

that exceptions may be filed to such report within thirty days

26

after the same was filed. The court shall confirm the report

27

absolutely if no exceptions are filed or if it dismisses the

28

exceptions. The court may remand the report to the commissioners

29

for a review, if in its opinion a better adjudication may

30

thereby be secured].

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1

(b)  A copy of the ordinance, along with a plot showing the

<--

2

boundaries of the wards established, shall be forwarded to the

3

county board of elections.

4

Section 604.  [Compensation of Commissioners.--The

5

commissioners shall each receive such compensation for their

6

services as the court shall fix.] (Reserved).

7

Section 605.  [Payment of Costs; Bond.--Such compensation and

8

all costs and expenses incurred in such proceedings shall be

9

paid by the borough or the petitioners, as directed by the

10

court. To secure such reimbursement, the court may require the

11

petitioners, other than the borough council, to file a bond with

12

their petition.] (Reserved).

13

Section 606.  Terms of Officers.--Whenever [the court]

14

council shall divide [any] a borough into wards, it shall

15

request the court of common pleas to appoint for each ward a

16

judge and two inspectors of election to hold elections until

17

[such] the officers may be elected as provided by law. In all

18

other cases, officers in office at the time any changes are made

19

pursuant to the preceding sections of this article, shall remain

20

in office until the expiration of the terms for which they have

21

been elected. In case any vacancy shall occur, the [same]

22

vacancy shall be filled by the council, until the first Monday

23

of January next succeeding the election at which [such] the 

24

officers are to be elected, as provided in article VIII [of this

25

act].

26

Section 42.1.  The act is amended by adding a section to

<--

27

read:

28

Section 606.1.  Pennsylvania Election Code.--Nothing in this

29

article shall be construed as affecting the powers and duties of

30

the court of common pleas or the county board of elections, and

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1

restrictions on alteration of election districts as provided in

2

Article V of the act of June 3, 1937 (P.L.1333, No.320), known

3

as the "Pennsylvania Election Code."

4

Section 43.  Section 607 of the act is repealed:

5

[Section 607.  Change of Names and Numbers.--Boroughs may, by

6

ordinance, change the name of any ward to a number, or change

7

the number of any ward to name. No such ordinance shall go into

8

force until a certified copy thereof is filed with the clerk of

9

the court of quarter sessions.]

10

Section 44.  Article VII heading of the act is reenacted to

11

read:

12

ARTICLE VII

13

ASSOCIATIONS AND ORGANIZATIONS

14

Section 45.  Section 701 of the act, amended February 21,

15

2002 (P.L.94, No.7), is amended to read:

16

Section 701.  State Association of Boroughs.--(a)  The

17

boroughs of the Commonwealth are authorized to organize a State

18

Association of Boroughs for the purpose of advancing the

19

interests of the boroughs. [Any] A borough may join the [said]

20

association by motion of council and payment of the annual dues.

21

[Council may designate one or more delegates from the elected or

22

appointed officials of the borough to attend the annual meeting

23

of the association, which shall be held in the Commonwealth in

24

accordance with the procedure adopted by the association. In

25

addition to any compensation allowed by law for each delegate,

26

the borough may, for each delegate, pay expenses which shall be

27

limited to the registration fee, mileage for use of personal

28

vehicle or reimbursement of actual transportation expense going

29

to and returning from such meeting plus all other actual

30

expenses that the council may have agreed to pay. Every delegate

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1

attending the annual meeting shall submit to the council an

2

itemized account of expenses incurred thereat. The council may

3

authorize borough employes to be compensated at their regular

4

employe rate during their attendance at the annual meeting. The

5

borough council solely may authorize the mayor and any council

6

member who is not employed by the borough to receive total or

7

partial reimbursement for lost wages or salary while attending

8

the annual meeting, provided that sufficient documentation is

9

presented to the borough council to justify the reimbursement.

10

The time spent in attending said meeting shall not be more than

11

four days, including the time employed in traveling thereto and

12

therefrom.] Each borough, becoming a member of the association,

13

shall pay [such] reasonable dues as may be fixed by the

14

association.

15

(b)  The dues and other revenues received by the association

16

shall be used to pay for services, publications and other

17

expenses authorized or ratified by the association, or incurred

18

in behalf of the association, by its officers and committees.

19

Section 46.  The act is amended by adding sections to read:

20

Section 701.1.  Authorization to Attend and Payment of

21

Expenses for Attending Meetings, Etc.--(a)  Council may, by

22

motion, designate one or more delegates from the elected or

23

appointed officers of the borough to attend the annual meeting

24

of the association, which shall be held in this Commonwealth in

25

accordance with the procedure adopted by the association.

26

(b)  Council may, by motion, designate one or more elected or

27

appointed officers or employes of the borough to attend the

28

annual meeting as nondelegates or to attend a conference,

29

educational training or committee meeting of the association.

30

(c)  In addition to any compensation allowed under section

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1

701.2, council may, for each attending delegate, elected or

2

appointed officer or employe, pay expenses upon receipt of an

3

itemized account of expenses, which shall be limited to the

4

registration fee, mileage for use of personal vehicle or

5

reimbursement of actual transportation expenses going to and

6

returning from the respective annual meeting, conference,

7

educational training or committee meeting of the association

8

plus all other actual expenses that council may have agreed to

9

pay. Notwithstanding the provisions of this subsection, at least

<--

10

one member of council shall be allowed expenses which shall be

11

limited to the registration fee, lodging, meals, mileage for use

12

of personal vehicle or reimbursement of actual transportation

13

expenses going to and returning from the meeting plus all other

14

actual expenses that the council may have agreed to pay.

15

Section 701.2.  Compensation of Officers and Employes for

16

Attending Meetings, Etc.--(a)  Council may authorize borough

17

employes, including the mayor and members of council if they are

18

employes of the borough, to be compensated at their regular

19

employe rate during their attendance at the annual meeting or a

20

conference, educational training or committee meeting of the

21

association.

22

(b)  Council solely may authorize the mayor and any council

23

member who is not employed by the borough to receive total or

24

partial reimbursement for lost wages or salary, including those

<--

25

from self-employment, while attending the annual meeting or a

26

conference, educational training or committee meeting of the

27

association if sufficient documentation is presented to council

28

to justify the reimbursement.

29

(c)  The maximum time for which a borough employe or mayor or

30

council member not employed by the borough shall be reimbursed

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1

for lost wages or salary while attending the annual meeting or a

2

conference, educational training or committee meeting of the

3

association shall not be more than four days, including time

4

spent traveling to and from the event.

5

(d)  The borough council may authorize a mayor or any council

6

member employed by the borough to be compensated at their

7

regular employe rate and a mayor or council member who is not

8

employed by the borough to receive total or partial

9

reimbursement for lost wages or salary, including those from

<--

10

self-employment, if they attend a meeting for which the mayor or

11

council member is an officer, a member of the board of

12

directors, a member of the executive committee, a member of a

13

standing committee or a trustee of the association, subject to

14

the following limitations which shall include time spent

15

traveling to and from the event:

16

(1)  The compensation of a mayor or council member for

17

attending a meeting of a standing committee of the association

18

shall be limited to two days per year of regular employe rate

19

compensation or lost wages or salary, as applicable.

20

(2)  The compensation of a mayor or council member for

21

attending a meeting for which the mayor or council member is a

22

trustee for the association shall be limited to four days per

23

year of regular employe rate compensation or lost wages or

24

salary, as applicable.

25

(3)  The compensation of a mayor or council member for

26

attending a meeting for which the mayor or council member is an

27

officer, member of the board of directors or a member of the

28

executive committee of the association shall be limited to

29

fifteen days per year of regular employe rate compensation or

30

lost wages or salary, as applicable.

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1

(4)  A mayor or council member identified under paragraph

2

(1), (2) or (3) may not be compensated by the borough under this

3

subsection to the extent that the mayor or council member

4

receives compensation from the association or a board or

5

committee of the association for attending the meeting.

6

Section 47.  Section 702 of the act, amended February 21,

7

2002 (P.L.94, No.7), is amended to read:

8

Section 702.  County and Regional Associations of Boroughs.--

9

The boroughs of any county or of two or more adjoining or nearby

10

counties, may organize a county or regional association of

11

boroughs, composed of elected and appointed borough [officials]

12

officers in [such] the county or counties, organized for the

13

purpose of furthering the interests of the boroughs in the

14

association and their inhabitants. [Any] A borough may annually

15

appropriate a sum of money, not exceeding [seventy-five dollars

16

($75)] one hundred dollars ($100) for the support of [such] the 

17

association. For attendance at a meeting of the county or

18

regional association of which [such] the borough is a member,

19

the borough may, for each delegate, pay expenses which shall be

20

limited to the registration fee, mileage for use of personal

21

vehicle or reimbursement of actual transportation expense going

22

to and returning from [such] the meeting plus all other actual

23

expenses that the council may have agreed to pay. Every delegate

24

attending the [annual] meeting shall submit to the council an

25

itemized account of expenses incurred [thereat]. The council may

26

authorize borough employes to be compensated at their regular

27

employe rate during their attendance at the [annual] meeting.

28

The borough council solely may authorize the mayor and any

29

council member who is not employed by the borough to receive

30

total or partial reimbursement for lost wages or salary while

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1

attending the [annual] meeting, provided that sufficient

2

documentation is presented to the borough council to justify the

3

reimbursement. [Any such] A county or regional association of

4

boroughs shall have the option of admitting to membership

5

representatives of political subdivisions other than boroughs

6

within [such] the county or counties but representatives of

7

[such] the other political subdivisions shall have no voice or

8

vote in any matter that is or may be of concern solely to

9

boroughs.

10

Section 48.  Section 703 of the act, amended January 28, 1988

11

(P.L.21, No.10), is amended to read:

12

Section 703.  Other Associations and Organizations.--[Any]

13

(a)  A borough, by motion of council, may:

14

(1)  join other associations and organizations concerned with

15

municipal or governmental affairs; [may]

16

(2)  pay dues to and appropriate moneys for the support of

17

and participation in [such] the associations and organizations;

18

and [may]

19

(3)  send delegates to meetings or [conventions] conferences 

20

of [such] associations and organizations.

21

In addition to any compensation allowed by law for each

22

delegate, the borough may, for each delegate, pay expenses which

23

shall be limited to the registration fee, mileage for use of

24

personal vehicle or reimbursement of actual transportation

25

expense going to and returning from [such] the meeting or

26

conference plus all other actual expenses that the council may

27

have agreed to pay. Every delegate attending the annual meeting

28

or conference shall submit to the council an itemized account of

29

expenses incurred [thereat]. The council may authorize borough

30

employes to be compensated at their regular employe rate during

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1

their attendance at the annual meeting or conference. The time

2

spent in attending the meeting or [convention] conference shall

3

not be more than four days, including the time employed in

4

traveling [thereto and therefrom] to and from the meeting or

5

conference.

6

[Any] (b)  A borough, by motion of council, may authorize any

7

of its officers [and/or] and employes to attend meetings of

8

professional organizations and associations, or [study or]

9

educational training sessions for persons holding the same or

10

similar office or employment, and may pay all or any specified

11

portion of the necessary expenses incident to their attendance

12

at [such] the meetings or sessions.

13

Every person attending [any convention] a conference, meeting

14

or [study or] educational training session referred to in this

15

section shall submit to the council an itemized account of [his]

16

the person's expenses [thereat], including traveling expenses or

17

mileage, that council may have agreed to pay.

18

Section 49.  Section 704 of the act, amended May 7, 1998

19

(P.L.347, No.54), is amended to read:

20

Section 704.  Associations and Organizations for Mayors.--

21

[Any] A mayor may join a mayors' association and borough council

22

shall pay reasonable dues, not to exceed one hundred dollars

23

($100), as may be fixed by the association for each mayor

24

belonging to that association. The mayor may attend the annual

25

meeting of the association, which shall be held in [the] this 

26

Commonwealth in accordance with the procedure adopted by the

27

association. [Each] A mayor shall be allowed expenses which

28

shall be limited to the registration fee, lodging, meals, 

<--

29

mileage for use of personal vehicle or reimbursement of actual

30

transportation expense going to and returning from [such] the 

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1

meeting plus all other actual expenses that the council may have

2

agreed to pay to the extent that similar expenses are provided

<--

3

to the elected or appointed officers of the borough in the same

4

year for attendance at an annual meeting of the State

5

association as provided under section 701.1. Every mayor

6

attending the annual meeting shall submit to the council an

7

itemized account of expenses incurred at the annual meeting. The

8

time spent in attending [said] the meeting shall not be more

9

than four days, including time in traveling to and from the

10

meeting.

11

Section 50.  Section 705 of the act, added June 22, 2000

12

(P.L.325, No.34), is amended to read:

13

Section 705.  National or State Lodge of Police Officers.--

14

[Any] A borough council may grant [any] a borough employe, who

15

is a duly elected representative of [any] a State lodge of

16

police officers or [any] a local lodge being a part of any

17

national or State lodge of police officers, a leave of absence

18

with pay to attend [any] an annual national or State convention

19

or conference of [such] the lodge, for a period not to exceed

20

four days, including necessary time for travel to and from

21

[same. Any] the convention or conference. An employe receiving

22

time off with pay under this section shall, upon [his] return, 

23

submit to [his] the employe's immediate superior a certificate

24

testifying to [his] the employe's attendance at the convention

25

or conference, signed by at least two responsible officers of

26

the convention or conference. No more than two elected

27

representatives who are employes of the same borough may attend

28

[any such] a convention or conference on behalf of [any such] a 

29

lodge under this section.

30

Section 51.  Article VIII and subdivision (a) headings of the

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1

act are reenacted to read:

2

ARTICLE VIII

3

ELECTIONS OF OFFICERS

4

(a)  General Provisions Relating to Elected Officers

5

Section 52.  Section 801 of the act, amended November 29,

6

2004 (P.L.1337, No.170), is amended to read:

7

Section 801.  Electors Only to be Eligible;

8

Incompatibility.--(a)  Except as provided in subsection (b),

9

only registered electors of the borough [only] shall be eligible

10

to elective borough offices. [All] Before being sworn in to

11

office, each elected borough [officers shall reside] officer

12

shall present a signed affidavit to the borough secretary that

13

states that the officer resides in the borough from which

14

elected and [shall have] has resided in the borough continuously

15

for at least one year immediately before [their] the officer's 

16

election. A school director shall not be eligible to an elective

17

borough office. No individual shall at the same time hold more

18

than one elective borough office.

19

(b)  A borough with a population of less than one hundred

20

fifty, incorporated on or after January 1, 1964, may permit

21

[individuals] residents that have not resided in the borough

22

continuously for at least one year immediately before the

23

election to be eligible to hold office.

24

Section 53.  Sections 802 and 803 of the act are reenacted to

25

read:

26

Section 802.  Time and Place of Elections.--Elections for

27

borough officers shall be at the time and place designated by

28

law for the holding of municipal elections.

29

Section 803.  Certificates of Election.--Certificates of

30

election of all borough officers shall be filed with the borough

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1

secretary and be preserved among the records of the borough for

2

a period of six years.

3

Section 54.  Section 804 of the act, amended June 15, 1978

4

(P.L.473, No.68), is amended to read:

5

Section 804.  Term; Bonds.--Persons elected to borough

6

offices shall serve for the term for which they were elected,

7

except where a vacancy in office shall exist for any reason, in

8

which case the vacancy shall be filled in the manner provided by

9

this act.

10

Whenever [any] an elected official of a borough is required

11

to give bond for the faithful performance of [his] the elected

12

official's duties, the borough may pay the premium for [such]

13

the bond[; except that]. For a tax collector's bond, however, 

14

the borough shall pay a proportionate share of the cost of the

15

bond [of the tax collector, such] with the share to be in the

16

same ratio as the amount of borough taxes bears to the total

17

amount of all taxes indicated by the tax duplicate to be

18

collected by the tax collector during the year preceding the

19

date the premium is due.

20

Section 55.  Sections 805 and 806 of the act, amended June

21

25, 2001 (P.L.651, No.56), are amended to read:

22

Section 805.  Election of Borough Officers When Boroughs

23

Created, Etc.--Whenever a borough is incorporated under the

24

provisions of sections 201 to 219 [inclusive of this act], or

25

whenever two or more boroughs are consolidated under the

26

provisions of [sections 221 to 228 of this act] 53 Pa.C.S. Ch. 7

27

Subch. C (relating to consolidation and merger), or whenever a

28

borough is created from a city of the third class under the

29

provisions of sections 231 to 235 [of this act], the officers of

30

the borough, provided for in section 806 [of this act], shall be

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1

elected at the appropriate municipal election as provided in

2

[said sections] the law and [such] the officers shall take

3

office on the first Monday of January succeeding [such] the 

4

election.

5

At [any such] the election, if the borough is not divided

6

into wards, of the seven members of council to be elected, three

7

or four members of council, as the case may be, shall be elected

8

for terms of two years each, and three or four members of

9

council, as the case may be, shall be elected for terms of four

10

years each, to coincide with the number of members of council

11

elected at [such] the election in existing boroughs under the

12

provisions of section 811 [of this act].

13

In the case of the consolidation of two or more boroughs into

14

one borough, or the creation of a borough from a city of the

15

third class, and where in either event two members of council

16

are to be elected from each ward, one member of council shall be

17

elected from each ward for a term of two years and one member of

18

council shall be elected from each ward for a term of four

19

years.

20

In all boroughs coming within the provisions of this section,

21

three auditors shall be elected, one for a term of two years,

22

one for a term of four years, and one for a term of six years.

23

All other officers of the borough shall be elected at [such]

24

the election for terms of two or four years, as the case may be,

25

to coincide with the terms of officers elected under this act at

26

[such] the election in the existing boroughs.

27

Section 806.  Officers to be Elected.--(a)  It shall be

28

lawful for the electors of the borough to elect:

29

(1)  One mayor, who shall be elected at the municipal

30

election in the year 1969, and every four years thereafter, and

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1

who shall hold office for a term of four years.

2

(2)  One tax collector, who shall be elected at the municipal

3

election in the year 1969, and every four years thereafter, and

4

who shall be a properly qualified person. No magisterial

5

district judge may at the same time hold the office of tax

6

collector.

7

(3)  Three elected auditors or one elected controller, unless

8

the borough instead provides for one appointed auditor pursuant

9

to section 1005(7). The following shall apply:

10

(i)  in boroughs providing for three elected auditors, one

11

auditor shall be elected at each municipal election for a term

12

of six years; or

13

(ii)  in boroughs providing for one elected controller, the

14

controller shall be elected at the municipal election in the

15

year 1969, and every four years thereafter, who shall be a

16

competent accountant and a registered elector of the borough for

17

at least four years prior to the person's election and shall

18

serve for a term of four years.

19

[(1)] (4)  In boroughs not divided into wards, seven members

20

of council[, one mayor, one assessor, except in those boroughs

21

where, under the applicable county assessment law, the office of

22

elected assessor in boroughs shall have been abolished; a tax

23

collector and three auditors or one controller except in such

24

boroughs where there shall be an appointed auditor in lieu of

25

elected auditors or controller]. In [any] a borough with a 

26

population, as determined by the latest official census, of less

27

than three thousand, the total number of members of council may

28

be reduced from seven to five or to three upon petition to the

29

court of common pleas, as provided in section 818 [of this act].

30

[(2)] (5)  In boroughs divided into wards, at least one, and

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1

not more than two members of council in each ward, except in

2

boroughs where prior to the passage of this act three members of

3

council were elected in each ward. In [such] those boroughs, the

4

number of members of council is fixed at three in each ward

5

until [such] the number is reduced in the manner provided by

6

this act. Members of council shall be residents of the ward from

7

which they are elected, and chosen by the electors of the ward[;

8

also a mayor, a tax collector and three auditors or a

9

controller, except in such boroughs where there shall be an

10

appointed auditor in lieu of elected auditors or controller, and

11

an assessor, except in those boroughs where, under the

12

applicable county assessment law, the office of elected assessor

13

shall have been abolished who shall be chosen by the electors of

14

the boroughs at large].

15

(b)  The terms of all elected officers under this section

16

shall begin the first Monday of January next succeeding the

17

person's election.

18

Section 56.  Article VIII subdivision (b) heading of the act,

19

amended June 25, 2001 (P.L.651, No.56), is reenacted to read:

20

(b)  Members of Council

21

Section 57.  Sections 811, 812, 813 and 814 of the act,

22

amended June 25, 2001 (P.L.651, No.56), are amended to read:

23

Section 811.  Election of Members of Council.--(a)  At the

24

municipal election to be held in the year 1967, there shall be

25

elected in each borough a sufficient number of members of

26

council to equal one-half of the entire number of which [such]

27

the council is legally composed, to serve for a term of four

28

years from the first Monday of January next succeeding[, and,

29

where such] the election. Where the entire number of council is

30

seven, nine, or eleven, then it shall be sufficient to

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1

[constitute] elect three, four, or five council members, as the

2

case may be[; the aforesaid members of council, to be]. The

3

members of council elected in the year 1967, being successors to

4

those elected in the year 1963, whose terms, as heretofore

5

provided by law, expire on the first Monday of January, 1968.

6

All members of council whose terms expire on the first Monday of

7

January, 1970 shall continue to hold their office until the

8

first Monday of January, 1970, as now provided, and their

9

successors shall be elected at the municipal election in the

10

year 1969, to serve for a term of four years, from the first

11

Monday of January next succeeding. If for any reason members of

12

council are not elected as [hereinabove] provided under this

13

section, members of council whose terms end on the same date

14

shall cast lots to determine who shall serve for a two-year term

15

and who shall serve for a four-year term. The secretary of the

16

borough shall certify the results to the appropriate county

17

board of elections.

18

(b)  Biennially thereafter, at the municipal election, a

19

sufficient number of members of council shall be elected, for a

20

term of four years from the first Monday of January next

21

succeeding, to fill the places of those whose terms, under the

22

provisions of this act, shall expire on the first Monday of

23

January next following [such] the election.

24

Section 812.  Election of Members of Council Where New Wards

25

Created.--(a)  Whenever [the court of common pleas shall]

26

council shall, by ordinance, divide any borough into wards,

27

erect new wards out of two or more wards or parts [thereof,] of

28

wards or divide a ward already erected into two or more wards,

29

[or create a new ward out of annexed territory, and when the

30

report, in such case, is confirmed by the court, it shall, at

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1

the same time, decree] the ordinance shall provide for the

2

election of an equal number of members of council, in each of

3

the wards, in [such] a manner as not to interfere with the terms

4

of those [theretofore] previously elected.

5

(b)  Where a borough is first divided into wards, the [court]

6

ordinance providing for the division shall fix the number of

7

members of council in each ward at not more than two. [In

8

decreeing such election, when] When the entire number of council

9

shall be composed of an even number, [the decree shall be so

10

made that] one-half of the entire number shall thereafter be

11

elected at each municipal election. When the entire number of

12

council shall be an odd number, the [court shall divide such

13

council into] ordinance shall establish two classes, and shall

14

[make its decrees so] provide that one-half of the entire number

15

of members of council, less one, shall, as soon as possible,

16

take their office in a year divisible by four, and the remaining

17

number of members of council shall take their office in an even-

18

numbered year not divisible by four. The apportionment shall be

19

[so made by the court that there shall be] equal or as nearly

20

equal as possible, representation by wards in each class.

21

Biennially thereafter, at each municipal election, a sufficient

22

number of members of council shall be elected, for the term of

23

four years from the first Monday of January next succeeding, to

24

fill the places of those whose terms shall expire on the first

25

Monday of [the] January next following [such] the election.

26

Section 813.  Fixing Number of Members of Council When Wards

27

Created.--Whenever upon the division of [any] a borough into

28

wards, or the creation of a new ward or wards, the number of

29

members of council cannot be equally divided among the wards of

30

the boroughs, it shall be lawful for [the court, in decreeing

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1

such division or creation,] council to increase the number of

2

council to, and not exceeding, [such number as] a number that 

3

will enable [the court to make an] equal apportionment of the

4

same among the several wards of [such] the borough. But where a

5

borough is first divided into wards, the number of members of

6

council provided for a ward shall not exceed two.

7

Section 814.  Increase in Number of [Members of Council.--The

8

court of common pleas, having fixed the number of members of

9

council, as provided in section 812 of this article,] Ward

10

Council Members.--Council may, upon petition of at least five

11

percent of the registered electors of the borough, increase the

12

[same] number of members of council to any number not exceeding

13

two for each ward. The sufficiency of the number of signers to

14

[any such] the petition shall be ascertained as of the date when

15

the petition is presented to [court] council.

16

Section 58.  Section 815 of the act, amended May 7, 1998

17

(P.L.347, No.54), is amended to read:

18

Section 815.  Decrease of Number of Ward Council Members.--

19

Whenever, in any borough divided into wards, the council

20

consists of more than seven members, at least five percent of

21

the registered electors of [such] the borough shall have power

22

to petition [the court of common pleas] council for a decrease

23

in the number of members of council from each ward, but in no

24

instance shall the council consist of less than seven members.

25

The purpose of [such] the decrease may be to achieve any or all

26

of the following results:

27

(1)  a council which is less unwieldy in size;

28

(2)  a council which is comparable in size to those in

29

boroughs not divided into wards;

30

(3)  a council consisting of an odd number of members instead

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1

of an even number;

2

(4)  a reduction in borough expenditures; and[,]

3

(5)  the expedition of the conduct of council meetings.

4

[Said] The petition shall clearly state whether [it is the

5

prayer of] the petitioners request that the number of members of

6

[such] the council to be elected in each ward shall be reduced

7

from two to one, or from three to two or one, and shall further

8

state the reasons why [such] the reduction in number shall be

9

desired. The petition may also state whether it is necessary to

10

add a council member or members to be elected at large in order

11

to achieve or maintain a council consisting of at least seven

12

members or to achieve or maintain a council consisting of an odd

13

number of members. The sufficiency of the number of signers to

14

[any such] the petition shall be ascertained as of the date the

15

petition is presented to [court] council.

16

The [court] council shall give notice of the filing of [such]

17

the petition by advertisement in the legal [journal] newspaper 

18

of the county, if one is published in the county, and in one

19

newspaper [of general circulation [in the borough], and in

<--

20

[such] the notice shall fix a day and time for [hearing] a

21

public meeting. After [such hearing, the court may] the public

22

meeting council may, by ordinance, decrease the number of

23

council members elected from each ward from two to one, or from

24

three to two or one, and may also provide for the election at

25

large of a member or members of council. [The court] Council 

26

shall, if necessary, establish a schedule for the subsequent at-

27

large election of council members. The schedule may provide that

28

the initial term of one or more of the council members

29

subsequently elected at large shall be reduced to accommodate a

30

schedule of staggered at-large elections to eventually insure

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1

that, as [near as may be] nearly as possible, one-half of the

2

members of council elected at large will be elected at each

3

municipal election.

4

At each municipal election thereafter in [such] the borough,

5

where there are two members from each ward, the electors of each

6

ward shall elect one council member to hold office for a term of

7

four years from the first Monday of January next succeeding the

8

election.

9

At each municipal election thereafter in [such] the boroughs,

10

where there is one member from each ward, the electors from each

11

of the odd-numbered wards shall, at the first municipal election

12

thereafter, elect one council member for a term of four years,

13

and the electors from each of the even-numbered wards shall

14

elect one council member for a term of two years. At each

15

municipal election thereafter, the electors of the even-numbered

16

wards, or odd-numbered wards as the case may be, shall each

17

elect one council member for a term of four years, to take the

18

place of those whose terms are about to expire. [All such] The

19

council members shall take office on the first Monday of January

20

following their election.

21

In any borough where, under the provisions of this section,

22

the number of council members shall be reduced, the council

23

members then in office shall remain in office until the end of

24

their respective terms.

25

Section 59.  Sections 816, 817 and 818 of the act, amended

26

June 25, 2001 (P.L.651, No.56), are amended to read:

27

Section 816.  Election of Members of Council Where Wards

28

Abolished.--(a)  Whenever [the court of common pleas shall

29

abolish all wards in any borough and when the report in such

30

case is confirmed by the court, it shall, at the same time,

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1

decree] council shall, by ordinance, abolish all wards in a

2

borough, the ordinance shall provide for the election of seven

3

members of council at large for the borough in [such] a manner

4

as not to interfere with the terms of those ward members of

5

council [theretofore] previously elected. [In decreeing such

6

election, where] Where there were [theretofore] previously:

7

(1)  Seven members of council, the [decree shall be so made]

8

ordinance shall provide that, at the first municipal election

9

thereafter the electors shall elect three or four members of

10

council, as the case may be, the number to be elected to be that

11

which, when added to the number of members of council already in

12

office whose terms are not about to expire, shall bring the

13

membership of the council to seven. [Such] The newly elected

14

members of council shall serve for terms of four years from the

15

first Monday of January next succeeding [such] the first

16

municipal election, except that, in any case where the election

17

of four members of council shall be required to bring the

18

membership of council to its full complement of seven, and only

19

three members of council are elected at [such] the municipal

20

election in the other boroughs of the [State] Commonwealth not

21

divided into wards, three members of council shall be elected

22

for four-year terms and one for a two-year term. Thereafter, at

23

every succeeding municipal election, the electors shall elect

24

three or four members of council, as the case may be, each to

25

serve for a term of four years from the first Monday of January

26

following [such] the municipal election.

27

(2)  Eight or more members of council, the [decree shall be

28

so made] ordinance shall provide that, at the first municipal

29

election thereafter the electors shall elect a sufficient number

30

of members of council that, when added to the number of members

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1

of council already in office whose terms are not about to

2

expire, will bring the membership of the council to seven.

3

[Such] The newly elected members of council shall serve for

4

terms of four years from the first Monday of January next

5

succeeding [such] the first municipal election. At the second

6

municipal election after [such decree] the effective date of the

7

ordinance, the electors shall elect a sufficient number of

8

members of council, that, when added to the number of members of

9

council elected at the previous municipal election, shall bring

10

the membership of council to its full complement of seven, some

11

of [such] the members of council elected at [such] the second

12

municipal election to serve for a four-year term following the

13

first Monday of January next succeeding, the remainder to serve

14

for a two-year term, the number in each case to be that required

15

to bring the number of members of council to be elected in

16

[such] the borough in succeeding municipal elections into

17

conformity with the number elected in the other boroughs of the

18

Commonwealth not divided into wards. In the third and all

19

subsequent municipal elections following [such decree of court] 

20

the effective date of the ordinance, the electors shall elect

21

three or four members of council, as the case may be, each to

22

serve for a term of four years from the first Monday of January

23

following [such] the municipal election.

24

In any [such] borough where, under the ward system of

25

electing members of council, the council shall have been so

26

large that there shall be seven or more members of council whose

27

terms shall not expire on the first Monday of January following

28

the first municipal election after [such decree] the effective

29

date of the ordinance, no members of council shall be elected at

30

[such] the first municipal election, and the members of council

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1

remaining in office shall constitute [such] the borough council

2

until the first Monday of January following the second municipal

3

election following [such decree] the effective date of the

4

ordinance. At [such] the second municipal election, seven

5

members of council shall be elected in [such] the borough, some

6

to serve for a four-year term of office from the first Monday of

7

January following [such] the second municipal election, the

8

remainder to serve for a two-year term, the number in each case

9

[to be such] as necessary to bring the number of members of

10

council to be elected in [such] the borough in succeeding

11

elections into conformity with the number elected in other

12

boroughs of the Commonwealth not divided into wards. Thereafter,

13

at the third and all subsequent municipal elections following

14

[such decree] the effective date of the ordinance, the electors

15

shall elect three or four members of council, as the case may

16

be, each to serve for a term of four years from the first Monday

17

of January following [such] the subsequent municipal election.

18

(3)  Six or fewer members of council, the [decree shall be

19

made so] ordinance shall provide that at the first municipal

20

election thereafter, the electors shall elect a sufficient

21

number of members of council that, when added to the number of

22

members of council already in office whose terms are not about

23

to expire, will bring the membership of council to its full

24

complement of seven. Of [such] the newly elected members of

25

council, either three or four, as necessary to bring the number

26

of members of council to be elected in [such] the borough in

27

succeeding municipal elections into conformity with the number

28

elected in other boroughs of the Commonwealth not divided into

29

wards, shall be elected for four-year terms of office, beginning

30

the first Monday of January following [such] the first municipal

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1

election, and the balance shall be elected for two-year terms.

2

Thereafter, at the second municipal election following [such

3

decree] the effective date of the ordinance and at all

4

subsequent municipal elections, the electors shall elect three

5

or four members of council, as the case may be, to serve for a

6

term of four years from the first Monday of January following

7

[such] the subsequent municipal election.

8

[In any case where a vacancy may occur, at] (b)  At any time

9

following [such decree,] the effective date of the ordinance,

10

where a vacancy may occur in the office of a member of council

11

originally elected or appointed from a particular ward, the

12

person appointed to fill [such] the vacancy need not be a

13

resident of the area formerly comprising [such] the ward, but

14

[need only be a registered elector of the borough] shall be

15

otherwise qualified for office as provided in section 801.

16

Section 817.  Vacancies Created After a Primary Election.--

17

Whenever [a decree of court is made after a primary election

18

and, as a result thereof,] a vacancy is created in the office of

19

member of council by any ordinance or decree of court as

20

provided in this subdivision after a primary election, it may be

21

filled by nomination made by [such] the committee as is

22

authorized by the rules of the party to make nominations in the

23

event of vacancies on the party ticket.

24

Section 818.  Decrease in Number of Members of Council.--The

25

court of common pleas may, upon petition of at least five

26

percent of the registered electors of any borough not divided

27

into wards, which, according to the latest official census, had

28

a population of not more than three thousand, reduce the total

29

number of members of council for [such] the borough from seven

30

to five or to three. The sufficiency of the number of signers to

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1

[any such] the petition shall be ascertained as of the date when

2

the petition is presented to court.

3

The court shall give notice of the filing of [such] the 

4

petition by advertisement in the legal [journal] newspaper of

5

the county, if one is published in the county, and in one

6

newspaper [of general circulation [in the borough], and in

<--

7

[such] the notice shall fix a day and time for hearing. After

8

[such] the hearing, the court may decrease the number of members

9

of council elected in [such] the borough from seven to five or

10

three, as requested in the petition.

11

At the municipal election following the decrease in the

12

number of members of council in [such] the borough, from seven

13

to five, if four members of council would otherwise have been

14

elected, there shall instead be elected three members of

15

council; if three members of council would otherwise have been

16

elected there shall instead be elected two members of council.

17

At the second municipal election following the decrease in the

18

number of members of council in [such] the borough, if four

19

members of council would otherwise have been elected, there

20

shall instead be elected three members of council; if three

21

members of council would otherwise have been elected, there

22

shall be elected two members of council. At all following

23

municipal elections, there shall be elected the proper number of

24

members of council to correspond to the number of members of

25

council whose terms are to expire the first Monday of the

26

following January.

27

At the municipal election following the decrease in the

28

number of members of council in [such] the borough from seven to

29

three, if four members of council would otherwise have been

30

elected there shall instead be elected two members of council;

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1

if three members of council would otherwise have been elected

2

there shall instead be elected one member of council. At the

3

second municipal election following the decrease in the number

4

of members of council in [such] the borough, if four members of

5

council would otherwise have been elected, there shall instead

6

be elected two members of council; if three members of council

7

would otherwise have been elected, there shall be elected one

8

member of council. At all the following municipal elections,

9

there shall be elected the proper number of members of council

10

to correspond to the number of members of council whose terms

11

are to expire the first Monday of the following January.

12

In any borough where, under the provisions of this section,

13

the number of members of council shall be reduced, the members

14

of council then in office shall remain in office until the end

15

of their respective terms. If [any such] a borough shall

16

thereafter attain a population in excess of three thousand,

17

according to the latest official census, the number of members

18

of council shall automatically be increased from three or five

19

to seven, following the reverse of the procedure set forth in

20

the third or fourth paragraph of this section, as the case may

21

be.

22

Section 60.  Article VIII subdivision (c) heading, section

23

821, subdivision (d) heading, section 831, subdivision (e)

24

heading, section 841, subdivision (f) heading, section 851,

25

subdivision (g) heading and section 861 of the act are repealed:

26

[(c)  Mayor

27

Section 821.  Election of Mayor.--Electors of every borough

28

shall, at the municipal election in the year 1969, and every

29

four years thereafter, elect one person as mayor, who shall hold

30

office for a term of four years from the first Monday of January

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1

next succeeding his election.

2

(d)  Auditors

3

Section 831.  Election of Auditors.--The qualified electors

4

in boroughs electing auditors, and not accepting the provisions

5

of this act providing for the office of controller, shall elect,

6

at each municipal election, one auditor for a term of six years,

7

to hold office from the first Monday of January next succeeding

8

his election.

9

(e)  Controller

10

Section 841.  Election of Controller.--The qualified electors

11

in every borough having a controller, and in every borough

12

accepting the provisions of this act relating to the controller,

13

shall, at the municipal election in the year 1969, and every

14

four years thereafter, elect as borough controller one person

15

who shall be a competent accountant and a registered elector of

16

the borough, for at least four years prior to his election. The

17

person so chosen shall serve for a term of four years from the

18

first Monday of January next succeeding his election.

19

(f)  Assessors

20

Section 851.  Election of Assessors.--At the municipal

21

election in the year 1967 and at the municipal election every

22

four years thereafter, the qualified electors of every borough

23

shall elect a properly qualified person for assessor in such

24

borough. The provisions of this section shall not apply to those

25

boroughs where, under the applicable county assessment law, the

26

office of elected assessor in boroughs has been abolished. No

27

justice of the peace shall at the same time hold the office of

28

assessor.

29

(g)  Tax Collector

30

Section 861.  Election of Tax Collector.--The qualified

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1

electors of every borough shall, at the municipal election in

2

the year 1969, and every four years thereafter, elect one

3

properly qualified person as tax collector of the borough. No

4

justice of the peace shall at the same time hold the office of

5

tax collector.]

6

Section 61.  Article IX heading of the act is reenacted to

7

read:

8

ARTICLE IX

9

VACANCIES IN OFFICE

10

Section 62.  Section 901 of the act, amended June 25, 2001

11

(P.L.651, No.56), is amended to read:

12

Section 901.  Filling Vacancies in Elective Borough

13

Offices.--(a)  If any vacancy shall occur in the office of the

14

mayor, member of council, auditor, controller, [assessor,] or

15

tax collector, by death, resignation, [removal] termination of

16

residency from the borough, or from a ward in the case of a ward

17

office, or by failure to take the required oath or to give bond

18

as provided by law or ordinance, provide the affidavit required

19

under section 801, or in any other manner whatsoever, the

20

borough council shall fill [such] the vacancy within thirty days

21

by appointing, by resolution, a registered elector of the

22

borough, or of the ward in case of a ward office, to hold [such]

23

the office, if the term [thereof] continues so long, until the

24

first Monday in January after the first municipal election

25

occurring more than sixty days after the vacancy occurs, at

26

which election an eligible person shall be elected to the office

27

for the remainder of the term. [No] Except as provided in

28

section 801(b), no person shall be appointed to fill a vacancy

29

in an elected borough or ward office unless [he or she] the

30

person has resided within the borough, or within the ward in the

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1

case of a ward office, continuously for at least one year

2

immediately prior to [his or her] the person's appointment.

3

[The person appointed shall give bond if required by law or

4

ordinance.

5

In cases where the person elected to the office shall fail to

6

give bond, if any, required or to take the required oath, the

7

borough council, before making the appointment, shall declare

8

the office vacant.]

9

(b)  The person appointed shall give bond if required by law

10

or ordinance. In cases where the person elected to the office

11

shall fail to give any bond required, provide the affidavit

12

required under section 801 or to take the required oath, the

13

borough council, before making the appointment, shall declare

14

the office vacant.

15

(c)  If the council of any borough shall refuse, fail or

16

neglect, or be unable, for any reason whatsoever, to fill any

17

vacancy within thirty days after the vacancy happens, as

18

provided in this section, then the vacancy shall be filled

19

within fifteen additional days by the vacancy board. [Such] The 

20

board shall consist of the borough council exclusive of the

21

mayor, and one registered elector of the borough who shall be

22

appointed by the borough council at the council's first meeting

23

each calendar year or as soon thereafter as practical and who

24

shall act as [chairman] chair of the vacancy board. The board

25

shall appoint a registered elector of the borough, [(]or ward in

26

the case of a ward office[)], to hold [such] the office, if the

27

term [thereof] continues so long, until the first Monday in

28

January after the first municipal election occurring more than

29

sixty days after the vacancy occurs, at which election an

30

eligible person shall be elected to the office for the remainder

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1

of the term.

2

(d)  If the vacancy is not filled by the vacancy board within

3

fifteen days, the [chairman] chair shall, or in the case of a

4

vacancy in the [chairmanship] chair, the remaining members of

5

the vacancy board shall petition the court of common pleas to

6

fill the vacancy by the appointment of a registered elector of

7

the borough [(],or ward in the case of a ward[)], to hold [such]

8

the office, if the term [thereof] continues so long, until the

9

first Monday in January after the first municipal election

10

occurring more than sixty days after the vacancy occurs, at

11

which election an eligible person shall be elected to the office

12

for the remainder of the term.

13

(e)  In the case where there are vacancies in more than a

14

majority of the offices of council, the court of common pleas

15

shall fill [such] the vacancies upon presentation of petition

16

signed by not less than fifteen registered electors of the

17

borough.

18

Section 63.  Section 902 of the act is amended to read:

19

Section 902.  Collection of Taxes Where Vacancy in Office of

20

Tax Collector Not Filled.--Where a vacancy in the office of tax

21

collector exists and no [resident] registered elector of the

22

borough has, within thirty days, received the appointment to

23

fill [such] the vacancy, the county commissioners, the borough

24

council and the board of school directors of the school district

25

shall collect the tax for the county, the borough, and the

26

school district, respectively, through their respective

27

treasurers, or in the case of school districts at the option of

28

the district through their secretaries, and in the case of

29

boroughs, at the option of the borough council, through their

30

secretaries or borough managers.

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1

Section 64.  Section 903 of the act, amended June 25, 2001

2

(P.L.651, No.56), is amended to read:

3

Section 903.  Right of Council to Declare Seat of Member

4

Vacant for Failure to Qualify.--If any person, elected or

5

appointed as a member of council, who has been notified of

6

election or appointment, shall refuse or neglect to qualify as

7

[such] a member of council within ten days next succeeding the

8

beginning of the person's term of office, unless prevented by

9

sickness or prevented by necessary absence from the borough, the

10

borough council, acting without [such] the person, may declare

11

the person's office as member of council vacant, and may fill

12

[such] the vacancy as provided in section 901 [of this act]. For

13

such actions a majority of the remaining members of the council

14

shall constitute a quorum.

15

Section 65.  Section 904 of the act, amended June 25, 2001

16

(P.L.651, No.56), is repealed:

17

[Section 904.  Right of Council to Declare Seat of Member

18

Vacant for Failure to Attend Meetings, Etc.--If any person,

19

having qualified as a member of council, shall neglect or refuse

20

to attend two successive regular meetings unless detained by

21

sickness, or prevented by necessary absence from the borough, or

22

if in attendance at any meetings shall neglect or refuse to vote

23

or by withdrawal from council or otherwise refuse to act in the

24

person's official capacity as a member of council, the borough

25

council, acting without such person, may declare the person's

26

office as a member of council vacant, and may fill such vacancy

27

as provided in section 901 of this act. For such actions a

28

majority of the remaining members of the council shall

29

constitute a quorum.

30

No such office shall be declared vacant for failure to attend

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1

meetings of the council until the holder thereof shall have been

2

given opportunity of hearing before the remaining members of the

3

council, at which time he shall show cause why he shall not be

4

removed. He shall be given at least ten days' written notice of

5

the time and place of such hearing.]

6

Section 66.  Section 905 and Article X and subdivision (a)

7

headings of the act are reenacted to read:

8

Section 905.  Temporary Auditor.--If for any reason two or

9

three vacancies exist in the office of borough auditors, the

10

council may temporarily appoint and reasonably compensate a

11

qualified person, who need not be an elector of the borough, who

12

shall have all the powers and duties of the two or three

13

auditors whose offices are vacated.

14

ARTICLE X

15

POWERS AND DUTIES OF ELECTED

16

BOROUGH OFFICIALS

17

(a)  Council

18

Section 67.  Section 1001 of the act, amended June 25, 2001

19

(P.L.651, No.56), March 22, 2002 (P.L.207, No.17) and April 2,

20

2002 (P.L.236, No.28), is amended to read:

21

Section 1001.  Organization of Council; Quorum; Participation

22

by Telecommunication Device; Voting; Compensation;

23

Eligibility.--(a)  The borough council shall organize on the

24

first Monday of January of each even-numbered year, by electing

25

one of their number as president and one of their number as

26

vice-president, who shall hold [such] the offices at the

27

pleasure of the council. If the first Monday is a legal holiday,

28

the meeting and organization shall take place the first day

29

following. Any action taken by any borough council at any time

30

between 12:01 o'clock ante meridian on January 1 of an even-

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1

numbered year and the organization of council in that year shall

2

be subject to reconsideration by the new council at any time

3

within ten days after [such] organization. The council may at

4

the organization meeting [elect such] appoint other officers as

5

may be provided for by law or ordinance, or as may be deemed

6

necessary for the conduct of affairs of the borough and may

7

transact [such] any other business as may come before the

8

meeting. The president, and during the president's absence or

9

incapacity the vice-president, shall preside over the meetings

10

of council and perform [such] other duties as are prescribed by

11

this act or by ordinance.

12

(b)  A majority of the membership of council then in office

13

shall constitute a quorum. Only Except as provided in subsection

<--

14

(c), only council members physically present at a meeting place

15

within the borough shall be counted in establishing a quorum.

16

(c)  Council may provide for the participation of council

17

members in meetings of council by means of telecommunication

18

devices, such as telephones or computer terminals, which permit,

19

at a minimum, audio communication between locations, provided

20

that:

21

(1)  A majority of the membership of council then in office

22

is physically present at the advertised meeting place within the

23

borough and no council member counting toward the quorum or

<--

24

toward the majority of the vote has been disqualified from

25

voting as a matter of law. a quorum is established at the

<--

26

convening or reconvening of the meeting. If after the convening

27

or reconvening of a meeting a member has been disqualified from

28

voting as a matter of law, but is still physically present,

29

council members participating by telecommunication device in

30

accordance with this section shall be counted to maintain a

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1

quorum.

2

(2)  The telecommunication device used permits the member or

3

members of council not physically present at the meeting to:

4

(i)  speak to and hear the comments and votes, if any, of the

5

members of council who are physically present as well as other

6

members of council who may not be physically present and who are

7

also using a telecommunication device to participate in the

8

meeting; and

9

(ii)  speak to and hear the comments of the public who are

10

physically present at the meeting.

11

(3)  The telecommunication device used permits the members of

12

council and the members of the public who are physically present

13

at the meeting to speak to and hear the comments and the vote,

14

if any, of the member or members of council who are not

15

physically present at the meeting.

16

(4)  Council may only authorize participation by

<--

17

telecommunication device for one or more of the following

18

reasons for physical absence:

19

(i)  illness or disability of the member of council;

20

(ii)  care for the ill or newborn in the member's immediate

21

family;

22

(iii)  emergency; and

23

(iv)  family or business travel.

24

(4) (5)  Nothing in this subsection shall be construed to

<--

25

limit the protections and prohibitions contained in any law or

26

regulation relating to the rights of the disabled.

27

(d)  A member of the council shall not be disqualified from

28

voting on any issue before the council solely because the member

29

has previously expressed an opinion on the issue in either an

30

official or unofficial capacity.

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1

(e)  Members of council may receive compensation to be fixed

2

by ordinance [at any time and from time to time] as follows:

3

(1)  In boroughs with a population of less than five

4

thousand, a maximum of eighteen hundred seventy-five dollars

5

($1875) a year[; in].

6

(2)  In boroughs with a population of five thousand or more

7

but less than ten thousand, a maximum of two thousand five

8

hundred dollars ($2500) a year[; in].

9

(3)  In boroughs with a population of ten thousand or more

10

but less than fifteen thousand, a maximum of three thousand two

11

hundred fifty dollars ($3250) a year[; in].

12

(4)  In boroughs with a population of fifteen thousand or

13

more but less than twenty-five thousand, a maximum of four

14

thousand one hundred twenty-five dollars ($4125) a year[; in].

15

(5)  In boroughs with a population of twenty-five thousand or

16

more but less than thirty-five thousand, a maximum of four

17

thousand three hundred seventy-five dollars ($4375) a year[; and

18

in].

19

(6)  In boroughs with a population of thirty-five thousand or

20

more, a maximum of five thousand dollars ($5000) a year.

21

[Such] The salaries shall be payable monthly or quarterly for

22

the duties imposed by the provisions of this act. Benefits

23

provided to members of council under section [1202(37)] 1202(26) 

24

shall not be considered pay, salary or compensation, but payment

25

for all or a part of the premiums or charges for the benefits

26

shall be in accordance with section [1202(37).] 1202(26). Any

27

change in salary, compensation or emoluments of the elected

28

office shall become effective at the beginning of the next term

29

of the member of council.

30

(f)  The population shall be determined by the latest

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1

available official census figures. In no case shall the

2

compensation for any member of council exceed that of the mayor

3

in any given borough[: Provided, however, That] but wherever the

4

mayor's compensation exceeds that authorized by this section for

5

members of council, the president of council may receive

6

compensation not to exceed that of the office of mayor.

7

Section 68.  Sections 1002, 1003 and 1004 of the act, amended

8

June 25, 2001 (P.L.651, No.56), are amended to read:

9

Section 1002.  Oath of Members of Council.--Before entering

10

upon the duties of their office, the members of council shall

11

take and subscribe an oath or affirmation [to support the

12

Constitution of the United States and of the Commonwealth of

13

Pennsylvania and to perform the duties of their office with

14

fidelity, together with such loyalty oath as is prescribed and

15

required by law] of office under 53 Pa.C.S. § 1141 (relating to

16

form of oaths of office). The oath or affirmation may be taken

17

before any judge or [justice of the peace] magisterial district

18

judge of the county, a notary public or before the mayor of the

19

borough when [he] the person has qualified, and shall be filed

20

with the borough secretary and be preserved among the records of

21

the borough for a period of six years.

22

Section 1003.  When the Mayor May Preside Over Council and

23

Vote; Attendance of Mayor at Council Meetings; Breaking Tie

24

Votes.--The mayor shall preside over the organization of the

25

council, until it is organized as provided in section 1001, and

26

[he] shall be deemed a member of council at the organization

27

meeting if [his] the mayor's membership becomes necessary to

28

constitute a quorum[, but he]. The mayor, however, shall not

29

vote [thereat] at the meeting unless [his] the mayor's vote

30

shall, for any reason [whatsoever], be required to effect the

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1

organization of council, or to elect any officer who is required

2

to be or may be elected at the organization meeting. In case of

3

the absence of the mayor at the organization meeting, one of the

4

members of council[,] physically present at the meeting and 

5

chosen by the members [present] eligible to vote at the meeting,

6

shall preside.

7

The mayor may attend any or all regular and special meetings

8

of council and may take part in the discussions of the council

9

on matters pertaining to borough affairs, subject to any

10

restrictions applicable to members of council contained in the

11

rules of order or bylaws of the council. In all cases where, by

12

reason of a tie or split vote, the council of any borough shall

13

be unable to enact or pass any ordinance, resolution, or motion,

14

or to declare any vacancy pursuant to section 903 or fill any

15

other vacancy in its membership, or in any other borough office,

16

or to take any action on any matter lawfully brought before it,

17

the mayor, if in attendance at the meeting, may at [his] the

18

mayor's option cast the deciding vote, or [request] shall direct 

19

that the matter be tabled until a special meeting of council to

20

be held within not less than five days or more than ten days at

21

which time the matter shall be reconsidered by council and, if a

22

tie or split vote still exists, it shall be the duty of the

23

mayor at that time to cast the deciding vote. If [such] a tie or

24

split vote shall occur at any meeting when the mayor is not in

25

attendance the matter shall be tabled to a special meeting to be

26

held within not less than five days or more than ten days as set

27

by the president of council, and the mayor shall be given at

28

least five days' notice of [such] the meeting, at which meeting

29

it shall be the duty of the mayor to cast the tie-breaking vote.

30

Section 1004.  Failure of Council to Organize.--If the

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1

council of any borough shall fail to organize within ten days

2

from the time prescribed in this article, the court of common

3

pleas, upon the petition of at least ten registered electors of

4

the borough verified by the affidavit of one of the petitioners,

5

shall issue a rule upon the delinquent members of council to

6

show cause why their seats should not be declared vacant. The

7

rule shall be returnable not less than five days from the time

8

of its issue and, after hearing, the court may declare the seats

9

of [such] the members of council, as are responsible for [such]

10

the failure to organize, vacant[,] and shall [thereupon] then 

11

appoint others in their stead, who shall hold office for the

12

respective unexpired terms.

13

Section 69.  Section 1005 of the act, repealed in part July

14

12, 1972 (P.L.781, No.185) and amended November 2, 1979

15

(P.L.458, No.94) and June 25, 2001 (P.L.651, No.56), is amended

16

to read:

17

Section 1005.  Powers of Council.--The council of the borough

18

shall have power:

19

(1)  To create, by motion, ordinance or resolution, and

20

appoint a treasurer, a secretary, a solicitor, an engineer, a

21

street commissioner and [such] other officers as it deems

22

necessary. The treasurer and the secretary shall not be members

23

of council. A bank or bank and trust company may be appointed as

24

treasurer. All officers and employes appointed by the council,

25

with the exception of those who under the provisions of this, or

26

any other act are under civil service or have a definite term of

27

office, shall serve for an indefinite term at the pleasure of

28

the council.

29

(2)  To mitigate or remit fines and forfeitures in reasonable

30

cases.

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1

(3)  By resolution, to make temporary loans on the credit of

2

the borough in anticipation of taxes to be collected, and to

3

issue certificates of indebtedness [therefor. All such]. The 

4

loans shall be repaid from the first moneys available from taxes

5

in anticipation of which the [same] loans were made.

6

(4)  To appoint and revoke the appointment of one or more

7

depositories for borough funds and to fix and approve security

8

to be furnished by [any such] the depository. [Such] The 

9

security may be bonds with corporate or individual securities to

10

be approved by council, or collateral security consisting of

11

obligations of the United States or the Commonwealth of

12

Pennsylvania, or any political subdivision thereof, deposited

13

with the borough or with any bank or trust company within the

14

Commonwealth of a market value of one hundred twenty percent of

15

the amount of the deposit to be secured. Any deposit of

16

collateral shall be under proper agreement and be accompanied by

17

proper assignment or power of attorney for the transfer of the

18

collateral. The borough treasurer shall deposit all borough

19

funds in any depository so designated, and when so deposited,

20

the borough treasurer shall be released and discharged from

21

further liability on account of [such] the deposit. [Nothing

22

herein contained] This paragraph shall not be construed to

23

require a depository to furnish bond or collateral security to

24

cover the amount of any deposit to the extent that the same is

25

insured with the Federal Deposit Insurance Corporation.

26

(5)  To secure [such] indemnity bonds or policies of

27

insurance as it may deem necessary to protect the borough from

28

loss by reason of fire, flood, windstorm, burglary, larceny,

29

negligence or dishonesty, insolvency of a depository, or

30

otherwise, and to pay for [such] the protection the usual or

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1

customary costs.

2

(6)  [To (i) make] With respect to investments, to:

3

(i)  make investment of borough sinking funds as authorized

4

by [the act of July 12, 1972 (P.L.781, No.185), known as the

5

"Local Government Unit Debt Act"; (ii)] 53 Pa.C.S. Pt. VII

6

Subpt. B (relating to indebtedness and borrowing);

7

(ii)  make investment of moneys in the General Fund and in

8

special funds of the borough other than the sinking funds as

9

authorized by Article XIII of this act; and [(iii) liquidate any

10

such]

11

(iii)  liquidate any investment, in whole or in part, by

12

disposing of securities or withdrawing funds on deposit. Any

13

action taken to make or to liquidate any investment shall be

14

made by the officers designated by action of the borough

15

council.

16

(7)  To provide by ordinance passed by a two-thirds vote of

17

the entire number of members of council elected, for the

18

appointment of an independent auditor who shall be a certified

19

public accountant, registered in Pennsylvania, a firm of

20

certified public accountants so registered or a competent public

21

accountant or a competent firm of public accountants. Where

22

[such] an ordinance has been [so] adopted, an independent

23

auditor shall be appointed, annually, by resolution before the

24

close of a fiscal year, to make an independent examination of

25

the accounting records of the borough for [such] the fiscal year

26

and [such] the independent auditor shall also perform the other

27

duties and exercise the powers as conferred upon [him by

28

subdivision (k) of article XI of this act] the independent

29

auditor under subdivision (c). When an independent auditor is

30

appointed as [herein] provided in this paragraph, the office of

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1

elected borough auditor or controller, as the case may be, is

2

thereby abolished although the borough auditors, or controller,

3

then in office shall continue to hold their office during the

4

term for which elected and the borough auditors or controller

5

shall not audit, settle, or adjust the accounts audited by

6

[such] the independent auditor but shall perform the other

7

duties of their office.

8

Whenever any borough has provided by ordinance for the audit

9

of its accounts by an appointed auditor, the borough shall have

10

the right at any time to repeal [said] the ordinance, and

11

[thereupon] then the office of appointed auditor shall be

12

abolished, as of the date set in [such] the ordinance and [said]

13

the borough shall have the further right at the next municipal

14

election following the repeal of [said] the ordinance to elect

15

three auditors, one for a term of two years, one for a term of

16

four years, and one for a term of six years, from the first

17

Monday of January succeeding [such] the election, which auditors

18

so elected shall succeed the appointed auditor and shall have

19

and possess all the powers and perform all the duties provided

20

in this act for elected auditors. If at any time after the

21

effective date of any [such] ordinance abolishing the office of

22

appointed auditor, there shall be a vacancy in the office of

23

elected auditor, council shall fill [such] vacancies in the

24

manner prescribed in section 901 [of this act].

25

(8)  To make, authorize and ratify expenditures for lawful

26

purposes from funds available therefor or from funds borrowed

27

within legal limits.

28

(9)  To pay authorized expenses incurred by elected and

29

appointed borough officers in connection with their duties or

30

other borough business.

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1

Section 70.  Section 1006 of the act, amended April 12, 1976

2

(P.L.93, No.39) and December 12, 1980 (P.L.1194, No. 220), is

3

amended to read:

4

Section 1006.  Duties of Council.--It shall be the duty of

5

the borough council:

6

(1)  To organize, pursuant to section 1001, in even-numbered

7

years.

8

(2)  To meet statedly at least once a month. Council may

9

adjourn to a stated time for general business or for special

10

businesses. If no quorum is present at a regular, special or

11

[adjourned] reconvened meeting, a majority of those who do meet

12

may agree upon another date for like business [and may continue

13

to so agree until the meeting is held] in a manner consistent

<--

14

with 65 Pa.C.S. Ch. 7 (relating to open meetings). Special

15

meetings may be called by the president of council or upon

16

written request of at least one-third of the members [thereof]

17

of council. Members shall have at least twenty-four hours'

18

notice of [such] the special meetings. The notice shall state

19

whether it is for general or special purposes, and, if it is for

20

special purposes, the notice shall contain a general statement

21

of the nature of the business to be transacted. Presence at a

22

meeting constitutes waiver of notice. Council may adopt rules

23

relating to the calling and holding of special meetings, which

24

rules shall supersede the provisions of this section, provided

<--

25

that such rules comply with the provisions of 65 Pa.C.S. Ch. 7.

26

[(2)] (3)  To make and preserve records of its proceedings.

27

[(3)  To enact, revise, repeal and amend such bylaws, rules,

28

regulations, ordinances and resolutions, not inconsistent with

29

the laws of the Commonwealth, as it shall deem beneficial to the

30

borough and to provide for the enforcement of the same. The

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1

legislative powers of boroughs including capital expenditures

2

not payable out of current funds, shall be exercised by or be

3

based on an ordinance. All other powers shall be exercised by

4

vote of the majority of council present at a meeting, unless

5

otherwise provided.]

6

(4)  To enact, revise, repeal and amend ordinances and

7

resolutions pursuant to Article XXXIII, and bylaws, rules and

8

regulations, not inconsistent with the laws of this Commonwealth

<--

9

as it deems beneficial to the borough and to provide for the

10

enforcement of the same. Unless otherwise provided, all powers

11

shall be exercised by vote of the majority of council eligible

12

to vote at a meeting. Routine, ministerial or administrative

13

purchases and powers may be made and exercised by officers or

14

committees, if authority [therefor] for the action was

15

previously given, or if the action is subsequently ratified by

16

council. Whenever any action by the council shall result in a

17

specific written contract or agreement, [such] the contract or

18

agreement shall be signed by the president of the borough

19

council.

20

[(4)  Except where otherwise in this act provided, to publish

21

every proposed ordinance or resolution of a legislative

22

character once in one newspaper of general circulation in the

23

borough not more than sixty days nor less than seven days prior

24

to passage. Publication of any proposed ordinance shall include

25

either the full text thereof or the title and a brief summary

26

prepared by the borough solicitor setting forth all the

27

provisions in reasonable detail and a reference to a place

28

within the borough where copies of the proposed ordinance may be

29

examined. If the full text is not included a copy thereof shall

30

be supplied to a newspaper of general circulation in the borough

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1

at the time the public notice is published. If the full text is

2

not included an attested copy thereof shall be filed in the

3

county law library or other county office designated by the

4

county commissioners who may impose a fee no greater than that

5

necessary to cover the actual costs of storing said ordinances.

6

In the event substantial amendments are made in the proposed

7

ordinance or resolution, before voting upon enactment, council

8

shall within ten days readvertise in one newspaper of general

9

circulation in the borough, a brief summary setting forth all

10

the provisions in reasonable detail together with a summary of

11

the amendments.]

12

(5)  To cause notices to be served, as required by law or

13

ordinance, in a manner council may by motion or other action

14

decide.

15

(6)  To fix the compensation of all of the borough officers,

16

appointees and employes.

17

(7)  To fix the amount of security to be given by the

18

treasurer, and of [such] other officers, appointees and employes

19

as it may designate.

20

Section 71.  Section 1007 of the act, amended July 11, 1996

21

(P.L.549, No.97), is repealed:

22

[Section 1007.  Passage, Approval and Veto of Ordinances.--

23

(a)  Every ordinance and every resolution of legislative

24

character except as herein otherwise provided, passed by the

25

council, shall be presented to the mayor for his approval. If

26

the mayor approves, he shall sign it; but, if he shall not so

27

approve, he shall return it with his objections to the council

28

at its next regular meeting occurring at least ten days after

29

the meeting at which such ordinance was passed by the council,

30

when the objections shall be entered upon the minutes and the

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1

council shall proceed to a reconsideration thereof either at the

2

meeting at which the vetoed ordinance was returned or at any

3

other regular, special or adjourned meeting held not later than

4

ten days thereafter. If, after such reconsideration, two-thirds

5

of all the members elected to said council, or a majority of

6

council plus one, when the number composing such council is less

7

than nine, shall vote to pass such ordinance or resolution, it

8

shall become of as full force and effect as if it had received

9

the approval of the mayor; but in such case the vote shall be

10

determined by yeas and nays, and the names and votes of the

11

members shall be entered on the minutes. If any such ordinance

12

or resolution shall not be returned by the mayor at the regular

13

meeting of the council occurring at least ten days next

14

succeeding its presentation to him, it shall likewise have as

15

full force as if it had been approved.

16

(b)  The enactment of an ordinance except as herein otherwise

17

provided shall be the date when the mayor shall approve it or

18

the date of passage by the council over the veto of the mayor,

19

or in the case of any ordinance not returned by the mayor at the

20

regular meeting of council, occurring at least ten days after

21

the meeting at which such ordinance was passed by the council,

22

the date of enactment shall be the date of such succeeding

23

regular meeting of council.

24

(c)  When council shall present the mayor with the annual tax

25

ordinance referred to in section 1310 of this act, the mayor

26

shall within ten days of receiving the tax ordinance approve the

27

tax ordinance by affixing his signature thereto or return the

28

tax ordinance to the borough secretary with a statement setting

29

forth his objections thereto. Council shall proceed to a

30

reconsideration thereof at any regular, special or adjourned

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1

meeting held not later than ten days after the mayor has

2

returned the tax ordinance to the secretary with his objections.

3

The mayor's objections shall be entered upon the minutes of the

4

meeting. A veto of the tax ordinance of the borough may be

5

overridden by a vote of two-thirds of all the members of

6

council, and thereafter such ordinance shall have full force and

7

effect as if it had received the approval of the mayor.]

8

Section 72.  Section 1008 of the act, amended October 9, 1967

9

(P.L.399, No.181), is repealed:

10

[Section 1008.  Recording, Advertising and Proof Of

11

Ordinances; Codification of Ordinances.--(a)  No ordinance, or

12

resolution of a legislative character, in the nature of an

13

ordinance, shall be considered in force until the same is

14

recorded in the ordinance book of the borough and has been

15

advertised as provided in this article. All ordinances, or

16

resolutions of a legislative character in the nature of an

17

ordinance, may be proved by the certificate of the borough

18

secretary, under the corporate seal, and, when printed or

19

published in book or pamphlet form and purporting to be

20

published by the authority of the borough, shall be read and

21

received as evidence in all courts and places without further

22

proof. All borough ordinances shall, within one month after

23

their enactment, be recorded by the borough secretary in a book

24

provided for that purpose, which shall be at all times open to

25

the inspection of citizens. The entry of the borough ordinance

26

in the ordinance book by the secretary shall be sufficient,

27

without the signature thereto of the president of council, mayor

28

or other person.

29

Any and all borough ordinances or portions thereof, the text

30

of which, prior to the effective date of this act, shall have

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1

been attached to the ordinance book, shall be considered in

2

force just as if the ordinances or portions thereof had been

3

recorded directly upon the pages of such ordinance book:

4

Provided, That all other requirements of this act applicable to

5

the enactment, approval, advertising and recording of such

6

ordinances or portions thereof were complied with within the

7

time limits prescribed by this act.

8

(b)  Whenever any borough shall have caused to be prepared a

9

consolidation, codification or revision of the general body of

10

borough ordinances, or the ordinances on a particular subject,

11

the borough council may adopt such consolidation, codification

12

or revision as an ordinance of the borough, in the same manner

13

that is now prescribed by law for the adoption of borough

14

ordinances, except as hereinafter provided.

15

Any such consolidation, codification or revision of borough

16

ordinances to be enacted as a single ordinance shall be

17

introduced in the borough council at least thirty days before

18

its final enactment, and at least fifteen days before its final

19

enactment, notice of the introduction of any consolidation,

20

codification or revision, specifying its general nature and

21

listing its table of contents, shall be given by advertisement

22

in a newspaper of general circulation in said borough.

23

When any such consolidation, codification or revision has

24

been enacted as an ordinance, it shall not be necessary to

25

advertise the entire text thereof, but it shall be sufficient in

26

any such case, to publish a notice stating that such

27

consolidation, codification or revision, notice of the

28

introduction of which had previously been given, was finally

29

enacted.

30

The procedure set forth in this section for the

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1

consolidation, codification or revision of borough ordinances as

2

a single ordinance may also be followed in enacting a complete

3

group or body of ordinances, repealing or amending existing

4

ordinances as may be necessary, in the course of preparing a

5

consolidation, codification or revision of the borough

6

ordinances, except that in such case the advertisement giving

7

notice of the introduction shall list, in lieu of a table of

8

contents, the titles only of each of the ordinances in such

9

complete group or body of ordinances, and the notice following

10

enactment shall simply state that such group or body of

11

ordinances was passed finally.]

12

Section 73.  Section 1009 of the act, amended May 1, 1984

13

(P.L.223, No.47), is amended to read:

14

Section 1009.  Typewritten, Printed, [Photostated and]

15

Photocopied, Microfilmed and Electronically or Digitally Stored 

16

Records Valid; Recording or Transcribing Records.--(a)  All

17

borough records, required to be recorded or transcribed, shall

18

be deemed valid if typewritten, printed, [photostated or] 

19

photocopied, microfilmed [and where] or electronically or

20

digitally stored or retained by any other process that

21

accurately reproduces the original and forms a durable medium

22

for recording, storing and reproducing in accordance with the

23

act of May 9, 1949 (P.L.908, No.250), entitled "An act relating

24

to public records of political subdivisions other than cities

25

and counties of the first class; authorizing the recording and

26

copying of documents, plats, papers and instruments of writing

27

by digital, photostatic, photographic, microfilm or other

28

process, and the admissibility thereof and enlargements thereof

29

in evidence; providing for the storage of duplicates and sale of

30

microfilm and digital copies of official records and for the

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1

destruction of other records deemed valueless; and providing for

2

the services of the Pennsylvania Historical and Museum

3

Commission to political subdivisions."

4

(b)  Where recording or transcribing in a specified book of

5

record is required, including minutes of the proceedings of the

6

council, [such] the records [may] shall be recorded or

7

transcribed as follows:

8

(1)  in a mechanical post binder book capable of being

9

permanently sealed with consecutively numbered pages with a

10

security code printed thereon and a permanent locking device

11

with the borough seal being impressed upon each page[,]; or

12

(2)  in a bound book with pages being consecutively numbered

13

by transcribing directly upon the pages of [such] the book of

14

record or [such] by permanently attaching the records or copies

15

[thereof may be attached] to [such] the book of record [by

16

stapling or by glue or by any other adhesive substance or

17

material, and all records heretofore recorded or transcribed in

18

any manner authorized by this section are validated. When any

19

record shall be recorded or transcribed after the effective date

20

of this act by attaching such record or a copy thereof to the

21

book of record as hereinabove provided,] with the borough seal

22

[shall be] being impressed upon each page to which [such] the 

23

record is attached, with each impression [thereof] covering both

24

a portion of the attached record and a portion of the page of

25

the book of record to which [such] the record is attached.

26

(c)  All records previously recorded or transcribed in any

27

manner authorized by this act at the time the records were

28

recorded or transcribed are validated.

29

Section 74.  Section 1010 of the act, repealed in part April

30

28, 1978 (P.L.202, No.53), is repealed:

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1

[Section 1010.  Appeals from Ordinances.--Complaint as to the

2

legality of any ordinance or resolution may be made to the

3

court. In cases of ordinances laying out streets over private

4

lands, the court shall have jurisdiction to review the propriety

5

as well as the legality of the ordinance.]

6

Section 75.  Sections 1011, 1012 and 1013 of the act are

7

repealed:

8

[Section 1011.  Lost Ordinance Books to be Replaced;

9

Recording Ordinances.--Whenever any ordinance book or books are

10

lost, destroyed, or become unserviceable, the borough council

11

may provide by ordinance for a new ordinance book or books into

12

which shall be recorded by the secretary all of the ordinances

13

contained in such lost, destroyed or unserviceable ordinance

14

book or books. The secretary, in recording such ordinances,

15

shall make complete copies thereof, including the date of

16

enactment and approval and the names of the officers who signed

17

the same, and, after notice given, as hereinafter provided, and

18

corrections made, shall certify each ordinance as a correct copy

19

of the original.

20

Section 1012.  Ordinance Providing for Recording; Notice.--

21

The ordinance providing for the recording of such ordinances

22

shall be recorded in such book, immediately following the

23

ordinances so recorded and it shall provide that the secretary

24

of the borough, upon the completion of such recording, shall

25

publish once, in one newspaper of general circulation in the

26

borough, a notice stating that ordinances of the borough

27

contained in lost, destroyed, or unserviceable ordinance book or

28

books, and that the old books and records of borough ordinances

29

and the new ordinance book are open to public inspection for the

30

purpose of verification and correction for a period of thirty

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1

days from the date of the notice.

2

Section 1013.  Certificate of Secretary.--The secretary of

3

the borough, at the expiration of such notice, shall make all

4

corrections, and shall then certify that all of the ordinances

5

have been compared with the originals and that they are correct

6

copies thereof. After the ordinances are recorded, notice

7

thereof given, and the certificate of correction made, the

8

ordinances so recorded shall take the place of the original

9

record and shall be the valid and legal ordinances of the

10

borough for the period covered by such new ordinance book.]

11

Section 76.  Sections 1014, 1015 and 1016 of the act are

12

amended to read:

13

Section 1014.  Hearings Before Council; Witnesses.--Borough

14

councils may compel the attendance of witnesses and the

15

production of books, papers, or other evidence, at any meeting

16

of the council, or any committee [thereof, and,] of the council

17

and for that purpose may issue subpoenas, signed by the

18

president of council or the [chairman] chair of the committee,

19

[and cause the same to] which shall be served in any part of

20

this Commonwealth. If any witness shall refuse to testify to any

21

fact within [his] the witness's knowledge, or to produce any

22

books or papers in [his] the witness's possession or control,

23

required to be used as evidence in any [such] case, the

24

[secretary of the council] borough solicitor shall report the

25

facts relating to [such] the refusal to the court of common

26

pleas. If the court determines the evidence required of [such]

27

the witness to be legal and competent, it shall order [such] the 

28

witness to testify or produce the evidence required.

29

Section 1015.  Witness Fees and Mileage.--No person residing

30

[without] outside the borough and subpoenaed [as aforesaid,] 

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1

under section 1014 shall be required to respond to the [same]

2

subpoena until mileage to and from the borough[,] at the rate

3

[of ten cents (10¢) a mile,] established by the borough council

4

under the act of July 20, 1979 (P.L.156, No.51), referred to as

5

the Uniform Mileage Fee Law, and witness fees as required by law

6

relating to witnesses, have been [furnished] paid.

7

Section 1016.  Examination of Witnesses; Penalty.--Any person

8

called as a witness, as provided in this article, may be

9

examined under oath, administered by the president of council or

10

[chairman] chair of the committee and, for the giving of false

11

testimony, shall be liable [to indictment and punishment] for

12

prosecution under applicable laws for perjury.

13

Section 77.  Article X subdivision (b) heading and sections

14

1021, 1022, 1023 and 1024 of the act are repealed:

15

[(b)  Mayor

16

Section 1021.  Eligibility of Mayor.--No mayor shall hold any

17

other borough office or appointment during the term for which he

18

is elected, except as is permitted by section 1104 of this act.

19

He shall be eligible to succeed himself. He shall not be a

20

member of the council, nor shall he preside over or vote at any

21

meeting of the council, except as provided in section 1003 of

22

this act.

23

Section 1022.  Incompatible Offices.--No member of Congress

24

or any person holding any office or appointment of profit or

25

trust under the Government of the United States, or any person

26

holding the office of justice of the peace shall at the same

27

time be capable of holding the office of mayor.

28

Section 1023.  Oath of Mayor.--The mayor, before exercising

29

the duties of his office, shall take and subscribe an oath or

30

affirmation, to support the Constitution of the United States

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1

and of the Commonwealth of Pennsylvania and to perform the

2

duties of his office with fidelity and also any loyalty oath

3

required by any other act. The oath or affirmation may be taken

4

before any judge or justice of the peace of the county, and

5

shall be filed with the borough secretary, and be preserved

6

among the records of the borough for a period of six years.

7

Section 1024.  Salary of Mayor; Fixed by Ordinance.--If the

8

mayor is to be paid by salary, such salary shall be fixed by

9

ordinance, to be paid from the borough treasury in quarterly,

10

monthly or semi-monthly installments on warrants authorized by

11

the council. The salary or compensation of a mayor shall not be

12

increased or decreased oftener than once in two years.]

13

Section 78.  Section 1025 of the act, amended March 22, 2002

14

(P.L.207, No.17), is repealed:

15

[Section 1025.  Salary of Mayor Limited.--The salary of the

16

mayor shall be established by ordinance and shall not exceed, in

17

boroughs with a population of less than five thousand, a maximum

18

of two thousand five hundred dollars ($2500) a year; in boroughs

19

with a population of five thousand or more but less than ten

20

thousand, a maximum of five thousand dollars ($5000) a year; in

21

boroughs with a population of ten thousand or more but less than

22

fifteen thousand, a maximum of seven thousand five hundred

23

dollars ($7500) a year. In any borough with a population in

24

excess of fifteen thousand, the salary of the mayor shall not

25

exceed five hundred dollars ($500) per annum per thousand

26

population or fraction thereof, the population to be determined

27

by the latest official census figures. Such salaries shall be

28

payable monthly or quarterly for the duties imposed by the

29

provisions of this act. Benefits provided to the mayor under

30

section 1202(37) shall not be considered pay, salary or

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1

compensation, but payment for all or a part of the premiums or

2

charges for the benefits shall be in accordance with section

3

1202(37).]

4

Section 79.  Section 1026 of the act is repealed:

5

[Section 1026.  Salaried Mayor Not to Receive Fees.--Any

6

salary paid pursuant to an ordinance shall be in lieu of all

7

costs and fees allowed a mayor. Costs and fees shall be taxed

8

and collected by the mayor and turned into the borough treasury.

9

Any mayor, upon assuming office for any elective or appointive

10

term and at any time no sooner than two years thereafter, shall

11

be authorized to elect to be paid by the fees and costs

12

pertaining to his office or by the salary fixed by ordinance for

13

his office, and such mayor shall thereupon receive as his

14

compensation either the fees and costs, or the fixed salary, as

15

elected by him.]

16

Section 80.  Section 1028 of the act, amended November 29,

17

2004 (P.L.1337, No.170), is repealed:

18

[Section 1028.  General Powers of Mayor.--(a)  The mayor

19

shall have power:

20

(1)  To administer oaths and affirmations in matters

21

pertaining to borough affairs.

22

(b)  In addition to the power granted to mayors by Part V of

23

Title 35 of the Pennsylvania Consolidated Statutes (relating to

24

emergency management services) and in order to enable him

25

effectually to preserve the public peace within the borough, all

26

the powers which are devolved by the laws of this Commonwealth

27

upon sheriffs, to prevent and suppress mobs, riots and unlawful

28

and tumultuous assemblies, are hereby conferred upon the mayor.

29

In the event that a state of emergency exists, a mayor shall

30

have the authority to request aid and assistance from law

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1

enforcement officers and agencies from a neighboring

2

municipality. In response to a request of a mayor made in

3

accordance with this subsection, a municipal police officer

4

shall, within the borough from which the request was made, have

5

the power and authority to enforce the laws of this Commonwealth

6

or otherwise perform the functions of that office as if

7

enforcing those laws or performing those functions within the

8

territorial limits of his or her primary jurisdiction, subject

9

to the limitations and conditions set forth in 42 Pa.C.S. §

10

8953(b) through (e) (relating to Statewide municipal police

11

jurisdiction). When the mayor considers that a state of

12

emergency exists, he may issue his proclamation, which shall be

13

in writing and the contents of which shall be made available to

14

all news media, declaring a state of emergency for a period not

15

to exceed seven days, unless sooner rescinded, modified or

16

ratified or extended by resolution of council. In his

17

proclamation he may prohibit, for all or any part of the

18

borough:

19

(1)  Any person being on the public streets or in the public

20

parks or at any other public place during the hours declared by

21

him to be a period of curfew.

22

(2)  The entry or departure of persons into or from any

23

restricted area.

24

(3)  The sale, purchase or dispensing of any commodities or

25

goods, as designated by him.

26

(4)  The transportation, possession or use of gasoline,

27

kerosene or other combustible, flammable or explosive liquids or

28

materials, except in connection with the normal operation of

29

motor vehicles, normal home use or legitimate commercial use.

30

(5)  Any other such activities as he reasonably believes

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1

should be prohibited to help preserve life, health, property or

2

the public peace.

3

The proclamation shall describe any restrictive area with

4

particularity and shall specify the hours during such

5

restrictions are to be in effect.

6

Any person violating such proclamation of emergency shall be

7

guilty of a summary offense and shall, upon conviction, be

8

sentenced to pay a fine not to exceed three hundred dollars

9

($300) and costs or to undergo imprisonment not to exceed thirty

10

days.]

11

Section 81.  Section 1029 of the act, amended May 9, 1980

12

(P.L.120, No.47) and December 12, 1980 (P.L.1194, No.220), is

13

repealed:

14

[Section 1029.  Duties of Mayor.--It shall be the duty of the

15

mayor:

16

(1)  To preserve order in the borough, to enforce the

17

ordinances and regulations, to remove nuisances, to exact a

18

faithful performance of the duties of the officers appointed,

19

and to perform such other duties as shall be vested in his

20

office by law or ordinance.

21

(2)  Except as provided in section 1006(3), to sign such

22

papers, contracts, obligations and documents as may be required

23

by law.

24

(3)  To keep correct accounts of all moneys received by him,

25

to render to the council at least once a month an itemized

26

statement of all such moneys so received since the last such

27

statement, with the date at which and the purpose for which and

28

the names of the persons from whom the same was received, and to

29

pay all such moneys into the borough treasury, to report to the

30

council from time to time on the state of the borough and to

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1

make recommendations to the council on matters of borough

2

concern. The borough shall furnish the mayor with such books and

3

forms as are necessary for the conduct of his office. Such books

4

and forms shall be and remain the property of the borough and

5

shall be surrendered to his successor in office.]

6

Section 82.  Section 1030 of the act, amended June 25, 2001

7

(P.L.651, No.56), is repealed:

8

[Section 1030.  When President or Vice-President of Council

9

to Act as Mayor.--Whenever the mayor is absent or incapacitated,

10

or there is a vacancy in the office, the duties of the office

11

shall be discharged by the president of council, or in the

12

absence or incapacity of the president of council, or where

13

there is a vacancy in the office, by the vice-president of

14

council. While discharging the duties of mayor, the president or

15

vice-president of council shall be entitled to the same salary

16

as the mayor would receive, and, during the time such salary is

17

paid to the president or vice-president of council as acting

18

mayor, the mayor shall not be paid compensation. The president

19

or vice-president of council, when acting as mayor, shall have

20

power to veto any proposed ordinance or to break a tie, but

21

shall not have power to vote as a member of council.]

22

Section 83.  Article X subdivision (c) heading of the act is

23

reenacted to read:

24

(c)  Auditors

25

Section 84.  Section 1041 of the act, amended February 10,

26

1976 (P.L.9, No.6), is amended to read:

27

Section 1041.  Auditors to Meet Yearly, and Audit Accounts[;

28

Uniform Forms].--(a)  The auditors of the borough shall meet on

29

the first Tuesday of January of each year, and shall organize by

30

the election of a [chairman] chair and a secretary. If the first

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1

Tuesday is a legal holiday, the meeting and organization shall

2

take place the first day following. Two auditors shall

3

constitute a quorum.

4

(b)  The auditors shall audit, adjust, and settle the

5

accounts of the tax collectors, the [justice of the peace,]

6

magisterial district judge and all officers of the borough, and

7

may also audit, adjust and settle the accounts of any person,

8

corporation, association, organization, committee or commission

9

receiving or expending borough funds[; and shall prepare a

10

report thereof, which shall contain an audit of the accounts of

11

the last fiscal year, and shall also show a complete statement

12

of the financial condition of the borough, giving in detail the

13

actual indebtedness, the amount of the funded debt, the amount

14

of the floating debt, the valuation of taxable property therein,

15

the assets of the borough with the character and value thereof,

16

and the date of maturity of the respective forms of funded debt

17

thereof. Such report shall be prepared within ninety days after

18

the close of the fiscal year].

19

[(c)  The amount of any balance or shortage, or of any

20

expenditure of a kind, or made in a manner, prohibited or not

21

authorized by statute, which causes a financial loss to the

22

borough, shall be a surcharge against any officer against whom

23

such balance or shortage shall appear, or who by vote, act, or

24

neglect, has permitted or approved such expenditure, but no

25

elected or appointed official of a borough shall be surcharged

26

for any act, error or omission in excess of the actual financial

27

loss sustained by the borough, and any surcharge shall take into

28

consideration as its basis the results of such act, error or

29

omission and the results had the procedure been strictly

30

according to law. The provisions hereof limiting the amount of

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1

any surcharge shall not apply to cases involving fraud or

2

collusion on the part of officers, nor to any penalty enuring to

3

the benefit or payable to the Commonwealth.

4

(d)  After such report has been prepared and executed by the

5

auditors, it shall be the duty of the auditors to file a copy of

6

the report with the secretary of the borough, with the clerk of

7

the court of common pleas of the county, with the Pennsylvania

8

Department of Transportation and with the Department of

9

Community Affairs. Such reports shall be filed by the auditors

10

of the borough not later than ninety days after the close of the

11

fiscal year. Any auditor refusing or wilfully neglecting to file

12

such report shall, upon conviction in a summary proceeding, be

13

sentenced to pay a fine of five dollars ($5) for each day's

14

delay beyond the last day for filing such report and costs, but

15

the total fine which may be imposed and collected for any such

16

offense shall not exceed two hundred dollars ($200). If the

17

failure to file such report within the period specified is due

18

to the failure of the auditors to prepare the statement upon

19

which said report is to be based, said fine shall be imposed

20

upon all of the auditors.

21

(e)  In any matter involving any financial transaction, any

22

official knowingly and wilfully acting contrary to law, shall be

23

guilty of a misdemeanor, and on conviction thereof, may be

24

sentenced to pay a fine not exceeding one hundred dollars

25

($100), and his office may be forthwith declared vacant as may

26

seem meet and just to the court passing sentence.

27

(f)  The uniform form for the annual auditors' report and the

28

annual financial statement, hereinafter required to be made,

29

shall be prepared by a committee as provided in article XIII of

30

this act.

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1

(g)  The auditors shall also audit and report to the borough

2

council, upon the accounts of every officer of the borough, upon

3

the death, resignation, removal or expiration of the term of

4

such officer.] The auditors shall also audit and report to the

5

borough council, upon the accounts of every officer of the

6

borough, upon the death, resignation, removal or expiration of

7

the term of the officer. Unless otherwise agreed to by the

8

auditors and the person being audited, the audit shall be

9

conducted at the place the records of the person are normally

10

kept.

11

(b.1)  All orders, vouchers and certificates of indebtedness

12

which have been paid shall, on their presentation to the

13

auditors, be canceled by writing or stamping the word "audited"

14

on the face thereof.

15

Section 85.  Section 1042 of the act is repealed:

16

[Section 1042.  Orders and Vouchers to be Marked "Audited".--

17

All orders, vouchers and certificates of indebtedness, which

18

have been paid, shall, on their presentation to the auditors, be

19

cancelled by writing or stamping the word "audited" on the face

20

thereof.]

21

Section 86.  Section 1043 of the act, amended December 17,

22

1986 (P.L.1691, No.201), is repealed:

23

[Section 1043.  Completion of Auditors' Report; Publication

24

of Financial Statement.--The auditors shall complete such audit,

25

adjustment and settlement, as soon as possible. The auditors

26

shall within ten days thereafter publish, by advertisement in at

27

least one newspaper of general circulation in the borough, a

28

concise financial statement setting forth the balance in the

29

treasury at the beginning of the fiscal year, all revenues

30

received during the fiscal year by major classifications, all

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1

expenditures made during the fiscal year by major functions, and

2

the current resources and liabilities of the borough at the end

3

of the fiscal year, the gross liability and net debt of the

4

borough, the amount of the assessed valuation of the borough,

5

the assets of the borough with the character and value thereof,

6

the date of the last maturity of the respective forms of funded

7

debt, and the assets in each sinking fund.]

8

Section 87.  Sections 1044, 1045, 1047, 1048 and 1049 of the

9

act are repealed:

10

[Section 1044.  Appeals from Audit.--It shall be lawful for

11

the borough, or any taxpayer thereof, on its behalf, or any

12

officer whose account is settled or audited, to appeal from the

13

settlement or audit, as shown in the auditors' report, to the

14

court of common pleas of the county, not later than forty days

15

from the date of filing of the auditors' report with the clerk

16

of the court of quarter sessions.

17

Section 1045.  Taxpayers Appealing to Enter Bond.--No appeal

18

by a taxpayer or officer shall be allowed, unless, at the time

19

of taking such appeal, the appellant shall enter into bond in

20

the sum of one thousand dollars ($1000) with sufficient surety,

21

to prosecute the same with effect and to pay all costs accruing

22

thereon, in case, if the appellant is a taxpayer, he shall fail

23

to obtain a final decision more favorable to the borough than

24

that awarded by the auditors, or, in case, if the appellant is

25

an accounting officer, he shall fail to obtain a final decision

26

more favorable to the officer than that awarded by the auditors.

27

Unless such bond is filed as hereinbefore provided, the court of

28

common pleas, upon application, shall set aside the appeal.

29

Section 1047.  Procedure on Appeals.--Any person interested

30

may order the appeal upon the argument list, and evidence may be

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1

taken before any person authorized to administer oaths, upon

2

rule for that purpose served upon the opposite party. In any

3

proceeding upon an appeal from a report of auditors, the

4

accounts of the office or officers, or the person, corporation,

5

association, organization, committee or commission in question

6

may be investigated de novo, and the burden shall be upon each

7

officer, person, corporation, association, organization,

8

committee or commission, whose accounts are involved in the

9

appeal, of establishing his right to credits claimed by him or

10

it, but the opposing party in such appeal may use any facts,

11

figures, or findings of the report of audit as prima facie

12

evidence against any officer or other entity.

13

When more than one appeal from a report of such auditors

14

shall have been taken, whether by the borough or an officer or

15

officers thereof, or by a taxpayer, or any or all of them, the

16

court shall, on its own motion, or upon motion of any party

17

interested, direct the several appeals to be disposed of in a

18

single proceeding.

19

Section 1048.  Framed Issues.--Whenever any matter of fact is

20

in dispute, the court of common pleas is authorized to frame an

21

issue for the trial thereof.

22

Section 1049.  Findings of Fact and Law; Judgment.--After

23

hearing, the court shall file its findings of fact and law and

24

enter judgment in accordance therewith, and the judgment so

25

entered may be enforced, by any appropriate proceedings, by the

26

party prevailing.]

27

Section 88.  Section 1050 of the act, repealed in part June

28

3, 1971 (P.L.118, No.6), is repealed:

29

[Section 1050.  Exceptions and Appeals.--Exceptions to the

30

ruling of the court, shall be permitted as in other cases.]

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1

Section 89.  Sections 1051 and 1052 of the act are repealed:

2

[Section 1051.  Balances Due to be Entered as Judgments.--Any

3

balance, in any report of the auditors, against any officer of

4

the borough, shall constitute a surcharge against such officer,

5

as fully as if expressly stated in said report to be a

6

surcharge, and the amount of any balance, and of any express

7

surcharge, shall, if no appeal is taken, or after an appeal has

8

been finally determined, be entered by the prothonotary as a

9

judgment, against such officer and in favor of the borough. The

10

clerk of the court of quarter sessions shall certify the amount

11

of every balance or surcharge, contained in any such report,

12

from which no appeal has been taken within time herein provided,

13

to the court of common pleas, for entry thereof by the

14

prothonotary as a judgment. Any taxpayer of the borough may

15

enforce the collection thereof, for the benefit of the borough,

16

by action or execution, upon filing in the court of common pleas

17

a bond, in the sum of one thousand dollars ($1000) with one or

18

more sureties, conditioned to indemnify the borough from all

19

costs which may accrue in the proceedings undertaken by such

20

taxpayer, subject, however, to all rights of appeal from the

21

report of auditors granted by this act. If any person or persons

22

have been, or shall be, surcharged for an illegal purchase, and

23

no fraud or collusion is shown and the surcharge is paid to the

24

borough, then the article purchased shall become the property of

25

the person or persons surcharged.

26

Section 1052.  Attorney to Auditors.--The borough auditors

27

may employ an attorney whenever the same is deemed advisable by

28

a majority of the auditors.

29

The compensation of such attorney shall be fixed by the

30

auditors, and shall not exceed the sum payable to one auditor

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1

for the making of the annual audit, unless a larger compensation

2

shall be allowed by council, or shall be specially allowed by a

3

court in connection with any proceeding before such court, and

4

shall be payable by the borough out of the general fund of the

5

borough.]

6

Section 90.  Section 1053 of the act, amended June 25, 2001

7

(P.L.651, No.56), is amended to read:

8

Section 1053.  Compensation of Auditors.--(a)  Subject to the

9

limitations set forth in subsection (b), each auditor shall

10

receive [no less than five dollars ($5) nor more than] ten

11

dollars ($10)[, as council may determine,] per hour for each

12

hour or portion thereof necessarily employed in the discharge of

13

his duties, to be paid by the borough.

14

(b)  No auditor in a borough having a population of ten

15

thousand or less shall be entitled to receive more than one

16

thousand dollars ($1,000) for completing the annual audit,

17

settlement and adjustment. No auditor in a borough having a

18

population in excess of ten thousand shall be entitled to

19

receive more than two thousand dollars ($2,000) for completing

20

the annual audit, settlement and adjustment.

21

(c)  Each auditor shall be reimbursed for travel costs

22

incurred in the performance of the auditing duties at the rate

23

established by the borough council under the act of July 20,

24

1979 (P.L.156, No.51), referred to as the Uniform Mileage Fee

25

Law, and for other actual expenses, including postage, notary

26

fees or publication costs, necessarily incurred during the

27

audit.

28

Section 91.  Section 1054 of the act is repealed:

29

[Section 1054.  Penalty for Failure to Comply with Law.--In

30

case of any neglect or refusal to comply with the provisions of

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1

the preceding sections of this article, any auditor so

2

neglecting or refusing shall upon conviction thereof in a

3

summary proceeding, be sentenced to pay a fine of not more than

4

one hundred dollars ($100), and in default of the payment of the

5

fine and costs, shall be imprisoned for not more than ten days.]

6

Section 92.  Section 1055 of the act is amended to read:

7

Section 1055.  [Auditors May Compel Attendance of

8

Witnesses.--The] Subpoenas; Oath; Perjury.--(a)  A majority of

9

the auditors of any borough[, or a majority of them,] shall have

10

the power to issue subpoenas to obtain the attendance of the

11

[officers] persons whose accounts they are required to adjust,

12

their executors, and administrators, and of any persons whom it

13

may be necessary to examine as witnesses, and to compel their

14

attendance, and may also compel the production of all documents,

15

including books, vouchers and papers relative to borough

16

accounts. If any person shall refuse or neglect to appear [or],

17

to produce documents or to testify, the auditors shall petition

18

the court of common pleas of the county to issue a subpoena to

19

[such] the person and to require [him] the person to produce

20

documents or to appear and to testify before the court. The

21

court shall issue [such] the subpoena if it deems the documents

22

or testimony relevant to the issue.

23

(b)  The auditors of any borough shall have power to

24

administer oaths and affirmations to all persons brought or

25

appearing before them, whether accountants, witnesses, or

26

otherwise. Persons guilty of swearing or affirming falsely on

27

the examination shall be guilty of perjury.

28

Section 93.  Sections 1056 and 1057 of the act are repealed:

29

[Section 1056.  Auditors May Administer Oaths; Penalty.--The

30

auditors of any borough, or a majority of them, shall have power

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1

to administer oaths and affirmations to all persons brought or

2

appearing before them, whether accountants, witnesses, or

3

otherwise; and all persons guilty of swearing or affirming

4

falsely on such examination shall be liable to indictment and

5

punishment for perjury.

6

Section 1057.  Persons Refusing to Testify to be Committed.--

7

If any person, appearing before such auditors for examination,

8

shall refuse to take such oath or affirmation, or, after having

9

been sworn or affirmed, shall refuse to make answer to such

10

questions as shall be put to him by the auditors touching the

11

accounts or the official conduct of such person or any

12

corporation, association, organization, committee or commission

13

with which such person shall be connected, then the auditors may

14

petition the court to issue its subpoena as hereinbefore

15

provided.]

16

Section 94.  Sections 1058 and 1059 of the act are amended to

17

read:

18

Section 1058.  Pay of Witnesses.--Witnesses, other than

19

officers of the borough, attending before the auditors, and

20

persons or officers serving subpoenas, shall be paid, out of the

21

borough treasury upon authorization signed by a majority of the

22

auditors and orders drawn on the borough treasury, the same fees

23

as are payable for rendering similar services in civil

24

proceedings before a [justice of the peace and the amount

25

thereof] magisterial district judge. The amount paid shall be

26

made a part of the charge against any officer who shall be

27

charged by the auditors with any balance[: Provided, That any

28

such], provided that the costs shall have been incurred in

29

establishing [said] the balance. [Upon collection of any such

30

costs from any officer, they] The costs collected from any

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1

officer shall be repaid into the borough treasury.

2

Section 1059.  Auditors to Settle Accounts Where Witnesses Do

3

Not Appear.--If any person in possession of [books, vouchers, or

4

papers,] documents relative to public accounts before auditors,

5

shall refuse to produce the same, or, if any officer whose

6

accounts are to be settled and adjusted by [such] the auditors

7

shall refuse to attend or submit to examination as is

8

[hereinbefore] directed by this subdivision, the auditors or a

9

majority of them may proceed, by the examination of witnesses

10

and other evidence, to ascertain and settle as near as may be,

11

the amount of public money received by [such] the officer and

12

its application to public purposes or otherwise.

13

Section 95.  The act is amended by adding sections to read:

14

Section 1059.1.  Completion, Filing and Publication of

15

Auditor's Report and Financial Statement.--(a)  The auditors

16

shall complete the annual audit, adjustment and settlement as

17

soon as possible after the end of the fiscal year. The auditors

18

shall, within ten days after completing the annual audit,

19

publish once in at least one newspaper of general circulation a

<--

20

concise financial statement setting forth:

21

(1)  the balance in the treasury at the beginning of the

22

fiscal year;

23

(2)  all revenue received during the fiscal year by major

24

classifications;

25

(3)  all expenditures made during the fiscal year by major

26

functions and the current resources and liabilities of the

27

borough at the end of the fiscal year;

28

(4)  the gross liability and net debt of the borough;

29

(5)  the amount of assessed valuation of the borough;

30

(6)  the assets of the borough with their character and

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1

value;

2

(7)  the date of the last maturity of the respective forms of

3

funded debt; and

4

(8)  the assets in each sinking fund.

5

(b)  The auditors shall prepare a report which shall contain

6

an audit of the accounts of the last fiscal year and shall also

7

show a complete statement of the financial condition of the

8

borough, giving in detail the following:

9

(1)  the actual indebtedness;

10

(2)  the amount of unfunded funded debt;

<--

11

(3)  the amount of floating debt;

12

(4)  the valuation of taxable property in the borough;

13

(5)  the assets of the borough with their character and

14

value; and

15

(6)  the date of maturity of the respective forms of funded

16

debt of the borough.

17

The reports shall be prepared no later than ninety days after

18

the close of the fiscal year. It shall be the duty of the

19

secretary of the auditors to file a copy of the report with the

20

secretary of the borough, with the clerk of the court of common

21

pleas of the county or the prothonotary under local rules of

22

court, with the Department of Transportation and with the

23

Department of Community and Economic Development no later than

24

ninety days after the close of the fiscal year. Any secretary of

25

the auditors refusing or willfully neglecting to file the report

26

shall be guilty of a summary offense. If the failure to file the

27

report within the period specified is due to the failure of any

28

or all of the auditors to prepare the statement upon which the

29

report is to be based, the auditor or auditors shall be guilty

30

of a summary offense.

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1

(c)  The secretary of the auditors shall serve, by registered

2

or certified mail, notice to every elected or appointed official

3

against whom a balance or shortage appears in the report

4

required under subsection (b). The notice shall be served prior

5

to the filing of the report and shall indicate the amount of the

6

balance or shortage and a brief description of how the balance

7

or shortage was derived. The notice shall also indicate that the

8

balance or shortage is deemed a surcharge pursuant to section

9

1059.3 and shall apprise the officer served of the right to

10

appeal pursuant to section 1059.4. Service of notice is complete

11

when the notice is properly addressed, postage prepaid and

12

mailed. Failure to receive the notice required by this

13

subsection shall not constitute grounds for relief from any

14

judgment entered pursuant to this article.

15

(d)  The annual auditors report and the annual financial

16

statement shall be presented on a uniform form prepared by a

17

committee as provided in Article XIII.

18

Section 1059.2.  Attorney to Auditors.--The borough auditors

19

may employ an attorney whenever deemed advisable by a majority

20

of the auditors. The auditors, with the agreement of borough

21

council, shall determine the compensation to be paid to the

22

attorney. If the auditors and borough council cannot agree on

23

the compensation, upon petition of the auditors, the court of

24

common pleas shall establish the compensation for the attorney

25

employed by the auditors. The compensation for the attorney

26

shall be paid out of the borough general fund.

27

Section 1059.3.  Surcharge by Auditors.--(a)  The amount of

28

any balance or shortage or of any expenditure of a kind, or made

29

in a manner prohibited or not authorized by statute which causes

30

a financial loss to the borough, shall be a surcharge against

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1

any officer against whom the balance or shortage shall appear,

2

or who by vote, act or neglect has permitted or approved the

3

expenditure. No elected or appointed official of a borough may

4

be surcharged for any act, error or omission in excess of the

5

actual financial loss sustained by the borough, and any

6

surcharge shall take into consideration as its basis the results

7

of the act, error or omission and the results had the procedure

8

been strictly in accordance with law. The provisions limiting

9

the amount of any surcharge shall not apply to cases involving

10

fraud or collusion on the part of officers, nor to any penalty

11

enuring to the benefit of or payable to the Commonwealth.

12

Notwithstanding this section, the procedures in the act of May

13

25, 1945 (P.L.1050, No.394), known as the "Local Tax Collection

14

Law," shall apply to balances and shortages in the tax accounts

15

of the tax collector.

16

(b)  In any matter involving a financial transaction, any

17

official knowingly and willfully acting contrary to law shall be

18

guilty of a misdemeanor, and upon conviction, may be sentenced

19

to pay a fine not exceeding one hundred dollars ($100).

20

Section 1059.4.  Appeals from Audit.--It shall be lawful for

21

the borough, or any taxpayer of the borough, on its behalf, or

22

any person whose account is settled or audited, to appeal from

23

the settlement or audit, as shown in the auditors report, to the

24

court of common pleas of the county, not later than forty days

25

from the date of the filing of the auditor's report with the

26

clerk of common pleas.

27

Section 1059.5.  Taxpayers Appealing to Enter Bond.--No

28

appeal by a taxpayer or officer may be allowed, unless within

29

the time of taking the appeal, the appellant shall secure a bond

30

in the sum of one thousand dollars ($1,000) with sufficient

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1

surety, to prosecute the appeal and to pay all costs of appeal,

2

in case, if the appellant is a taxpayer, the appellant fails to

3

obtain a final decision more favorable to the borough than that

4

awarded by the auditors, or, in case, if the appellant is an

5

accounting officer, the appellant fails to obtain a final

6

decision more favorable to the officer than that awarded by the

7

auditors. Unless the bond is filed as provided in this section,

8

the court of common pleas, upon application, shall set aside the

9

appeal.

10

Section 1059.6.  Procedure on Appeals.--(a)  In any

11

proceeding upon an appeal from a report of the auditors, the

12

accounts of the office or officers, or the person, corporation,

13

association, organization, committee or commission in question

14

may be investigated de novo, and the burden shall be upon each

15

officer, person, corporation, association, organization,

16

committee or commission whose accounts are involved in the

17

appeal of establishing the person's right to credits claimed by

18

the person, but the opposing party in the appeal may use any

19

facts, figures or findings of the report of the auditors as

20

prima facie evidence against any officer or other entity.

21

(b)  When more than one appeal from a report of the auditors

22

shall have been taken, the court shall, on its own motion or

23

upon motion of any interested party, direct the several appeals

24

to be disposed of in a single proceeding.

25

Section 1059.7.  Findings of Fact and Law; Judgment;

26

Appeals.--After the hearing, the court shall file its findings

27

of fact and law and enter judgment accordingly, and the judgment

28

so entered may be enforced by the prevailing party by any

29

appropriate proceeding. Appeals from the court's ruling may be

30

taken in accordance with law.

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1

Section 1059.8.  Attorney Fees.--(a)  Upon final

2

determination of an appeal taken under section 1059.4 from any

3

report, audit or settlement of the account of any borough

4

officer, attorney fees shall be awarded as follows:

5

(1)  If in the opinion of the court the final determination

6

is more favorable to the borough officer involved than that

7

awarded by the auditors, the borough shall pay reasonable

8

attorney fees or, under subsection (c), a portion of reasonable

9

attorney fees incurred by the officer in connection with the

10

surcharge proceeding.

11

(2)  In the case of an appeal taken by the borough or a

12

taxpayer, if in the opinion of the court the final determination

13

is more favorable to the borough than that awarded by the

14

auditors, the borough officer who is the subject of the

15

surcharge proceeding shall pay reasonable attorney fees or,

16

under subsection (c), a portion of reasonable attorney fees

17

incurred by the borough, elector or taxpayer in connection with

18

the surcharge proceeding.

19

(3)  If in the opinion of the court the final determination

20

is in part more favorable to the borough and in part more

21

favorable to the borough officer involved in the surcharge

22

proceeding than that awarded by the auditors, the court may

23

order the borough to pay a portion of reasonable attorney fees

24

incurred by the officer in connection with the surcharge

25

proceeding or it may order the borough officer who is the

26

subject of the surcharge proceeding to pay a portion of

27

reasonable attorney fees incurred by the borough or taxpayer in

28

connection with the surcharge proceeding.

29

(b)  The counsel fees in case of appeals involving accounts

30

other than those of borough officers shall be allocated in the

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1

court's discretion.

2

Section 1059.9.  Balances Due to be Entered as Judgments.--A

3

balance in a report of the auditors against an officer of the

4

borough shall constitute a surcharge against the officer as

5

fully as if expressly stated in the report to be a surcharge.

6

The amount of a balance and of any express surcharge shall, if

7

no appeal is taken, or after an appeal has been finally

8

determined in favor of the borough, be entered by the

9

prothonotary as a judgment against the officer. The clerk of the

10

court of common pleas shall certify the amount of every balance

11

or surcharge contained in a report from which no appeal has been

12

taken within the time provided under this article to the court

13

of common pleas for entry by the prothonotary as a judgment. Any

14

taxpayer of the borough may enforce the collection of the

15

balance or surcharge for the benefit of the borough, by action

16

or execution, upon filing in the court of common pleas a bond,

17

in the sum of one thousand dollars ($1,000) with one or more

18

sureties, conditioned to indemnify the borough from all costs of

19

the proceedings undertaken by the taxpayer, subject, however, to

20

all rights of appeal from the report of auditors granted by this

21

act. If a person has been or shall be surcharged for an illegal

22

purchase, and no fraud or collusion is shown and the surcharge

23

is paid to the borough, then the article purchased shall become

24

the property of the person surcharged.

25

Section 1059.10.  Penalty for Failure to Comply with Law.--

26

(a)  An auditor neglecting or refusing to comply with the

27

provisions of this article shall be guilty of a summary offense.

28

(b)  An auditor who is financially interested, directly or

29

indirectly, in a borough transaction commits a summary offense.

30

Section 1059.11.  General Powers and Duties of Independent

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1

Auditor.--(a)  When an independent auditor is appointed pursuant

2

to section 1005(7), the independent auditor shall have the same

3

powers and duties and be subject to the same penalties as the

4

auditors under this article. The independent auditor shall

5

annually examine, audit and settle all accounts in which the

6

borough is concerned. The audit shall consist of an examination

7

in accordance with generally accepted auditing standards and

8

shall include tests of the accounting records and other auditing

9

procedures as the independent auditor considers necessary in the

10

circumstances. The independent auditor shall make and publish

<--

11

the annual financial report in the same form and manner and at

12

the same time as in this act required of the auditors of the

13

borough.

14

(b)  The independent auditor shall audit the accounting

15

records of the borough for the fiscal year and shall prepare a

16

report on the examination which shall be subject to appeal in

17

the same manner as reports of the auditors under this article.

18

The report shall set forth:

19

(1)  The scope of the examination.

20

(2)  The independent auditor's opinion of the fairness of the

21

presentation of the financial statement of the borough, which

22

shall show a complete statement of the financial condition of

23

the borough, giving in detail the actual indebtedness, the

24

amount of unfunded funded debt, the amount of floating debt, the

<--

25

valuation of the taxable property in the borough, the assets of

26

the borough with their character and value and the date of the

27

maturity of the respective forms of funded debt of the borough.

28

(3)  The amount of any balance or shortage or any expenditure

29

of any kind or made in a manner prohibited or not authorized by

30

a statute which came to the independent auditor's attention

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1

during the course of the examination and which, in the

2

independent auditor's opinion, causes a financial loss to the

3

borough as provided in section 1059.3, shall be a surcharge

4

against an officer against whom the balance or shortage shall

5

appear, subject to appeal, entry as judgment, certification and

6

enforcement as provided in this article.

7

(c)  The independent auditor may employ an attorney subject

8

to the provisions of section 1059.8, except that the employment

9

shall be with the consent of borough council.

10

(d)  Sections 1055, 1058 and 1059, relating to witnesses,

11

shall apply to proceedings initiated by independent auditors.

12

(e)  The compensation of the independent auditor shall be

13

determined by council and paid by borough funds.

14

Section 96.  Article X subdivision (d) heading of the act is

15

reenacted to read:

16

(d) Controller

17

Section 97.  Sections 1061, 1062 and 1063 of the act are

18

amended to read:

19

Section 1061.  Oath and Bond of Controller.--The borough

20

controller shall, before entering upon the duties of [his]

21

office, take the required oath or affirmation [to support the

22

Constitution of the United States and of the Commonwealth of

23

Pennsylvania and to perform the duties of his office with

24

fidelity and any loyalty oath required by any other act. He] of

25

office under 53 Pa.C.S. § 1141 (relating to form of oaths of

26

office). The controller shall give bond to the borough with a

27

surety company to be approved by the council, in [such] a sum as

28

[it] council may direct by ordinance [direct], conditioned for

29

the faithful discharge of [his] the controller's duties. The

30

amount of [said] the bond shall be sufficient to adequately

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1

protect the borough from any illegal or unfaithful action by the

2

controller. The cost of [such] the bond shall be paid by the

3

borough.

4

Section 1062.  Salary of Controller.--The borough council

5

shall fix the annual salary of the controller[, and may not

6

increase or decrease such salary oftener than once in two

7

years]. Any change in salary, compensation or emoluments of the

8

elected office shall become effective at the beginning of the

9

next term of the controller.

10

Section 1063.  General Powers and Duties of Controller.--The

11

borough controller, shall [superintend] manage the fiscal

12

affairs of the borough. [He] The controller shall examine,

13

audit, and settle all accounts [whatsoever] in which the borough

14

is concerned either as debtor or creditor, where provision for

15

the settlement [thereof] is made by law[; and, where no such].

16

Where no provision or an insufficient provision has been made,

17

[he] the controller shall examine [such] the accounts and report

18

to the borough council the relevant facts [relating thereto with

19

his] and opinion [thereon] on the accounts.

20

In the examination, audit, and settlement of accounts, the

21

controller shall have all of the powers and perform all of the

22

duties vested in and imposed on the auditors by this act. [He] A

23

person guilty of swearing or affirming falsely before the

24

controller shall be guilty of perjury. The controller shall make

25

and file an annual report of [his] the audit, and make and

26

publish the annual financial report in the same form and manner

27

and at the same time as in this act required of the auditors of

28

the borough.

29

The borough controller shall have supervision and control of

30

the accounts of all departments, bureaus, and officers of the

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1

borough, authorized to collect, receive, or disburse the public

2

moneys, or who are charged with the management or custody

3

[thereof. He] of the accounts. The controller shall audit their

4

respective accounts, and may at any time require from any of

5

them a statement in writing of any moneys or property of the

6

borough in their possession, or under their control, showing the

7

amount of cash on hand and the amount deposited in banks and

8

banking institutions together with the names of [such] the 

9

institutions. [He] The controller shall have power to examine

10

every [such] account of a borough officer in any bank or banking

11

institution to verify the accuracy of the statement of [such]

12

the borough, department, bureau or officer and it shall be the

13

duty of every [such] department, bureau or officer, and [it

14

shall be the duty] of every [such] bank and banking institution,

15

its officers and agents, to furnish full information to the

16

controller in relation to [such] the account. No banker or

17

banking institution, its officers or agents, shall be subject to

18

prosecution under other laws of this Commonwealth for disclosing

19

[any such] information with respect to [any such] an account.

20

[He] The controller shall, immediately upon the discovery of any

21

default, irregularity, or delinquency, report the same to the

22

borough council. [He] The controller shall also audit and report

23

upon the accounts of [any such] an officer upon the death,

24

resignation, removal, or expiration of the term of the [said]

25

officer.

26

Section 98.  Section 1064 of the act is repealed:

27

[Section 1064.  Controller May Require Attendance of

28

Witnesses; Penalty.--In the making of any audit or settlement,

29

and in the authentication of any account or claim or demand

30

against the borough, the controller shall have the same power

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1

and authority to obtain the attendance before him of parties and

2

witnesses, and the production of books and papers, and to

3

administer oaths and affirmations, as are given by law to the

4

borough auditors. All persons guilty of swearing or affirming

5

falsely before him shall be liable to indictment and punishment

6

for perjury.]

7

Section 99.  Sections 1065, 1066, 1067 and 1068 of the act

8

are amended to read:

9

Section 1065.  Controller to Countersign Warrants.--The

10

borough controller shall countersign all warrants upon the

11

borough treasurer, with the form [thereof] of the warrant to be

12

prescribed by council, but no warrant shall be countersigned

13

unless there is money in the treasury to pay the same. Whenever

14

a warrant on the treasurer shall be presented to the controller

15

to be countersigned, the person presenting the same shall, if

16

the controller requires, produce evidence:

17

(1)  That the amount expressed in the warrant is due to the

18

person in whose favor it is drawn.

19

(2)  That the supplies or service, for payment of which the

20

warrant is drawn, have been furnished or performed according to

21

law and the terms of the contract.

22

Section 1066.  Controller to Prevent Appropriation

23

Overdrafts.--The borough controller shall not permit any

24

appropriation made by the council to be overdrawn. Whenever an

25

appropriation is exhausted, the object of which is not complete,

26

[he] the controller shall immediately report the fact to the

27

council, and accompany [such] the report with a statement of the

28

moneys which have been drawn on [such] the appropriation and the

29

particular purpose for which they are drawn.

30

Section 1067.  Amount of Contracts to be Charged Against

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1

Appropriations.--[Every] A contract involving appropriation of

2

money shall designate the item of appropriation on which it is

3

founded, and the estimated amount of the expenditure

4

[thereunder] shall be charged against [such] the item, and [so]

5

certified by the borough controller on the contract, before it

6

shall take effect as a contract, and the payment required by

7

[such] the contract shall be made from the fund appropriated

8

[therefor]. If the controller shall certify [any] a contract in

9

excess of the appropriation made [therefor], the borough shall

10

not be liable for [such] the excess, but the controller and

11

[his] the controller's sureties shall be liable for the same,

12

which may be recovered in an action at law by the aggrieved

13

contracting party [aggrieved]. It shall be the duty of the

14

controller to certify contracts for the payment of which

15

sufficient appropriations have been made.

16

Section 1068.  Controller's Recommendations on Borough

17

Finances.--The borough controller shall, as often as [he] the

18

controller may deem expedient or the council shall direct,

19

suggest plans to the council for the management and improvement

20

of the borough finances.

21

Section 100.  Sections 1069 and 1070 of the act are reenacted

22

to read:

23

Section 1069.  Books to be Kept by Controller.--The borough

24

controller shall keep a regular set of books, in which shall be

25

opened and kept as many accounts, under appropriate titles, as

26

may be necessary to show separately and distinctly all the

27

estates and property, whatsoever, real and personal, vested in

28

the borough, all trusts in the care of the same, all debts due

29

and owing the borough, all receipts and expenditures of the

30

various departments of the borough government, and all

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1

appropriations made by council and the sums under the same,

2

respectively.

3

Section 1070.  Appeals from Controller's Report.--Appeals may

4

be taken from the settlement and audit of the controller as

5

shown in the controller's report to the court of common pleas of

6

the county, by the same persons, in the same manner, within the

7

same time, subject to the same conditions and procedure, and

8

with like effect in every respect, as in this act provided in

9

the cases of appeals from the settlement and audit of the

10

auditors as shown in their report.

11

Section 101.  Section 1071 of the act is amended to read:

12

Section 1071.  Acceptance by Ordinance.--The foregoing

13

provisions of subdivision (d) [of this article] shall not become

14

operative or effective in any borough not having a controller,

15

until the borough shall, by ordinance, accept the provisions of

16

subdivision (d) [of this article]. When any borough accepts the

17

provisions of subdivision (d) [of this article], the court of

18

[quarter sessions] common pleas, upon petition of council, shall

19

appoint a controller to hold office until the first Monday of

20

January, next succeeding the next municipal election at which a

21

controller [may] shall be elected under the provisions of this

22

act.

23

In all boroughs accepting the provisions of subdivision (d)

24

[of this article], the borough auditors then in office, or the

25

appointed auditor serving as [such] borough auditor, shall

26

continue to hold their office until the first day of January

27

succeeding the election of a borough controller, after which

28

date the office of borough auditor shall be abolished.

29

A borough may discontinue the office of controller and either

30

reestablish the office of elected auditors, or the position of

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1

appointed auditor, by repealing the ordinance under which the

2

office of controller was created. In any such case, the

3

controller in office at the time of [such] the repeal shall

4

continue in [such] office until the end of [his] the

5

controller's term.

6

Section 102.  Article X subdivision (e) heading and section

7

1081 of the act are repealed:

8

[(e)  Assessors

9

Section 1081.  Powers of Assessors.--The assessors shall have

10

all the powers, perform all the duties, be subject to all the

11

obligations, and receive the same compensation as is now

12

provided by law.]

13

Section 103.  Article X subdivision (f) heading of the act is

14

reenacted to read:

15

(f)  Tax Collector

16

Section 104.  Section 1086 of the act, amended October 9,

17

1967 (P.L.399, No.181), is amended to read:

18

Section 1086.  Powers and Duties of Tax Collector.--The tax

19

collector shall be the collector of all State, county, borough,

20

school, institution district and other taxes, levied within the

21

borough by the authorities empowered to levy taxes[, but he].

22

The tax collector shall not collect any tax levied and imposed

23

under the act of December 31, 1965 [(P.L.1257),] (P.L.1257,

24

No.511), known as "The Local Tax Enabling Act," unless the

25

ordinance imposing [such] the tax shall provide that [he] the

26

tax collector shall be the collector of the [said] tax. [He] No

27

ordinance, however, may authorize the collection of income taxes

28

in a manner other than that provided in Chapter 5 of "The Local

29

Tax Enabling Act." The tax collector shall, in addition to the

30

powers, authority, duties and responsibilities provided for by

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1

this act, have all the powers, perform all the duties, and be

2

subject to all the obligations and responsibilities, for the

3

collection of [such] taxes, as are now vested in, conferred

4

upon, or imposed upon tax collectors by law.

5

Section 105.  The act is amended by adding an article to

6

read:

7

ARTICLE X-A

8

MAYOR

9

Section 1001-A.  Eligibility of mayor.

10

No mayor may hold any other borough office or appointment

11

during the term for which the mayor is elected, except as is

12

permitted under section 1104. The mayor shall be eligible to

13

succeed himself. The mayor shall not be a member of council, nor

14

shall the mayor preside over or vote at any meeting of council,

15

except as provided in section 1003.

16

Section 1002-A.  Incompatible offices.

17

No member of Congress or any person holding any office or

18

appointment of profit or trust under the Government of the

19

United States, or any person holding the office of magisterial

20

district judge may at the same time be capable of holding the

21

office of mayor.

22

Section 1003-A.  Oath of mayor.

23

The mayor, before exercising the duties of office, shall take

24

and subscribe an oath or affirmation of office under 53 Pa.C.S.

25

§ 1141 (relating to form of oaths of office). The oath or

26

affirmation may be taken before a judge or magisterial district

27

judge of the county or a notary public and shall be filed with

28

the borough secretary and be preserved among the records of the

29

borough for a period of six years.

30

Section 1004-A.  Salary of mayor.

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1

(a)  General rule.--The salary of the mayor shall be

2

established by ordinance and shall not exceed the following:

3

(1)  In boroughs with a population of less than 5,000, a

4

maximum of $2,500 a year.

5

(2)  In boroughs with a population of 5,000 or more but

6

less than 10,000, a maximum of $5,000 a year.

7

(3)  In boroughs with a population of 10,000 or more but

8

less than 15,000, a maximum of $7,500 a year.

9

(4)  In boroughs with a population in excess of 15,000, a

10

maximum of $500 per year per 1,000 population or fraction

11

thereof, the population to be determined by the latest

12

official census figures.

13

Benefits provided to the mayor under section 1202(26) shall

14

not be considered pay, salary or compensation, but payment

15

for all or a part of the premiums or charges for the benefits

16

shall be in accordance with section 1202(26).

17

(b)  Change in salary.--A change in salary, compensation or

18

emoluments of the elected office shall become effective at the

19

beginning of the next term of the mayor.

20

Section 1005-A.  Salaried mayor not to receive certain fees.

21

(a)  General rule.--Except as provided in subsection (b), any

22

salary paid pursuant to an ordinance shall be in lieu of all

23

costs and fees allowed by a mayor. Costs and fees shall be

24

collected by the mayor and turned into the borough treasury.

25

(b)  Marriage ceremony fees.--Nothing in this act shall be

26

construed to prevent a mayor from receiving a monetary fee for

27

the performance of a marriage ceremony in this Commonwealth

28

provided the fee does not exceed $150 for each ceremony

29

performed. Prior to performing these ceremonies, the mayor shall

30

notify council in writing of the mayor's intention to perform

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1

marriage ceremonies. The notification shall remain in effect for

2

the term of the mayor or until such time as the notification is

3

rescinded by the mayor. The mayor shall keep accurate accounts

4

of the fees received relating to the performance of marriage

5

ceremonies and provide council each quarter with a report of

6

moneys received for that period. The quarterly report shall

7

include the amount of money received, the names of persons from

8

whom money was received along with the date and the location of

9

the performed ceremony and shall be considered a public record.

10

The receipt of a fee under this subsection shall not be

11

considered a violation of 65 Pa.C.S. Ch. 11 (relating to ethics

12

standards and financial disclosure) and shall not be considered

13

compensation under this act.

14

Section 1006-A.  General powers of mayor.

15

(a)  Oaths and affirmations.--The mayor shall have power to

16

administer oaths and affirmations in matters pertaining to

17

borough affairs.

18

(b)  Other powers.--In addition to the power granted to

19

mayors by 35 Pa.C.S. Pt. V (relating to emergency management

20

services) and in order to enable the mayor to effectually

21

preserve the public peace within the borough, the mayor shall

22

have the power to prevent and suppress mobs, riots and unlawful

23

and tumultuous assemblies. In the event that a state of

24

emergency exists, a mayor shall have the authority to request

25

aid and assistance from law enforcement officers and agencies

26

from a neighboring municipality. In response to a request of a

27

mayor made in accordance with this subsection, a municipal

28

police officer shall, within the borough from which the request

29

was made, have the power and authority to enforce the laws of

30

this Commonwealth or otherwise perform the functions of that

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1

office as if enforcing those laws or performing those functions

2

within the territorial limits of his or her primary

3

jurisdiction, subject to the limitations and conditions set

4

forth in 42 Pa.C.S. § 8953(b), (c), (d) and (e) (relating to

5

Statewide municipal police jurisdiction). When the mayor

6

considers that a state of emergency exists, the mayor may issue

7

a proclamation, which shall be in writing and posted in one or

8

more conspicuous places and the contents of which shall be made

9

available to all news media, declaring a state of emergency for

10

a period not to exceed seven days, unless sooner rescinded,

11

modified or ratified or extended by resolution of council. The

12

mayor may prohibit in the proclamation, for all or part of the

13

borough:

14

(1)  Any person being on the public streets or in the public

15

parks or at any other public place during the hours declared by

16

the mayor to be a period of curfew.

17

(2)  The entry or departure of persons into or from any

18

restricted area.

19

(3)  The sale, purchase or dispensing of any commodities or

20

goods, as designated by the mayor.

21

(4)  The transportation, possession or use of gasoline,

22

kerosene or other combustible, flammable or explosive liquids or

23

materials, except in connection with the normal operation of

24

motor vehicles, normal home use or legitimate commercial use.

25

(5)  Any other activities as the mayor reasonably believes

26

should be prohibited to help preserve life, health, property or

27

the public peace.

28

The proclamation shall describe the specific restricted area

29

with particularity and shall specify the hours when restrictions

30

are to be in effect.

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1

A person violating the proclamation of emergency shall be guilty

2

of a summary offense and shall, upon conviction, be sentenced to

3

pay a fine not to exceed $300 and costs or to imprisonment not

4

to exceed 30 days.

5

Section 1007-A.  Duties of mayor.

6

It shall be the duty of the mayor:

7

(1)  To preserve order in the borough, to enforce the

8

ordinances and regulations, to remove nuisances, to exact a

9

faithful performance of the duties of the officers appointed

10

and to perform any other duties as shall be vested in the

11

mayor's office by law or ordinance.

12

(2)  Except as provided in section 1006(4), to sign

13

papers, contracts, obligations and documents as may be

14

required by law.

15

(3)  To collect any costs and fees received and to pay

16

the money into the treasury, except as provided in section

17

1005-A(b), to report to the council from time to time on the

18

state of the borough and to make recommendations to the

19

council on matters of borough concern. The borough shall

20

furnish the mayor with the necessary dockets, books, forms

21

and files as are necessary for the conduct of the mayor's

22

office, and which shall be and remain the property of the

23

borough and shall be surrendered to the mayor's successor in

24

office.

25

Section 1008-A.  When president or vice-president of council to

26

act as mayor.

27

When the mayor is absent or incapacitated or there is a

28

vacancy in the office, the duties of the office shall be

29

discharged by the president of council, or in the absence or

30

incapacity of the president of council or where there is a

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1

vacancy in the office, by the vice-president of council. While

2

discharging the duties of mayor, the president or vice-president

3

of council shall be entitled to the same salary as the mayor

4

would receive and, during the time the salary is paid to the

5

president or vice-president of council as acting mayor, the

6

mayor shall not be paid compensation. The president or vice-

7

president of council, while acting as mayor, shall have power to

8

veto a proposed ordinance or to break a tie, but shall not have

9

power to vote as a member of council.

10

Section 106.  Article XI and subdivision (a) headings of the

11

act are reenacted to read:

12

ARTICLE XI

13

POWERS, DUTIES AND RIGHTS OF APPOINTED

14

OFFICERS AND EMPLOYES

15

(a)  General Provisions

16

Section 107.  Section 1101 of the act is amended to read:

17

Section 1101.  Compensation; Hours and Days of Work; Outside

18

Employment.--Appointed officers and employes of the borough

19

shall receive [such] compensation for their services as the

20

council shall prescribe, and council may also establish the

21

hours and days of work and may restrict the outside employment

22

of borough employes or any class or category thereof.

23

Section 108.  Section 1102 of the act is reenacted to read:

24

Section 1102.  Accounts.--All officers and employes appointed

25

by the borough council shall, whenever directed, render their

26

accounts to the council for settlement.

27

Section 109.  Section 1103 of the act, amended October 25,

28

1967 (P.L.484, No.230), is amended to read:

29

Section 1103.  Bonds.--Whenever an appointed officer or

30

employe of any borough, is required by law or by action of

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1

council to give bond, for the faithful performance of his

2

duties, the borough may pay the premium [thereon] on the bond.

3

All bonds required to be given by borough officials or employes

4

shall be with a surety company authorized by law to act as

5

surety. The borough shall pay a proportionate share of the cost

6

of the bond of an appointed tax collector in the same ratio as

7

provided in section 804 for elected tax collectors.

8

Section 110.  Section 1104 of the act, amended June 25, 2001

9

(P.L.651, No.56), is amended to read:

10

Section 1104.  Appointments; Incompatible Offices.--(a)  

11

Unless there is incompatibility in fact, any elective or

12

appointive officer of the borough shall be eligible to serve on

13

any board, commission, bureau or other agency created by or for

14

the borough, or any borough office created or authorized by

15

statute and may accept appointments thereunder, but no mayor or

16

member of council shall receive compensation therefor.

17

(b)  No elected borough official of a borough with a

<--

18

population of 3,000 or more may serve as an employe of that

19

borough.

20

[No] (b)  The following apply to employment:

<--

21

(1)  Except as set forth in paragraph (2), no elected borough

22

official of a borough with a population of 3,000 or more may

23

serve as an employee of that borough.

24

(2)  This subsection shall not apply to a borough official

25

serving as an employe of that borough prior to the certification

26

of a decennial census which indicates an increase in the

27

population of that borough to 3,000 or more.  

28

(c)  Where there is no incompatibility in fact, and subject

29

to [the foregoing provisions] subsection (a) as to compensation,

30

appointees of council may hold two or more appointive borough

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1

offices, but no mayor or member of council may serve as borough

2

manager [or], as secretary or treasurer, or as a borough police

<--

3

officer.

4

(d)  No person holding the office of [justice of the peace]

5

magisterial district judge may at the same time hold [the office

6

of borough treasurer] any elected or appointed borough office.

7

(e)  The offices of secretary and treasurer may be held by

8

the same person when [so] authorized by ordinance.

9

(f)  A police officer or firefighter may not hold an elective

<--

10

office of the borough that employs the police officer or

11

firefighter. A police officer or firefighter who is employed by

12

a regional department, council of government or other

13

cooperative venture may not hold an elective office of any

14

municipality that participates in the regional department,

15

council of government or other cooperative venture.

16

(f) (g)  Nothing [herein] contained in this section shall

<--

17

affect the eligibility of any borough official to hold any other

18

public office or receive compensation therefor. All appointments

<--

19

to be

20

(h)  All appointments to be made by the council [or the

<--

21

corporate authorities] shall be made by a majority of the

22

members of council [attending the meeting at which the

23

appointment is made], unless a different vote is required by

24

statute.

25

Section 111.  Section 1105 of the act, amended December 16,

26

1992 (P.L.1215, No.158), is amended to read:

27

Section 1105.  Compensation to Aged Employes.--[By ordinance

28

a] A borough may provide, by ordinance, for compensation to

29

appointees and employes of not less than ten years of

30

satisfactory service, and who are not less than sixty years of

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1

age, upon termination of active employment with the borough a

2

proportion of the compensation last paid to them but not in

3

excess of fifty percent thereof, including benefits received

4

under the social security act, if any, as fixed in [said] the 

5

ordinance or amendment thereto. Any arrangement to provide post-

6

retirement compensation to aged appointees and employes pursuant

7

to this section shall be a pension plan within the meaning of

8

that term pursuant to the act of December 18, 1984 (P.L.1005,

9

No.205), known as the "Municipal Pension Plan Funding Standard

10

and Recovery Act," and the borough establishing that plan shall

11

provide funding of that pension plan in an amount sufficient to

12

meet the minimum obligation of the municipality with respect to

13

the pension plan pursuant to that act. The expenditures herein

14

authorized shall be paid out of the general tax levy for the

15

current expenditures of the year, and not by any special tax

16

therefor. Nothing [herein] in this section shall preclude any

17

appointee or employe of the borough from joining in any pension

18

system or municipal retirement system that the borough may

19

adopt. [The true intent and purpose hereof is to permit

20

boroughs, without exceeding the present general tax limitation,

21

to pay to servants in their employ who are too old to

22

advantageously join any pensioning or retirement system, a

23

reasonable annuity in lieu of joining a pensioning or retirement

24

system.]

25

Section 112.  Section 1105.1, added July 15, 2004 (P.L.710,

26

No.79), is reenacted to read:

27

Section 1105.1.  Retirement Benefits of Employes Transferred

28

to Wastewater Authorities--(a)  (1)  An employe of a wastewater

29

authority created by a borough and one or more townships

30

pursuant to 53 Pa.C.S. Ch. 56 (relating to municipal

- 161 -

 


1

authorities) that commenced operations after December 1, 2001,

2

who satisfies the requirements of paragraph (2) and has past

3

service credits under the borough retirement plan may file a

4

written election with the borough council and the wastewater

5

authority to be a member of the borough retirement system. The

6

qualified employe shall file the written election within one

7

year after the effective date of this section.

8

(2)  In order to qualify for the option under paragraph (1),

9

the employe must satisfy both of the following requirements:

10

(i)  Immediately prior to the date of transfer of employment

11

to the wastewater authority, be an employe of the borough that,

12

together with one or more townships, established the wastewater

13

authority.

14

(ii)  Be an active member of the borough's retirement system

15

on the date that the employe's employment was transferred to the

16

wastewater authority.

17

(3)  For an employe who files an election under paragraph

18

(1), the affected wastewater authority shall:

19

(i)  Deduct from the employe's salary an amount equal to the

20

employe contribution that would have been deducted had the

21

employe continued to be a borough employe and shall pay the

22

deducted amount to the borough's retirement fund.

23

(ii)  Pay to the borough's retirement fund an employer

24

contribution equal to the employer normal cost plus anticipated

25

administrative expenses and amortization payments less general

26

municipal pension system State aid expressed as a percentage of

27

the system's total payroll as calculated by the borough pursuant

28

to the act of December 18, 1984 (P.L.1005, No.205), known as the

29

"Municipal Pension Plan Funding Standard and Recovery Act," and

30

applied to the payroll of the employe.

- 162 -

 


1

(b)  All employes who elect to be members of the borough

2

retirement system under this section shall be treated as borough

3

employes in determining the borough's annual allocation of

4

general municipal pension system State aid pursuant to section

5

402(e) of the "Municipal Pension Plan Funding Standard and

6

Recovery Act," and the annual allocation of general municipal

7

pension system State aid pursuant to section 402(e) of the

8

"Municipal Pension Plan Funding Standard and Recovery Act" shall

9

be payable to the borough.

10

Section 113.  Article XI subdivision (b) heading of the act

11

is reenacted to read:

12

(b)  Treasurer

13

Section 114.  Sections 1106 and 1107 of the act are amended

14

to read:

15

Section 1106.  Bond and Duties.--(a)  The borough treasurer

16

shall, before entering upon the duties of [his] office, give

17

bond in an amount determined by council, conditioned for the

18

faithful performance of [his] the treasurer's duties. [He shall

19

keep a just account of all receipts and disbursements, and shall

20

annually submit his account to the borough auditors or

21

controller; he shall pay over all moneys remaining in his hands

22

and deliver all books, papers, accounts, and other things

23

belonging to the borough, to his successor. All moneys received

24

by any officer, or other person, for the use of the borough

25

shall be forthwith paid to the borough treasurer. He shall

26

deposit all moneys received by him in a bank or banking

27

institution in the name of the borough. All expenditures shall

28

be paid out of funds in the treasury only when authorized by the

29

treasurer, upon an order signed by the president of council and

30

the borough secretary and also by the borough controller, if

- 163 -

 


1

any. Such order shall not be executed unless there is money in

2

the treasury available therefor.]

3

(b)  The treasurer shall:

4

(1)  Receive all moneys due the borough and deposit them

5

promptly in a designated depository in the name of the borough.

6

(2)  Keep distinct and accurate accounts of all sums received

7

from taxes and other sources, which accounts shall be open to

8

the inspection of borough council and any citizen of this

9

Commonwealth.

10

(3)  Pay out all moneys only on direction by the borough

11

council, upon an order signed by the president of council and

12

the borough secretary, and also by the borough controller, if

13

any. The order shall not be executed unless there is money in

14

the treasury available. Nothing in this act may preclude the use

15

of electronic signatures and transactions to the extent

16

authorized by the act of December 16, 1999 (P.L.971, No.69),

17

known as the "Electronic Transactions Act," or any other law.

18

(4)  Annually submit the accounts to the elected auditors,

19

independent auditor or controller for settlement.

20

(5)  Preserve the account books, papers, documents and other

21

records of the office and turn them over to the successor in

22

office.

23

(c)  All moneys received by any officer or other person for

24

the use of the borough shall be paid to the borough treasurer.

25

Section 1107.  Assistant Treasurer.--Any borough council may,

26

by resolution, appoint an assistant treasurer, who shall not be

27

a member of the council. Council may appoint the assistant

28

treasurer as the assistant secretary provided that the assistant

29

treasurer is not a member of council. The assistant treasurer

30

shall assist the treasurer in the performance of [his] the

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1

treasurer's duties, and, in case of absence or disability of the

2

treasurer, shall perform the duties and may exercise the powers

3

of the treasurer.

4

Section 115.  Article XI subdivision (c) heading of the act

5

is reenacted to read:

6

(c)  Secretary

7

Section 116.  Sections 1111, 1112 and 1113 of the act are

8

amended to read:

9

Section 1111.  Duties.--(a)  The secretary shall attend all

10

meetings of the borough council and shall keep full minutes of

11

its proceedings[; he shall transcribe the bylaws, rules,

12

regulations and ordinances adopted into a book kept for that

13

purpose; he shall preserve the records and documents of the

14

borough, and shall have custody of the corporate seal. He shall

15

certify copies of any book, paper, record, bylaw, rule,

16

regulation, resolution, ordinance or proceeding of the borough,

17

under the seal thereof which copies, when so certified, shall be

18

admissible in evidence in any court of the Commonwealth. He

19

shall attest the execution of all instruments, record all

20

ordinances and attest the same by his signature. He shall file

21

of record proof of service of all notices required by law, and

22

his certificate thereof shall be good evidence of such notice.

23

The borough shall furnish the secretary with such dockets,

24

books, forms and files as are necessary for the conduct of his

25

office, such dockets, books, forms and files to be and remain

26

the property of the borough. He shall deliver to his successor

27

the seal and all books, papers and other records and things

28

belonging to the borough].

29

(b)  The secretary shall:

30

(1)  Record or transcribe the bylaws, rules, regulations, 

<--

- 165 -

 


1

resolutions and ordinances of the borough in accordance with

2

section 1009.

3

(2)  Preserve the records and documents of the borough, and

4

shall have custody of the corporate seal, and shall deliver to

5

the secretary's successor the seal and all books, papers and

6

other records and things belonging to the borough.

7

(3)  Certify copies of any book, paper, record, bylaw, rule,

8

regulation, resolution, ordinance or proceeding of the borough,

9

under the seal of the borough which copies, when certified,

10

shall be admissible in evidence in any court of the

11

Commonwealth.

12

(4)  Attest the execution of all instruments, record all

13

ordinances and attest the same by the secretary's signature, and

14

file of record proof of service of all notices required by law,

15

and the secretary's certificate shall be good evidence of

16

notice.

17

(5)  Inform council, and the public as required by 65 Pa.C.S.

<--

18

Ch. 7 (relating to open meetings), of all borough meetings,

19

including special meetings of council.

20

(c)  The borough shall furnish the secretary with the

21

necessary dockets, books, forms and files as are necessary for

22

the conduct of the office, and which shall be and remain the

23

property of the borough.

24

Section 1112.  Assistant Secretary.--Every borough council

25

may, by resolution, appoint an assistant secretary [who shall,

26

in the absence or disability of the secretary, perform the

27

duties and exercise the powers of the secretary]. The assistant

28

secretary shall assist the secretary in the performance of the

29

secretary's duties, and, in case of absence or disability of the

30

secretary, shall perform the duties and may exercise the powers

- 166 -

 


1

of the secretary. The assistant secretary may be appointed from

2

the membership of the borough council, but shall not be any

3

other officer thereof. Council may appoint the assistant

4

secretary as the assistant treasurer provided that the assistant

5

secretary is not a member of council.

6

Section 1113.  Records Open to Inspection.--The fiscal

7

records and documents and the minute book and other records and

8

documents of every borough shall be open [to the inspection of

<--

9

any taxpayer thereto[, at any reasonable time.] in accordance

<--

10

with the act of February 14, 2008 (P.L.6, No.3), known as the

11

"Right-to-Know Law."

12

Section 117.  Article XI subdivision (d) heading of the act

13

is reenacted to read:

14

(d)  Solicitor

15

Section 118.  Section 1116 of the act is amended to read:

16

Section 1116.  Solicitor to Have Control of Legal Matters.--

17

The legal matters of the borough shall be under the control of

18

the borough solicitor, and no department or officer of the

19

borough, except as [herein] otherwise provided by law, shall

20

employ an additional counsel without the assent or ratification

21

of the council. The borough solicitor shall be licensed to

22

practice law in this Commonwealth and may be one person or a law

23

firm, partnership, association or professional corporation. The

24

borough solicitor serves at the pleasure of council. In the

25

absence of the solicitor, the law firm of which [he] the

26

solicitor is a member or associate may perform any of the duties

27

or functions of the solicitor.

28

Section 119.  Section 1117 of the act, amended July 1, 1992

29

(P.L.344, No.71), is amended to read:

30

Section 1117.  Duties of Solicitor; Outside Counsel.--(a)  

- 167 -

 


1

The borough solicitor[, when directed or requested so to do by

2

council or the mayor, shall prepare or approve such bonds,

3

obligations, contracts, leases, conveyances, ordinances and

4

assurances to which the borough or any department thereof may be

5

a party; he shall commence and prosecute all actions brought by

6

the borough for or on account of any of the estates, rights,

7

trusts, privileges, claims, or demands, as well as defend all

8

actions or suits against the borough, or any officer thereof,

9

wherein or whereby any of the estates, rights, privileges,

10

trusts, ordinances, or accounts, of the borough, or any

11

department thereof, may be brought in question before any court

12

in the Commonwealth; and shall do every professional act

13

incident to the office which he may be authorized or required to

14

do by the council or the mayor. He shall, whenever required,

15

furnish the council, or committees thereof, the mayor, or the

16

head of department, with his opinion in writing upon any

17

question of law which may be submitted by any of them in their

18

official capacities.] shall:

19

(1)  Prepare or approve, when directed or requested to do so

20

by council or the mayor, any bonds, obligations, contracts,

21

leases, conveyances, ordinances and assurances to which the

22

borough or any department of the borough may be a party.

23

(2)  Commence and prosecute all actions brought by the

24

borough for or on account of any of the estates, rights, trusts,

25

privileges, claims or demands of the borough, as well as defend

26

the borough or any borough officer against all actions or suits

27

brought against the borough or borough officer in which any of

28

the estates, rights, privileges, trusts, ordinances or accounts

29

of the borough may be brought in question before any court in

30

this Commonwealth.

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1

(3)  Furnish the council or committees of the council, the

2

mayor or the head of a department, upon request, with an opinion

3

in writing upon any question of law which may be submitted by

4

any of them in their official capacities.

5

(4)  Perform every other professional act incident to the

6

office which the borough solicitor may be authorized or required

7

to do by the council or the mayor.

8

(b)  In the case of a legal dispute between the mayor and

9

council, or in any other case where representation of the mayor

10

and council by the borough solicitor would create a conflict of

11

interest for the borough solicitor, the mayor is authorized to

12

employ outside counsel at borough expense, not to exceed [two

13

thousand five hundred dollars ($2,500)] four thousand dollars

14

($4,000) in any twelve-month period, to perform necessary legal

15

services.

16

Section 120.  Section 1118 of the act is amended to read:

17

Section 1118.  Assistant Solicitor.--Every borough council

18

may, by resolution, appoint an assistant solicitor who shall

19

assist the solicitor in the performance of the solicitor's

20

duties and, in the absence or disability of the solicitor,

21

perform the duties and exercise the powers of the solicitor.

22

Section 121.  Article XI subdivision (e) heading of the act

23

is reenacted to read:

24

(e)  Police

25

Section 122.  Sections 1121, 1122 and 1123 of the act are

26

amended to read:

27

Section 1121.  [Appointment, Suspension, Reduction,

28

Discharge, Powers; Mayor to Have Control.--Borough council may,

29

subject to the civil service provisions of this act, if they be

30

in effect at the time, appoint and remove, or suspend, or reduce

- 169 -

 


1

in rank, one or more suitable persons, citizens of the United

2

States of America, as borough policemen, who shall be ex officio

3

constables of the borough, and shall and may, within the borough

4

or upon property owned or controlled by the borough or by a

5

municipal authority of the borough whether such property is

6

within or outside the limits of the borough, without warrant and

7

upon view, arrest, and commit for hearing any and all persons

8

guilty of breach of the peace, vagrancy, riotous or disorderly

9

conduct or drunkenness, or who may be engaged in the commission

10

of any unlawful act tending to imperil the personal security or

11

endanger the property of the citizens, or for violating any

12

ordinance of the borough for the violation of which a fine or

13

penalty is imposed, and notwithstanding any statute pertaining

14

to the same or similar offenses. Any person so arrested shall be

15

received for confinement by the keepers of the jails, lockups,

16

or station houses within the county.

17

The borough council may designate one of said policemen as

18

chief of police. The mayor of the borough shall have full charge

19

and control of the chief of police and the police force, and he

20

shall direct the time during which, the place where and the

21

manner in which, the chief of police and the police force shall

22

perform their duties, except that council shall fix and

23

determine the total weekly hours of employment that shall apply

24

to the policemen.

25

Policemen shall have authority to serve and execute all

26

criminal process for the violation of borough ordinances which

27

may be issued by the mayor, and shall charge the same fees and

28

costs as constables of the borough, but such fees and costs

29

shall be collected by the mayor and by him paid into the borough

30

treasury.

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1

The borough may, by ordinance establish a police department

2

consisting of chief, captain, lieutenant, sergeants, or any

3

other classification desired by the council, and council may,

4

subject to the civil service provisions of this act, if they be

5

in effect at the time, designate the individuals assigned to

6

each office, but the mayor shall continue to direct the manner

7

in which the persons assigned to the office shall perform their

8

duties. The mayor may, however, delegate to the chief of police

9

or other officers supervision over and instruction to

10

subordinate officers in the manner of performing their duties.

11

The mayor may appoint special policemen during an emergency in

12

which the safety and welfare of the borough and the public is

13

endangered and auxiliary policemen may be appointed as provided

14

by general law.

15

The borough council may assign the chief of police or any

16

member of the police force to undergo a course of training at

17

any training school for policemen established and made available

18

by the State or Federal government, and may provide for the

19

payment by the borough of his expenses while in attendance in

20

such school.] Council's Powers; Police.--(a)  Council may, by

21

ordinance, establish a police department. If council has

22

established a police department, the following shall apply:

23

(1)  Council may appoint police officers, subject to the

24

civil service provisions of this act if the provisions are in

25

effect at the time of the appointment.

26

(2)  Council shall have the power to remove, suspend or

27

reduce in rank any police officer:

28

(i)  in accordance with the act of June 15, 1951 (P.L.586,

29

No.144), entitled "An act regulating the suspension, removal,

30

furloughing and reinstatement of police officers in boroughs and

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1

townships of the first class having police forces of less than

2

three members, and in townships of the second class"; or

3

(ii)  subject to the civil service provisions of this act if

4

the provisions are applicable to the police officer at the time

5

of the removal, suspension or reduction in rank.

6

(3)  Council shall designate the ranks in the police

7

department, duties of each rank, and may designate one of the

8

police officers as chief of police.

9

(4)  Council may assign any member of the police department

10

to attend training classes offered by the Federal or State

11

government and may pay the police officer's expenses while

12

attending the school.

13

(b)  Each borough police officer shall have those powers and

14

abilities as are granted to police officers under the laws of

15

this Commonwealth or the rules of the Supreme Court or the

16

ordinances of the borough for which a fine or penalty is imposed

17

unless otherwise excepted in this act.

18

(c)  In any case in which a borough has [heretofore]

19

previously appointed [policemen] police officers or established

20

a police department by action of council but not [by or]

21

pursuant to an ordinance regularly enacted, [such] the action

22

shall be deemed to have been a valid exercise of the legislative

23

power of the borough [for all purposes the same as though an

24

ordinance had been enacted], and all [policemen] police officers 

25

appointed [thereunder] shall occupy the same status and shall

26

have the same rights and privileges as in the case of

27

[policemen] police officers appointed under authority of an

28

ordinance.

29

(d)  No police officer may engage in political activity while

<--

30

on duty or on borough-owned property participate in any

<--

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1

political or election campaign while on duty or in uniform or

2

while using borough property otherwise than to exercise the

3

officer's right of suffrage.

4

Section 1122.  Police Serving Under Cooperative Agreement or

5

Contract.--Whenever any borough shall have entered into a

6

cooperative agreement or contract with any [near or adjacent

7

city, borough, or township] municipal corporation, regional

8

police force or other governmental entity created by two or more

9

municipal corporations pursuant to 53 Pa.C.S. Ch. 23 Subch. A

10

(relating to intergovernmental cooperation), for the furnishing

11

or receiving of police protection, as authorized by clause (35)

12

of section 1202 [of this act, such policemen, individually], the

13

police force of the municipal corporation, regional police force

14

or other governmental entity furnishing the police protection 

15

shall be appointed and accepted as [policemen] the police force 

16

of the borough receiving [such] the police service by resolution

17

of the borough council [of the said borough. Policemen]. Police

18

officers of the police force of a municipal corporation,

19

regional police force or other governmental entity so appointed

20

shall, however, in so far as civil service and pensions are

21

concerned, be deemed to be appointees and employes only of the

22

[municipality or township] municipal corporation, regional

23

police force or other governmental entity furnishing their

24

service and making the original appointment [thereof].

25

Section 1123.  Police Badge.--The borough [policemen] police

26

officers shall, when on duty, wear a shield or badge with the

27

word "Police."

28

Section 123.  The act is amended by adding a section to read:

29

Section 1123.1.  Mayor's Powers; Police.--(a)  The mayor

30

shall have full charge and control of the chief of police and

<--

- 173 -

 


1

the police force.

2

(b)  The mayor shall direct the time during which, the place

3

where and the manner in which the chief of police and the police

4

force perform the duties of their rank.

5

(c)  The mayor may delegate to the chief of police or other

6

officer supervision over and instruction to subordinate officers

7

in the manner of performing their duties.

8

(d)  The mayor may appoint special police during an emergency

<--

9

in which the safety and welfare of the borough and the public is

10

endangered.

11

(d) (e)  The mayor may activate auxiliary police in

<--

12

accordance with general law, and notwithstanding any other

13

provision of law, the mayor may also activate auxiliary police

14

for purposes of crowd and traffic control for limited periods

15

during events where, in the mayor's discretion, public safety is

16

promoted by the activation of the auxiliary police.

17

Section 124.  Section 1124 of the act, amended June 15, 1977

18

(P.L.9, No.7), is amended to read:

19

Section 1124.  Suspension by Mayor.--In addition to the

20

powers of council to suspend [policemen] police officers, the

21

mayor may, for cause and without pay, suspend any [policemen]

22

police officers until the succeeding regular meeting of the

23

council, at which time or [thereafter] later the council may,

24

subject to the civil service provisions of this act, if they be

25

in effect at the time, suspend, discharge, reduce in rank or

26

reinstate with pay, [such policemen: Provided, however, That a

27

policeman] the police officers. A police officer suspended by

28

the mayor may not be reinstated by council at a date earlier

29

than ten working days from the date fixed by the mayor for the

30

suspension to commence. In any case where the council has

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1

reinstated a [policeman] police officer, after having been

2

suspended by the mayor, the mayor shall not thereafter suspend

3

[such policeman] the police officer for reasons arising from the

4

same act for which the first suspension was made, or for reasons

5

that the council, in reinstating [such policeman] the police

6

officer, shall have determined not to be grounds for suspension.

7

Section 125.  Section 1125 of the act is amended to read:

8

Section 1125.  Compensation.--The borough police and special

9

[policemen] police appointed by the mayor shall receive [such]

10

compensation as shall be fixed by the borough council.

11

Section 126.  Section 1127 of the act, amended June 22, 2000

12

(P.L.325, No.34), is amended to read:

13

Section 1127.  School Crossing Guards.--(a)  Upon request of

14

the board of school directors of the school district in which a

15

borough is wholly or partially located, the borough council may

16

appoint school crossing guards who shall have the duty of

17

controlling and directing traffic and pedestrians at or near

18

schools and who shall be in suitable and distinctive uniform.

19

While on duty, these crossing guards shall be under and subject

20

to the direction of the mayor. They shall serve at the pleasure

21

of the borough council, except as noted in subsection (b), and

22

shall not come within the civil service provisions of this act

23

and shall not be entitled to participate in any borough pension

24

plan or plans now in effect or hereafter effective. The

25

compensation of the school crossing guards, if any, shall be

26

fixed by the borough council and shall be jointly paid by the

27

borough council and the board of school directors, in a ratio to

28

be determined by the borough council and board of school

29

directors. If the borough council and board of school directors

30

are unable to determine the ratio of compensation of the

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1

crossing guards to be paid by the council and the board, each

2

shall pay one-half of the compensation of [such] the crossing

3

guards. [Auxiliary policemen] Notwithstanding any other

4

provision of law, auxiliary police officers, appointed as

5

prescribed by general law, may be designated to serve as

6

crossing guards.

7

(b)  The borough council may [approve] enact an ordinance

8

allowing a board of school directors to assume hiring and

9

oversight of school crossing guards. Before the borough council

10

may [approve such an] enact the ordinance, the board of

11

directors of the school district shall [approve] adopt a

12

resolution requesting the authority to assume the hiring and

13

oversight of school crossing guards. The ordinance enacted by

14

the borough council shall outline how the police department will

15

provide any necessary training and assistance of the school

16

crossing guards while on duty. [Such] The school crossing guards

17

shall be authorized only in the management of traffic and

18

pedestrians in and around areas identified by the police

19

department and the school district superintendent or his or her

20

designees. The school crossing guards shall not come within the

21

civil service provisions of this act, nor shall they fall under

22

the bargaining unit of the school district nor be considered an

23

employe as defined under section 1101-A of the act of March 10,

24

1949 (P.L.30, No.14), known as the "Public School Code of 1949,"

25

or a school employee as defined under 24 Pa.C.S. § 8102 

26

(relating to definitions), or under any plans hereafter

27

effective. [Once] After the ordinance [receives approval] is

28

enacted by the borough council, the school district shall assume

29

the cost of compensation, including fixing [such] compensation,

30

if any, of the school crossing guards. [Auxiliary policemen]

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1

Notwithstanding any other provision of law, auxiliary police

2

officers, appointed as prescribed by general law, may be hired

3

by the school district to serve as school crossing guards. The

4

board of school directors shall notify the borough council of

5

those hired to serve as school crossing guards and request the

6

necessary training or assistance be provided as outlined by the

7

ordinance.

8

Section 127.  Article XI subdivision (f) heading of the act

9

is reenacted to read:

10

(f)  Police Pension Fund in Boroughs Having a Police Force

11

of Less Than Three Members

12

Section 128.  Sections 1131 and 1132 of the act are amended

13

to read:

14

Section 1131.  Police Pension Fund.--(a)  Where a police

15

force of less than three full-time members is being maintained,

16

the borough may, unless there is a private organization or

17

association constituting and managing an existing pension fund

18

for the members of the police force in [such] the borough, by

19

ordinance, [provide for the purchase of annuity contracts for

20

the payment of pensions, or] establish a police pension fund

21

into which each member of the police force shall pay an equal

22

and proportionate monthly charge to be withheld from the pay of

23

[such] the member.

24

(b)  In lieu of establishing a pension fund in accordance

25

with subsection (a), the borough may, by ordinance, provide

26

investment or insurance instruments for the purpose of the

27

payment of pensions or annuities to the members of the police

28

force who receive honorable discharge by reason of age or

29

disability and the families of police officers injured or killed

30

in service.

- 177 -

 


1

(c)  All pension funds or investment or insurance instruments 

2

established under the provisions of this section shall be under

3

the direction of the borough council, or [such] a committee as

4

it may designate, and shall be applied under [such] regulations

5

as the council may by ordinance prescribe for the benefit of

6

[such] the members of the police force as shall receive

7

honorable discharge therefrom by reason of age or disability and

8

the families of [such as] members of the police force that may

9

be injured or killed in the service. Council shall appoint, by

10

resolution, a chief administrative officer who shall have the

11

primary responsibility for the execution of the administrative

12

affairs of the pension plan, subject to the direction of

13

council. Any allowances made to those who are retired by reason

14

of disability or age shall be in conformity with a uniform

15

scale.

16

(d)  The ordinance establishing the police pension fund shall

17

prescribe a minimum period of total service, a minimum age, or

18

both, after which members of the force may be eligible for

19

retirement from active duty. Borough police officers so retired

<--

20

shall be subject to service as police reserve, until unfit for

21

service by reason of age or disability, when they may be finally

22

discharged.

23

(e)  Payments made on account of police pensions shall be a

24

charge on no fund in the treasury of the borough, or under its

25

control, other than the police pension fund.

26

(f)  A borough establishing a police pension fund by

27

ordinance pursuant to this section shall provide, from any

28

available borough revenue source, funding of that police pension

29

fund in an amount sufficient to meet the minimum obligation of

30

the borough with respect to the pension fund pursuant to the act

- 178 -

 


1

of December 18, 1984 (P.L.1005, No.205), known as the "Municipal

2

Pension Plan Funding Standard and Recovery Act."

3

(g)  A borough may take, by gift, grant, devise or bequest,

4

any money or property real, personal or mixed, in trust for the

5

benefit of the police pension fund. The care, management,

6

investment and disposal of the trust funds or property shall be

7

vested in the officers as the borough shall direct by ordinance

8

and shall be governed by the officers, subject to any directions

9

not inconsistent with the ordinance as the donors of the funds

10

and property may prescribe.

11

(h)  No person participating in the police pension fund and

12

becoming entitled to receive a benefit from the fund may be

13

deprived of the person's right to an equal and proportionate

14

share of the fund upon the basis upon which the person first

15

became entitled to the benefit.

16

(i) The act of May 29, 1956 (1955 P.L.1804, No.600), referred

17

to as the "Municipal Police Pension Law," and the act of

<--

18

February 1, 1974 (P.L.34, No.15), known as the "Pennsylvania

19

Municipal Retirement Law," shall govern any borough police

20

pension fund not established under the provisions of this

21

section.

22

Section 1132.  Private Police Pension Funds; Optional

23

Transfers.--(a)  Where there is a private organization or

24

association constituting and managing an existing pension fund

25

for the members of the police force in any borough, [such] the 

26

borough shall establish a police pension for the purpose of

27

paying pensions to the members of its police force, if the

28

membership of [such] the organization or association, by a two-

29

thirds vote, elects to transfer its funds with all its assets

30

and liabilities into a borough pension fund, as required to be

- 179 -

 


1

established by this act.

2

(b)  [Whenever such a private organization or association

3

managing an existing police pension fund for the members of the

4

police force in any borough elects, by a two-thirds vote, to

5

transfer its funds into a borough pension fund, as required to

6

be established by this act, all the assets and liabilities of

7

such existing fund, shall be transferred. Such] The transfer in

8

subsection (a) may be made by the transfer of securities. After

9

[such] the transfer, the borough police pension fund shall

10

assume the liability of continuing the payment of pensions to

11

members of the police force retired prior to [such] the 

12

transfer, in accordance with the laws and regulations under

13

which [such] the members were retired.

14

Section 129.  Section 1133 of the act, amended May 31, 1984

15

(P.L.362, No.72), is repealed:

16

[Section 1133.  Service Required Before Retirement.--The

17

ordinance establishing the police pension fund shall prescribe a

18

minimum period of total service, and/or a minimum age after

19

which members of the force may be eligible for retirement from

20

active duty. Borough policemen so retired shall be subject to

21

service as police reserve, until unfitted for such service by

22

reason of age or disability, when they may be finally

23

discharged.]

24

Section 130.  Section 1134 of the act, amended December 16,

25

1992 (P.L.1215, No.158), is repealed:

26

[Section 1134.  Pensions Not to be Charged on Other Funds;

27

Pension Plan Funding.--(a)  Payments made on account of police

28

pensions shall be a charge on no fund in the treasury of the

29

borough, or under its control, other than the police pension

30

fund.

- 180 -

 


1

(b)  The borough establishing a police pension fund by

2

ordinance pursuant to this act shall provide, from any available

3

borough revenue source, funding of that police pension fund in

4

an amount sufficient to meet the minimum obligation of the

5

municipality with respect to the pension fund pursuant to the

6

act of December 18, 1984 (P.L.1005, No.205), known as the

7

"Municipal Pension Plan Funding Standard and Recovery Act."]

8

Section 131.  Sections 1135, 1136 and 1137 of the act are

9

repealed:

10

[Section 1135.  Gifts to Pension Fund.--Borough may take, by

11

gift, grant, devise, or bequest, any money or property real,

12

personal, or mixed, in trust for the benefit of such police

13

pension fund. The care, management, investment and disposal of

14

such trust funds or property shall be vested in such offices as

15

the borough shall by ordinance direct, and shall be governed by

16

such officers, subject to any directions not inconsistent

17

therewith as the donors of such funds and property may

18

prescribe.

19

Section 1136.  Rights of Members.--No person participating in

20

such police pension fund and becoming entitled to receive a

21

benefit therefrom, shall be deprived of his right to an equal

22

and proportionate share therein, upon the basis upon which he

23

first became entitled thereto.

24

Section 1137.  Annuity Contracts in Lieu of Establishing a

25

Police Pension Fund.--Boroughs may provide annuity contracts for

26

the purpose of paying pension or annuities to the members of the

27

police force who receive honorable discharge therefrom by reason

28

of age or disability and the families of such as may be injured

29

or killed in service.]

30

Section 132.  Article XI subdivision (g) of the act is

- 181 -

 


1

reenacted to read:

2

(g)  Borough Manager

3

Section 133.  Sections 1141 and 1142 of the act, amended July

<--

4

7, 2011 (P.L.267, No.54), are amended to read:

5

Section 1141.  Borough Manager May be Created by Ordinance;

<--

6

Election.--The council of any borough may, at its discretion at

7

any time, create by ordinance the office of borough manager and

8

may in like manner abolish the same. While [said] the office

9

exists, the council shall, from time to time, and whenever there

10

is a vacancy, elect, by a vote of a majority of all the members,

11

one person to fill [said] the office[, subject to removal by the

12

council at any time by a vote of the majority of all the

13

members]. The borough manager shall serve at the pleasure of

14

council, subject to contractual rights that may arise under an

15

employment agreement that may be entered into in acordance with

16

section 1142.

17

Section 1142.  Powers and Duties; Bond.--The powers and

18

duties of the borough manager shall be regulated by ordinance.

19

Council may enter into an employment agreement with the borough

20

manager. The employment agreement may set forth the terms and

21

conditions of employment, and the agreement may provide that it

22

shall remain in effect for a specified period terminating no

23

later than two years after the effective date of the agreement

24

or the date of the organizational meeting of council following

25

the next municipal election, whichever shall first occur. An

26

employment agreement entered into pursuant to this section may

27

specify conditions under which a borough manager would be

28

entitled to severance compensation, but in no event shall an

29

employment agreement guarantee employment through the term of

30

the agreement or confer upon the borough manager any legal

- 182 -

 


1

remedy based on specific performance. The council, by ordinance,

<--

2

may delegate, subject to recall, any of the nonlegislative and

3

nonjudicial powers and duties of the council, the planning

4

commission and the shade tree commission, to the borough

5

manager. With approval of borough council, the mayor may

6

delegate to the borough manager any of [his] the mayor's

7

nonlegislative and nonjudicial powers and duties.

8

Section 1141.  Borough Manager May be Created by Ordinance;

<--

9

Election.--The council of any borough may, at its discretion at

10

any time, create by ordinance the office of borough manager and

11

may in like manner abolish the same. While [said] the office

12

exists, the council shall, from time to time, and whenever there

13

is a vacancy, elect, by a vote of a majority of all the members,

14

one person to fill [said] the office. The borough manager shall

15

serve at the pleasure of council, subject to contractual rights

16

that may arise under an employment agreement that may be entered

17

in accordance with section 1142.

18

Section 1142.  Powers and Duties[; Bond].--The powers and

19

duties of the borough manager shall be regulated by ordinance.

20

Council may enter into an employment agreement with the borough

21

manager. The employment agreement may set forth the terms and

22

conditions of employment, and the agreement may provide that it

23

shall remain in effect for a specified period terminating no

24

later than two years after the effective date of the agreement

25

or the date of the [organization] organizational meeting of

26

council following the next municipal election, whichever shall

27

first occur. An employment agreement entered into pursuant to

28

this section may specify conditions under which a borough

29

manager would be entitled to severance compensation, but in no

30

event shall an employment agreement guarantee employment through

- 183 -

 


1

the term of the agreement or confer upon the borough manager any

2

legal remedy based on specific performance. Any employment

3

agreement with a borough manager executed on or after a

4

municipal election but before the first meeting in January the

5

year after the municipal election shall be void. The council, by

6

ordinance, may delegate, subject to recall, any of the

7

nonlegislative and nonjudicial powers and duties of the council,

8

the planning commission and the shade tree commission, to the

9

borough manager. With approval of borough council, the mayor may

10

delegate to the borough manager any of [his] the mayor's 

11

nonlegislative and nonjudicial powers and duties.

12

Section 133.1.  Section 1143 of the act is reenacted to read:

13

Section 1143.  Other Offices Not Incompatible.--The offices

14

of borough manager, street commissioner, secretary, treasurer

15

and chief of police, shall not be incompatible, and any two or

16

more or all of the said offices may be held by one person.

17

Neither the mayor nor any member of the borough council shall be

18

eligible to hold the office of borough manager.

19

Section 134.  Article XI subdivision (h) and (i) headings and

20

sections 1161, 1162, 1163, 1164, 1165, 1166, 1167 and 1168 of

21

the act are repealed:

22

[(h)  Borough Planning Commission

23

(i)  Mine and Quarry Inspection and Surface Support

24

Section 1161.  Ordinance Creating.--Any borough may, by

25

ordinance, provide for and regulate mine and quarry inspection

26

and surface support.

27

Section 1162.  Engineer and Other Personnel.--In any such

28

borough an engineer, to be appointed by the council, and such

29

assistants, clerks and employes as the council may provide, to

30

receive such compensation as may be prescribed by council, may

- 184 -

 


1

be appointed to supervise and administer the work of mine and

2

quarry inspection and surface support.

3

Section 1163.  Inspection.--Any such engineer, or assistant

4

or other employes may enter, inspect, examine and survey any

5

mine, colliery or quarry within the limits of the borough, at

6

all reasonable times, either by day or night, but not so as to

7

impede or obstruct the workings of such colliery or quarry; and

8

may be accompanied by such other persons as may be necessary for

9

the purpose of making an examination or survey. The owner,

10

operator, or superintendent of such mine, colliery or quarry,

11

shall furnish the means necessary for such entry, inspection,

12

examination, survey and exit.

13

Section 1164.  Maps and Drawings.--The owner, operator, or

14

superintendent of every mine, colliery or quarry, within three

15

months after the passage of an ordinance by any borough

16

regulating mine or quarry inspection and surface support, shall

17

make or cause to be made and furnish to the borough such map,

18

plans and/or drawings of the workings, excavations and surface

19

support as the council may require. In the case of coal mines

20

and collieries, the map or plan shall exhibit the workings or

21

excavations in every seam of coal on a separate sheet, and the

22

tunnels and passages connecting with such workings or

23

excavations. It shall show in degrees the general inclination of

24

the strata, with any material deflection therein in the workings

25

or excavations, and shall also show the tidal elevations of the

26

bottom of every shaft, slope, tunnel and gangway, and of any

27

other point in the mine or on the surface where such elevation

28

shall be deemed necessary by the bureau. The map or plan shall

29

show the number of the last survey on the gangways or the most

30

advanced workings.

- 185 -

 


1

Section 1165.  Extensions to be Placed on Maps.--Every owner,

2

operator, or superintendent, of a mine, colliery or quarry,

3

shall place or cause to be placed upon the pertinent map, at

4

least once in every three months, all the extensions made in any

5

mine or quarry, within the limits of such borough during the

6

three preceding months, except those made within thirty days

7

immediately preceding the time of placing such extensions upon

8

the said map or drawing.

9

Section 1166.  Certain Surface Supports Not to be Removed.--

10

It shall be unlawful for any person, copartnership, association,

11

or corporation to dig, mine, remove, or carry away the coal,

12

rock, earth, or other minerals or materials forming the natural

13

support of the surface beneath the highways, streets and public

14

places of any borough to such an extent and in such a manner as

15

thereby to remove the necessary support of the surface, without

16

having first placed or constructed an artificial permanent

17

support sufficient to uphold and preserve the stability of the

18

surfaces of such highways, streets, and public places.

19

Section 1167.  Penalty.--Any person being the general

20

manager, superintendent, or person in charge of the work of any

21

corporation, copartnership, or association, violating any of the

22

provisions of this subdivision, shall be guilty of a

23

misdemeanor, and upon conviction thereof shall be sentenced, for

24

such offense, to pay a fine not exceeding one thousand dollars

25

($1000) or to undergo imprisonment in the county jail for a

26

period not exceeding ninety days, or both. All fines imposed

27

under this section shall be paid into the treasury of the

28

borough.

29

Section 1168.  Enactment of Ordinances.--Borough councils may

30

enact such ordinances as may be necessary for the enforcement of

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1

the provisions of this subdivision.]

2

Section 135.  Article XI subdivision (j) heading of the act

3

is amended to read:

4

(j)  Civil Service for Police and [Firemen]

5

Fire Apparatus Operators

6

Section 136.  Section 1171 of the act, amended October 4,

7

1978 (P.L.1000, No.210), is amended to read:

8

Section 1171.  Appointments of Police and [Firemen] Fire

9

Apparatus Operators.--(a)  This subdivision [(j) of this

<--

10

article] shall not apply to any borough having a police force of

11

less than three members or to those having three or more members

12

if those members in excess of two are appointed on a temporary

13

basis through a Federally funded program or to volunteer fire

14

departments or companies employing their own operators, or to

15

boroughs having less than three salaried operators of fire

16

apparatus. This subdivision [(j) of this article] is subject [as

17

heretofore] to the power of council to determine compensation.

18

[Hereafter each and every] Every full-time appointment to and

<--

19

promotion in the police force or as fire apparatus operators

20

paid directly by the borough in every borough shall be made only

21

according to qualifications and fitness, to be ascertained by

22

examinations which shall be competitive as hereinafter provided.

23

No person shall [hereafter] be suspended, removed or reduced

24

in rank as a paid employe in any police force or as a paid

25

operator of fire apparatus of any borough, except in accordance

26

with the provisions of this subdivision. However, nothing in

27

this subdivision [(j)] shall apply to retirement nor shall

28

anything herein prevent any borough from adopting a compulsory

29

retirement age for its employes or for any class or classes

30

thereof and from retiring all [such] employes automatically when

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1

they reach such age.

2

(b)  For purposes of determining whether a borough is subject

<--

3

to the provisions of this subdivision, the term "members" shall

4

include part-time and full-time officers within the police

5

force.

6

(c)  The provisions of this subdivision shall not apply to

7

any member of the department who shall work part-time for the

8

police force. A part-time employe shall be a member of the

9

police force who regularly works less than thirty-seven hours

10

per week, except in the case of emergency in which case a part-

11

time member may work in excess of thirty-seven hours per week.

12

(d)  "Police force" as used in this subdivision shall mean

13

the members of a police force organized and operating as

14

prescribed by law who devote working hours to police duty or

15

duty in connection with the department, agencies and services

16

connected with police protection work, and who are paid a stated

17

salary or compensation for the work by the borough, but shall

18

not include:

19

(1)  Special police appointed by the mayor to act in

20

emergencies.

21

(2)  Persons appointed solely for parking meter enforcement

22

duties.

23

(3)  School crossing guards.

24

(4)  Extra police serving from time to time or on an hourly

25

or daily basis, without a regularly established full-time or

26

part-time schedule.

27

(5)  Auxiliary police officer appointed under the act of

28

January 14, 1952 (1951 P.L.2016, No.561), entitled "An act

29

providing for supplementing the police forces of cities,

30

boroughs, towns and townships, for the appointment, powers and

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1

control of auxiliary police therein, and for the transfer during

2

disasters and emergencies of such auxiliary police, members of

3

the regular police forces, and police equipment thereof."

4

(e)  "Fire apparatus operator" as used in this subdivision

5

shall mean a person who operates fire apparatus and devotes

6

normal working hours to operating any piece of fire apparatus or

7

other services connected with fire protection work and who is

8

paid a salary or compensation for work done by the borough.

9

Section 137.  Sections 1172, 1173, 1174, 1175, 1176, 1177,

10

1178 and 1179 of the act are amended to read:

11

Section 1172.  Civil Service Commission Created;

12

Appointments; Vacancies; Oath; Compensation.--(a)  There is

13

hereby created in each borough, where a police force or paid

14

fire apparatus operators as hereinbefore provided are being

15

maintained, a civil service commission hereinafter referred to

16

as the commission. The commission shall consist of three

17

commissioners who shall be qualified electors of the borough and

18

shall be appointed by the borough council initially to serve for

19

the terms of two, four and six years, and as terms thereafter

20

expire shall be appointed for terms of six years.

21

Any vacancy occurring in any commission for any reason

22

whatsoever shall be filled by the borough council for the

23

unexpired term within the period of thirty days after [such] the 

24

vacancy occurs.

25

(b)  Borough council may appoint no more than three qualified

26

electors of the borough to serve as alternate members of the

27

commission. The term of office of the alternate members shall be

28

six years. When seated pursuant to section 1174, an alternate

29

shall be entitled to participate in all proceedings and

30

discussions of the commission to the same and full extent as

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1

provided by law for commission members, including specifically

2

the right to cast a vote as a voting member during the

3

proceedings, and shall have all the powers and duties set forth

4

in this act and as otherwise provided by law. Alternates shall

5

hold no other office in the borough. An alternate may

6

participate in any proceeding or discussion of the commission

7

but shall not be entitled to vote as a member of the commission

8

unless designated as a voting alternate member pursuant to

9

section 1174.

10

(c)  Each member of the commission created by this

11

subdivision, before entering upon the discharge of the duties of

12

[his] office, shall take an oath or affirmation [to support the

13

Constitution of the United States and of the Commonwealth of

14

Pennsylvania and to perform his official duties with fidelity,

15

together with such loyalty oath as is prescribed and required by

16

law] of office pursuant to 53 Pa.C.S. § 1141 (relating to form

17

of oaths of office). The civil service commissioners shall

18

receive no compensation.

19

Section 1173.  Offices Incompatible with Civil Service

20

Commissioner.--No commissioner shall at the same time hold an

21

elective or appointed office under the United States Government,

22

the Commonwealth of Pennsylvania or any political subdivision of

23

the Commonwealth, except that one member of the commission may

24

be a member of the [council of the] borough council and one may

25

be a member of the teaching profession.

26

Section 1174.  Organization of Commission; Quorum.--The

27

commission first appointed shall organize within ten days of its

28

appointment and shall elect one of its members as the [chairman]

29

chair and one as the secretary. The commission shall thereafter

30

meet and organize on the first Monday [of February] of each

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1

even-numbered year. [The secretary of the commission shall give

2

each commissioner twenty-four hours' notice] Each commissioner

3

shall be notified in writing of each and every meeting [of the

4

commission. Two]. Three members of the commission shall

5

constitute a quorum [and no action of the commission shall be

6

valid unless it shall have the concurrence of at least two

7

members]. If, by reason of absence or disqualification of a

8

member a quorum is not reached, the chair shall designate as

9

many alternate members of the commission to sit on the

10

commission as may be needed to provide a quorum. An alternate

11

member of the commission shall continue to serve on the

12

commission in all proceedings involving the matter or case for

13

which the alternate was initially designated until the

14

commission has made a final determination of the matter or case.

15

Designation of an alternate member pursuant to this section

16

shall be made on a case-by-case basis in rotation according to

17

declining seniority among the alternates. No action of the

18

commission may be valid unless it shall have the concurrence of

19

at least two members.

20

Section 1175.  Clerks and Supplies, Etc.; Solicitor.--The

21

borough shall furnish to the commission, on its requisition,

22

[such] clerical assistance [as] that may be necessary for the

23

work of the commission. The borough shall provide a suitable and

24

convenient room for the use of the commission. The commission

25

shall order from the borough the necessary stationery, postage,

26

printing and supplies[, and the]. The borough shall also provide

27

the services of a solicitor for the commission to be appointed

28

by the commission and paid by the borough. The borough shall

29

have the authority to place a reasonable limit on the amount

30

allowed each year for the services of the commission solicitor.

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1

The elected and appointed officials of every [such] borough

2

shall aid the commission in all proper ways in carrying out the

3

provisions of this subdivision relating to civil service.

4

Section 1176.  Rules and Regulations.--The commission shall

5

have power to prescribe, amend and enforce rules and regulations

6

for carrying into effect the provisions of this subdivision and

7

shall be governed thereby. Before [any such] the effective date

8

of the rules and regulations [are in force], or amendments

9

thereto, the same shall be first approved by [the] borough 

10

council [of the borough]. When [such] the rules and regulations,

11

or amendments, have been [so] approved, they shall not be

12

annulled, amended, or added to, without the approval of [the

13

said] council. All rules and regulations and modifications

14

[thereof] shall be made available by the boroughs for public

15

distribution or inspection.

16

Section 1177.  Minutes and Records.--The commission shall

17

keep minutes of its proceedings and records of examinations and

18

other official actions. All recommendations of applicants for

19

appointment received by the commission shall be kept and

20

preserved for a period of five years, and all [such] records and

21

all written causes of removal filed with the commission, except

22

as otherwise provided in section 1191 [of this act], shall be

23

open to public inspection and subject to reasonable regulation.

24

Section 1178.  Investigations.--The commission shall have

25

power to make investigations concerning all matters touching the

26

administration and enforcement of this subdivision and rules and

27

regulations adopted thereunder. The [chairman] chair of the

28

commission is hereby given power to administer oaths and

29

affirmations in connection with [such] the investigations.

30

Section 1179.  Subpoenas.--The commission shall have power to

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1

issue subpoenas over the signature of the [chairman] chair, to

2

require the attendance of witnesses and the production of

3

records and papers pertaining to any investigation or inquiry.

4

The fees of [such] witnesses for attendance and travel shall be

5

the same as for witnesses appearing in the courts and shall be

6

paid from appropriations for the incidental expenses of the

7

commission.

8

All officers in public service and employes shall attend and

9

testify when required to do so by the commission.

10

If any person shall refuse or neglect to obey any subpoena

11

issued by the commission, [he] the person shall upon conviction

12

thereof in a summary proceeding, be sentenced to pay a fine not

13

to exceed one hundred dollars ($100), and in default of the

14

payment of [such] the fine and costs, shall be imprisoned not to

15

exceed thirty days.

16

If any person shall refuse or neglect to obey any subpoena

17

issued by the commission, [it] the commission may apply by

18

petition to the court of common pleas of the county for its

19

subpoena, requiring the attendance of [such] persons before the

20

commission or the court there to testify and to produce any

21

records and papers necessary, and in default thereof, shall be

22

held in contempt of court.

23

Section 138.  Section 1180 of the act is reenacted to read:

24

Section 1180.  Annual Report.--The commission shall make an

25

annual report to the council containing a brief summary of its

26

work during the year, which shall be available for public

27

inspection.

28

Section 139.  Section 1181 of the act, amended October 27,

29

2010 (P.L.884, No.91), is amended to read:

30

Section 1181.  General Provisions Relating to Examinations.--

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1

(a)  The commission shall make rules and regulations, to be

2

approved as provided in section 1176 [hereof], providing for the

3

examination of applicants for positions in the police force and

4

as paid operators of fire apparatus and for promotions, which

5

rules and regulations shall prescribe the minimum qualifications

6

of all applicants to be examined and the passing grades. All

7

examinations for positions or promotions shall be practical in

8

character and shall relate to [such] matters and include [such]

9

inquiries as will fairly test the merit and fitness of the

10

persons examined to discharge the duties of the employment

11

sought by them. All examinations shall be open to all applicants

12

who have the minimum qualifications required by the rules and

13

regulations. Each applicant for an original position shall:

14

(1)  be subject to the regulations adopted by the commission;

15

(2)  either before or after the written examination, be

16

required to submit to a physical fitness or agility examination

17

that is job related and consistent with business necessity;

18

[and]

19

(3)  if made a conditional offer of employment, be given a

20

physical and psychological medical examination as provided in

21

section 1189 [of this act.]; and

22

(4)  be subject to a background investigation. Background

23

investigations may be restricted to those candidates on an

24

eligibility list or those to be certified to borough council for

25

appointment in accordance with section 1184.

26

(a.1)  Each applicant for promotion shall be subject to the

27

regulations adopted by the commission and to examination and

28

selection in accordance with section 1188. Physical fitness or

29

agility examinations that are job-related and consistent with

30

business necessity and physical and psychological medical

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1

examinations may be, but need not be, required for promotions.

2

(b)  Public notice of the time and place of every

3

examination, together with the information as to the kind of

4

position or place to be filled, shall be given by publication

5

once in a newspaper [of general circulation [in the borough], at

<--

6

least two weeks prior to each examination, and a copy of the

7

notice shall be prominently posted in the office of the

8

commission or other public place.

9

(c)  The commission shall post in its office the [eligible]

10

eligibility list, containing the names and grades of those who

11

have passed the examination.

12

Section 140.  Section 1182 of the act is amended to read:

13

Section 1182.  Application for Examination.--Each person

14

desiring to apply for examination shall file with the commission

15

a formal application in which the applicant shall [state]

16

provide, under oath or affirmation [(i) his full name and

17

residence or post office address, (ii) his citizenship, place

18

and date of birth, (iii) his condition of health and physical

19

capacity for public service, (iv) his business or employment and

20

his residence for the past five years, and (v) such] the

21

following information:

22

(1)  full name and residence or post office address;

23

(2)  citizenship, place and date of birth;

24

(3)  condition of health and physical capacity for public

25

service;

26

(4)  business or employment and his residence for the past

27

five years; and

28

(5)  other information as may be required by the commission's

29

rules and regulations, showing the applicant's qualifications

30

for the position for which [he] the applicant is being examined.

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1

Section 141.  Sections 1183 and 1184 of the act, amended

2

October 27, 2010 (P.L.884, No.91), are amended to read:

3

Section 1183.  Rejection of Applicant; Hearing.--(a)  The

4

commission may refuse to examine, or, if examined, may refuse to

5

certify after examination as eligible, any applicant who is

6

found to lack any of the minimum qualifications for examination

7

prescribed in the rules and regulations adopted for the position

8

or employment for which he has applied, or who is physically

9

unfit for the performance of the duties of the position to which

10

he seeks employment, or who is illegally using a controlled

11

substance, as defined in section 102 of the Controlled

12

Substances Act (Public Law 91-513, 21 U.S.C. § 802), or who has

13

been guilty of any crime involving moral turpitude, or of

14

infamous or notoriously disgraceful conduct, or who has been

15

dismissed from public service for delinquency or misconduct of

16

office, or who is affiliated with any group whose policies or

17

activities are subversive to the form of government set forth in

18

the constitutions and laws of the United States and

19

Pennsylvania.

20

(b)  If any applicant [or person is aggrieved by refusal of

21

the commission to examine or certify the applicant as eligible

22

after examination, the commission shall, at the request of the

23

applicant, within ten days, appoint a time and place for a

24

public hearing, with or without counsel, at which time] is

25

aggrieved by the refusal of the commission to certify the

26

applicant as eligible after examination, or a person is

27

aggrieved by refusal of the commission to examine the person,

28

the commission shall, at the request of the applicant or person

29

aggrieved, within ten days, appoint a time and place for a

30

public hearing. At the hearing, the applicant or person

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1

aggrieved may appear with or without counsel, and the commission

2

shall take testimony and review its refusal to provide 

3

examination or certification. The decision of the commission

4

shall be final.

5

Section 1184.  Eligibility List and Manner of Filling

6

Appointments.--(a)  At the completion of the testing process,

7

including any [background,] physical agility or other

8

examination, with the exception of any background investigation

9

to be conducted after the establishment of an eligibility list

10

and physical and psychological medical examination pursuant to

11

section 1189 [of this act], the commission shall rank the

12

candidates who have satisfied the minimum requirements for

13

appointment on an eligibility list. The eligibility list shall

14

contain the names of individuals eligible for appointment listed

15

from highest to lowest based on their scores on the examinations

16

administered by the commission and any points for which the

17

applicant was entitled by virtue of 51 Pa.C.S. Ch. 71 (relating

18

to veterans' preference). The eligibility list will be valid for

19

one year from the date the commission formally adopts the

20

eligibility list. Prior to expiration of the one-year period,

21

the commission may extend the validity of the eligibility list

22

for up to an additional twelve months by a majority vote of the

23

commission at a duly authorized commission meeting. In the

24

absence of a lawful extension by the commission, the list shall

25

expire.

26

(b)  Except as provided in subsection (c), every original

27

position or employment in the police force or as paid operators

28

of fire apparatus, except that of chief of police or chief of

29

the fire department, or equivalent, shall be filled only in the

30

following manner: the council shall notify the commission of any

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1

vacancy which is to be filled and shall request the

2

certification of an eligibility list. The commission shall

3

certify for each existing vacancy from the eligibility list, the

4

names of the three persons, or a lesser number where three are

5

not available, who have received the highest average. The

6

council shall make a conditional appointment from the three

7

names certified, based solely on the merits and fitness of the

8

candidates, unless borough council makes objections to the

9

commission regarding one or more of the certified persons for

10

any of the reasons stated in section 1183 [of this act]. Should

11

[such] the objections be sustained by the commission, as

12

provided in section 1183 [of this act], or if the conditional

13

appointee is determined to be unqualified in accordance with the

14

procedures set forth in section 1189 [of this act], the

15

commission shall strike the name of the person from the

16

eligibility list and certify the next highest name for each name

17

stricken from the eligibility list. As each subsequent vacancy

18

occurs in the same or another position precisely the same

19

procedure shall be followed.

20

(c)  Any vacancy in an existing position in the police force

21

or as a paid operator of fire apparatus which occurs as a result

22

of retirement, resignation, disability or death may be filled by

23

council by the reappointment or reinstatement of a former

24

employe of the police force or fire department who had

25

previously complied with the provisions of this section. No

26

examination, other than a physical examination as directed by

27

the civil service commission, shall be required in any case of

28

reappointment or reinstatement.

29

(d)  In the case of a vacancy in the office of chief of

30

police or chief of the fire department, or equivalent official,

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1

the appointive power may nominate a person to the commission. It

2

shall [thereupon] then become the duty of the commission to

3

subject the person to a non-competitive examination, and if the 

4

person shall be certified by the commission as qualified, he may

5

then be appointed to the position, and [thereafter] shall be

6

subject to all the provisions of this subdivision.

7

Section 142.  Section 1185 of the act, amended June 16, 1972

8

(P.L.439, No.132), is amended to read:

9

Section 1185.  Age, Applicant's Residence.--No person shall

10

be eligible to apply for examination unless [he] the person is

11

at least eighteen years of age at the date of application. An

12

applicant need not be a resident of the borough. The council of

13

the borough may authorize the commission, by rule or regulation,

14

to require [policemen and firemen] police officers and paid

15

operators of fire apparatus to become residents of the borough

16

after appointment to [such] the positions.

17

Section 143.  Section 1186 of the act, amended October 27,

18

2010 (P.L.884, No.91), is amended to read:

19

Section 1186.  Probationary Period.--All original

20

appointments to any position in the police force or as paid

21

operators of fire apparatus shall be for a probationary period

22

of not less than six months, and not more than one year, but

23

during the probationary period an appointee may be dismissed

24

only for a cause specified in section 1183 [of this act] or

25

because of incapacity for duty due to the use of alcohol or

26

drugs. If at the close of a probationary period the conduct or 

27

fitness of the probationer has not been satisfactory to the

28

council, the probationer shall be notified in writing that [he]

29

the probationer will not receive a permanent appointment, and

30

the appointment shall cease. If the probationer is not notified

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1

or dismissed in accordance with this section, [his] the

2

probationer's retention shall be equivalent to a permanent

3

appointment. The decision of a borough to suspend or discharge a

4

probationer shall be final and shall not be subject to the

5

hearing provisions of section 1191.

6

Section 144.  Section 1187 of the act is amended to read:

7

Section 1187.  Provisional Appointments.--Whenever there are

8

urgent reasons for the filling of a vacancy in any position in

9

the police force and there are no names on the [eligible]

10

eligibility list for [such] the appointment, the council may

11

nominate a person to the commission for noncompetitive

12

examination, and if [such] the nominee shall be certified by the

13

commission as qualified after [such] noncompetitive examination,

14

[he] the nominee may be appointed provisionally to fill [such]

15

the vacancy. [It shall thereupon become the duty of the

16

commissioner within three weeks to] Within three weeks of the

17

provisional appointment, the commission shall hold a competitive

18

examination and certify [a list of eligibles] an eligibility

19

list and a regular appointment shall then be made from the name

20

or names submitted by the commission[: Provided, That], provided

21

that nothing [herein contained] in this section shall prevent

22

the appointment, without examination, of persons, temporarily as

23

police officers in cases of riot or other emergency or as

24

operators of fire apparatus in emergency cases.

25

Section 145.  Section 1188 of the act, amended October 27,

26

2010 (P.L.884, No.91), is amended to read:

27

Section 1188.  Promotions.--Promotions shall be based on

28

merit to be ascertained by examinations to be prescribed by the

29

commission. All questions relative to promotions shall be

30

practical in character and [such as] will fairly test the merit

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1

and fitness of persons seeking promotion. Borough council shall

2

notify the commission of a vacancy in the police force or as a

3

paid operator of fire apparatus in the borough which is to be

4

filled by promotion and shall request the certification of an

5

eligibility list. The commission shall certify for each vacancy

6

the names of three persons on the eligibility list who have

7

received the highest average in the last preceding promotional

8

examination held within a period of two years preceding the date

9

of the request for the eligibility list. If three names are not

10

available, the commission shall certify the names remaining on

11

the eligibility list. The borough council shall make an

12

appointment from the names certified, based solely on the merits

13

and fitness of the candidate, unless council makes objections to

14

the commission regarding one or more of the persons so certified

15

for any reason provided under section 1183 [of this act].

16

The council shall have power to determine in each instance

17

whether an increase in salary shall constitute a promotion.

18

Section 145.1.  Section 1189 of the act, amended October 27,

19

2010 (P.L.884, No.91), is reenacted to read:

20

Section 1189.  Physical and Psychological Medical 

21

Examination.--(a)  An applicant selected from the eligibility

22

list shall receive a conditional offer of employment. The offer

23

of employment shall be conditioned upon the conditional

24

appointee undergoing a physical and psychological medical

25

examination and a determination that the conditional appointee

26

is capable of performing all the essential functions of the

27

position. Physical medical examinations shall be under the

28

direction of a physician or other qualified medical

29

professional. Psychological medical examinations shall be under

30

the direction of a psychiatrist or psychologist.

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1

(b)  The physician or other qualified medical professional

2

and the psychiatrist or psychologist shall be appointed by

3

council and shall render an opinion as to whether the

4

conditional appointee has a physical or mental condition which

5

calls into question the person's ability to perform all of the

6

essential functions of the position for which the person was

7

conditionally appointed.

8

(c)  If the opinion rendered by the physician, other

9

qualified medical professional, psychiatrist or psychologist 

10

calls into question the conditional appointee's ability to

11

perform all essential functions of a position, a person  

12

designated by council shall meet with the conditional appointee

13

for the purpose of having one or more interactive discussions  

14

on whether the conditional appointee can, with or without

15

reasonable accommodation, perform all the essential functions of

16

the position.

17

(d)  If, at the conclusion of the interactive discussion  

18

under subsection (c), council determines that the conditional

19

appointee is not qualified, council shall give written notice to

20

the conditional appointee and the commission.

21

(e)  Nothing in this act shall be construed to authorize 

22

physical or psychological medical examinations prior to

23

conditional appointment.

24

(f)  As used in this section, the following definitions shall

25

apply:

26

"Medical examination" shall mean any examination, procedure,

27

inquiry or test designed to obtain information about medical

28

history or a physical or mental condition which might disqualify

29

an applicant if it would prevent the applicant from performing,

30

with or without a reasonable accommodation, all of the essential

- 202 -

 


1

functions of the position.

2

"Physician" shall have the meaning given to it in 1 Pa.C.S. §

3

1991 (relating to definitions).

4

"Qualified medical professional" shall mean an individual, in

5

collaboration with or under the supervision or direction of a

6

physician, as may be required by law, who is licensed:

7

(1)  as a physician assistant pursuant to the act of December

8

20, 1985 (P.L.457, No.112), known as the "Medical Practice Act

9

of 1985," or the act of October 5, 1978 (P.L.1109, No.261),

10

known as the "Osteopathic Medical Practice Act"; or

11

(2)  as a certified registered nurse practitioner pursuant to

12

the act of May 22, 1951 (P.L.317, No.69), known as "The

13

Professional Nursing Law."

14

Section 146.  Section 1190 of the act, amended May 31, 1984

15

(P.L.362, No.72), is amended to read:

16

Section 1190.  Removals.--No person employed in any police or

17

fire force of any borough shall be suspended without pay,

18

removed or reduced in rank except for the following reasons:

19

(1)  Physical or mental disability affecting [his] the

20

person's ability to continue in service, in which cases the

21

person shall receive an honorable discharge from service.

22

(2)  Neglect or violation of any official duty.

23

(3)  Violation of any law which provided that [such] the 

24

violation constitutes a misdemeanor or felony.

25

(4)  Inefficiency, neglect, intemperance, immorality,

26

disobedience of orders, or conduct unbecoming an officer.

27

(5)  Intoxication while on duty.

28

(6)  Engaging or participating in conducting of any political

29

or election campaign while on duty or in uniform or while using

<--

30

borough property otherwise than to exercise [his] the person's 

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1

own right of suffrage.

2

(7)  Engaging or participating in the conduct of a political

<--

3

or election campaign for an incompatible office as provided in

4

section 1104(f).

5

A person so employed shall not be removed for religious,

6

racial or political reasons. A written statement of any charges

7

made against any person so employed shall be furnished to [such]

8

person within five days after the same are filed. The person so

9

employed shall have ten days from the date of receiving the

10

notice in which to submit a written request for a hearing to the

11

civil service commission under section 1191.

12

If for reasons of economy or other reasons it shall be deemed

13

necessary by any borough to reduce the number of paid employes

14

of the police or fire force, then [such] the borough shall

15

[apply the following procedure: (i) if there are any employes

16

eligible for retirement under the terms of any retirement or

17

pension law, if the party to be retired exceeds the maximum age

18

as defined in the act of October 27, 1955 (P.L.744, No.222),

19

known as the "Pennsylvania Human Relations Act," then such

20

reduction in numbers shall be made by retirement of such

21

employes, starting with the oldest employe and following in

22

order of age respectively, (ii) if the number of paid employes

23

in the police force or fire force eligible to retirement is

24

insufficient to effect the necessary reduction in numbers, or if

25

there are no persons eligible for retirement, or if no

26

retirement or pension fund exists, then the reduction shall be

27

effected by furloughing] furlough the person or persons,

28

including probationers, last appointed to the respective force.

29

[Such removal shall be accomplished by furloughing in numerical

<--

30

order commencing with the person last appointed until such

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1

reduction shall have been accomplished.] For purposes of this

<--

2

section, a borough shall not be obligated to first furlough

3

part-time employes of the police or fire force who were not

4

appointed through the civil service process prior to furloughing

5

civil service employes of the police or fire force. In the event

6

the said police force or fire force shall again be increased the

7

employes furloughed shall be reinstated in the order of their

8

seniority in the service. The provisions of this paragraph as to

9

reductions in force are not applicable to a chief of police.

10

Section 147.  Section 1191 of the act, repealed in part June

11

3, 1971 (P.L.118, No.6), is amended to read:

12

Section 1191.  Hearings on Dismissals and Reductions.--[If

13

the] (a)  The person suspended, removed or reduced in rank

14

[shall demand a hearing by the commission, the demand shall be

15

made to the commission. Such person] may make written answers to

16

any charges filed against [him] the person not later than the

17

day fixed for hearing. The commission shall grant [him] the

18

person a hearing which shall be held within a period of ten days

19

from the filing of charges in writing, unless continued by the

20

commission for cause at the request of the council or the

21

accused. Notwithstanding this provision, the failure of the

22

commission to hold a hearing within ten days from the filing of

23

the charges in writing shall not result in the dismissal of the

24

charges filed.

25

(b)  At any [such] hearing, the person against whom the

26

charges are made may be present in person and by counsel. The

27

council may suspend [any such] the person, without pay, pending

28

the determination of the charges against [him] the person, but

29

in the event the commission fails to uphold the charges, then

30

the person sought to be suspended, removed or [demoted] reduced

<--

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1

in rank shall be reinstated with full pay for the period during

2

which [he] the person was suspended, removed or [demoted] 

<--

3

reduced in rank, and no charges shall be officially recorded

4

against [his] the person's record. A stenographic record of all

5

testimony taken at [such] the hearings shall be filed with, and

6

preserved by, the commission, which record shall be sealed and

7

not be available for public inspection in the event the charges

8

are dismissed.

9

(c)  All parties concerned shall have immediate right of

10

appeal to the court of common pleas of the county, and the case

11

shall there be determined as the court deems proper. No order of

12

suspension made by the commission shall be for a longer period

13

than one year. [Such] The appeal shall be taken within [sixty]

14

thirty days from the date of entry by the commission of its

15

final order and shall be by petition. Upon [such] the appeal

16

being taken and docketed, the court of common pleas shall fix a

17

day for a hearing and shall proceed to hear the appeal on the

18

original record and [such] additional proof or testimony as the

19

parties concerned may desire to offer in evidence. The decision

20

of the court affirming or revising the decision of the

21

commission shall be final, and the employe shall be suspended,

22

discharged, [demoted] reduced in rank or reinstated in

<--

23

accordance with the order of court.

24

(d)  The council and the person sought to be suspended,

25

removed or [demoted] reduced in rank shall at all times have the

<--

26

right to employ counsel before the commission and upon appeal to

27

the court of common pleas. Unless otherwise directed by the

<--

28

commission in its discretion, the proceedings before the

29

commission pursuant to this section, including the deliberations

30

by the commission following the completion of the hearing, shall

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1

be held in executive session and shall not be open to the

2

public. Unless the council or the person sought to be suspended,

<--

3

removed or reduced in rank requests that the proceedings before

4

the commission be open to the public, the proceedings before the

5

commission pursuant to this section shall be held in the nature

6

of a closed executive session that shall not be open to the

7

public. Any such request shall be presented to the commission

8

before the civil service hearing commences. The deliberations of

9

the commission, including interim rulings on evidentiary or

10

procedural issues, may be held in private and shall not be

11

subject to a request for being open to the public, the council

12

or to the person sought to be suspended, removed or reduced in

13

rank. The commission's disposition of the disciplinary action

14

shall constitute official action which shall occur at a public

15

meeting held pursuant to 65 Pa.C.S. Ch. 7 (relating to open

16

meetings).

17

Section 148.  Sections 1192 and 1193 of the act are amended

18

to read:

19

Section 1192.  Employes Exempted.--All appointments in the

20

police or fire forces of boroughs, including the chief of police

21

or equivalent official, prior to the creation of a commission,

22

shall continue to hold their positions and shall not be required

23

to take any examination under the provisions of this

24

subdivision, except [such as] that which may be required for

25

promotion[: Provided, That], provided that this section shall

26

not be construed to apply to persons employed temporarily in

27

emergency cases.

28

Section 1193.  Discrimination on Account of Political or

29

Religious Affiliations.--No question in any form of application

30

for examination or in any examination shall be so framed as to

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1

elicit information concerning the political or religious

2

opinions or affiliations of any applicant, nor shall inquiry be

3

made concerning [such] the opinion or affiliations and all

4

disclosures [thereof] of opinion or affiliation shall be

5

[discountenanced] ignored.

6

No discrimination shall be exercised, threatened or promised

7

by any person against or in favor of any applicant or employe

8

because of political or religious opinions or affiliations or

9

race, and no offer or promise or reward, favor or benefit,

10

directly or indirectly, shall be made to or received by any

11

person for any act done or duty omitted or to be done under this

12

subdivision [of this article].

13

Section 149.  Section 1194 of the act, amended June 25, 2001

14

(P.L.651, No.56), is amended to read:

15

Section 1194.  Penalty.--Any member of council who, by [his]

16

vote, causes to be appointed any person to the police force or

17

as a fire apparatus operator contrary to the provisions of this

18

subdivision, or any member of council or member of the

19

commission who wilfully refuses to comply with, or conform to,

20

the provisions of [subdivision (j) of this article] this

21

subdivision, shall be deemed guilty of a misdemeanor, and upon

22

conviction [thereof], shall be sentenced to pay a fine not

23

exceeding one hundred dollars ($100), or suffer imprisonment not

24

exceeding [three months] ninety days, or both.

25

Section 150.  Section 1195 and Article XI subdivision (k)

<--

26

heading of the act are repealed of the act is reenacted to read:

<--

27

[Section 1195.  Police Force and Fire Apparatus Operators

<--

28

Defined.--Police force as used in subdivision (j) of this

29

article shall mean a police force organized and operating as

30

prescribed by law, the members of which devote their normal

- 208 -

 


1

working hours to police duty or duty in connection with the

2

bureau, agencies and services connected with police protection

3

work, and who are paid a stated salary or compensation for such

4

work by the borough. Police force as used in this subdivision

5

shall not include:

6

(1)  Any special police appointed by the mayor to act in

7

emergencies,

8

(2)  Any person appointed solely for parking meter

9

enforcement duties,

10

(3)  Any special school police,

11

(4)  Any extra police serving from time to time or on an

12

hourly or daily basis, or,

13

(5)  Any auxiliary policeman appointed under the act of

14

January 14, 1952 (P.L.2016).

15

Fire apparatus operators as used in this subdivision (j) of

16

this article shall mean any person who operates fire apparatus

17

and devotes his normal working hours to operating any piece of

18

fire apparatus or other services connected with fire protection

19

work, and who is paid a stated salary or compensation for such

20

work done by the borough.

21

Section 150.1.  Article XI subdivision (k) heading of the act

<--

22

is repealed:

23

[(k)  Independent Auditor]

<--

24

Section 151.  Section 1196 of the act, amended December 17,

25

1986 (P.L.1691, No.201), is repealed:

26

[Section 1196.  General Powers and Duties of Independent

27

Auditor.--(a)  The independent auditor shall annually examine,

28

audit and settle all accounts whatsoever in which the borough is

29

concerned and the audit shall consist of an examination in

30

accordance with generally accepted auditing standards and shall

- 209 -

 


1

include such tests of the accounting records and such other

2

auditing procedures as he considers necessary in the

3

circumstances.

4

(b)  The independent auditor shall audit the accounting

5

records of the borough for the fiscal year and shall prepare a

6

report on the examination which shall set forth:

7

(1)  The scope of his examination,

8

(2)  His opinion of the fairness of the presentation of the

9

financial statement of the borough which shall show a complete

10

statement of the financial condition of the borough, giving in

11

detail the actual indebtedness, the amount of the funded debt,

12

the amount of the floating debt thereof, the valuation of

13

taxable property therein, the assets of the borough with the

14

character and value thereof, and the date of maturity of the

15

respective forms of funded debt thereof, and

16

(3)  The amount of any balance or shortage or any expenditure

17

of any kind, or made in a manner, prohibited or not authorized

18

by a statute which came to his attention during the course of

19

his examination and which, in his opinion, causes a financial

20

loss to the borough which loss is material in relation to the

21

receipts and disbursements of the borough, and such amount shall

22

be a surcharge against any officer against whom such balance or

23

shortage shall appear.

24

(c)  The amount of any balance or shortage, or of any

25

expenditure of a kind, or made in a manner, prohibited or not

26

authorized by statute, which causes a financial loss to the

27

borough, shall be a surcharge against any officer against whom

28

such balance or shortage shall appear, or who by vote, act, or

29

neglect, has permitted or approved such expenditure, but no

30

elected or appointed official of a borough shall be surcharged

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1

for any act, error or omission in excess of the actual financial

2

loss sustained by the borough, and any surcharge shall take into

3

consideration as its basis the results of such act, error or

4

omission and the results had the procedure been strictly

5

according to law. The provisions hereof limiting the amount of

6

any surcharge shall not apply to cases involving fraud or

7

collusion on the part of officers, nor to any penalty enuring to

8

the benefit or payable to the Commonwealth.

9

(d)  In any matter involving any financial transaction, any

10

official knowingly and wilfully acting contrary to law, or,

11

knowingly and wilfully failing to act as required by law, is

12

guilty of a misdemeanor, and on conviction thereof, may be

13

sentenced to a fine not exceeding one hundred dollars ($100),

14

and his office may be forthwith declared vacant as may seem meet

15

and just to the court passing sentence.

16

(e)  It shall be the duty of the independent auditor:

17

(1)  To file a copy of the report with the secretary of the

18

borough and the clerk of the court of common pleas of the county

19

and the Department of Community Affairs not later than ninety

20

days after the close of the fiscal year, and

21

(2)  To publish within ten days thereafter, by advertisement

22

in at least one newspaper of general circulation in the borough,

23

a concise financial statement setting forth the balance in the

24

treasury at the beginning of the fiscal year, all revenues

25

received during the fiscal year by major classifications, all

26

expenditures made during the fiscal year by major functions, and

27

the current resources and liabilities of the borough at the end

28

of the fiscal year, the gross liability and net debt of the

29

borough, the amount of the assessed valuation of the borough,

30

the assets of the borough with the character and value thereof,

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1

the date of the last maturity of the respective forms of funded

2

debt, and the assets in each sinking fund. The independent

3

auditor shall make his report on the uniform form prepared

4

pursuant to article XIII of this act.

5

(f)  The compensation of the independent auditor shall be

6

determined by council and paid out of borough funds.]

7

Section 152.  Sections 1197, 1198 and 1199 of the act are

8

repealed:

9

[Section 1197.  Appeals From Report of Independent Auditor.--

10

Appeals may be taken from the settlement and audit of the

11

independent auditor as shown in the independent auditor's report

12

to the court of common pleas of the county, by the same persons,

13

in the same manner, within the same time, subject to the same

14

conditions and procedure, and with like effect in every respect,

15

as in this act provided in the cases of appeals from the

16

settlement and audit of elected auditors.

17

Section 1198.  Balances Due to be Entered as Judgments.--Any

18

balance, in any report of the independent auditor, against any

19

officer of the borough, shall constitute a surcharge against

20

such officer, as fully as if expressly stated in said report to

21

be a surcharge, and the amount of any such balance, and of any

22

express surcharge, shall, if no appeal is taken, or after an

23

appeal has been finally determined, be entered by the

24

prothonotary as a judgment, against such officer and in favor of

25

the borough, the clerk of the court of quarter sessions shall

26

certify the amount of every balance or surcharge, contained in

27

any such report, from which no appeal has been taken within time

28

herein provided, to the court of common pleas, for entry thereof

29

by the prothonotary as a judgment. Any taxpayer of the borough

30

may enforce the collection thereof, for the benefit of the

- 212 -

 


1

borough, by action or execution, upon filing in the court of

2

common pleas a bond, in the sum of five hundred dollars ($500)

3

with one or more sureties, conditioned to indemnify the borough

4

from all costs which may accrue in the proceedings undertaken by

5

such taxpayer, subject, however, to all rights of appeal from

6

the report of independent auditors granted by this act. If any

7

person or persons have been, or shall be, surcharged for an

8

illegal purchase, and no fraud or collusion is shown and the

9

surcharge is paid to the borough, then the articles purchased

10

shall become the property of the person or persons surcharged.

11

Section 1199.  Employment of Attorney, Compelling Attendance

12

of Witnesses, Administration of Oath, Penalties and Settlement

13

of Accounts.--(a)  The independent auditor, with the consent of

14

the borough council, may employ an attorney whenever the same is

15

deemed advisable by him and the compensation of such attorney

16

shall be determined by the borough council and shall be payable

17

by the borough out of the general funds of the borough.

18

(b)  The independent auditor of each borough shall have power

19

to issue subpoenas to obtain the attendance of the officers

20

whose accounts he is required to adjust, their executors and

21

administrators, and of any persons whom it may be necessary to

22

examine as witnesses, and to compel their attendance. If any

23

person shall refuse or neglect to appear or testify, the

24

independent auditor shall petition the court of common pleas of

25

the county to issue a subpoena to such person and to require him

26

to appear and to testify before the court. The court shall issue

27

such subpoena if it deems the testimony relevant to the issue.

28

(c)  The independent auditor shall have power to administer

29

oaths and affirmations to all persons brought or appearing

30

before him, whether accountants, witnesses, or otherwise. All

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1

persons guilty of swearing or affirming falsely on such

2

examination shall be liable to the pains and penalties of

3

perjury.

4

(d)  If any person, appearing before such independent auditor

5

for examination, shall refuse to take such oath or affirmation,

6

or, after having been sworn or affirmed, shall refuse to make

7

answer to such questions as shall be put to him by the

8

independent auditor touching the accounts or the official

9

conduct of such public officers or any of them, then the

10

independent auditor may petition the court to issue its subpoena

11

as hereinbefore provided.

12

(e)  Witnesses, other than officers of the borough, attending

13

before the independent auditor and persons or officers serving

14

subpoenas shall be paid out of the borough treasury, upon orders

15

drawn on the borough treasury, pursuant to authorization by the

16

independent auditor, the same fees as are payable for rendering

17

similar services in civil proceedings before a justice of the

18

peace, and the amount thereof shall be made a part of the charge

19

against any officer who shall be charged by the independent

20

auditor with any balance: Provided, that any such costs shall

21

have been incurred in establishing said balance. Upon collection

22

of any such costs from any officer, they shall be repaid into

23

the borough treasury.

24

(f)  If any person in possession of books, vouchers, or

25

papers, relative to public accounts before independent auditor,

26

shall refuse to produce the same or, if any officer whose

27

accounts are to be settled and adjusted by such independent

28

auditor refuses to attend or submit to examination as is

29

hereinbefore directed, the independent auditor may proceed, by

30

the examination of witnesses and other evidence, to ascertain

- 214 -

 


1

and settle as near as may be, the amount of public money

2

received by such officer and its application to public purposes

3

or otherwise.]

4

Section 153.  Article XII heading of the act is reenacted to

5

read:

6

ARTICLE XII

7

CORPORATE POWERS

8

Section 154.  Section 1201 of the act, amended November 29,

<--

9

2004 (P.L.1337, No.170) and June 30, 2007 (P.L.47, No.15) June

<--

10

28, 2011 (P.L.66, No.12), is renumbered and amended to read:

11

Section 1201.  General Powers.--A borough may:

12

(1)  Have succession perpetually by its corporate name.

13

(2)  Sue and be sued, and complain and defend in the courts

14

of the Commonwealth.

15

(3)  Make and use a common seal, and alter the same at

16

pleasure.

17

(4)  Purchase, exchange, acquire by gift, or otherwise, hold,

18

lease, let and convey, by sale or lease, [such] real and

19

personal property [as shall be] deemed to be to the best

20

interest of the borough, subject to the [following]

21

restrictions, limitations or exceptions[:

22

(i)] as set forth in this article. Property may be acquired

<--

23

for any public purpose, including, but not limited to,

24

greenways, greenbelts, recreational trails, buffer zones and

25

natural areas, in addition to any recreation purpose authorized

26

by this act.

27

Section 1201.1.  Real Property.--(a)  No real estate owned by

28

the borough [shall] may be sold except upon approval of council

29

by resolution. Additionally, no real estate owned by the borough

30

shall be sold for a consideration in excess of fifteen hundred

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1

dollars ($1500), except to the highest bidder after due notice

2

by advertisement for bids or advertisement of a public auction

3

in one newspaper [of general circulation [in the borough. Such].

<--

4

The advertisement shall be published once not less than ten days

5

prior to the date fixed for the opening of bids or public

6

auction, and [such] the date for opening bids or public auction

7

shall be announced in [such] the advertisement. The award of

8

contracts shall be made only by public announcement at a regular

9

or special meeting of council or at the public auction. All bids

10

shall be accepted on the condition that payment of the purchase

11

price in full shall be made within sixty days of the acceptance

12

of bids. If no compliant bids are received after advertisement,

<--

13

the applicable procedures in the act of October 27, 1979

14

(P.L.241, No.78), entitled, as amended, "An act authorizing

15

political subdivisions, municipality authorities and

16

transportation authorities to enter into contracts for the

17

purchase of goods and the sale of real and personal property

18

where no bids are received," shall be followed.

19

(b)  The borough council shall have the authority to reject

20

all bids if [such] the bids are deemed to be less than the fair

21

market value of the real property. In the case of a public

22

auction, the borough council may establish a minimum bid based

23

on the fair market value of the real property.

24

(c)  Real estate owned by a borough may be sold at a

25

consideration of fifteen hundred dollars ($1500) or less without

26

advertisement or competitive bidding only after council

27

estimates the value thereof upon receipt of an appraisal by a

28

qualified real estate appraiser.

29

[(ii)] (d)  (1)  Notwithstanding the foregoing provisions of

30

this section, borough council shall have the authority to

- 216 -

 


1

exchange real property for real property of equal or greater

2

value without complying with the foregoing provisions of this

3

section, provided that the property being acquired by the

4

borough is to be used for municipal purposes. Municipal purposes

5

as used in this subsection includes include a subsequent sale or

<--

6

lease of the property to any of the delineated entities listed

7

in section 1201.3.

8

(2)  Any conveyance of real property acquired in an exchange

9

to an entity listed in section 1201.3 may contain a clause

10

whereby the lands and buildings will revert to the borough if

11

they are no longer being used for the purposes of the entity.

12

(3)  If borough council chooses to exercise its power of real

13

property exchange pursuant to this section, it shall be by

14

resolution adopted by council. Notice of the resolution,

<--

15

including a description of the properties to be exchanged, shall

16

be published once in one newspaper of general circulation not

17

more than sixty days nor fewer than seven days prior to

18

adoption.

19

(4)  Participation in a real property exchange shall not

20

prohibit the application of the requirements of the act of

21

October 4, 1978 (P.L.851, No.166), known as the "Flood Plain

22

Management Act."

23

Section 1201.2.  Personal Property.--(a)  (1)  Except as

24

otherwise hereinafter provided in the case of personal property

25

of an estimated fair market value of less than one thousand

26

dollars ($1,000), no borough personal property shall be disposed

27

of, by sale or otherwise, except upon approval of council, by

28

[ordinance or] resolution. In cases where council shall approve

29

a sale of [such] the property, it shall estimate the fair market

30

value of the entire lot to be disposed of. If council shall

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1

estimate the fair market value to be one thousand dollars

2

($1,000) or more, the entire lot shall be advertised for sale

3

once, in at least one newspaper [of general circulation [in the

<--

4

borough], not less than ten days prior to the date fixed for the

5

opening of bids or public auction, and [such] the date of

6

opening of bids or public auction, shall be announced in [such]

7

the advertisement, and sale of the property so advertised shall

8

be made to the best responsible bidder.

9

(2)  A public auction of personal property may be conducted

<--

10

by means of an online or electronic auction sale. During an

11

electronic auction sale, bids shall be accepted electronically

12

at the time and in the manner designated in the advertisement.

13

During the electronic auction, each bidder shall have the

14

capability to view the bidder's bid rank or the high bid price.

15

Bidders may increase their bid prices during the electronic

16

auction. The record of the electronic auction shall be

17

accessible for public inspection. The purchase price shall be

18

paid by the high bidder immediately or at a reasonable time

19

after the conclusion of the electronic auction as determined by

20

council. In the event that shipping costs are incurred, they

21

shall be paid by the high bidder. A borough that has complied

22

with the advertising requirements of this section may provide

23

additional public notice of the sale by bids or public auction

24

in any manner deemed appropriate by council. The advertisement

25

for electronic auction sales authorized in this paragraph shall

26

include the Internet address or means of accessing the

27

electronic auction and the date, time and duration of the

28

electronic auction.

29

(2)  A public auction of personal property may be conducted

<--

30

by means of an online or electronic auction sale. During an

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1

electronic auction sale, bids shall be accepted electronically

2

at the time and in the manner designated in the advertisement.

3

During the electronic auction, each bidder shall have the

4

capability to view the bidder's bid rank or the high bid price.

5

Bidders may increase their bid prices during the electronic

6

auction. The record of the electronic auction shall be

7

accessible for public inspection. The purchase price shall be

8

paid by the high bidder immediately or at a reasonable time

9

after the conclusion of the electronic auction as determined by

10

council. In the event that shipping costs are incurred, they

11

shall be paid by the high bidder. A borough that has complied

12

with the advertising requirements of this section may provide

13

additional public notice of the sale by bids or public auction

14

in any manner deemed appropriate by council. The advertisement

15

for electronic auction sales authorized in this [subclause]

16

paragraph shall include the Internet address or means of

17

accessing the electronic auction and the date, time and duration

18

of the electronic auction.

19

(3)  Council may reject any bids received if the bids are

20

believed to be less than the fair market value of the property.

21

If no bids are received after advertisement, the applicable

22

procedures in the act of October 27, 1979 (P.L.241, No.78),

23

entitled, as amended, "An act authorizing political

24

subdivisions, municipality authorities and transportation

25

authorities to enter into contracts for the purchase of goods

26

and the sale of real and personal property where no bids are

27

received," shall be followed.

28

(b)  Council shall, by resolution, adopt a procedure for the

29

sale of surplus personal property, either individual items or

30

lots of items, of an estimated fair market value of less than

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1

one thousand dollars ($1,000) and the approval of council shall

2

not be required for any individual sale that shall be made in

3

conformity to [such] the procedure.

4

[(iii)] (c)  The provisions of this [clause] section shall

5

not be mandatory where borough personal property is to be traded

6

in or exchanged for new [borough property] or used personal

7

property being acquired by the borough, except that the trade or

8

exchange shall be by resolution.

9

[(iv)] Section 1201.3.  Exceptions.--(a)  The provisions of

10

this [clause] article requiring advertising for bids or sale at

11

public auction and sale to the highest bidder shall not apply

12

where borough real or personal property is to be sold to:

13

[(A)] (1)  a county, city, borough, town, township,

14

institution district, school district, volunteer fire company,

15

volunteer ambulance service or volunteer rescue squad located

16

within the borough;

17

[(A.1)] (2)  a council of government, consortium, cooperative

18

or other similar entity created pursuant to 53 Pa.C.S. Ch. 23 

19

(relating to intergovernmental cooperation);

20

[(B)  a municipal authority pursuant to the Municipality

<--

21

Authorities Act of 1945] (3)  an authority as defined in 53

22

Pa.C.S. § 5602 (relating to definitions);

23

[(B)] (3)  an authority as defined in 53 Pa.C.S. § 5602

<--

24

(relating to definitions);

25

[(C)] (4)  a non-profit corporation engaged in community

26

development or reuse only upon entering into a written agreement

27

with the non-profit corporation that requires the property to be

28

used for industrial, commercial or affordable housing purposes.

29

This exemption shall not apply to property on which existing

30

governmental functions are conducted[;

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1

(D)  where real property is to be sold to]. This exemption

2

shall also not apply to property owned and operated by the

3

borough or subcontracted or operated on behalf of the borough in

4

order to conduct existing government functions;

5

(5)  a person for [his] the person's exclusive use in an

6

industrial development program;

7

[(E)  where real property is to be sold to] (6)  a non-profit

8

corporation organized as a public library for its exclusive use

9

as a library;

10

[(F)  where real property is to be sold to] (7)  a non-profit

11

medical service corporation as authorized by clause [(76)] (50) 

12

of section 1202;

13

[(G)  where real property is to be sold to] (8)  a non-profit

14

housing corporation as authorized by clause [(77)] (51) of

15

section 1202;

16

[(H)  where real property is to be sold to] (9)  the

17

Commonwealth or to the Federal Government; or

18

[(I)  where real property is to be sold to] (10)  a non-

19

profit museum or historical society for its exclusive use as a

20

non-profit museum or historical society.

21

[(v)] (b)  When real property is to be sold to a non-profit

22

corporation organized as a public library for its exclusive use

23

as a library or to a non-profit medical service corporation or

24

to a non-profit housing corporation, council may elect to accept

25

[such] nominal consideration for [such] the sale as it shall

26

deem appropriate.

27

[(vi)] (c)  Real property sold pursuant to this [clause]

28

section to a volunteer fire company, volunteer ambulance service

29

or volunteer rescue squad, non-profit medical service

30

corporation or to a non-profit housing corporation shall be

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1

subject to the condition that when the property is not used for

2

the purposes of the company, service, squad or the corporation

3

the property shall revert to the borough.

4

[(vii)  The exemption granted under subclause (iv)(C) shall

5

not apply to property owned and operated by the borough or

6

subcontracted or operated on the behalf of the borough in order

7

to conduct existing governmental functions.

8

(5)  To invest in or purchase bonds of any municipal

9

authority or parking authority created solely by the borough,

10

for the purpose either of investment or of possible retirement

11

of such bonds and acquisition of authority projects at an

12

earlier date than originally contemplated, using for the purpose

13

either surplus funds of the borough or money appropriated in the

14

annual budget for the purpose.]

15

Section 155.  Section 1202 of the act, amended or added

16

October 9, 1967 (P.L.399, No.181), November 24, 1967 (P.L.621,

17

No.283), December 14, 1967 (P.L.727, No.336), June 30, 1969

18

(P.L.111, No.43), June 27, 1974 (P.L.412, No.145), December 19,

19

1975 (P.L.561, No.158), June 23, 1978 (P.L.530, No.89), October

20

4, 1978 (P.L.962, No.189), October 5, 1979 (P.L.197, No.66),

21

November 1, 1979 (P.L.453, No.90), May 9, 1980 (P.L.119, No.46),

22

December 11, 1986 (P.L.1499, No.158), March 30, 1988 (P.L.309,

23

No.40), July 10, 1990 (P.L.383, No.90), December 16, 1992

24

(P.L.1215, No.158), December 14, 1995 (P.L.652, No.71), December

25

18, 1996 (P.L.1156, No.176), June 22, 2000 (P.L.325, No.34),

26

June 25, 2001 (P.L.699, No.67), July 5, 2005 (P.L.44, No.13) and

27

March 17, 2008 (P.L.48, No.8) and repealed in part November 26,

28

1978 (P.L.1399, No.330), is amended to read:

29

Section 1202.  Specific Powers.--The powers of the borough

30

shall be vested in the [corporate authorities. Among the

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1

specific powers of the borough shall be the following, and in]

2

borough council. In the exercise of any [of such] specific 

3

powers involving the enactment of [any] an ordinance or the

4

making of any regulation, restriction or prohibition, the

5

borough may provide for [the] enforcement [thereof] and [may

6

prescribe] penalties for [the violation thereof or for the

7

failure to conform thereto] violations. The specific powers of

8

the borough shall include the following:

9

(1)  Fees for service of certain officers and emergency

<--

10

responders. To prescribe reasonable fees for the services of

11

their officers and to enforce the payment of the same. The

<--

12

borough may also prescribe reasonable fees for costs associated

13

with services of emergency service, fire or traffic control

14

personnel rendered in response to vehicle accidents, and may

15

claim the costs against insurance policies or otherwise provide

16

for the collection or payment of the fees. This paragraph shall

17

not be applicable to the services rendered by borough police

18

officers in responding to motor vehicle accidents pursuant to 53

19

Pa.C.S. § 1392 (relating to prohibition of fees for police

20

services).

21

(2)  Regulation of charges in the operation of its utilities,

22

parking meters, parking lots, recreational facilities or its

23

other facilities and services to the public. In the operation of

24

its utilities, parking meters, parking lots, recreational

25

facilities, and other facilities and services, to make and

26

regulate charges therefor for general borough purposes.

27

(3)  Fines and forfeitures. To impose fines and penalties,

28

incurring partial or total forfeiture, or to remit the same.

29

(4)  Nuisances and dangerous structures. [To prohibit and

30

remove any obstruction or nuisance in the streets of the

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1

borough.

2

(5)  Nuisances and dangerous structures.] To prohibit and

3

remove any nuisance or dangerous structure on public or private

4

grounds, including but not limited to accumulations of garbage

5

and rubbish [and], the storage of abandoned or junked

6

automobiles [and to prohibit and remove any dangerous structure

7

on public or private grounds, or to] and obstructions or

8

nuisances in the streets of the borough. The borough may require

9

the removal of any [such] nuisance or dangerous structure by the

10

owner or occupier of [such] the grounds, in default of which the

11

borough may cause the same to be done, and collect the cost

12

[thereof] of removal, together with a penalty of ten percent of

13

[such] the cost, in the manner provided by law for the

14

collection of municipal claims, or by action of assumpsit, or

15

may seek relief by bill in equity.

16

[(6)] (5)  Health and cleanliness regulations. To make such

17

regulations as may be necessary for the health, safety, morals,

18

general welfare and cleanliness and the beauty, convenience,

19

comfort and safety of the borough.

20

[(7)  Burial of deceased persons. To prohibit, within the

21

borough limits, or within any described territory within such

22

limits, the burial or interment of deceased persons.

23

(8)] (6)  Regulation of vaults, cesspools and drains. To make

24

regulations respecting vaults, cesspools and drains.

25

[(9)] (7)  Manure and compost regulations. To make

26

regulations relative to the accumulation of manure, compost and

27

the like to the extent authorized by 3 Pa.C.S. Ch. 5 (relating

28

to nutrient management and odor management).

29

[(10)  Accumulations of garbage] (8)  Garbage and other

30

refuse material. (i)  To individually or jointly with other

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1

municipal corporations pursuant to an agreement, prohibit

2

accumulations of garbage or other refuse material upon public

3

and private property and to [provide] make regulations for the

4

care, removal [of prohibited accumulations] and collection of

5

garbage or other refuse material[.], including:

6

(A)  To provide for the collection and imposition of

7

reasonable fees and charges for the collection of garbage and

8

other refuse material.

9

(B)  To erect, operate and maintain refuse disposal or

10

incineration facilities or sanitary landfills, either within or

11

without the limits of the borough, or provide other means for

12

the collection, destruction or removal of garbage and other

13

refuse material, and provide for the payment of the cost or

14

expense thereof, either in whole or in part, out of the funds of

15

the borough.

16

(C)  To purchase real estate for the purpose of erecting,

17

operating and maintaining refuse disposal or incineration

18

facilities or sanitary landfills, provided, however, that prior

19

to any acquisition of property pursuant to this paragraph the

20

borough shall, individually or jointly, as the case may be,

21

obtain the approval of the court of common pleas for the

22

location of the facilities or landfill after a hearing and

23

subject to notice as the court shall require. If no objections

24

are heard at the hearing, the court shall approve the location.

25

If any objection is made, the court shall proceed to hear the

26

matter and determine whether the location is a detriment to

27

neighboring properties. The finding of the court shall be

28

conclusive, but in no way shall adjudicate any question relating

29

to damages for injury to property.

30

(D)  To take and appropriate real estate for purposes of

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1

refuse disposals or incineration facilities or sanitary

2

landfills in accordance with Article XV if a purchase price

3

cannot first be agreed upon, provided, however, that no real

4

estate located outside the limits of the borough, or outside the

5

limits of the joint municipal corporations in the case of a

6

joint effort, shall be taken and appropriated if the real estate

7

currently contains or is being used for a refuse disposal or

8

incineration facility or a sanitary landfill.

9

(ii)  Regulations enacted pursuant to this section shall be

10

consistent with the act of July 7, 1980 (P.L.380, No.97), known

11

as the "Solid Waste Management Act," the act of July 28, 1988

12

(P.L.556, No.101), known as the "Municipal Waste Planning,

13

Recycling and Waste Reduction Act," and subject to any other

14

necessary Federal or State approval.

15

[(11)  Removal of garbage and other refuse material. To make

16

regulations for the care and removal of garbage and other refuse

17

material, including the imposition and collection of reasonable

18

fees and charges therefor.

19

(12)  Hogs. To prohibit the keeping of hogs within the

20

borough, or within any part of the borough.

21

(13)] (9)  Dogs, cats and other pets. To the extent not

22

otherwise prohibited by the act of December 7, 1982 (P.L.784,

23

No.225), known as the "Dog Law," to destroy dogs found at large

24

contrary to laws of the Commonwealth; to prohibit or regulate,

25

by ordinance, the running at large of dogs, cats [and/or] or 

26

other pets, and, in the enforcement of [such] the regulations,

27

to direct the killing of dogs, cats [and/or] or other pets, or

28

their seizure and detention, prescribing reasonable charges for

29

their seizure and detention, and to provide for their sale for

30

the benefit of the borough, in default of the redemption

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1

[thereof] of the pet by their owners.

2

[(14)] (10)  Livestock, fowls and [certain] all other

3

animals. To [prohibit and regulate, by ordinance,] enact

4

ordinances prohibiting or regulating the keeping or running at

5

large of livestock and fowls and any other animals not covered

6

in clause [(13) hereof] (9), and [to authorize] authorizing 

7

their seizure [and], detention, [prescribing] or, in the case of

8

unowned pigeons, humane destruction. The borough may prescribe 

9

reasonable charges [therefor, and to] for the seizure and

10

detention of the animals and provide for their sale for the

11

benefit of the borough, in default of the redemption [thereof]

12

of the animals by their owners. Ordinances enacted pursuant to

13

this clause shall not unreasonably interfere with any

14

agricultural operation to the extent prohibited by applicable

15

State law.

16

[(15)  Pigeons. To authorize or provide for the destruction

17

or killing of unowned pigeons within the geographical limits of

18

the borough by any humane means.

19

(16)] (11)  Smoke regulations. To regulate the emission of

20

smoke from chimneys, smokestacks and other sources to the extent

21

the regulation is not otherwise prohibited by applicable Federal

22

or State law. This clause shall not apply to locomotive

23

smokestacks.

24

[(17)] (12)  Street and sewer regulations; obstructions. To

25

regulate the streets, sewers, public squares, common grounds,

26

sidewalks, curbs, gutters, culverts and drains, and the heights,

27

grades, widths, slopes and their construction [thereof;] and to

28

prohibit the erection or construction of any building or other

29

obstruction to the convenient use of the same.

30

[(18)] (13)  Riding or driving on sidewalks. To prohibit or

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1

regulate the riding [or], driving, parking or other passage of

2

[animals, or the passage of] any animal or vehicle, over, along

3

and across sidewalks. As used in this paragraph, the word

4

"vehicle" shall include any device in, upon or by which any

5

person or property may be transported, but not a self-propelled

6

wheelchair or an electrical mobility device operated by and

7

designed for the exclusive use of a person with a mobility-

8

related disability.

9

[(19)  Stands for cabs and other vehicles for hire. To

10

establish stands for cabs and other vehicles for hire, to

11

establish charges therefor, and to enforce the observance and

12

use thereof.

13

(20)] (14)  Disorderly conduct; disturbance of the peace;

14

ordinances. To adopt ordinances defining disorderly conduct

15

[and/or] or disturbing the peace within the limits of the

16

borough, and to provide for the imposition of penalties for

17

[such] the conduct in [such] amounts, without limitation except

18

as in this act provided, as council shall establish, and

19

notwithstanding any statutes of the Commonwealth upon disorderly

20

conduct [and/or] or disturbing the peace and the penalties

21

therefor.

22

(15)  Construction code, property maintenance code, fire

23

prevention code and reserved powers. To adopt and enforce a

24

construction code, a property maintenance code, a fire

25

prevention code and exercise any additional reserved powers

26

pursuant to Article XXXII-A.

27

[(21)  Fire regulations; fire prevention codes by reference.

28

To make regulations, within the borough, or within such limits

29

thereof as may be deemed proper, relative to the cause and

30

management of fires and the prevention thereof. To enact and

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1

enforce suitable fire prevention codes, and to provide for the

2

enforcement thereof by a suitable fine, and by instituting

3

appropriate actions or proceedings, at law or in equity, to

4

effect the purposes of this provision and ordinances thereunder.

5

Such fire prevention code shall not be advertised by publication

6

of the full text thereof, and, in place of such complete

7

advertisement, an informative notice of intention to consider

8

such proposed fire prevention code, and a brief summary, setting

9

forth the principal provisions of such proposed fire prevention

10

code in such reasonable detail as will give adequate notice of

11

its contents and a reference to the place or places within the

12

borough where copies of such proposed fire prevention code may

13

be examined or obtained shall be published once in one newspaper

14

of general circulation in the borough at least one week and not

15

more than three weeks prior to the presentation of the proposed

16

fire prevention code to council. No further advertisement or

17

notice need be published following enactment of the fire

18

prevention code.

19

The fire prevention code may be adopted by reference to a

20

standard fire prevention code, or to parts thereof, determined

21

by council, or the provisions of the code may be supplied by

22

reference to a typed or printed fire prevention code, prepared

23

under the direction of or accepted by the council, or the

24

provisions may consist of a standard code, or parts thereof, and

25

also further provisions typed or printed as aforesaid. Copies of

26

the fire prevention code thus adopted by reference shall be made

27

available to any interested party at the cost thereof, or may be

28

furnished or loaned without charge. Such fire prevention code

29

need not be recorded in or attached to the ordinance book, but

30

it shall be deemed to have been legally recorded if the

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1

ordinance by which such fire prevention code was adopted by

2

reference shall have been recorded, with an accompanying

3

notation stating where the full text of the fire prevention code

4

shall have been filed.

5

(22)] (16)  Prohibition of fire producing devices [in certain

6

retail stores] and smoking. To prohibit and regulate the smoking

7

or carrying of lighted cigarettes, cigars, pipes or matches, and

8

the use of matches or fire-producing devices[, in retail stores

9

arranged to accommodate one hundred persons or more or which

10

employ ten or more persons]. Any ordinance enacted or regulation

11

or resolution adopted under this clause shall not [prohibit]

12

regulate smoking in [any restaurant, rest room, beauty parlor,

13

executive office or any room designated for smoking in such

14

store.] a manner that conflicts with the act of June 13, 2008

15

(P.L.182, No.27), known as the "Clean Indoor Air Act."

16

[(23)] (17)  Dangerous and inflammable articles, substances

<--

17

and materials. To the extent not otherwise prohibited by Federal

<--

18

or State law or regulation, to prohibit the manufacture, sale or

19

storage of fireworks and inflammable or otherwise dangerous

<--

20

articles, substances or materials; to prescribe the quantities

21

of [any such] inflammable or dangerous articles, substances or

<--

22

materials that may be kept in any location [and/or] or building;

<--

23

to grant permits for the supervised public displays of fireworks

<--

24

and adopt rules and regulations governing the displays; and to

25

[prescribe such] impose other safeguards concerning inflammable

<--

26

articles as may be necessary.]

<--

27

(17)  Fireworks and inflammable articles.

28

(i)  To, by ordinance, regulate and prohibit the manufacture

29

of fireworks or inflammable or dangerous articles.

30

(ii) To grant permits for supervised public displays of

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1

fireworks and adopt rules and regulations governing the

2

displays.

3

(iii)  To, by ordinance, adopt rules and regulations not

4

inconsistent with State regulations relating to the storage of

5

inflammable articles.

6

(iv)  To, by ordinance, impose other safeguards concerning

7

inflammable articles as may be necessary.

8

[(24)  Building, housing, property maintenance, plumbing and

9

other regulations. To enact and enforce ordinances relating to

10

buildings and housing, their construction, alteration,

11

extension, repair and maintenance and all facilities and

12

services in or about such buildings or housing, to require that,

13

before any work of construction, alteration, extension, or

14

repair of any building is begun, approval of the plans and

15

specifications therefor be secured; to provide for the

16

inspection of such work of construction, alteration, extension

17

and repair, including the appointment of one or more building

18

inspectors and/or housing inspectors; to prescribe limits

19

wherein none but buildings of noncombustible material and

20

fireproof roofs shall be erected, or substantially

21

reconstructed, or moved thereinto; to provide for enforcement of

22

such regulations by a reasonable fine, and by instituting

23

appropriate actions or proceedings at law, or in equity, to

24

effect the purposes of this provision and ordinances enacted

25

thereunder. Any building, housing or property, or part thereof

26

erected, altered, extended, reconstructed, removed or

27

maintained, contrary to any of the provisions of any ordinance

28

passed for any of the purposes specified in this clause is

29

declared to be a public nuisance and abatable as such.

30

Any such ordinance may be adopted by reference to a standard

- 231 -

 


1

building code, housing code or other standard codes, or to parts

2

thereof, determined by council, or the provisions of the

3

ordinance may be supplied by reference to a typed or printed

4

building code, housing code or other standard codes, prepared

5

under the direction of or accepted by council, or the provisions

6

may consist of a standard building code, housing code or other

7

standard codes, or parts thereof, and also further provisions

8

typed or printed as aforesaid. Such building code, housing code

9

or other standard codes shall not be advertised either in

10

advance of or following enactment, by publication of the full

11

text thereof, and, in place of such complete advertisement, an

12

informative notice of intention to consider such proposed

13

building code, housing code or other standard codes, and a brief

14

summary, setting forth the principal provisions of such proposed

15

building code, housing code or other standard codes in such

16

reasonable detail as will give adequate notice of its contents

17

and a reference to the place or places within the borough where

18

copies of such proposed building code, housing code or other

19

standard codes may be examined or obtained shall be published

20

once in one newspaper of general circulation in the borough at

21

least one week and not more than three weeks prior to the

22

presentation of the proposed building code, housing code or

23

other standard codes to council. No further advertisement or

24

notice need be published following enactment of the building

25

code, housing code or other standard codes. Copies of the

26

building code, housing code or other standard codes thus adopted

27

by reference shall be made available to any interested party at

28

the cost thereof, or may be furnished or loaned without charge.

29

Such building code, housing code or other standard codes need

30

not be recorded in or attached to the ordinance book, but it

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1

shall be deemed to have been legally recorded if the ordinance

2

by which such building code, housing code or other standard

3

codes were adopted by reference shall have been recorded, with

4

an accompanying notation stating where the full text of such

5

building code, housing code or other standard codes shall have

6

been filed. The procedure set forth relating to the adoption of

7

the building code, housing code or other standard codes, by

8

reference, may likewise be adopted in amending, supplementing or

9

repealing any of the provisions of the building code, housing

10

code or other standard codes.

11

To enact suitable ordinances relating to property maintenance

12

and plumbing, in the same manner and to the same effect as

13

herein provided for building codes, housing codes or other

14

standard codes. The building code, the property maintenance

15

code, the housing code and the plumbing code may be combined or

16

separately enacted or combined with other standard codes.

17

Any ordinance previously enacted by a borough which provides

18

for the purposes authorized by this clause is hereby validated.

19

(25)] (18)  Numbering buildings. To require and regulate the

20

numbering of buildings and lots.

21

[(26)  Building lines. To establish and maintain uniform

22

building lines upon any or all streets of the borough.

23

(27)] (19)  Party wall and fence regulations. To make

24

regulations respecting partition fences and the foundations and

25

party walls of buildings.

26

(20)  Prohibition, licensing and regulation of business.

27

(i)  In addition to licensing in accordance with Article

28

XXIX, council may prohibit, license and regulate by ordinance

29

the following:

30

(A)  Noxious and offensive businesses. Council may prohibit,

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1

within the borough, the carrying on of any manufacture, art,

2

trade or business which may be noxious or offensive and

3

therefore prejudicial to the public health or safety of the

4

inhabitants.

5

(B)  Junk yards. Council may prohibit, regulate and license

6

the establishment and maintenance of junk yards, salvage yards

7

and other places used and maintained for the collection, storage

8

and disposal of used or second-hand goods and materials.

9

(C)  Market places. Council may:

10

(I)  regulate markets whether for individual use or for

11

resale;

12

(II)  purchase and own ground;

13

(III)  erect, establish and maintain market places for which

14

purposes parts of a street or sidewalk may be temporarily used;

15

(IV)  contract with a person or association of persons,

16

companies or corporations for the erection, maintenance and

17

regulation of market places, on terms and conditions, and in a

18

manner, as the council may prescribe;

19

(V)  provide and enforce suitable regulations respecting

20

market places;

21

(VI)  provide for the payment of the cost or expense of

22

market places, either in whole or in part, out of the funds of

23

the borough; and

24

(VII)  levy and collect a suitable license fee from every

25

person who may be authorized by council to occupy any portion of

26

market places, or any portion of the streets or sidewalks for

27

temporary market purposes.

28

(ii)  Notwithstanding the enumeration in subparagraph (i),

29

boroughs may prohibit, license and regulate businesses unless

30

prohibited by law.

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1

(21)  Zoning and land use regulations; building lines. To

2

plan for and regulate the development of the borough by:

3

(i)  establishing and maintaining uniform building lines upon

4

any or all borough streets pursuant to applicable law; and

5

(ii)  utilizing powers delegated by the Pennsylvania

6

Municipalities Planning Code, and other applicable laws by

7

adopting zoning, subdivision and land use and development

8

regulations.

9

[(28)  Noxious and offensive businesses. To prohibit, within

10

the borough, the carrying on of any manufacture, art, trade, or

11

business which may be noxious or offensive to the inhabitants.

12

(29)  Junk yards. To prohibit, regulate and license the

13

establishment and maintenance of junk yards, salvage yards and

14

other places used and maintained for the collection, storage and

15

disposal of used or second-hand goods and materials.

16

(30)  Regulating and prohibiting amusements. To regulate,

17

license, fix the time of opening and closing, or prohibit

18

theatrical exhibitions, amusements and dances, at which an

19

admission or other fee is charged, and other exhibitions; to

20

regulate, license and fix the time of opening and closing of

21

pool-rooms, billiard-rooms, shooting galleries, skating rinks

22

and bowling alleys.

23

(31)  Markets, market houses and peddling. To regulate

24

markets and peddling, whether for individual use or for resale;

25

and to purchase and own ground for and to erect, establish and

26

maintain market houses and market places, for which latter

27

purposes, parts of any streets or sidewalks may be temporarily

28

used; to contract with any person or persons, or association of

29

persons, companies, or corporations, for the erection,

30

maintenance and regulation of market houses and market places,

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1

on such terms and conditions, and in such manner, as the council

2

may prescribe; to provide and enforce suitable regulations

3

respecting said market houses and market places and to provide

4

for the payment of the cost or expense thereof, either in whole

5

or in part, out of the funds of the borough; and to levy and

6

collect a suitable license fee from every person who may be

7

authorized by council to occupy any portion of said market

8

houses or market places, or any portion of the streets or

9

sidewalks for temporary market purposes.

10

(32)  Creation of special funds; investments. To set aside in

11

a separate fund any moneys received out of or from the sale,

12

lease, or other disposition of any borough property or received

13

from any source other than taxation, unless such money was

14

received or acquired for a particular purpose. Such fund shall

15

be controlled, invested and administered, and the income arising

16

therefrom expended, in such manner as may be determined by

17

action of the council pursuant to the ordinance creating the

18

fund. Such ordinance may provide that only the income from such

19

fund may be used or expended, and that neither principal, not

20

any part thereof, may be used or expended unless upon

21

authorization of a majority vote of the qualified electors of

22

the borough. All ordinances heretofore enacted and ordained by

23

any borough, creating and establishing such a separate fund as

24

is authorized by this clause, shall be deemed and taken as valid

25

and effectual for all purposes: Provided, That all other

26

requirements of law concerning the enactment of the same have

27

been complied with.

28

(33)] (22)  Creation of capital reserve fund for anticipated

29

capital expenditures. To create and maintain a separate capital

30

reserve fund for anticipated legal capital expenditures. The

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1

money in the fund shall be used, from time to time, for the

2

construction, purchase or replacement of or addition to

3

municipal buildings, equipment, machinery, motor vehicles or

4

other capital assets of the borough and for no other purpose.

5

Council may appropriate moneys from the general borough funds

6

to be paid into the capital reserve fund or place in the fund

7

any moneys received from the sale, lease or other disposition of

8

any borough property or from any other source, unless received

9

or acquired for a particular purpose. The fund shall be

10

controlled, invested, reinvested and administered and the moneys

11

expended for any of the purposes for which the fund is created

12

in [such] a manner as may be determined by council. The money in

13

the fund, when invested, shall be invested in securities

14

designated by [law] 53 Pa.C.S. Pt. VII Subpt. B (relating to

15

indebtedness and borrowing) as legal investments for sinking

16

funds of municipalities.

17

This clause shall not be construed to limit the powers of the

18

borough to the use of moneys in the capital reserve fund in

19

making lawful capital expenditures.

20

(23)  Operating Reserve Fund. To create and maintain a

21

separate operating reserve fund from which appropriations may be

22

made to meet emergencies involving the health, safety and

23

welfare of the residents of the borough, to counterbalance

24

potential budget deficits resulting from shortfalls in

25

anticipated revenues or program receipts from whatever source,

26

or to provide anticipated operating expenditures related either

27

to the planned growth of existing projects or programs or to the

28

establishment of new projects or programs if for a project or

29

program appropriations have been made and allocated to a

30

separate restricted account established within the operating

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1

reserve fund. Council may annually make appropriations from the

2

general fund to the operating reserve fund, but no appropriation

3

shall be made to the operating reserve fund if the effect of the

4

appropriation would cause the fund to exceed five per centum of

5

the estimated revenues of the borough's general fund in the

6

current fiscal year. The operating reserve fund shall be

7

invested, reinvested and administered in a manner consistent

8

with the provisions of section 1316 relating to investment of

9

funds.

10

[(34)  Joint municipal agreements] (24)  Intergovernmental

11

Cooperation. To enter into agreements with other political

12

subdivisions, in accordance with existing laws, in making joint

13

purchases of materials, supplies or equipment and in performing

14

governmental powers, duties and functions and in carrying into

15

effect provisions of [law relating to said subjects which are

16

common to such political subdivisions] 53 Pa.C.S. Ch. 23 Subch.

17

A (relating to intergovernmental cooperation), and agreements

18

with the proper authorities of municipal corporations, regional

19

police or fire forces, or other public safety or governmental

20

entities created by two or more municipal corporations pursuant

21

to 53 Pa.C.S. Ch. 23 Subch. A, either for mutual aid or

22

assistance in police and fire protection or any other public

23

safety services, or for the furnishing to or, receiving from the

24

municipal corporations or governmental entities, police and fire

25

protection or any other public safety services, and to make

26

appropriations for public safety services. In connection with

27

agreements for police or fire protection or any other public

28

safety services, it shall not be necessary to advertise for bids

29

or receive bonds as required for contracts under existing law.

30

When an agreement has been entered into, the police,

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1

firefighters, fire police or any other public safety services of

2

the employing municipal corporation or governmental entity shall

3

have all the powers and authority conferred by law on police,

4

firefighters, fire police or any other public safety services in

5

the territory of the municipal corporation which has contracted

6

to secure the service.

7

[(35)  Joint contracts for police and fire protection. To

8

enter into contracts with the proper authorities of near or

9

adjacent cities, boroughs, or townships, either for mutual aid

10

or assistance in police and fire protection, or for the

11

furnishing to or, receiving from, such cities, boroughs, or

12

townships, aid and assistance in police and fire protection, and

13

to make appropriations therefor: Provided, That in connection

14

with such contracts, it shall not be necessary to advertise for

15

bids or receive bonds as required for other contracts under

16

existing law. When any such contract has been entered into the

17

police, firemen or fire police of the employing city, borough or

18

township shall have all the powers and authority conferred by

19

law on city, borough or township police, firemen, or fire police

20

in the territory of the city, borough or township which has

21

contracted to secure such service.

22

(36)] (25)  Insurance on property. To make contracts of

23

insurance, with any mutual or other fire insurance company,

24

association or exchange, duly authorized by law to transact

25

insurance business in the Commonwealth of Pennsylvania, on any

26

building or property owned or leased by the borough.

27

[(37)] (26)  Other insurance.  (i)  Workers' compensation

28

insurance. To appropriate [such] an amount as may be necessary

29

to secure insurance or compensation in accordance with Article

30

VI of the act of June 2, 1915 (P.L.736, No.338), known as the

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1

"Workers' Compensation Act," for:

2

(A)  volunteer [firemen] fire fighters of companies duly

3

recognized by the borough, by motion or resolution, killed or

4

injured while going to, returning from, or attending fires, or

5

while performing their duties as special fire police[.]; and

6

(B)  other borough employes as "employe" is defined in

7

section 601 of the "Workers' Compensation Act."

8

(ii)  Life and health insurance. To make contracts of

9

insurance with any insurance company, association or exchange,

10

authorized to transact business in the Commonwealth, insuring

11

borough employes, or any class or classes of employes, or mayor

12

and council, [or any class, or classes thereof,] or their

13

dependents, under a policy or policies of insurance covering

14

life, health, hospitalization, medical and surgical service

15

[and/or] or accident insurance[, and to].

16

(iii)  Pension contracts. To contract with [any such] an

17

insurance company, granting annuities or pensions, for the

18

pensioning of borough employes, or any class, or classes

19

[thereof] of employes, and to agree to pay part or all of the

20

premiums or charges for carrying [such] the contracts, and to

21

appropriate moneys from the borough treasury for such purposes.

22

(iv)  Liability insurance. To make contracts with any

23

insurance company, association or exchange, authorized to

24

transact business in this Commonwealth, insuring any public

25

liability of the borough, and to appropriate moneys from the

26

borough treasury for such purpose.

27

(v)  Nothing in this clause shall affect any contract, right

28

or coverage of insurance vested or existing on the effective

29

date of this clause. Contract, as used in this clause, includes

30

an annuity contract, provided that the option to renew continues

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1

to provide the same rights to the annuitant that existed on the

2

effective date of this clause.

3

[(38)  Contract with railways. To enter into contract with

4

any person or company, operating a street passenger railway,

5

surface, elevated, or underground, or furnishing motor

6

transportation, or leasing and operating the franchise and

7

property of such person or company, within the limits of the

8

borough, regulating the franchises, powers, duties and

9

liabilities of such persons or companies, and the respective

10

rights of the contracting parties. Such contracts may, inter

11

alia, provide for payments by the persons or companies to the

12

borough, in lieu of the performance of certain duties, or the

13

payment of license fees or charges imposed in favor of such

14

borough, or by the charters of any such companies, or by any

15

general law, or ordinances; for the appointment by the borough

16

of a certain number of persons to act as director of any such

17

company, in conjunction with the directors elected by the

18

stockholders of such company; and may further provide for the

19

ultimate acquisition by the borough, upon terms mutually

20

satisfactory, of the leaseholds, property and franchises of the

21

contracting persons or companies.

22

Subject to the approval of the Public Utility Commission, and

23

in order to secure the removal of any street railway tracks, or

24

to prevent the laying of any tracks authorized to be laid, or to

25

change the route of any street railway on any street to enter

26

into a contract with a street railway or motor power company,

27

owning, leasing, or operating such tracks, for a period not to

28

exceed fifty years, for such considerations and upon such

29

conditions as may be agreed upon.

30

Such contract may include a covenant providing that, during

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1

the continuance thereof, municipal consent shall not be granted

2

to any other company to use, for street railway or passenger

3

transportation purposes, any streets covered by such contract.

4

Such covenant may be enforced by bill in equity against the

5

borough. The contract may also provide for the laying or

6

relaying of tracks, upon such terms and upon such conditions as

7

may be agreed upon.]

8

(27)  Public transportation. To contract with a company

9

owning, leasing or operating a light rail or similar

10

transportation system, whether surface, elevated or underground,

11

within the limits of the borough, for the acquisition, leasing

12

or regulation of the franchises, property, powers, duties and

13

liabilities of the company for the purpose of providing public

14

transportation. A contract may provide that the companies may

15

make payments to the borough in lieu of the performance of

16

certain duties or may include a provision that municipal consent

17

shall not be granted to any other company for the same services

18

covered by the contract. A contract may also provide, subject to

19

any required approval by the Public Utility Commission and

20

consistent with the jurisdictional limits established under 49

21

U.S.C. (relating to transportation), for the laying,

22

installation or removal of tracks or lines, to prevent the

23

laying or installation of otherwise authorized tracks or lines,

24

or to change the route of any tracks or lines, for the

25

considerations and upon conditions as may be agreed upon.

26

Borough council may acquire, maintain and operate any existing

27

inclined plane passenger transportation facilities and may

28

acquire or may establish vehicular feeder lines for those

29

facilities.

30

[(39)  Water supply. To provide a supply of water and to make

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1

regulations for the protection of the pipes, reservoirs and

2

other constructions or apparatus; to prevent the waste of water

3

so supplied, and to regulate the drilling of wells within the

4

borough.

5

(40)] (28)  Community buildings and public facilities. To

6

acquire land or buildings by purchase [and own ground for, and],

7

gift, exchange or eminent domain, to erect[, establish, or

8

purchase] a building[, to be used] or to lease land or

9

buildings, within the borough limits, for community purposes, or

10

for public facilities such as comfort and waiting stations and

11

drinking fountains, and to erect watering troughs, and to

12

maintain the [same] public facilities; to provide for the

13

payment of [the] their cost [thereof], and the expense of [such]

14

their maintenance either in whole or in part out of the funds of

15

the borough.

16

[(41)] (29)  Lockup. To provide a lockup for the temporary

17

detention of persons.

18

[(42)] (30)  Flags. To display the flag of the United States

19

of America, of the Commonwealth of Pennsylvania, the official

20

POW/MIA flag or the flag of any county, city, borough or other

21

municipality in the State, on the public buildings or grounds

22

and in public places of the borough.

23

[(43)  Comfort stations. To use land owned by the borough and

24

to acquire or lease land or land and buildings within the

25

borough limits, for the purposes of construction or of providing

26

comfort and waiting stations and drinking fountains and to

27

maintain such public facilities; to contribute to the

28

maintenance of any such public facilities which may be located

29

in or upon property not owned or leased by the borough. The

30

damages accruing to abutting properties, by reason of any such

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1

improvements constructed or provided by the borough, shall be

2

ascertained and collected in the manner provided in the laws

3

governing eminent domain.

4

(44)  Watering troughs. To erect and maintain watering

5

troughs.

6

(45)  Garbage and refuse disposal facilities. To erect,

7

operate and maintain garbage plants, either within or without

8

the limits of the borough, or to provide other means for the

9

collection, destruction, or removal of garbage and other refuse

10

material, and to provide for the payment of the cost or expense

11

thereof, either in whole or in part, out of the funds of the

12

borough.

13

(46)] (31)  Parking lots. To acquire by lease, purchase or

14

eminent domain any land which the [corporate authorities]

15

borough council may deem necessary or desirable for the purpose

16

of establishing and maintaining parking lots, and to regulate

17

the use [thereof] of parking lots, and to regulate parking and

18

provide parking accommodations so as to promote the convenience

19

and protection of the public and to establish or designate, at

20

the discretion of the [corporate authorities] borough council,

21

areas exclusively reserved for parking by handicapped

22

individuals and to post signs regulating [such] the areas. The

23

right to regulate the use of the lots shall include the right to

24

impose fines and fees for violation of any law or ordinance

25

regulating parking. Regulation of parking lots shall be

26

consistent with 75 Pa.C.S (relating to vehicles) and the act of

27

October 27, 1955 (P.L.744, No.222), known as the "Pennsylvania

28

Human Relations Act."

29

[(47)  Inclined planes. To acquire by purchase, lease, or

30

otherwise, any existing inclined plane passenger and vehicular

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1

traffic transportation facilities, and to maintain and operate

2

the same in the transportation of passengers and vehicles for

3

hire, and for the accommodation of the public, and in like

4

manner to acquire or to establish bus feeder lines, and to

5

maintain and operate the same in connection with such inclined

6

plane passenger and vehicular traffic transportation facilities.

7

(48)] (32)  Historical property. To acquire by purchase, or

8

by gift, and to repair, supervise, operate and maintain ancient

9

landmarks, and other property of historical or antiquarian

10

interest and to make appropriations to nonprofit associations or

11

corporations organized for the purpose of acquiring and

12

maintaining historical properties. [Such] The appropriations

13

shall only be used by the association or corporation for the

14

acquisition, restoration and maintenance of the historical

15

properties.

16

[(49)] (33)  Provisions against hazards of war, terrorism and

17

disasters. To [build or establish bomb shelters or assist in so

18

doing to] provide against all hazards of war, terrorism and

19

other disasters and their consequences; and for [all such] those 

20

purposes, to have the power of eminent domain, to cooperate with

21

any other unit and agency of government, Federal, State or

22

local, in every lawful way, for purposes of defense against the

23

hazards of war and terrorism and to further provide against the

24

hazards of manmade or natural disasters in conjunction with the

25

powers applicable to boroughs in 35 Pa.C.S. Pt. V (relating to

26

Emergency Management Services).

27

[(50)  Street lighting. To provide street lights and to make

28

regulations for the protection thereof; and, upon the petition

29

of a majority of abutting property owners of the section

30

affected, to provide for the ornamental illumination of any

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1

section of the borough and to collect the cost of the

2

installation of such illumination from the owners of property

3

fronting the streets upon which the same is installed by the

4

foot-front rule.

5

(51)] (34)  Towing [equipment]. To purchase vehicles and

6

other equipment necessary for the towing of motor vehicles,

7

tractors, trailers, recreational trailers and other vehicles

8

from highways, roads, streets, and public property of the

9

borough and to impose fees [therefor] for towing whenever [such]

10

the towing equipment is used for the lawful removal of motor

11

vehicles, tractors, trailers, recreational trailers and other

12

vehicles from highways, roads, streets, and public property of

13

the borough [and/or] and to authorize or contract with [one or

14

more] commercial towers that agree to tow vehicles for a

15

negotiated price as the official towers for the borough for the

16

lawful removal of motor vehicles, tractors, trailers,

17

recreational trailers and other vehicles from highways, roads,

18

streets and public property of the borough in accordance with

19

Federal and State law and to impose fees in the same manner as

20

hereby authorized when the towing is performed with borough

21

vehicles and equipment. A commercial tower that agrees not to

22

charge in excess of the negotiated price and is otherwise

23

lawfully authorized to tow vehicles in accordance with Federal

24

and State law, shall be put on an official rotation list for the

25

borough if borough council provides for a list. This clause

26

shall apply only when the borough is requesting a vehicle to be

27

towed. In all other cases, the owner or operator of a vehicle

28

shall be permitted to select and pay for the tower.

29

[(52)] (35)  Fire, rescue and life saving apparatus and

30

[houses] buildings. To purchase, or contribute to the purchase

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1

of fire engines and fire apparatus, boats, rescue and life

2

saving equipment and supplies for the use of the borough[, and

3

to appropriate money to fire companies, rescue units and for the

4

construction, repair and maintenance of fire company and rescue

5

units houses, including the acquisition of land for such

6

purposes and, as set forth in this clause, for fire training

7

schools and centers.

8

The council may annually appropriate funds to fire companies

9

located within the borough for the training of its personnel,

10

and to lawfully organized or incorporated county or regional

11

firemen's associations or an entity created pursuant to the act

12

of July 12, 1972 (P.L.762, No.180), referred to as the

13

Intergovernmental Cooperation Law, to establish, equip, maintain

14

and operate fire training schools or centers] for fire, rescue

15

and life saving services including community ambulance service.

16

To appropriate money for fire companies and rescue units located

17

within the borough including for the construction, repair and

18

maintenance of buildings for fire companies and rescue units and

19

to acquire land for those purposes. Appropriations may include

20

funds to establish, equip, maintain and operate lawfully

21

organized or incorporated fire training schools within the

22

county or regional fire fighters' associations or an entity

23

created pursuant to 53 Pa.C.S. Ch. 23 Subch. A (relating to

24

intergovernmental cooperation) for the purpose of giving

25

instruction and practical training in the prevention, control

26

and fighting of fire and related fire department emergencies to

27

the members of fire departments and volunteer fire companies in

28

any city, borough or town within this Commonwealth. Annual

29

appropriations may also be made to an ambulance service, or

30

borough council may enter into contracts for use in providing

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1

community ambulance service.

2

[(53)  Eminent domain for national guard purposes. To take,

3

by right of eminent domain, for the purpose of appropriating to

4

themselves for the use of the National Guard of Pennsylvania,

5

such public lands, easements, and public property, as may be in

6

their possession or control and used or held by them for any

7

other purpose. Such right, however, shall not be exercised as to

8

any street or wharf.

9

(54)  Lands for armory purposes. To acquire, by purchase or

10

by gift or by the right of eminent domain, any land for the use

11

of the National Guard of Pennsylvania; to convey such lands so

12

acquired to the Commonwealth of Pennsylvania in order to assist

13

the Armory Board in the erection of armories. The power

14

conferred by this clause shall not be exercised to take any

15

church property, graveyard, cemetery, or any dwelling-house or

16

the curtilage of the same in the actual occupancy of the owner.

17

(55)  Appropriation of money, et cetera, to assist in

18

erection of armories. To appropriate money or convey land,

19

either independently or in conjunction with any county, city,

20

town, borough, or other municipal division of the Commonwealth

21

of Pennsylvania for the purpose of assisting the Armory Board of

22

the Commonwealth in the erection of armories for the use of the

23

national guard; and to furnish water, sewer service, light, or

24

fuel, free of cost, to the Commonwealth for use in any armory of

25

the national guard; and to do all things necessary to accomplish

26

the purpose of this clause.

27

(56)  Support of national guard units. To appropriate

28

annually a sum not exceeding seven hundred and fifty dollars

29

($750) for the support and maintenance, discipline and training

30

of any dismounted company or similar unit of the national guard,

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1

and a sum not to exceed fifteen hundred dollars ($1500) for the

2

support and maintenance of any mounted or motorized troop or

3

similar unit of the national guard. Where such units are

4

organized as a battalion, regiment or similar organization, the

5

total amount due may be paid to the commanding officer of the

6

battalion, regiment or similar organization. Any moneys so

7

appropriated shall be paid by warrant drawn to the order of the

8

commanding officer of such company, battalion, regiment or

9

similar organization, only when it shall be certified to the

10

borough, by the Adjutant General of the State, that the said

11

company or companies have satisfactorily passed the annual

12

inspection provided by law. The moneys so appropriated shall be

13

used and expended solely and exclusively for the support and

14

maintenance, discipline and training of the said company,

15

battalion, regiment, or similar organization; and the commanding

16

officer shall account, by proper vouchers to the said borough

17

each year, for the expenditure of the money so appropriated, and

18

no appropriation shall be made for any subsequent year until the

19

expenditure of the previous year is duly and satisfactorily

20

accounted for.

21

The accounts of such expenditures shall be subject to the

22

inspection of the Department of Military Affairs, and shall be

23

audited by the Auditor General in the manner provided by law for

24

the audit of accounts of State moneys.

25

(57)  Appropriations to organizations of veterans and

26

American Gold Star Mothers. To appropriate annually a sum not

27

exceeding five hundred dollars ($500) to be divided in such

28

amounts as council deems proper to organizations composed of

29

veterans of any war in which the United States was engaged or

30

the American Gold Star Mothers' Organization, to aid in

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1

defraying the expenses of Memorial Day, Veterans' Day or any

2

similar day hereafter provided for by State or Federal law. Such

3

payments shall be made to defray actual expenses only. Before

4

any payment is made the organization receiving the same shall

5

submit verified accounts of its expenditures.

6

(58)  Payment of rent for veterans' organizations. By a two-

7

thirds vote of the council, to appropriate annually a sum not

8

exceeding five hundred dollars ($500) to be divided in such

9

amounts as council deems proper to incorporated organizations of

10

American veterans of any war in which the United States was

11

engaged, to be used in the payment of the rent of any building

12

or room or rooms in which such camps or post have their regular

13

meetings.

14

(59)  Rooms for veterans' and children of veterans'

15

organizations. Upon application therefor, to furnish to each

16

organization composed of American veterans of any war in which

17

the United States was engaged and children of such veterans, a

18

room or rooms in any public building of such borough, sufficient

19

for the meeting of each of such organizations at least once each

20

month; and in the case of municipally owned utilities, to

21

furnish service without charge to such rooms, and also to

22

buildings occupied by organizations of veterans of any war in

23

which the United States was engaged.

24

(60)  Care and erection of memorials. To take charge of, care

25

for, maintain and keep in good order and repair, at the expense

26

of the borough, any soldiers monument, gun, or carriage, or

27

similar memorial situated in the borough, and not in the charge

28

or care of any person, body, or organization, and not put up or

29

placed by the Government of the United States, the Commonwealth

30

of Pennsylvania, or the commissioners of the county, or by the

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1

direction or authority of any other State of the Union, and to

2

receive from any person or organization any moneys or funds

3

which can be used for the maintenance of such memorials, and to

4

expend the same; and to erect or contribute to the erection of,

5

memorials in honor of those who served in any war in which the

6

United States was engaged and thereafter to properly and

7

adequately maintain the same.

8

(61)  Appropriations for burial ground maintenance. To

9

appropriate annually, out of the general funds of the borough, a

10

sum not exceeding three thousand dollars ($3000) for the care,

11

upkeep, maintenance and beautifying of cemeteries, burial

12

grounds and private roads therein or leading thereto, lying

13

wholly or partly within the boundary limits of such borough, or

14

in the territory immediately adjacent to the borough.

15

(62)] (36)  Municipal music. To appropriate money for the

16

expense of municipal music.

17

[(63)] (37)  Purchase and planting of trees. To accept,

18

purchase and plant, or contribute to the purchasing and planting

19

of shade trees along the streets and sidewalks of the borough

20

and to have the care, custody and control of shade trees

21

pursuant to subdivision (d) of Article XXVII.

22

[(64)] (38)  Hospital appropriations. To appropriate moneys

23

for the support of any incorporated hospital which is engaged in

24

charitable work and extends treatment and medical attention to

25

residents of [such] the borough, but no [such] appropriation

26

shall exceed in any year the cost of free service extended to

27

residents of the borough which is in excess of any amount paid

28

by the Commonwealth towards [such] free service.

29

[(64.1)] (39)  Building hospitals. To appropriate [not

30

exceeding one dollar ($1) per borough resident per year] moneys

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1

toward the maintenance [and/or] and support of any medical

2

center or hospital building and further appropriate from [such]

3

the funds toward the purchase [and/or] and erection of medical

4

or hospital facilities. Where the total cost of [such] the 

5

purchase or erection exceeds one hundred thousand dollars

6

($100,000), it will necessitate approval by the appropriate

7

health planning agency. [The number of residents shall be

8

determined from the latest decennial Federal census.]

9

[(65)] (40)  Community nurse services. To appropriate money

10

annually for the expense of community nurse services to any

11

nonprofit associations or corporations which provide community

12

nursing services for the elderly and other needy persons, the

13

control of communicable disease, the immunization of children,

14

the operation of child health centers (Well-Baby Clinics),

15

instructive visits to parents of new babies, beginning in the

16

prenatal period, and family health guidance, including

17

nutrition, detection and correction of defects all of which

18

relate to the responsibilities of local boards of health.

19

[(66)  Community ambulance service. To appropriate money

20

annually towards ambulance service and to enter into contracts

21

relating thereto. All appropriations of money heretofore made

22

and contracts heretofore entered into by any borough for

23

ambulance service are hereby validated and confirmed.

24

(67)] (41)  Appropriation for civic purposes. To appropriate,

25

in any year out of the general funds of the borough for the

26

observance of holidays or centennials or other anniversaries or

27

for borough celebrations or other civic projects or programs.

28

[(68)] (42)  Appropriations for handling, storage and

29

distribution of surplus foods. To appropriate from borough funds

30

moneys for the handling, storage and distribution of surplus

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1

foods obtained through either a local, State or Federal agency.

2

All appropriations of moneys heretofore made by any borough for

3

the handling, storage and distribution of surplus foods obtained

4

through either a local, State or Federal agency are hereby

5

validated.

6

[(69)] (43)  Appropriations for industrial promotions. To

7

make appropriations to an industrial development agency.

8

[(70)] (44)  Appropriations to tourist promotion agencies. To

9

appropriate money annually[, such amount of money but not in

10

excess of ten cents (10¢) for each resident of the borough, as

11

determined by the latest official census, which may be deemed

12

necessary], to any "tourist promotion agency," as defined in the

13

act of [April 28, 1961 (P.L.111), known as the "Tourist

14

Promotion Law,"] July 4, 2008 (P.L.621, No.50), known as the

15

"Tourism Promotion Act," to assist [such] the agencies in

16

carrying out tourist promotional activities.

17

[(71)] (45)  Appropriating money to assist [political

18

subdivisions and municipality] municipalities and municipal 

19

authorities for airports. To appropriate moneys to assist any

20

[city, borough, town, township or other political subdivision or

21

municipality] municipality or municipal airport authority to

22

acquire, establish, operate and maintain any and all air

23

navigation facilities lying either within or without the limits

24

of [such] the borough.

25

[(72)] (46)  Non-Debt revenue bonds. To issue non-debt

26

revenue bonds pursuant to provisions of [the Act of June 25,

27

1941 (P.L.159), known as the "Municipal Borrowing Law," and its

28

amendments,] 53 Pa.C.S. Pt. VII Subpt. B (relating to

29

indebtedness and borrowing) to provide sufficient moneys for and

30

toward the acquisition, construction, reconstruction, extension

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1

or improvement of municipal facilities, including water systems

2

or facilities, sewers, sewer systems and sewage disposal systems

3

or facilities, systems for the treatment or disposal of garbage

4

and refuse, gas plants or gas distribution systems for its own

5

municipal purposes, electric light or power plants or power

6

distribution systems, aeronautical facilities including but not

7

limited to airports, terminals and hangars and park and

8

recreational facilities and parking lots and facilities to be

9

secured solely by the pledge of the whole or part of the rent,

10

toll or charge for the use or services of [such] the facilities.

11

Included in the cost of the issue may be any costs and

12

expenses incident to construction and financing the facilities

13

and selling and distributing the bonds.

14

[(73)] (47)  Rewards for apprehension of certain criminals.

15

To offer rewards for the arrest and conviction of persons guilty

16

of capital or other crimes within the borough.

17

[(73.1)] (48)  Appropriations for Urban Common Carrier Mass

18

Transportation. To appropriate funds for urban common carrier

19

mass transportation purposes from current revenues and to make

20

annual contributions to county departments of transportation or

21

to urban common carrier mass transportation authorities to

22

assist the departments or the authorities to meet costs of

23

operation, maintenance, capital improvements, and debt service,

24

and to enter into long-term agreements providing for the payment

25

of the [said] contributions.

26

[(74)  General powers. To make and adopt all such ordinances,

27

bylaws, rules and regulations not inconsistent with or

28

restrained by the Constitution and laws of this Commonwealth, as

29

may be expedient or necessary for the proper management, care

30

and control of the borough and its finances, and the maintenance

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1

of peace, good government, safety and welfare of the borough and

2

its trade, commerce and manufactures.

3

(75)] (49)  To undertake community development programs,

4

including but not limited to urban renewal, public housing,

5

model cities programs and neighborhood development projects.

6

[(76)] (50)  Sale of real or personal property to non-profit

7

medical service corporation. To sell to a non-profit medical

8

service corporation borough-owned:

9

(i)  real property [to a non-profit medical service

10

corporation] for its exclusive use as a site for a medical

11

service facility; and

12

(ii)  personal property for use at the medical service

13

facility.

14

[(77)] (51)  Sale of real or personal property to non-profit

15

housing corporation. To sell to a non-profit housing corporation 

16

borough-owned:

17

(i)  real property [to a non-profit housing corporation] for

18

its exclusive use for housing for the elderly; and

19

(ii)  personal property for its use at the non-profit housing

20

corporation.

21

[(78)] (52)  Grants to nonprofit art corporations. To make

22

grants annually[, not exceeding an amount equal to one mill of

23

the real estate tax] to nonprofit art corporations for the

24

conduct of their artistic and cultural activities. For the

25

purposes of this section nonprofit art corporation shall mean a

26

local arts council, commission or coordinating agency, or any

27

other nonprofit corporation engaged in the production or display

28

of works of art, including the visual, written or performing

29

arts. Artistic and cultural activities shall include the display

30

or production of theater, music, dance, painting, architecture,

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1

sculpture, arts and crafts, photography, film, graphic arts and

2

design and creative writing.

3

[(79)] (53)  Appropriations for neighborhood crime watch

4

programs. To appropriate annually[, solely at the discretion of

5

the borough officials,] an amount toward a neighborhood crime

6

watch program. Notwithstanding any other provision of law, no

7

borough or official thereof shall become subject to contractual,

8

tort or other liability as a result of having made an

9

appropriation pursuant to this clause.

10

[(80)] (54)  Appropriations to Senior Citizens Organizations.

11

To appropriate funds for programs which benefit senior citizens,

12

or make grants to civic organizations which represent senior

13

citizens, provide services to senior citizens, or of which its

14

members are senior citizens.

15

[(81)] (55)  Appropriations to watershed associations. To

16

appropriate money to nonprofit watershed associations for

17

watersheds serving the borough. [Such appropriations]

18

Appropriations may not be used to undertake litigation against

19

any [municipal corporation] municipality or to seek redress

20

against any individual landowner.

21

[(82)] (56)  Emergency services. The borough shall be

22

responsible for ensuring that fire and emergency medical

23

services are provided within the borough by the means and to the

24

extent determined by the borough, including the appropriate

25

financial and administrative assistance for these services. The

26

borough shall consult with fire and emergency medical services

27

providers to discuss the emergency services needs of the

28

borough. The borough shall require any emergency services

29

organization receiving borough funds to provide to the borough

30

an annual itemized listing of all expenditures of these funds

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1

before the borough may consider budgeting additional funding to

2

the organization.

3

(57)  Appropriations to conservation district. To appropriate

4

money to the conservation district, as defined in the act of May

5

15, 1945 (P.L.547, No.217), known as the "Conservation District

6

Law," in which the borough is located.

7

(58)  Mines and quarries. To require the owner, operator or

8

superintendent of every mine, colliery or quarry located wholly

9

or partially within the limits of the borough, to furnish to the

10

borough maps, plans and drawings of workings, excavations and

11

surface support as the council may require. In the case of coal

12

mines and collieries, the map or plan shall exhibit the workings

13

or excavations in every seam of coal on a separate sheet, and

14

the tunnels and passages connecting with the workings or

15

excavations. It shall show in degrees the general inclination of

16

the strata, with any material deflection in the strata in the

17

workings or excavations, and shall also show the tidal

18

elevations of the bottom of every shaft, slope, tunnel and

19

gangway, and of any other point in the mine or on the surface

20

where the elevation shall be deemed necessary by the borough.

21

The map or plan shall show the number of the last survey on the

22

gangways or the most advanced workings. Every owner, operator,

23

or superintendent, of a mine, colliery or quarry, shall update,

24

at least once every three months, the pertinent maps, plans and

25

drawings to reflect any extensions made in any mine, colliery or

26

quarry during the three preceding months, except those made

27

within thirty days immediately preceding the time of placing the

28

extensions upon the map or drawing. A borough engineer,

29

assistant or other person authorized by council may enter and

30

survey any mine, colliery or quarry within the limits of the

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1

borough, at all reasonable times, but not so as to impede or

2

obstruct the workings of the mine, colliery or quarry. The

3

owner, operator or superintendent of the mine, colliery or

4

quarry, shall furnish the means necessary for the entry, survey

5

and exit.

6

(59)  Assessment of benefits. To petition the court of common

7

pleas for the appointment of viewers to assess the total cost of

8

an improvement as set forth in Article XXI-A. The viewers shall

9

assess the total cost of the improvement, or so much of the cost

10

as may be just and reasonable, upon the lands or properties

11

peculiarly benefited.

12

(60)  Authority to purchase natural gas wells. To authorize

13

any borough to purchase, own, use, operate and control any

14

natural gas well or wells for the purpose of supplying natural

15

gas for its own municipal purposes.

16

(61)  Real estate registry. To establish, by ordinance, and

17

maintain a real estate registry for the purpose of procuring

18

accurate information in reference to the ownership of real

19

estate in the borough in a manner not inconsistent with the act

20

of October 9, 2008 (P.L.1400, No.110), known as the "Uniform

21

Municipal Deed Registration Act." Council shall designate a

22

person to have charge of the registry, who shall cause to be

23

made and carefully preserve all necessary books, maps and plans

24

as may show the location and ownership of every lot, piece of

25

real estate and subdivision thereof. For purposes of

26

establishing or maintaining the registry, the person in charge

27

of the registry shall have access to public records without

28

charge. Information contained within a real estate registry

29

shall not affect the validity of any municipal claim or tax

30

claim of the borough. Nothing in this paragraph shall prohibit a

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1

borough from requiring owners to provide information relevant to

2

the enforcement of any borough ordinance in accordance with law.

3

(62)  Authority to manufacture and supply electricity. To

4

manufacture, purchase or otherwise supply electricity pursuant

5

to Article XXIV-A, relating to manufacture and supply of

6

electricity.

7

(63)  Authority to provide telecommunications and cable

8

television services. To provide the following:

9

(i)  telecommunications services to the extent that provision

10

of services is not inconsistent with 66 Pa.C.S. Ch. 30 (relating

11

to alternative form of regulation of telecommunications

12

services); and

13

(ii)  cable television services in a manner consistent with

14

Federal law.

15

(64)  Underground conduits. To acquire, by purchase or

16

condemnation, or to construct, underground conduits within which

17

electrical, communication and other types of wires shall be

18

placed and to, by ordinance and subject to approval by the

19

Public Utility Commission, regulate the manner and terms and

20

conditions of the use of any underground conduits. Council may

21

define reasonable districts of the borough within which

22

underground conduits shall be used for the placement of wires

23

without the approval of the Public Utility Commission. The

24

powers reserved by this clause shall not be bartered away or

25

surrendered by the borough.

26

(65)  Actions for municipal claims. In addition to the

27

remedies provided by law for the filing of liens for the

28

collection of municipal claims, including, but not limited to,

29

water rates, sewer rates and the removal of nuisances, to

30

proceed for the recovery and collection of claims by action of

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1

assumpsit against the person or persons who were the owner or

2

owners of the property at the time of the completion of the

3

improvement, or at the time the water or sewer rates or the cost

4

of the removal of nuisances first became payable,

5

notwithstanding the fact that there was a failure on the part of

6

the borough, or its agents, to enter the municipal claim as a

7

lien against the property assessed for the improvement, or for

8

the furnishing of water or sewer services and for the removal of

9

nuisances and for the recovery of which the action of assumpsit

10

was brought. The action in assumpsit shall be commenced either

11

within six years after the completion of the improvement from

12

which the claim arises or within six years after the water or

13

sewer rates or the cost of abating a nuisance first became

14

payable.

15

Section 156.  The act is amended by adding a section to read:

16

Section 1203.  General Reserved Powers.--The council may make

<--

17

and adopt all ordinances, bylaws, rules and regulations not

18

inconsistent with or restrained by the Constitution of

19

Pennsylvania and laws of this Commonwealth as may be expedient

20

or necessary for the proper management, care and control of the

21

borough and its finances, and the maintenance of peace, good

22

government, safety and welfare of the borough and its trade,

23

commerce and manufactures.

24

Section 157.  Article XIII heading and section 1301 of the

25

act are reenacted to read:

26

ARTICLE XIII

27

TAXATION AND FINANCE

28

Section 1301.  Fiscal Year.--The fiscal year of every borough

29

shall coincide with the calendar year, beginning January 1 and

30

ending December 31.

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1

Section 158.  Section 1302 of the act, amended December 1,

2

2004 (P.L.1742, No.223), is amended to read:

3

Section 1302.  Tax Levy.--(a)  The council of the borough

4

shall have power, by ordinance, to levy and collect annually, a

5

tax, not exceeding thirty mills for general borough purposes,

6

unless the council by majority action shall, upon due cause

7

shown by resolution, petition the court of common pleas, in

8

which case the court may order a rate of not more than five

9

mills additional to be levied and in addition [thereto] any of

10

the following taxes:

11

(1)  An annual tax sufficient to pay interest and principal

12

on any indebtedness incurred pursuant to 53 Pa.C.S. Pt. VII

13

Subpt. B (relating to indebtedness and borrowing) or any prior

14

or subsequent act governing the incurrence of indebtedness of

15

the borough;

16

(2)  To provide for pensions, retirement or the purchase of

17

annuity contracts for borough employes, not exceeding one-half

18

mill;

19

(3)  To defray the cost and expenses of caring for shade

20

trees as provided in section [2729 of this act] 2720.1, and the

21

expense of publishing the notice referred to in such section,

22

not exceeding one-tenth mill;

23

(4)  For lighting and illuminating the streets, highways and

24

other public places [with electric light, gas light or other

25

illuminant], not exceeding eight mills;

26

(5)  For gas, water and electric light, not exceeding eight

27

mills, such additional millage permitted only following a

28

favorable referendum on the matter held in accordance with the

29

[act of April 16, 1875 (P.L.55), as amended] election laws of

30

this Commonwealth;

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1

(6)  For the purchase of fire engines, fire apparatus and

2

fire hose for the use of the borough, or for assisting any fire

3

company in the borough in the purchase, renewal or repair of any

4

of its fire engines, fire apparatus or fire hose, for the

5

purposes of making appropriations to fire companies both within

6

and without the borough and of contracting with adjacent

7

municipalities or volunteer fire companies therein for fire

8

protection, for the training of fire personnel and payments to

9

fire training schools and centers or for the purchase of land

10

upon which to erect a fire house, or for the erection and

11

maintenance of a fire house or fire training school and center

12

or fire houses, not exceeding three mills.

13

(i)  The borough may appropriate up to one-half, but not to

14

exceed one mill, of the revenue generated from a tax under this

15

clause for the purpose of paying salaries, benefits or other

16

compensation of fire suppression employes of the borough or a

17

fire company serving the borough.

18

(ii)  If an annual tax for the purposes specified in this

19

clause is proposed to be set at a level higher than three mills,

20

the question shall be submitted to the voters of the borough,

21

and the county board of elections shall frame the question in

22

accordance with the election laws of the Commonwealth for

23

submission to the voters of the borough;

24

(7)  For building a fire house, fire training school and

25

center, lockup [and/or] or municipal building, not exceeding two

26

mills, such additional millage permitted only following a

27

favorable referendum on the matter held in accordance with the

28

[act of May 4, 1927 (P.L.673)] election laws of this

29

Commonwealth;

30

(8)  To establish [and/or] and maintain a local library or to

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1

maintain or aid in the maintenance of a local library

2

established by deed, gift or testamentary provision, for the use

3

of the residents of the borough, in accordance with the act of

4

June 14, 1961 (P.L.324, No.188), known as The Library Code.

5

(9)  For the purpose of supporting ambulance, rescue and

6

other emergency services serving the borough, not to exceed one-

7

half mill, except as provided in subsection (e). The borough may

8

appropriate up to one-half of the revenue generated from a tax

9

under this clause for the purpose of paying salaries, benefits

10

or other compensation of employes of the ambulance, rescue or

11

other emergency service.

12

(b)  The [said] taxes shall be levied on the dollar on the

13

valuation assessed for county purposes, as now is or may be

14

provided by law. All real property, offices, professions and

15

persons, made taxable by the laws of this Commonwealth for

16

county rates and levies, may, in the discretion of council, be

17

taxed after the same manner for such purposes. No action on the

18

part of the borough authorities fixing the tax rate for any year

19

at a mill rate need include a statement expressing the rate of

20

taxation in dollars and cents on each one hundred dollars ($100)

21

of assessed valuation of taxable property.

22

(c)  Nothing [herein] contained in this section shall prevent

23

the application of moneys received from taxes levied for general

24

purposes to the purposes of paying interest and sinking fund

25

charges on indebtedness.

26

(d)  The proceeds of all taxes for which additional millage

27

is hereby authorized shall be kept in a separate fund and used

28

only for the purposes hereby provided [therefor: Provided,

29

That], provided that the additional taxes authorized by

30

referendum shall continue to be levied annually for so long a

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1

period as provided in the question submitted in [such] the 

2

referendum, and, in the case of any [such] taxes for which the

3

question voted upon shall not have stated the duration of [such]

4

the tax, until [such] the tax shall be abolished by vote of the

5

electors in a subsequent referendum.

6

(e)  The tax for supporting ambulance and rescue squads

7

serving the borough shall not exceed the rate specified in

8

subsection (a)(9) except when the question is submitted to the

9

voters of the borough in the form of a referendum which will

10

appear on the ballot in accordance with the election laws of the

11

Commonwealth, in which case the rate shall not exceed two mills.

12

The county board of elections shall frame the question to be

13

submitted to the voters of the borough in accordance with the

14

election laws of the Commonwealth.

15

Section 159.  Section 1302.1 of the act, added November 24,

16

1998 (P.L.827, No.108), is amended to read:

17

Section 1302.1.  Different and Separate Tax Levies.--(a)  A

18

borough may in any year levy separate and different rates of

19

taxation for municipal purposes on all real estate classified as

20

nonfarmland, exclusive of the buildings thereon, and on all real

21

estate classified as either buildings on land or farmland. When

22

real estate tax rates are so levied:

23

(1)  The rates shall be determined by the requirements of the

24

borough budget.

25

(2)  A higher rate may be levied on real estate classified as

26

nonfarmland than on real estate classified as either buildings

27

on land or farmland if the respective rates on nonfarmland and

28

on buildings or farmland are so fixed as not to constitute a

29

greater levy in the aggregate than the levy to result from the

30

maximum rate allowed by law on all real estate.

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1

(3)  The rates shall be uniform as to all real estate within

2

the classification.

3

(b)  For purposes of this section:

4

(1)  "Farmland" shall include any tract of land that is

5

actively devoted to agricultural use, including, but not limited

6

to, the commercial production of "crops, livestock and livestock

7

products" as defined in section 3 of the act of June 30, 1981

8

(P.L.128, No.43), known as the "Agricultural Area Security Law."

9

(2)  "Nonfarmland" shall include any tract of land that is

10

not farmland.

11

(c)  [The] Notwithstanding section 104, the provisions of

12

this section are nonseverable. If any provision of this [act]

13

section or its application to any person or circumstance is held

14

invalid, the remaining provisions or applications of this [act]

15

section are void.

16

Section 160.  Section 1303 of the act, repealed in part April

17

28, 1978 (P.L.202, No.53), is amended to read:

18

Section 1303.  Special Levy to Pay Debts.--In addition to the

19

levies provided for in the preceding section, when it shall be

20

shown to the court that the [corporate authorities refuse or

21

neglect] borough council refuses or neglects to levy a

22

sufficient tax to pay the debts due by the borough, the court

23

may, after ascertaining the amount of [such] the indebtedness of

24

the borough, direct a writ of mandamus to the proper officers of

25

[such] the borough to collect by special taxation an amount

26

sufficient to pay the same in one or more annual [instalments]

27

installments, as may be adjudged reasonable by [said] the court,

28

during such years as may be required for the payment of the

29

same.

30

Section 161.  Sections 1304 and 1305 of the act are amended

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1

to read:

2

Section 1304.  Special Road Fund Tax.--Any borough shall be

3

empowered, within its general power to levy taxes, to collect

4

annually a tax upon all property taxable for borough purposes

5

not to exceed five mills on the dollar in any one year, for the

6

purpose of creating and maintaining a special fund, to be used

7

by its borough in making permanent street improvements, and to

8

pay contract prices for paving and other permanent street

9

improvements, prior to the collection of the cost and expense or

10

any part thereof from the property owners adjoining or abutting

11

thereon by the borough under existing laws.

12

When the cost and expense, or any part [thereof,] of the cost

13

and expense of the construction of any permanent street

14

improvement, which has been made under existing laws, and which

15

has been aided in its construction from the [said] special fund

16

[hereby provided for] provided for under this section, shall

17

have been assessed and collected from the owners of the property

18

adjoining or abutting upon [such] the improvement, it shall be

19

applied to the credit of the [said] special fund, to the extent

20

of the withdrawal [therefrom for such] from the special fund for

21

that purpose.

22

Section 1305.  Date Tax Duplicate to Issue.--[The corporate

23

authorities of the borough] Borough council shall, within thirty

24

days after adoption of the budget or within thirty days after

25

receipt of the assessment roll from the county, whichever is

26

later, issue their duplicate of taxes assessed to the collector

27

of taxes of the borough.

28

Section 162.  Section 1306 of the act, amended July 22, 1970

29

(P.L.549, No.188), is amended to read:

30

Section 1306.  Additions and Revisions to Duplicates.--

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1

Whenever in any borough, there is any construction of a building

2

or buildings not otherwise exempt as a dwelling after the

3

borough council has prepared a duplicate of the assessment of

4

borough taxes and the building is not included in the tax

5

duplicate of the borough, the [authority responsible for

6

assessments in the borough] county assessment office shall, upon

7

the request of the borough council, direct the assessor in the

8

[borough] county assessment office to inspect and reassess,

9

subject to the right of appeal and adjustment provided by the

10

act of assembly under which assessments are made, all taxable

11

property in the borough to which major improvements have been

12

made after the original duplicates were prepared, and to give

13

notice of such reassessments within ten days to the authority

14

responsible for assessments, the borough and the property owner.

15

The property shall then be added to the duplicate and shall be

16

taxable for borough purposes at the reassessed valuation for

17

that proportionate part of the fiscal year of the borough

18

remaining after the property was improved. Any improvement made

19

during the month shall be computed as having been made on the

20

first of the month. A certified copy of the additions or

21

revisions to the duplicate shall be furnished by the borough

22

council to the borough tax collector, together with their

23

warrant for collection of the same, and within ten days

24

thereafter, the borough tax collector shall notify the owner of

25

the property of the taxes due the borough.

26

Section 163.  Sections 1307 and 1308 of the act are amended

27

to read:

28

Section 1307.  Preparation of Budget.--Beginning at least

29

thirty days prior to the adoption of the budget a proposed

30

budget or annual estimate of revenues and expenditures for the

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1

ensuing year shall be prepared in a manner designated by the

2

council. [The budget shall be prepared on a uniform form

3

prepared and furnished as hereinafter provided.] The proposed

4

budget shall be kept on file with the borough secretary and [by

5

him] be made available for public inspection by the borough

6

secretary for a period of ten days.

7

Section 1308.  Notice of Proposed Budget; Penalty.--(a)  

8

Notice that the proposed budget is available for inspection

9

shall be published by the borough secretary in a newspaper [of

<--

10

general circulation [in the borough], except in boroughs where

<--

11

the estimated budget receipts are less than [five thousand

12

dollars ($5000)] fifty thousand dollars ($50,000) in the year in

13

which this amendment is enacted, where in lieu of such newspaper

14

publications, notice may be conspicuously posted during the ten

15

day period, in a place readily viewable by the public at the

16

office of the borough secretary and with such further notice as

17

shall be prescribed by council.

18

(b)  Failure to give the notice herein required shall not

19

invalidate the budget adopted or the tax ordinance. Any borough

20

secretary who shall fail or refuse to give the notice that the

21

proposed budget is available for inspection, as herein required,

22

shall, upon conviction [thereof] in a summary proceeding, be

23

sentenced to pay a fine not exceeding one hundred dollars ($100)

24

and costs of prosecution.

25

Section 164.  Section 1309 of the act is reenacted to read:

26

Section 1309.  Revision and Completion of Budget.--After the

27

expiration of the said ten days, council shall make such

28

revision in the budget as shall be deemed advisable. The budget

29

shall be as comprehensive and exact as the information available

30

will admit. In addition to expenditures proposed for the current

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1

fiscal year, council may include as proposed expenditures a sum

2

sufficient to pay any existing indebtedness and to pay the

3

ordinary operating expenses for the subsequent year until the

4

taxes of the subsequent year are received therefor, and may also

5

include a sum to provide in whole or in part for any deferred

6

maintenance, depreciation and replacements. Within the tax levy

7

and debt limitations, council may also include, in whole or in

8

part, expenditures for capital investments and purchases.

9

Expenditures of a legislative character shall be made,

10

authorized or ratified by ordinance. Other expenditures allowed

11

by law may be made or ratified by motion in council. Such

12

expenditures, whether by ordinance or motion, shall then be

13

considered as appropriations affecting the budget. Any balance

14

of revenues over expenditures may be expended in any subsequent

15

year for any lawful purpose.

16

Section 165.  Section 1310 of the act, amended June 22, 2000

17

(P.L.325, No.34), is amended to read:

18

Section 1310.  Adoption of Budget[; Tax Ordinance].--Upon

19

completion of the budget, containing the estimated receipts and

20

expenditures, [and its adoption] the borough council shall adopt

21

the budget by motion [in] of the borough council, which shall

22

not be later than December thirty-first[, it shall be the duty

23

of the council to adopt an ordinance levying the taxes referred

24

to in this act for the fiscal year for approval of the mayor or

25

passage over his veto].

26

Section 166.  The act is amended by adding a section to read:

27

Section 1310.1.  Tax Ordinance.--After borough council has

28

adopted the budget, it shall be the duty of the borough council

29

to enact an ordinance levying the taxes referred to in this act

30

for the fiscal year subject to approval of the mayor or

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1

enactment over the mayor's veto pursuant to the procedure

2

established in section 3301.3(c).

3

Section 167.  Section 1311 of the act, amended June 22, 2000

4

(P.L.325, No.34), is amended to read:

5

Section 1311.  Amending Budget; Notice.--During the month of

6

January next following any municipal election the council of any

7

borough may amend the budget and the levy and tax rate to

8

conform with its amended budget. A period of ten days' public

9

inspection at the office of the borough secretary of the

10

proposed amended budget after notice by the borough secretary to

11

that effect is published once in a newspaper [as provided in

12

section 109 of this act] of general circulation, shall intervene

<--

13

between the proposed amended budget and the adoption thereof.

14

Any amended budget must be adopted by council on or before the

15

fifteenth day of February.

16

Section 168.  Sections 1312 and 1313 of the act are reenacted

17

to read:

18

Section 1312.  Modification of Budget; Supplemental

19

Appropriations and Transfers.--The council in its reasonable

20

discretion may, in any year, by motion, modify the budget after

21

its final adoption. New appropriations, supplementary

22

appropriations and transfers from one appropriation to another

23

may be made during the fiscal year, either before or after the

24

expenditure is authorized or ratified after the expenditure is

25

made, provided it is within the current year's revenues, or the

26

money therefor promptly made available through borrowing as

27

allowed by law.

28

Section 1313.  Payment from Borough Funds.--All payments made

29

by the council of any borough from the borough funds shall be

30

made by proper borough orders, drawn upon the treasurer; no

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1

borough order shall be authorized by council or signed by the

2

president or secretary of any council unless there are

3

sufficient funds in the treasury of the borough to pay the same,

4

and no orders shall be made payable at any time in the future or

5

draw interest. A separate borough order shall be drawn for each

6

account or payment.

7

Section 169.  The act is amended by adding a section to read:

8

Section 1313.1.  Creation of Special Funds; Investments.--

9

Borough council may set aside in a separate fund any moneys

10

received out of or from the sale, lease or other disposition of

11

any borough property or received from any source unless such

12

money was received or acquired for a particular purpose. The

13

fund shall be controlled, invested and administered, and the

14

income arising therefrom expended, in the manner as may be

15

determined by action of the council pursuant to the ordinance

16

creating the fund. The ordinance may provide that only the

17

income from the fund may be used or expended, and that neither

18

principal, nor any part thereof, may be used or expended unless

19

upon authorization of a majority vote of the qualified electors

20

of the borough. All ordinances previously enacted by any

21

borough, creating and establishing a separate fund as is

22

authorized by this section, shall be deemed and taken as valid

23

and effectual for all purposes provided that all other

24

requirements of law concerning the enactment of the same have

25

been complied with.

26

Section 170.  Section 1314 of the act, amended June 22, 2000

27

(P.L.325, No.34), is amended to read:

28

Section 1314.  Uniform Financial Report; Forms.--The uniform

29

forms for the annual financial statement required to be made by

30

the auditors or the controller shall be prepared by a committee

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1

consisting of four representatives from the Pennsylvania State

2

Association of Boroughs, [and] the Secretary of Community and

3

Economic Development, or [his agent] the secretary's designee

4

and any additional members appointed pursuant to statute.

5

[Such] The representatives of boroughs shall be appointed by

6

the president of the [organization. Such] Pennsylvania State

7

Association of Boroughs. The representatives shall be chosen

8

from among the finance officers or other officers of the borough

9

who have knowledge of their fiscal procedures. As far as

10

possible, they shall be chosen to represent boroughs in the

11

various population groups. The president of the organization

12

shall supply to the Department of Community and Economic

13

Development the names and addresses of [such] the

14

representatives immediately upon their appointment.

15

[Such] The representatives shall serve without compensation,

16

but shall be reimbursed by the Commonwealth for all necessary

17

expenses incurred in attending meetings of the committee. The

18

committee shall meet from time to time as conditions may warrant

19

at the call of Secretary of Community and Economic Development,

20

or [his agent] the secretary's designee, who shall serve as

21

[chairman] chair of the committee.

22

It shall be the duty of the Secretary of Community and

23

Economic Development, or [his agent] the secretary's designee,

24

to see to it that the forms required by this article are

25

prepared in cooperation with [such] the committee. In the event

26

that the committee should for any reason fail to furnish such

27

cooperation, the Secretary of Community and Economic

28

Development, or [his agent] the secretary's designee, shall

29

prepare the forms. After their preparation, [he] the secretary 

30

shall issue [such] the forms and distribute them annually, as

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1

needed to the proper officers of each borough.

2

Section 171.  Section 1315 of the act is amended to read:

3

Section 1315.  Capital Improvements to Certain Public Service

4

Facilities.--(a)  For the purpose of financing the cost and

5

expense or its share of the cost and expense of capital

6

improvements by altering, improving or enlarging (i) its sewer,

7

sewer system or sewage treatment works, either singly or

8

jointly, with other municipalities [or townships, or both], or

9

(ii) its water works, either singly or jointly, with other

10

municipalities [or townships, or both], or (iii) its electric

11

light or power plant or power distribution system, or (iv) its

12

gas plant or gas distribution system for its own municipal

13

purposes, including the purchase and installation of machinery

14

and equipment, any borough owning any such plant or facility may

15

issue non-debt revenue bonds as provided in clause [(72)] (46) 

16

of section 1202 of this act.

17

(b)  Any borough issuing non-debt revenue bonds under the

18

authority of this section shall adjust and, where necessary,

19

increase the rates of rentals or charges pledged as security for

20

the bonds, in order to provide sufficient revenue which shall be

21

set aside as reserve funds to cover depreciation of the

22

properties involved, and for future improvements to the plant or

23

facility involved, as well as for the payment of the interest on

24

the bonds and the principal at the time of maturity.

25

Section 172.  Section 1316 of the act, amended or added

26

November 2, 1979 (P.L.458, No.94) and December 13, 1982

27

(P.L.1145, No.261), is amended to read:

28

Section 1316.  Investment of Funds.--(a)  Council shall

29

invest borough funds consistent with sound business practice.

30

(b)  Council shall provide for an investment program subject

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1

to restrictions contained in this act and in any other

2

applicable statute and any rules and regulations adopted by

3

council.

4

(c)  Authorized types of investments for borough funds shall

5

be:

6

(i)  United States Treasury bills.

7

(ii)  Short-term obligations of the United States Government

8

or its agencies or instrumentalities.

9

(iii)  Deposits in savings accounts or time deposits, other

10

than certificates of deposit, or share accounts of institutions

11

insured by the Federal Deposit Insurance Corporation [or the

12

Federal Savings and Loan Insurance Corporation] or the National

13

Credit Union Share Insurance Fund [or the Pennsylvania Deposit

14

Insurance Corporation or the Pennsylvania Savings Association

15

Insurance Corporation] to the extent that such accounts are so

16

insured, and, for any amounts above the insured maximum,

17

provided that approved collateral as provided by law therefore

18

shall be pledged by the depository.

19

(iv)  Obligations of the United States of America or any of

20

its agencies or instrumentalities backed by the full faith and

21

credit of the United States of America, the Commonwealth of

22

Pennsylvania or any of its agencies or instrumentalities backed

23

by the full faith and credit of the Commonwealth, or of any

24

political subdivision of the Commonwealth of Pennsylvania or any

25

of its agencies or instrumentalities backed by the full faith

26

and credit of the political subdivision.

27

(v)  Shares of an investment company registered under the

28

Investment Company Act of 1940, whose shares are registered

29

under the Securities Act of 1933, provided that the only

30

investments of that company are in the authorized investments

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1

for borough funds listed in (i) through (iv).

2

(vi)  Certificates of deposit purchased from institutions

3

insured by the Federal Deposit Insurance Corporation [or the

4

Federal Savings and Loan Insurance Corporation] or the National

5

Credit Union Share Insurance Fund [or the Pennsylvania Deposit

6

Insurance Corporation or the Pennsylvania Savings Association

7

Insurance Corporation] to the extent that such accounts are so

8

insured. However, for any amounts above the insured maximum,

9

such certificates of deposit shall be collateralized by a pledge

10

or assignment of assets of the institution, and such collateral

11

may include loans (including interest in pools of loans) secured

12

by first mortgage liens on real property. Certificates of

13

deposit purchased from commercial banks shall be limited to an

14

amount equal to twenty percent of a bank's total capital and

15

surplus. Certificates of deposit purchased from savings and loan

16

associations or savings banks shall be limited to an amount

17

equal to twenty percent of an institution's assets minus

18

liabilities.

19

(vii)  Any investment authorized by 20 Pa.C.S. Ch.73 

20

(relating to fiduciaries investments) shall be an authorized

21

investment for any pension or retirement fund.

22

(viii)  Bonds of a municipal authority or parking authority

23

created solely by the borough, for the purpose either of

24

investment or of possible retirement of the bonds and

25

acquisition of authority projects at an earlier date than

26

originally contemplated, using for the purpose either surplus

27

funds of the borough or money appropriated in the annual budget

28

for the purpose.

29

(d)  In making investments of borough funds, council shall

30

have authority:

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1

(i)  To permit assets pledged as collateral under subsection

2

(c)(iii), to be pooled in accordance with the act of August 6,

3

1971 (P.L.281, No.72), relating to pledges of assets to secure

4

deposits of public funds.

5

(ii)  To combine moneys from more than one fund under borough

6

control for the purchase of a single investment, provided that

7

each of the funds combined for the purpose shall be accounted

8

for separately in all respects and that the earnings from the

9

investment are separately and individually computed and

10

recorded, and credited to the accounts from which the investment

11

was purchased.

12

(iii)  To join with one or more other political subdivisions

13

and municipal authorities in accordance with [the act of July

14

12, 1972 (P.L.762, No.180), entitled "An act relating to

15

intergovernmental cooperation,"] 53 Pa.C.S. Ch. 23 Subch. A

16

(relating to intergovernmental cooperation) in the purchase of a

17

single investment, provided that the requirements of subclause

18

(ii) on separate accounting of individual funds and separate

19

computation, recording and crediting of the earnings therefrom

20

are adhered to.

21

Section 173.  Section 1317 of the act, added November 21,

22

2001 (P.L.843, No.85), is repealed:

23

[Section 1317.  Conservation District.--The council may make

24

appropriations to the conservation district, as defined in the

25

act of May 15, 1945 (P.L.547, No.217), known as the

26

"Conservation District Law," in which the borough is located.]

27

Section 174.  Article XIV heading of the act is reenacted to

28

read:

29

ARTICLE XIV

30

CONTRACTS

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1

Section 175.  Section 1401 of the act is amended to read:

2

Section 1401.  Power to Make Contracts.--(a)  Each borough

3

may make contracts for lawful purposes and for the purposes of

4

carrying into execution the provisions of this act and laws of

5

the Commonwealth.

6

(b)  Except as otherwise specifically provided in this act,

7

all contracts and purchases shall be made with and from the

8

lowest qualified and responsible bidder. In awarding contracts

9

and making purchases, council shall have the right to take into

10

consideration such factors as the availability, cost and quality

11

of service, and may establish pre-qualification standards for

12

contracts and purchases. Any pre-qualification standards shall

13

be reasonably designed to assist council in determining the

14

ability of a bidder to successfully complete a contract or

15

purchase.

16

(c)  A borough may permit the electronic submission of bids

17

and may receive bids electronically for competitively bid

18

purchases and contracts pursuant to 62 Pa.C.S. Ch. 46 (relating

19

to electronic bidding by local government units).

20

Section 176.  Section 1402 of the act, amended or added

21

October 4, 1978 (P.L.1022, No.226), April 6, 1980 (P.L.95,

22

No.34), July 10, 1990 (P.L.383, No.90), June 26, 1995 (P.L.63,

<--

23

No.12), December 18, 1996 (P.L.1141, No.171), December 18, 1996

<--

24

(P.L.1156, No.175), December 20, 1996 (P.L.1497, No.193) and

25

October 27, 2010 (P.L.862, No.87) November 3, 2011 (P.L.381,

<--

26

No.92), is amended to read:

27

Section 1402.  Regulation of Contracts.--(a)  All contracts

28

or purchases in excess of ten thousand dollars ($10,000) the

<--

29

base amount of eighteen thousand five hundred dollars ($18,500) 

30

subject to adjustment under subsection (a.2), except those

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1

[hereinafter] mentioned[,] in this section and except as

2

provided by the act of October 27, 1979 (P.L.241, No.78),

3

entitled "An act authorizing political subdivisions,

4

municipality authorities and transportation authorities to enter

5

into contracts for the purchase of goods and the sale of real

6

and personal property where no bids are received," shall not be

7

made except with and from the lowest qualified and responsible

8

bidder after due notice in one newspaper [of general circulation

<--

9

[in the borough], at least two times at intervals of not less

<--

10

than three days where daily newspapers of general circulation

11

are available for [such] publication, in case of weekly

12

newspapers, [such] notice once a week for two successive weeks.

13

The first advertisement shall be published not more than forty-

14

five days and the second advertisement not less than ten days

15

prior to the date fixed for the opening of bids. Advertisements

16

for contracts or purchases shall also be posted in a conspicuous

17

place within the borough. Advertisements for contracts and

18

purchases shall contain the date, time and location for opening

19

of bids and shall state the amount of the performance bond

20

determined under subsection (c). The amount of the contract

21

shall in all cases, whether of straight sale price, conditional

22

sale,[bailment] lease, lease purchase or otherwise, be the

23

entire amount which the borough pays to the successful bidder or

24

his assigns in order to obtain the services or property, or

25

both, and shall not be construed to mean only the amount which

26

is paid to acquire title or to receive any other particular

27

benefit or benefits of the whole bargain. [In awarding

28

contracts, council shall have the right to take into

29

consideration such other factors as the availability, cost and

30

quality of service.]

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1

(a.1)  Written or telephonic price quotations from at least

2

three qualified and responsible contractors shall be requested

3

for all contracts that exceed four thousand dollars ($4,000) in

<--

4

excess of the base amount of ten thousand dollars ($10,000)

5

subject to adjustment under subsection (a.2) but are less than

6

the amount requiring advertisement and competitive bidding or,

7

in lieu of price quotations, a memorandum shall be kept on file

8

showing that fewer than three qualified contractors exist in the

9

market area within which it is practicable to obtain quotations.

10

A written record of telephonic price quotations shall be made

11

and shall contain at least the date of the quotation, the name

12

of 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. Written

17

price quotations as used throughout this section shall include

18

electronic mail.

19

(a.2)  Adjustments to the base amounts specified under

<--

20

subsections (a) and (a.1) shall be made as follows:

21

(1)  The Department of Labor and Industry shall determine the

22

percentage change in the All Items Consumer Price Index for All

23

Urban Consumers (CPI-U) for the United States City Average as

24

published by the United States Department of Labor, Bureau of

25

Labor Statistics for the twelve-month period ending September

26

30, 2012, and for each successive twelve-month period

27

thereafter.

28

(2)  If the department determines that there is no positive

29

percentage change, then no adjustment to the base amounts shall

30

occur for the relevant time period provided for in this

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1

subsection.

2

(3)  (i)  If the department determines that there is a

3

positive percentage change in the first year that the

4

determination is made under paragraph (1), the positive

5

percentage change shall be multiplied by each base amount and

6

the products shall be added to the base amounts, respectively,

7

and the sums shall be preliminary adjusted amounts.

8

(ii)  The preliminary adjusted amounts shall be rounded to

9

the nearest one hundred dollars ($100), to determine the final

10

adjusted base amounts for purposes of subsections (a) and (a.1).

11

(4)  In each successive year in which there is a positive

12

percentage change in the CPI-U for the United States City

13

Average, the positive percentage change shall be multiplied by

14

the most recent preliminary adjusted amounts and the products

15

shall be added to the preliminary adjusted amount of the prior

16

year to calculate the preliminary adjusted amounts for the

17

current year. The sums thereof shall be rounded to the nearest

18

one hundred dollars ($100) to determine the new final adjusted

19

base amounts for purposes of subsections (a) and (a.1).

20

(5)  The determinations and adjustments required under this

21

subsection shall be made in the period between October 1 and

22

November 15 of the year following the effective date of this

23

subsection, and annually between October 1 and November 15 of

24

each year thereafter.

25

(6)  The final adjusted base amounts and new final adjusted

26

base amounts obtained under paragraphs (3) and (4) shall become

27

effective January 1 for the calendar year following the year in

28

which the determination required under paragraph (1) is made.

29

(7)  The department shall publish notice in the Pennsylvania

30

Bulletin prior to January 1 of each calendar year of the annual

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1

percentage change determined under paragraph (1) and the

2

unadjusted or final adjusted base amounts determined under

3

paragraphs (3) and (4) at which competitive bidding is required

4

under subsection (a) and written or telephonic price quotations

5

are required under subsection (a.1), respectively, for the

6

calendar year beginning the first day of January after

7

publication of the notice. The notice shall include a written

8

and illustrative explanation of the calculations performed by

9

the department in establishing the unadjusted or final adjusted

10

base amounts under this subsection for the ensuing calendar

11

year.

12

(8)  The annual increase in the preliminary adjusted base

13

amounts obtained under paragraphs (3) and (4) shall not exceed

14

three percent.

15

(b)  (1)  The award of contracts shall only be made by public

16

announcement at the meeting at which bids are received, or at a

17

subsequent meeting, the time and place of which shall be

18

publicly announced when bids are received. If for any reason one

19

or both of the above meetings shall not be held, the same

20

business may be transacted at any subsequent meeting if at least

21

five days' notice thereof shall be published in the newspaper of

<--

22

general circulation aforesaid. At council's request, all bids

23

advertised for shall be accompanied by cash, money order, a

24

certified or cashier's good faith check, or other irrevocable

25

letter of credit drawn upon a bank authorized to do business in

26

this Commonwealth or by a bond with corporate surety in such

27

amount as council shall determine, and, when requested, no bid

28

shall be considered unless so accompanied.

29

(2)  Notwithstanding clause (1), council may direct that a

30

committee of council, a member of council or a member of the

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1

borough staff receive, open and review bids during normal

2

business hours and forward the information to council for

3

subsequent award at a public meeting. Bidders shall be notified

4

and other interested parties, upon request, shall be notified of

5

the date, time and location of the opening of bids and may be

6

present when the bids are opened.

7

(c)  The successful bidder when advertising as required

8

herein may, at the discretion of council, be required to furnish

9

a bond or irrevocable letter of credit or other security with

10

suitable reasonable requirements guaranteeing the work to be

11

done with sufficient surety in an amount as determined by

12

council which shall be not less than ten percent nor more than

13

one hundred percent of the amount of the liability under the

14

contract within twenty days after the contract has been awarded,

15

unless council shall prescribe a shorter period of not less than

16

ten days, and upon failure to furnish such [bond] security

17

within such time the previous award shall be void. Deliveries,

18

accomplishment and guarantees may be required in all cases of

19

expenditures.

20

(d)  The contracts or purchases made by council, which shall

21

not require advertising, bidding or price quotations as

22

hereinbefore provided, are as follows:

23

(1)  Those for maintenance, repairs or replacements for

24

water, electric light or public works of the borough, provided

25

they do not constitute new additions, extensions or enlargements

26

of existing facilities and equipment, but [a bond] security may

27

be required by council, as in other cases of work done;

28

(2)  Those made for improvements, repairs and maintenance of

29

any kind, made or provided by any borough, through its own

30

[employes: Provided, That] employes, provided that all materials

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1

used for street improvement, maintenance [and/or] or 

2

construction in excess of [four thousand dollars ($4,000)] the

<--

3

amount specified or adjusted under subsection (a.1) the amount

<--

4

specified or adjusted under subsection (a.1) be subject to the

5

relevant price quotation or advertising requirements contained

6

[herein] in this section;

7

(3)  Those where particular types, models or pieces of new

8

equipment, articles, apparatus, appliances, computer software, 

9

vehicles or parts thereof are desired by council, which are

10

patented and manufactured or copyrighted products;

11

(3.1)  Those for used equipment, articles, apparatus,

12

appliances, vehicles or parts thereof being purchased from a

13

public utility[.];

14

(4)  Those involving any policies of insurance or surety

15

company bonds; those made for [public] utility service [under

16

tariffs on file with the Pennsylvania Public Utility Commission]

17

for borough purposes, including, but not limited to, those made

18

for natural gas or telecommunications services; those made for

19

electricity with the entities set forth in clause 6(i), (ii),

20

(iii), (iv), (v), (vi) and (vii)(A); those made with another

21

political subdivision, or a county, or council of government,

22

consortium, cooperative or other similar entity created pursuant

23

to 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental

24

cooperation) or the Commonwealth of Pennsylvania, the Federal

25

Government, any agency of the Commonwealth or the Federal

26

Government, or any municipal authority, including the sale,

27

leasing or loan of any supplies or materials by the Commonwealth

28

or the Federal Government or their agencies. The price thereof

29

shall not be in excess of that fixed by the Commonwealth, the

30

Federal Government, or their agencies;

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1

(5)  Those involving personal or professional services[.];

2

(6)  Those made relating to the purchase of electricity and

3

associated energy and related services by a borough owning or

4

operating electric generation or distribution facilities on the

5

effective date of this section with any of the following:

6

(i)  A political subdivision.

7

(ii)  Another state.

8

(iii)  The Commonwealth or an agency thereof.

9

(iv)  The Federal Government.

10

(v)  A private corporation.

11

(vi)  An electric cooperative corporation under 15 Pa.C.S.

12

Ch. 73 (relating to electric cooperative corporations).

13

(vii)  A non-profit membership corporation. As used in this

14

subclause, the term "non-profit membership corporation" means an

15

entity, the membership of which:

16

(A)  consists solely of Pennsylvania boroughs, such as a

17

consortium, buying group or municipal power agency under section

18

2471.2; or

19

(B)  consists of Pennsylvania boroughs and political

20

subdivisions of another state or states.

21

(viii)  An electric cooperative of another state.

22

Nothing in this clause shall prohibit council from engaging in

23

advertising, bidding or price quotations if the council

24

determines that the advertising, bidding or price quotations are

25

in the public interest.

26

(e)  [Every contract for the construction, reconstruction,

27

alteration, repair, improvement or maintenance of public works

28

shall comply with the provisions of the act of March 3, 1978

29

(P.L.6, No.3), known as the "Steel Products Procurement Act."]

30

Council shall award contracts subject to the requirements of,

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1

and may exercise any powers granted by, the following acts to

2

the extent applicable: the act of March 3, 1978 (P.L.6, No.3),

3

known as the "Steel Products Procurement Act," the act of

4

December 20, 1967 (P.L.869, No.385), known as the "Public Works

5

Contractors' Bond Law of 1967," the act of August 15, 1961

6

(P.L.987, No.442), known as the "Pennsylvania Prevailing Wage

7

Act," the act of January 17, 1968 (P.L.11, No.5), known as "The

8

Minimum Wage Act of 1968," the act of February 17, 1994 (P.L.73,

9

No.7), known as the "Contractor and Subcontractor Payment Act," 

10

the act of January 23, 1974 (P.L.9, No.4), referred to as the

11

Public Contract Bid Withdrawal Law, and 62 Pa.C.S. Pt. II

<--

12

(relating to general procurement provisions), and any other

<--

13

applicable act enacted before or after this act.

14

(f)  No person, consultant, firm or corporation contracting

15

with the borough for purposes of rendering personal or

16

professional services to the borough shall share with any

17

borough officer or employe, and no borough officer or employe

18

shall accept, any portion of the compensation or fees paid by

19

the borough for the contracted services provided to the borough

20

except under the following terms or conditions:

21

(1)  Full disclosure of all relevant information regarding

22

the sharing of the compensation or fees shall be made to the

23

council of the borough.

24

(2)  The council of the borough must approve the sharing of

25

any fee or compensation for personal or professional services

26

prior to the performance of [said] the services.

27

(3)  No fee or compensation for personal or professional

28

services may be shared except for work actually performed.

29

(4)  No shared fee or compensation for personal or

30

professional services may be paid at a rate in excess of that

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1

commensurate for similar personal or professional services.

2

Section 177.  Section 1403 of the act, amended July 10, 1990

3

(P.L.383, No.90) and November 3, 2011 (P.L.381, No.92), is

<--

4

amended to read:

5

Section 1403.  Evasion of Advertising Requirements.--(a)  No

6

member or members of council shall evade the provisions of

7

section 1402 hereof as to advertising for bids, by purchasing or

8

contracting for services and personal properties piecemeal for

9

the purpose of obtaining prices under ten thousand dollars

<--

10

($10,000) the amount specified or adjusted under section 1402(a) 

<--

11

upon transactions, which transactions should, in the exercise of

12

reasonable discretion and prudence, be conducted as one

13

transaction amounting to more than ten thousand dollars

<--

14

($10,000) the amount specified or adjusted under section

<--

15

1402(a). This provision is intended to make unlawful the evading

16

of advertising requirements by making a series of purchases or

17

contracts, each for less than the advertising requirement price,

18

or by making several simultaneous purchases or contracts, each

19

below said price, when, in either case, the transactions

20

involved should have been made as one transaction for one price.

21

Any members of council who so vote in violation of this

22

provision and who know that the transaction upon which they so

23

vote is or ought to be a part of a larger transaction and that

24

it is being divided in order to evade the requirements as to

25

advertising for bids, shall be jointly and severally subject to

26

surcharge for ten percent of the full amount of the contract or

27

purchase. Whenever it shall appear that a member of council may

28

have voted in violation of this section but the purchase or

29

contract on which [he so] the member of council voted was not

30

approved by council, this section shall be inapplicable.

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1

(b)  Any council member who votes to unlawfully evade the

2

provisions of section 1402 and who knows that the transaction

3

upon which he so votes is or ought to be a part of a larger

4

transaction and that it is being divided in order to evade the

5

requirements as to advertising for bids commits a misdemeanor of

6

the third degree for each contract entered into as a direct

7

result of that vote. This penalty shall be in addition to any

8

surcharge which may be assessed pursuant to subsection (a).

9

Section 178.  Section 1404 of the act, amended June 25, 2001

10

(P.L.651, No.56), is amended to read:

11

Section 1404.  [Penalty for] Personal Interest in Contracts

12

or Purchases.--[Except as otherwise provided in this act, no

13

borough official either elected or appointed, who knows or who

14

by the exercise of reasonable diligence could know, shall be

15

interested to any appreciable degree either directly or

16

indirectly in any purchase made or contract entered into or

17

expenditure of money made by the borough or relating to the

18

business of the borough, involving the expenditure by the

19

borough of more than one thousand dollars ($1000) in any

20

calendar year, but this limitation shall not apply to cases

21

where such officer or appointee of the borough is an employe of

22

the person, firm or corporation to which the money is to be paid

23

in a capacity with no possible influence on the transaction, and

24

in which he cannot be possibly benefited thereby either

25

financially or otherwise. But in the case of a member of council

26

or mayor, if he knows that he is within the exception just

27

mentioned he shall so inform council and shall refrain from

28

voting on the expenditure or any ordinance relating thereto, and

29

shall in no manner participate therein. Any official or

30

appointee who shall knowingly violate the provisions of this

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1

section shall be subject to surcharge to the extent of the

2

damage shown to be thereby sustained by the borough and to

3

ouster from office, and shall be guilty of a misdemeanor, and

4

upon conviction thereof shall be sentenced to pay a fine not

5

exceeding one thousand dollars ($1000), or not exceeding one

6

hundred eighty days' imprisonment, or both] Elected and

7

appointed borough officials and borough employes shall be

8

restricted from any interest in borough contracts and purchases

9

to the extent provided in 65 Pa.C.S. Ch. 11 (relating to ethics

10

standards and financial disclosure).

11

Section 179.  Section 1404.1 of the act, added December 1,

12

1977 (P.L.245, No.80), is amended to read:

13

Section 1404.1.  Purchase Contracts for Petroleum Products;

14

Fire Company, Etc., Participation.--The council of each borough

15

shall have power to permit, subject to such terms and conditions

16

as it may, and as hereinafter specifically provided, shall,

17

prescribe any paid or volunteer fire company, paid or volunteer

18

rescue company and paid or volunteer ambulance company in the

19

borough to participate in purchase contracts for petroleum

20

products entered into by the borough. Any such company desiring

21

to participate in [such] purchase contracts shall file with the

22

borough secretary a request that it be authorized to participate

23

in contracts for the purchase of petroleum products of the

24

borough and agreeing that it will be bound by [such] the terms

25

and conditions as the borough may, and as hereinafter

26

specifically provided, shall, prescribe and that it will be

27

responsible for payment directly to the vendor under each

28

purchase contract. Among [such] the terms and conditions, the

29

borough shall prescribe that all prices shall be F.O.B.

30

destination.

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1

Section 180.  Section 1405 of the act, amended July 10, 1990

<--

2

(P.L.383, No.90) November 3, 2011 (P.L.381, No.92), is amended

<--

3

to read:

4

Section 1405.  Separate Bids for Plumbing, Heating,

5

Ventilating and Electrical Work.--In the preparation for the

6

erection, construction and alteration of any public building,

7

when the entire cost of [such] the work shall exceed ten

<--

8

thousand dollars ($10,000) the amount specified or adjusted

<--

9

under section 1402(a), the architect, engineer, or other person

10

preparing [such] the specifications may, if so requested by the

11

borough council, prepare separate specifications for the

12

plumbing, heating, ventilating and electrical work. The person

13

or persons authorized to enter into contracts for the erection,

14

construction or alteration of [such] the public buildings may,

15

if [such] the separate specifications shall have been proposed,

16

receive separate bids upon each of the [said] branches of work

17

and shall [thereupon] award the contract [for the same] to the

18

lowest responsible bidder for each of [said] the branches.

19

Section 181.  Section 1406 of the act, amended October 9,

20

1967 (P.L.380, No.171), is amended to read:

21

Section 1406.  Bonds for the Protection of Labor and

22

[Materialmen] Materials.--[It shall be the duty of every borough

23

to require any person, copartnership, association, or

24

corporation, entering into a contract with such borough for the

25

construction, erection, installation, completion, alteration,

26

repair of, or addition to, any public work or improvement of any

27

kind whatsoever, where the amount of such contract is in excess

28

of one thousand five hundred dollars ($1,500), before commencing

29

work under such contract, to execute and deliver to such

30

borough, in addition to any other bond which may now or

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1

hereafter be required by law to be given in connection with such

2

contract, an additional bond for the use of any and every

3

person, copartnership, association, or corporation interested,

4

in a sum not less than fifty percent and not more than one

5

hundred percent of the contract price, as such borough may

6

prescribe, having as surety thereon one or more surety companies

7

legally authorized to do business in this Commonwealth,

8

conditioned for the prompt payment of all material furnished and

9

labor supplied or performed in the prosecution of the work,

10

whether or not the said material or labor enter into and become

11

component parts of the work or improvement contemplated. Such

12

additional bond shall be deposited with and held by the borough

13

for the use of any party interested therein. Every such

14

additional bond shall provide that every person, copartnership,

15

association, or corporation, who, whether as subcontractor or

16

otherwise, has furnished material or supplied or performed labor

17

in the prosecution of the work as above provided, and who has

18

not been paid therefor, may sue in assumpsit on said additional

19

bond, in the name of the borough, for his, their or its use and

20

prosecute the same to final judgment for such sum or sums as may

21

be justly due him, them, or it and have execution thereof;

22

provided, the borough shall not be liable for the payment of any

23

costs or expense of any suit.] Before any contract exceeding ten

24

thousand dollars ($10,000) is awarded to any prime contractor or

25

construction manager for the construction, erection,

26

installation, completion, alteration, repair of or addition to

27

any public work or improvement of any kind, the contractor shall

28

furnish to the borough a payment bond for the protection of

29

claimants supplying labor or materials to the prime contractor

30

to whom the contract is awarded, at one hundred percent of the

- 290 -

 


1

contract amount, conditioned for the prompt payment of all

2

materials furnished or labor supplied or performed in the

3

prosecution of the contract under the act of December 20, 1967

4

(P.L.869, No.385), known as the "Public Works Contractors' Bond

5

Law of 1967." This bond requirement shall be in addition to any

6

other bond requirement that may now or hereafter be required by

7

law to be given in connection with the contract.

8

Section 182.  Section 1407 of the act is repealed:

9

[Section 1407.  Minimum Wage Specifications in Contracts.--

10

The specifications upon which contracts are entered into by any

11

borough for the construction, alteration or repair of any public

12

work or improvement may, at the option of the borough council,

13

contain the minimum wage or wages which may be paid by the

14

contractor or his subcontractors for the work performed by

15

laborers and mechanics employed on such public work or

16

improvement, and such laborers and mechanics shall in such cases

17

be paid not less than such minimum wage or wages.

18

Every contract for the construction, alteration or repair of

19

any public work or improvement, founded on specifications

20

containing any such stipulation for minimum wage or wages, shall

21

stipulate a penalty of an amount equal to twice the difference

22

between the minimum wage contained in said specifications and

23

the wage actually paid to each laborer or mechanic for each day

24

during which he shall have been employed at a wage less than

25

that prescribed in said specifications.

26

Every officer or person designated as an inspector of or

27

having supervision over the work to be performed under any such

28

contract, in order to aid in enforcing the fulfillment thereof,

29

shall, upon observation or investigation, report to the borough

30

council or agency which let the contract, all violations of

- 291 -

 


1

minimum wage stipulations, together with the name of each

2

laborer or mechanic who has been paid a wage less than

3

prescribed by the specifications, and the day or days of such

4

violation.

5

All such penalties shall be withheld and deducted for the use

6

of the borough from any moneys due the contractor by the officer

7

or person whose duty it shall be to authorize the payment of

8

moneys due such contractor, whether the violation of the minimum

9

stipulation of the specifications was by the contractor or by

10

any of his subcontractors. If any such contractor or

11

subcontractor subsequently pays to all laborers and mechanics

12

the balance of the amounts stipulated in such contract, the

13

borough shall pay to the contractor the amounts so withheld as

14

penalties.]

15

Section 183.  Section 1410 of the act is amended to read:

16

Section 1410.  Acceptance by Contractor of [Workmen's]

17

Workers' Compensation Act.--All contracts executed by any

18

borough, or any officer [thereof] of a borough, which involves

19

the construction or doing of any work involving the employment

20

of labor, shall contain a provision that the contractor shall

21

accept, insofar as the work covered by [any such] the contract

22

is concerned, the provisions of the [Workmen's Compensation Act

23

of 1915,] act of June 2, 1915 (P.L.736, No.338), known as the

24

"Workers' Compensation Act," and the supplements and amendments

25

[thereto] to the act, and that the [said] contractor will insure

26

his or her liability [thereunder] under the act and will file

27

with the borough with which the contract is made a certificate

28

of insurance providing evidence of such coverage, or file with

29

the borough with which the contract is made a certificate of

30

exemption from insurance from the Bureau of [Workmen's] Workers' 

- 292 -

 


1

Compensation of the Department of Labor and Industry. The

2

certificate of exemption from insurance may be issued on the

3

basis of either individual self-insurance or group self-

4

insurance. Additionally, a contractor shall file with the

5

borough with which the contract is made any applications to be

6

excepted by the provisions of the "Workers' Compensation Act" in

7

respect to certain employes on religious grounds if the

8

applications have been accepted by the Department of Labor and

9

Industry.

10

Any contract executed in violation of this section shall be

11

null and void.

12

Section 184.  Section 1411 of the act, amended July 10, 1981

13

(P.L.247, No.80), is repealed:

14

[Section 1411.  Architects and Engineers Employed Prohibited

15

From Bidding on Public Works; Penalty.--It shall be unlawful for

16

any architect or engineer, in the employ of any borough, and

17

engaged in the preparation of plans, specifications or

18

estimates, to bid or negotiate on any public work at any letting

19

of such work by the borough, except that any such architect or

20

engineer who shall have prepared preliminary plans only shall

21

not be prohibited from bidding or negotiating on the final

22

contract for such work.

23

It shall be unlawful for the officers of any borough charged

24

with the duty of letting any public work, to award a contract to

25

any such architect or engineer, in the employ of the borough to

26

be in any way interested in any contract for public work for the

27

borough or to receive any remuneration or gratuity from any

28

person interested in such contract except under the terms and

29

conditions as provided in section 1402(f).

30

Any person violating any of the provisions of this section

- 293 -

 


1

shall forfeit his office, and shall be guilty of a misdemeanor,

2

and on conviction thereof, shall be sentenced to pay a fine not

3

exceeding five hundred dollars ($500), or to undergo

4

imprisonment for not more than six months, or both.]

5

Section 185.  Article XV heading of the act is amended to

6

read:

7

ARTICLE XV

8

EMINENT DOMAIN; ASSESSMENT OF DAMAGES [AND

9

BENEFITS]; DAMAGES FOR INJURY TO PROPERTY

10

Section 186.  Article XV subdivision (a) heading of the act

11

is reenacted to read:

12

(a)  General Provisions Relating to Eminent Domain

13

Section 187.  Sections 1501 and 1502 of the act are amended

14

to read:

15

Section 1501.  Exercise of Eminent Domain.--In the laying

16

out, opening, widening, extending, vacating, grading, or

17

changing the grades or lines of streets; the construction of

18

bridges, and the piers and abutments therefor; the construction

19

of slopes, embankments, and sewers; the erection and extension

20

of [waterworks] water systems, wharves, and docks, public

21

buildings, public auditoriums, memorials, monuments, public

22

works, filtration plants, sewerage systems, sewage treatment

23

works, [garbage] refuse disposal or incineration plants,

24

sanitary landfills, gas plants, electric light plants and

25

libraries; the establishing of parks, playgrounds and recreation

26

places; the changing of watercourses; and for all other purposes

27

authorized by this act, a borough may enter upon, appropriate,

28

injure, or destroy, private lands, property or material, or

29

lands previously granted or dedicated to public use and which

30

are no longer used for the purpose for which the lands were

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1

granted, according to the proceedings set forth in the law

2

governing eminent domain.

3

Section 1502.  Restrictions as to Certain Property.--(a)  In

4

addition to [the] any restrictions made by other provisions of

5

this act in particular cases, no borough shall exercise the

6

right of eminent domain as against land now occupied by any

7

building which was used during the Colonial or Revolutionary

8

period as a place of assembly by the Council of the Colony of

9

Pennsylvania, the Supreme Executive Council of the Commonwealth

10

of Pennsylvania, or the Congress of the United States; or as

11

against the land occupied by any fort, redoubt, or blockhouse

12

erected during the Colonial or Revolutionary period, or any

13

building used as headquarters by the Commander-in-Chief of the

14

Continental Army; or as against the site of any building, fort,

15

redoubt, blockhouse, or headquarters, which are preserved for

16

their historic associations and not for private profit. The

17

Colonial and Revolutionary period shall be taken as ended on

18

September 3, 1783.

19

(b)  No land or property used for a cemetery, burying ground

20

or place of public worship may be taken or appropriated by

21

virtue of any power contained in this article.

22

Section 188.  The act is amended by adding a section to read:

23

Section 1502.1.  Declaration of Intention.--A borough shall

24

declare its intention to acquire, enter upon, take, use and

25

appropriate any private property or land for any of the purposes

26

authorized by this article through a duly enacted ordinance.

27

Section 189.  Section 1503 of the act, added October 9, 1967

28

(P.L.399, No.181), is amended to read:

29

Section 1503.  Application of [the Act of June 22, 1964 (P.L.

30

84)] 26 Pa.C.S..--[Notwithstanding any of the provisions of this

- 295 -

 


1

act, all] All eminent domain proceedings shall conform to the

2

provisions of [the act of June 22, 1964 (P.L.84), known as the

3

"Eminent Domain Code."] 26 Pa.C.S. (relating to eminent domain),

4

including, but not limited to, payment of damages and costs.

5

Section 190.  Article XV subdivision (b) heading and section

6

1525 of the act, repealed in part April 28, 1978 (P.L.202,

7

No.53), are repealed:

8

[(b)  Procedure for the Assessment of Benefits by Viewers

9

Section 1525.  Assessment of Benefits.--The viewers shall

10

assess the total cost of the improvement, or so much thereof as

11

may be just and reasonable, upon the lands or properties

12

peculiarly benefited.]

13

Section 191.  Section 1547 of the act is repealed:

14

[Section 1547.  Assessments to Bear Interest.--All

15

assessments for benefits, costs, and expenses shall bear

16

interest at six percent per annum from the expiration of thirty

17

days after they shall have been finally ascertained, and shall

18

be payable to the treasurer of the borough.]

19

Section 192.  Article XV subdivision (c) heading of the act

20

is reenacted to read:

21

(c)  Damages for Injury to Property

22

Section 193.  Section 1561 of the act is amended to read:

23

Section 1561.  Right to Damage Given in Certain Cases.--The

24

right to damage against boroughs is given to all owners or

25

tenants of lands, property, or material, abutting on, or through

26

which pass, streets, injured by the vacating of [such] the 

27

streets, or the vacation of bridges and piers, abutments and

28

approaches therefor.

29

Section 194.  Sections 1562, 1563 and 1565 and Article XVI

30

heading of the act are repealed:

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1

[Section 1562.  Juries of View to Assess Damages and

2

Benefits.--All juries of view for assessing damages for taking,

3

using, occupying, or injuring land, property, or material, are

4

directed to assess the damages, provided for in the preceding

5

section, against boroughs, and the benefits in connection

6

therewith, and make a report thereof to the court.

7

Section 1563.  Appeals from Viewers' Reports.--The right of

8

appeal to the court of common pleas, the right of trial by jury,

9

and the right to file exceptions are given to any party not

10

satisfied with such report.

11

Section 1565.  Damages for Vacations.--Whenever viewers are

12

appointed to vacate any street, and the vacation of the same

13

takes no land from the owner abutting thereon, if, in the

14

opinion of the viewers, such vacation damages the property of

15

the abutting owner, they may award damages to such owner as

16

though land has been actually taken, and such damages shall be

17

ascertained as provided in the law governing eminent domain.

18

ARTICLE XVI

19

LAND SUBDIVISION]

20

Section 195.  Article XVII heading and Article XVII

21

subdivision (a) heading of the act are reenacted to read:

22

ARTICLE XVII

23

STREETS

24

(a)  General Provisions Relating to Streets

25

Section 196.  Section 1701 of the act is amended to read:

26

Section 1701.  Definitions.--The following words and terms,

27

as used in this article, shall be construed as follows:

28

(1)  "Street" shall mean and include any street, [as defined

29

in section 111 of this act] road, lane, court, cul-de-sac,

30

alley, public way and public square, either for or intended for

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1

public use, and shall include the cartway, sidewalk, gutter,

2

[and/or] and the right-of-way area, whether or not [such] the 

3

street, or any part [thereof] of the street, is owned in fee by

4

others than the borough. Streets shall be of two classes, opened

5

and unopened.

6

(2)  "Opened streets" shall mean and include all streets

7

within the borough used as public passageways.

8

(3)  "Unopened streets" shall mean and include all streets

9

within the borough [not] neither used as a public passageway,

10

nor accepted or maintained, but [placed on the] plotted in one

11

of the following:

12

(i)  a borough plan [for future or prospective use, or placed

13

on the plan of a real estate project, or referred to in

14

individual deeds.] or official map adopted in accordance with

15

the "Pennsylvania Municipalities Planning Code";

16

(ii)  an ordinance laying out the street in accordance with

17

this article;

18

(iii)  a subdivision or land development plan; or

19

(iv)  an individual deed.

20

(4)  "Laying out" shall mean and include the plotting of an

21

unopened street or portion [thereof] of the street on [the] a 

22

borough plan [or on the plan of a real estate development] or

23

official map adopted in accordance with the "Pennsylvania

24

Municipalities Planning Code," on a subdivision or land

25

development plan or by the enactment of an ordinance adopted in

26

accordance with this article, and shall include the plotting of

27

an unopened street in any case where any of the lines of the

28

same are proposed to be revised, or in any case where the same

29

was never previously laid out, although [such] the street may

30

have been opened and used.

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1

(5)  "Opening a street" shall mean and include the

2

construction and grading of a street or portion thereof and the

3

act of physically taking possession of an area or laid-out

4

street for the purpose of making the same usable to the

5

traveling public.

6

(6)  "Improving a street" shall mean and include any work

7

upon any street or portion thereof done or proposed to be done

8

in order to open the same, if [such] the street shall not

9

previously have been opened, or if previously opened, to make

10

the same more usable, or more suitable for use by the traveling

11

public or safer for such use, and shall include, but shall not

12

be limited to grading, paving, curbing and macadamizing.

13

(7)  "Portion [thereof]" shall mean and include a portion

14

either of the width or of the length of a street and, therefore,

15

opening a portion of a street may mean extending or widening a

16

street, and vacating a portion of a street may mean closing or

17

narrowing a street.

18

(8)  "Personal notice" shall mean and include notice upon the

19

owner of a premises either by personal service upon [such] the 

20

owner or by certified mail to [such] the owner at [his] the

21

owner's last known address, or where service shall not have been

22

successfully made by either of the two methods first mentioned

23

herein, then by leaving such notice at or upon [such] the 

24

premises.

25

(9)  "Person" shall mean and include a natural person,

26

association, firm, corporation or political subdivision.

27

Section 197.  Sections 1702 and 1703 of the act are repealed:

28

[Section 1702.  Right of Borough to Take Over Streets.--Any

29

borough shall have the right at any time to take over, by laying

30

out and/or opening the same--

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1

(1)  Any street as it appears upon the borough plan;

2

(2)  Any street, or portion thereof, which the borough shall

3

determine to acquire by the exercise of its rights under the

4

power of eminent domain, by following the procedure set forth in

5

the law governing eminent domain;

6

(3)  Any street to which the public shall have acquired

7

rights by constant use over a period exceeding twenty-one years;

8

(4)  Any street or portion thereof, laid out or constructed

9

by any person, which the borough shall see fit to take over or

10

accept as provided in this article.

11

Section 1703.  Dedication of Streets Privately Constructed.--

12

No borough shall acquire any right in or responsibility for any

13

street privately constructed until dedication of such street

14

shall have been presented to and accepted by the borough and

15

until such dedication shall have been recorded in the county

16

office for the recording of deeds.]

17

Section 198.  Section 1704 of the act is amended to read:

18

Section 1704.  Streets Connecting With Street of Other

19

Municipality [or Township].--No action shall be taken under this

20

article that would result in the change of location or grade, or

21

the vacation of any street or portion thereof that connects with

22

a street of another municipality [or township], without approval

23

of the court of [quarter sessions] common pleas of the county in

24

which [such] the municipality [or township] is located, unless

25

[such] the municipality [or township] shall itself first file

26

with the borough secretary its approval of [such] the proposed

27

action.

28

Section 199.  Sections 1705 and 1706 of the act are reenacted

29

to read:

30

Section 1705.  Entry on Land to Maintain Marks and

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1

Monuments.--The borough council, its agents and employes, may

2

enter upon any land or property, and maintain marks and

3

monuments, so far as the council may deem necessary, in carrying

4

out its powers and duties under this article.

5

Section 1706.  Exclusive Nature of Provisions.--The

6

provisions in this article, as applicable to the dedication,

7

acceptance, laying out, opening and vacation of streets, shall

8

be exclusive, and no streets shall be acquired, laid out, opened

9

or vacated by any borough except under such provisions.

10

Section 200.  The act is amended by adding sections to read:

11

Section 1707.  Failure of Council to Hold Hearing.--If, after

12

the filing of a petition pursuant to this article, council fails

13

to hold a required hearing, any aggrieved party may file a

14

mandamus action in the court of common pleas requesting that a

15

hearing be held.

16

Section 1708.  Street Lighting, Ornamental Lighting and

17

Traffic Control Signals and Devices.--Council may provide street

18

lights and ornamental lighting and make regulations for the

19

protection of lighting. Council may assess the costs for the

20

erection of lighting in accordance with Article XXI-A. Council

21

may provide for the erection, maintenance and operation of

22

traffic control signals and devices in accordance with 75

23

Pa.C.S. (relating to vehicles).

24

Section 201.  Article XVII subdivision (b) heading of the act

25

is reenacted to read:

26

(b)  Plan of Streets

27

Section 202.  The act is amended by adding a section to read:

28

Section 1712.  Borough Street Plan.--(a)  A borough that has

29

not maintained an accurate plan of borough streets adopted in

30

accordance with this act prior to the effective date of this

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1

section may only adopt a plan of streets pursuant to the

2

"Pennsylvania Municipalities Planning Code," governing the

3

adoption of an official map.

4

(b)  If a borough maintains a plan of streets adopted prior

5

to the effective date of this section, or maintains an official

6

map containing opened and unopened streets, a street laid out in

7

accordance with this act by ordinance or by final approval of a

8

subdivision or land development plan shall be deemed an

9

amendment to the plan. Notwithstanding any other provision of

10

law, a deemed amendment as provided in this section and any

11

subsequent placement of the street on a plan shall not be

12

subject to public notice or public hearing, provided that the

13

street has been laid out in accordance with the requirements of

14

this article.

15

(c)  The maintenance of a plan of streets or official map

16

shall not be required in order for a borough to lay out streets

17

in accordance with section 1721.2(b) or lay out and open a

18

street in accordance with section 1724.

19

Section 203.  Article XVII subdivision (c) heading of the act

20

is reenacted to read:

21

(c)  Laying Out Streets

22

Section 204.  The act is amended by adding sections to read:

23

Section 1721.1.  Power to Lay Out, Open, Etc.--(a)  In

24

accordance with the provisions of this article, boroughs may,

25

with or without petition of abutting property owners, lay out,

26

open, widen, straighten, alter, extend and improve, and may

27

establish or reestablish the grades of, and keep in order and

28

repair and in safe passable condition, any street or portion of

29

a street within the borough limits, or may vacate the same

30

whenever deemed expedient for the public good and provide for

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1

the costs of alteration.

2

(b)  Boroughs may lay out or open:

3

(1)  any street, or portion of a street, as it appears upon a

4

borough plan, or an official map adopted in accordance with the

5

"Pennsylvania Municipalities Planning Code," or is described in

6

an ordinance adopted in accordance with this article;

7

(2)  any street, or portion of a street, which the borough

8

shall determine to acquire by eminent domain;

9

(3)  any street to which the public shall have acquired

10

rights by constant use over a period exceeding twenty-one years;

11

or

12

(4)  any street or portion of a street, laid out or

13

constructed by any person, which the borough shall see fit to

14

open or accept as provided in this article.

15

Section 1721.2.  Laying Out Streets; Procedure.--(a)  Any

16

street identified in a plan of streets, an official map adopted

17

in accordance with the "Pennsylvania Municipalities Planning

18

Code," or identified in a recorded subdivision or land

19

development plan shall be deemed to be laid out for purposes of

20

this act.

21

(b)  Boroughs shall have the authority, by ordinance, to lay

22

out any area for future opening as a public street. The proposed

23

ordinance laying out such street shall be advertised in a

24

newspaper of general circulation once a week for two successive

<--

25

weeks. On or before the publication of the first advertisement,

26

personal notice shall be provided to all owners of any property

27

abutting the proposed street or through which the proposed

28

street is to be laid out, and, if the proposed street will lead

29

into an adjacent municipality, a copy of the proposed ordinance

30

shall be sent to the adjacent municipality. The proposed

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1

ordinance shall have appended to the ordinance or referenced a

2

map sufficient to apprise the public of the proposed location,

3

profile and dimensions of the street, and shall list the names

4

of the owners of any property through which the proposed street

5

has been laid out.

6

(c)  Within ten days after the second publication of the

7

notice required in subsection (b), any interested party may

8

petition council for a hearing, which council shall hold within

9

sixty days after the date of the petition. Council shall give at

10

least fifteen days' notice of the hearing in a newspaper of

<--

11

general circulation and by personal notice to persons entitled

12

to such notice under subsection (b). Council may enact the

13

ordinance no later than thirty days following the date of the

14

hearing, or, where no timely petition has been filed, within

15

thirty days of the second publication of the notice required by

16

subsection (b). The enactment of the ordinance shall constitute

17

public notice of the borough's intent to recognize the street

18

within the system of borough streets and the borough's rights in

19

the street. Within thirty days of the enactment of the

20

ordinance, any party aggrieved by council's action may appeal to

21

the court of common pleas.

22

(d)  If, at the time of the enactment of an ordinance in

23

accordance with subsection (c), the lines of the laid out street

24

include property not subject to use as a public passageway, the

25

ordinance shall be filed with the recorder of deeds of the

26

county where the borough is located. The recorder of deeds shall

27

index the ordinance by name of borough, name of the property

28

owner, and, if applicable, parcel number, of the property

29

through which the proposed street is laid out.

30

(e)  Whenever a street shall have been laid out by ordinance

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1

as provided in this section, the owner or subsequent owner shall

2

have no right to damages for buildings or improvements placed on

3

streets after the date of enactment, and the buildings or

4

improvements shall be removed at the expense of the landowner

5

after the opening of the street in accordance with this act.

6

(f)  The laying out of a street, without opening the street,

7

shall create no right to public use of the street and shall not

8

constitute the taking or acceptance of any property or obligate

9

the borough to improve or maintain the street or the property on

10

which the street has been laid out.

11

(g)  Nothing in this section may affect the validity or legal

12

effect of a street laid out in accordance with law prior to the

13

effective date of this section.

14

Section 205.  Section 1723 of the act is repealed:

15

[Section 1723.  Effect of Laying Out Street Without Opening

16

Thereof.--The laying out of a street, without opening the same,

17

shall create no right to public use of such street.]

18

Section 206.  Section 1724 of the act, amended April 28, 1978

19

(P.L.76, No.36) and repealed in part October 5, 1980 (P.L.693,

20

No.142), is amended to read:

21

Section 1724.  Effect of [Failure to Open Street After its]

22

Laying Out Street.--(a)  At any time after any street or portion

23

thereof shall have remained laid out but not opened for a period

24

of ten years or longer, any owner or owners of fifty percent of

25

the front feet of the land over which [such] the street or

26

portion thereof was laid out may petition the borough council to

27

[remove such street from the plan of streets and to] cancel the

28

laying out [thereof] of the street. Council shall thereupon,

29

following at least fifteen days' notice in a newspaper [of

<--

30

general circulation [in the borough], and at least fifteen days'

<--

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1

personal notice to the owners of all real estate abutting upon

2

the land over which [such] the street or portion [thereof] of

3

the street was laid out, hold a public hearing on the matter.

4

Council may, on motion, deny the petition, or, by ordinance,

5

grant [such] the petition and [remove such street or portion

6

thereof from the borough plan and] cancel the laying out

7

thereof. Any person aggrieved by the decision of the council,

8

either granting or denying [such] the petition, may appeal

9

therefrom. The ordinance providing for the cancellation of the

10

laying out of a street shall be filed with the recorder of deeds

11

in accordance with section 1721.2(d).

12

(b)  Whenever any street shall have been laid out and shall

13

not have been opened to, or used by the public for a period of

14

twenty-one years, [such] the street shall not thereafter be

15

opened without the consent of at least fifty-one percent of the

16

number of owners of the abutting real estate and without the

17

consent of the owners of at least fifty-one percent of the

18

property abutting [such] the street, based on a front foot

19

basis.

20

Section 207.  Article XVII subdivision (d) heading and

21

sections 1731, 1732, 1733, 1734 and 1735 of the act are amended

22

to read:

23

(d)  Opening [and Acceptance of Streets]; Acceptance

24

and Vacation of Streets

25

Section 1731.  Authority to Open and Vacate Streets;

26

Procedure.--[Any borough] (a)  Council shall have authority, by

27

ordinance [(i)], to [open]:

28

(1)  Open any street or portion thereof previously laid

29

out[;] or [(ii)] simultaneously to lay out and open any street

30

or portion thereof. Any street or portion [thereof] of a street 

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1

so opened shall be a public street of the borough. [No such

2

ordinance shall become effective until thirty days after the

3

enactment thereof. Within ten days after the enactment of any

4

such ordinance, the borough shall give personal notice to the

5

owners of all property abutting the street so proposed to be

6

opened. During such thirty-day period between the enactment and

7

taking effect of such ordinance, any interested party may

8

petition council for a hearing, which council shall hold within

9

thirty days after the date of such petition, and of which the

10

borough shall give at least fifteen days' notice in a newspaper

11

of general circulation in the borough. Any such petition shall

12

serve to stay the effective date of such ordinance, until

13

council shall have held such hearing and shall have acted upon

14

such petition by motion, or, in case of further appeal, until

15

the court shall have finally disposed of the matter. After such

16

hearing and within thirty days after action by council upon such

17

petition, any party aggrieved by council's action thereupon may

18

appeal to the court of quarter sessions.]

19

(2)  Vacate or close any street or portion of a street

20

previously opened or laid out, provided that no street or

21

portion of a street providing the sole means of access to any

22

tract of land shall be vacated without the consent of those to

23

whom access would be denied. Vacation of a street shall

24

terminate all public right in or to the street but shall not

25

affect any private rights acquired by any of the owners of

26

abutting property.

27

(b)  The proposed ordinance, opening or vacating any street

28

or portion of a street shall be advertised in a newspaper of

<--

29

general circulation once a week for two successive weeks. On or

30

before the publication of the first advertisement, personal

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1

notice shall be provided to all owners of any property abutting

2

the street proposed to be opened or vacated. The proposed

3

ordinance shall have appended to it or shall reference a map or

4

a survey sufficient to apprise the public of the proposed

5

location, profile and dimensions of the street, and shall list

6

the names of the owners of any property abutting the street.

7

(c)  Within ten days after the second publication of the

8

notice required under subsection (b), any interested party may

9

petition council for a hearing, which council shall hold within

10

sixty days after the date of the petition. Council shall give at

11

least fifteen days' notice of the hearing in a newspaper of

<--

12

general circulation and by personal notice to persons entitled

13

to notice under subsection (b). Council may enact the ordinance

14

no later than thirty days following the date of the hearing or,

15

where no timely petition has been filed, within thirty days of

16

the second publication of the notice required under subsection

17

(b). Within thirty days of the enactment of the ordinance, any

18

party aggrieved by council's action may appeal to the court of

19

common pleas.

20

Section 1732.  Petition for Opening or Vacating Street;

21

Action Thereon.--(a)  Any person or persons, constituting a

22

majority in number and interest of the owner of the real estate

23

abutting upon any area not opened as a street or abutting upon

24

an existing street or portion of a street, may petition the

25

council to [open]:

26

(1)  Open or lay out and open such area as a street or

27

portion thereof.

28

(2)  Vacate a street or portion of a street.

29

(b)  Council shall hold a hearing [upon such] after receiving

30

a petition filed with council in accordance with subsection (a),

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1

following at least fifteen days' personal notice to all owners

2

of abutting real estate not joining in [such] the petition, and

3

following at least fifteen days' notice thereof in a newspaper

4

[of general circulation [in the borough]. Following such

<--

5

hearing, council shall either by motion deny [such] the petition

6

or by ordinance open, [or] lay out and open [such] or vacate the 

7

street or portion [thereof] of the street. All provisions of

8

section 1731 [hereof] applicable to ordinances enacted by

9

authority of that section shall apply to ordinances enacted by

10

authority of this section.

11

(c)  A petition for the vacation of any street or portion of

12

a street may release the borough from all damages sustained as a

13

result of the vacation if the petition is signed by the owners

14

of all the property abutting upon the street or portion of the

15

street and, where the release shall have been included in the

16

petition, no proceedings for award of damages may be had and no

17

damages as a result of the vacation shall under any conditions

18

be awarded to any abutting property owner.

19

Section 1733.  [Procedure for Opening Street;] Action for

20

Damages and Benefits; Award [Thereof].--(a)  Upon the effective

21

date of an ordinance enacted to open a street or portion of a

22

street by authority of section 1731 or 1732 [hereof], the

23

borough shall have authority to enter upon and take possession

24

of the street or portion thereof opened by [such] the ordinance,

25

if no structures are upon [such] the street. If any structure

26

shall have been located upon [such] the street or portion

27

[thereof] of the street so opened, prior to the laying out of

28

[such] the street or prior to the simultaneous laying out and

29

opening [thereof, such] of the street, the street shall not be

30

opened until the owner of [such] the structure shall have been

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1

given sixty days' personal notice to vacate the same. [If any of

2

the parties cannot agree upon damages sustained by reason of the

3

opening of any street or portion thereof, such damages shall be

4

assessed by a jury of view under the provisions of the law

5

governing eminent domain.] Council shall not be required to file

6

any bond or security for the exercise of the right granted by

7

this section.

8

(b)  All parties whose ground is taken in the opening of a

9

street or portion [thereof] of the street shall have three years

10

from and after the effective date of the ordinance opening

11

[such] the street or portion [thereof] of the street in which to

12

bring an action for damages resulting [therefrom] from the

13

opening of the street or portion of the street. In case of the

14

assessment of damages for the opening of any street or portion

15

[thereof] of the street, the award of damages, if any, shall

16

include all damages resulting from the grade at which [such] the 

17

street or portion [thereof] of the street is to be opened; the

18

plan attached to the report of the viewers awarding the damages

19

shall [have therein] include a profile plan showing the existing

20

grade as well as the grade to which [such] the street or portion

21

[thereof] of the street is to be opened. Any costs and expenses

22

which cannot be assessed upon property benefited shall be paid

23

by the borough.

24

(c)  If the parties cannot agree upon damages sustained by

25

reason of the opening or vacation of any street or portion of a

26

street, the damages shall be assessed by a jury of view under

27

the law governing eminent domain.

28

Section 1734.  Acceptance and Dedication of Streets.--(a)  

29

Any borough may, by ordinance, accept any opened street not

30

previously dedicated to or laid out by the borough, by following

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1

the procedure set forth in section 1731 or 1732 [hereof], and

2

the effect of [such] the acceptance shall be the same as of

3

opening [such street: Provided, That no] the street. No street

4

may be accepted unless [such] the street connects with at least

5

one other previously opened street or State highway.

6

(b)  No borough shall acquire any right in or responsibility

7

for any street privately constructed until dedication of the

8

street shall have been presented to and accepted by the borough

9

and until the dedication shall have been recorded in the county

10

office for the recording of deeds.

11

Section 1735.  Streets Not to Be Constructed, or Dedicated or

12

Opened to Travel Without the Approval of Council.--(a)  No

13

person shall construct, dedicate, or open to travel any street,

14

or any drainage facilities in connection [therewith] with the

15

street, for public use or travel or for the common use of

16

occupants of buildings abutting thereon in any borough, without

17

first submitting suitable plans [thereof] to the council [for

18

its approval. Such] and obtaining its approval. The plans shall

19

be prepared in accordance with [such] rules and regulations as

20

may be prescribed by the council, and shall show the profiles of

21

[such] the street, the course, structure and capacity of any

22

drainage facilities, and the method of drainage of the adjacent

23

or contiguous territory, and also any other or further details

24

that may be required under the rules or regulations adopted by

25

the council.

26

(b)  The provisions of the "Pennsylvania Municipalities

27

Planning Code" shall govern the construction, security

28

requirements and dedication of streets and connected drainage

29

facilities when the streets proposed to be constructed are part

30

of a plan required by an ordinance adopted pursuant to the

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1

"Pennsylvania Municipalities Planning Code."

2

(c)  Before acting upon [any such] plans not subject to

3

review under subsection (b), [the] council may, at its

4

discretion, arrange for a public hearing after giving such

5

notice as it may deem desirable in each case. [The council is

6

authorized to] Council may alter [such] the plans, and [to]

7

specify [any] changes or modifications of any [kinds, which it

8

may deem necessary with respect thereto,] kind and may make its

9

approval of [such] the plans subject to [any such] alterations,

10

changes or modifications. Any plans, when so approved, shall be

11

signed on behalf of the borough by such officer as the council

12

may designate, and shall be filed where the same shall be

13

available to public inspection among the records of the borough

14

at all reasonable times. [No street, or any drainage facilities

15

in connection therewith, shall be constructed or dedicated for

16

public use or travel, except in strict accordance with plans so

17

approved by the council, or with further plans subsequently

18

approved by it in the same manner.

19

In any case where council has heretofore required or shall

20

hereafter require the construction or improvement of streets or

21

parts of streets, or of any drainage facilities in connection

22

therewith, or the posting of a bond or other security for so

23

doing, within any parts or subdivisions of a borough, as a

24

condition to approval of any plan thereof, and the materials or

25

other specifications for such construction or improvements are

26

required by the borough to be of better quality or type or

27

otherwise superior to and more costly than those of most of the

28

already existing streets and drainage facilities in connection

29

therewith of the borough, or of the particular zone of the

30

borough, in case it has a zoning ordinance, the cost of such

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1

construction or improvement shall be allocated and paid in

2

accordance with the provisions of section 1761 of this act, and

3

the submission of a plan shall not be deemed a petition for the

4

construction or improvements so required, but if the borough

5

shall require substantially the same quality or type and

6

specifications of street and drainage facilities as generally

7

exists either in the borough, or, if the borough has a zoning

8

ordinance, in the particular zone involved, the submission of a

9

plan shall be deemed a petition therefor by a majority in the

10

number of feet assessable, properties abutting thereon, and the

11

cost of such constructions and improvements shall be paid in

12

accordance with the provisions of section 1761 of this act under

13

such circumstances: Provided, That council and the person or

14

persons submitting a plan may in all cases, by agreement,

15

provided otherwise as to such costs: And provided further, That

16

this section shall not authorize the recovery or avoidance of

17

any such costs heretofore agreed to or paid. Whenever council

18

requires the construction or improvement of streets or parts

19

thereof, it shall establish or cause to be established the

20

grades of such streets or parts, or shall approve the grades

21

indicated upon the plan submitted before such streets or parts

22

are improved or constructed. Council's approval of plans,

23

whether or not such plans are subject to any such conditions as

24

to streets, parts of streets, or drainage facilities in

25

connection therewith, shall constitute the streets as shown upon

26

the plans so approved as streets of the borough, any plan so

27

approved as filed and as recorded, indicate clearly all such

28

constructions and improvements required to be made, the grades

29

thereof, the materials and other specifications required, and

30

the allocation of cost thereof, as provided by law or as agreed

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1

upon.] No approval of plans by council may obligate or require

2

the borough to construct, reconstruct, maintain, repair or grade

3

any street or drainage facilities associated therewith.

4

(d)  In any case where the borough council shall refuse to

5

approve any plans submitted to it, any person aggrieved by the

6

action of council may, within thirty days after the action,

7

appeal from the action, by petition to the court of common pleas

8

of the county which court shall hear the matter de novo, and,

9

after hearing, may enter decree affirming, reversing or

10

modifying the action of the council as may appear just. The

11

court shall designate the manner in which notice of the hearing

12

of an appeal shall be given to all parties interested. The

13

decision of the court shall be final.

14

Any plan approved by the action of borough council or by the

15

court on appeal shall be recorded by the person applying for

16

approval in the office of the recorder of deeds in the county.

17

(e)  If any street, or any drainage facilities in connection

18

with the street, shall be opened, constructed or dedicated for

19

public use or travel, except in strict accordance with plans

20

approved by the council, or the court on appeal, as provided in

21

this article, neither the borough council nor any other public

22

authority shall place, construct or operate any sewer, drain,

23

water pipe or other facilities, or do any work of any kind in or

24

upon the street; and neither borough council nor any other

25

public authorities shall have any responsibility of any kind

26

with respect to any such street, or drainage facilities,

27

notwithstanding any use of the same by the public, provided that

28

nothing in this article shall prevent the laying of trunk

29

sewers, drains, water or gas mains, if required by engineering

30

necessity for the accommodation of other territory.

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1

(f)  Any person who constructs, opens or dedicates any street

2

or any drainage facilities in connection with a street, for

3

public use or travel in any borough, without having first

4

complied with the provisions of this article shall be guilty of

5

a misdemeanor of the third degree and shall be subject to a suit

6

for all costs and damages incurred by the borough or property

7

owners in the course of correcting all substantive violations of

8

State law or borough ordinance resulting from or arising out of

9

the unlawfully constructed street or facilities. Nothing in this

10

section shall be construed to apply to the Department of

11

Transportation.

12

Section 208.  Sections 1736 and 1737 and Article XVII

13

subdivision (e) heading of the act are repealed:

14

[Section 1736.  Appeal From Refusal of Council.--In any case

15

where the borough council shall refuse to approve any plans

16

submitted to it, any person aggrieved by the action of such

17

council may, within thirty days after such action, appeal from

18

such action, by petition to the court of quarter sessions of the

19

county which court shall hear the matter de novo, and, after

20

hearing, may enter decree affirming, reversing or modifying the

21

action of the council as may appear just in the premises. The

22

court shall designate the manner in which notice of the hearing

23

of any such appeal shall be given to all parties interested. The

24

decision of the court shall be final.

25

The action of the borough council, or the court on appeal, in

26

approving any such plan, and such approved plan, shall be

27

recorded by the person applying for such approval in the office

28

of the recorder of deeds in the county.

29

Section 1737.  Streets Opened Without Approval; Penalty.--If

30

any street, or any drainage facilities in connection therewith,

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1

shall be opened, constructed or dedicated for public use or

2

travel, except in strict accordance with plans approved by the

3

council, or the court on appeal, as provided in this

4

subdivision, neither the borough council nor any other public

5

authority shall place, construct or operate any sewer, drain,

6

water pipe or other facilities, or do any work of any kind in or

7

upon such street; and neither borough council nor any other

8

public authorities shall have any responsibility of any kind

9

with respect to any such street, or drainage facilities,

10

notwithstanding any use of the same by the public: Provided,

11

however, That nothing herein contained shall prevent the laying

12

of trunk sewers, drains, water or gas mains, if required by

13

engineering necessity for the accommodation of other territory.

14

Any person who shall construct, open or dedicate any street

15

or any drainage facilities in connection therewith, for public

16

use or travel in any borough, without having first complied with

17

the provisions of sections 1735 and 1736 of this act, or of any

18

borough ordinance adopted pursuant thereto, shall be guilty of a

19

misdemeanor, and, upon conviction thereof, shall be sentenced to

20

pay a fine not exceeding one thousand dollars ($1000), or suffer

21

imprisonment not exceeding two years, or both, in the discretion

22

of the court. Nothing herein contained shall be construed to

23

apply to the Department of Highways of the Commonwealth.

24

(e)  Vacating Streets]

25

Section 209.  Section 1741 of the act, amended June 28, 1979

26

(P.L.55, No.23), is repealed:

27

[Section 1741.  Authority to Vacate Streets; Procedure.--Any

28

borough shall have authority, by ordinance, to vacate or close

29

any street or portion thereof previously opened or laid out, but

30

no street or portion thereof providing the sole means of access

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1

to any lot or tract of land shall be vacated unless those to

2

whom access would be denied shall consent. No such ordinance

3

shall become effective until forty days after the enactment

4

thereof. Within ten days after the enactment of any such

5

ordinance, the borough shall give written notice by United

6

States certified mail return receipt requested to the personal

7

address to the owners of all property abutting on the street or

8

portion thereof so proposed to be vacated. If any street or

9

portion thereof proposed to be vacated shall be on a recorded

10

plan, the borough shall also give thirty days notice in a

11

newspaper of general circulation in the borough of the proposed

12

vacation directed to all the owners of property abutting on the

13

street or portion thereof proposed to be vacated by name and

14

directed generally to all other owners of property appearing on

15

such plan. In the event any owners of property abutting on the

16

street or portion thereof so proposed to be vacated cannot be

17

found a copy of the ordinance shall be posted on the premises of

18

such property owner within ten days after the enactment of any

19

such ordinance. During such forty-day period between the

20

enactment and taking effect of such ordinance, any interested

21

party may petition council for a hearing, which council shall

22

hold within thirty days after the date of such petition, and of

23

which the borough shall give at least fifteen days' notice in a

24

newspaper of general circulation in the borough. Any such

25

petition shall serve to stay the effective date of such

26

ordinance, until council shall have held such hearing and shall

27

have acted upon such petition by motion, or, in case of further

28

appeal, until the court shall have finally disposed of the

29

matter. After such hearing and within thirty days after action

30

by council upon such petition, any party aggrieved by council's

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1

action thereupon may appeal to the court of common pleas.]

2

Section 210.  Sections 1742, 1743 and 1744 of the act are

3

repealed:

4

[Section 1742.  Petition for Vacating Street; Action

5

Thereon.--Any person or persons constituting a majority in

6

number and interest of the owners of the real estate abutting

7

upon any street or portion thereof may petition the council to

8

vacate such street or portion thereof. Council shall hold a

9

hearing upon such petition, following at least fifteen days'

10

personal notice to all owners of abutting real estate not

11

joining in such petition, and following at least fifteen days'

12

notice thereof in a newspaper of general circulation in the

13

borough. Following such hearing the council shall either by

14

motion deny such petition or by ordinance vacate such street or

15

portion thereof. All provisions of section 1741 hereof

16

applicable to ordinances enacted by authority of that section

17

shall apply to ordinances enacted by authority of this section:

18

Provided, That any petition for the vacation of any street or

19

portion thereof may release the borough from all damages

20

sustained as a result of such vacation, if such petition is

21

signed by the owners of all the property abutting upon such

22

street or portion thereof, and, where any such release shall

23

have been included in such petition, no proceedings for award of

24

damages shall be had and no damages as a result of such vacation

25

shall under any conditions be awarded to any abutting property

26

owner.

27

Section 1743.  Action for Damages.--If the parties cannot

28

agree upon the damages sustained by reason of the vacation of

29

any street or portion thereof, such damages shall be assessed by

30

a jury of view under the law governing eminent domain.

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1

Section 1744.  Effect of Vacation.--When a street or portion

2

thereof shall have been vacated, all public right in or to such

3

street or portion thereof shall cease, but such vacation shall

4

not affect any private rights acquired by any of the owners of

5

abutting property.]

6

Section 211.  Article XVII subdivision (f) heading of the act

7

is reenacted to read:

8

(f)  Straightening and Relocating Streets

9

Section 212.  Section 1751 of the act is amended to read:

10

Section 1751.  Authority to Straighten and Relocate Streets;

11

Procedure.--[Any borough] Council may, by ordinance, provide for

12

straightening [and/or] or relocating any street previously

13

opened, involving the opening of a portion of [such] the 

14

straightened [and/or relocate] or relocated street over land not

15

previously a portion of [such] the street [and/or] or the

16

vacation of a portion of such previously opened street no longer

17

to be used for street purposes. [In such cases, such] The 

18

straightening [and/or] or relocation shall be considered as an

19

opening [and/or] or vacation and shall be effected in the same

20

manner and by the same procedure as provided in [prior sections

21

of this article for opening or vacation of streets, as the case

22

may be, but such opening and/or vacation] section 1731 but may

23

be considered as a single proceeding, to be effected by

24

enactment of a single ordinance[, and it shall not be necessary

25

to enact one ordinance for vacation and another for opening].

26

Section 213.  Article XVII subdivision (g) heading of the act

27

is reenacted to read:

28

(g)  Improvement of Borough Streets

29

Section 214.  Section 1761 of the act is amended to read:

30

Section 1761.  Proceedings With or Without Petition.--

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1

Boroughs with petition or without petition may improve streets,

2

or parts [thereof] of streets, or a particular width, or

3

additional widths [thereof] of streets, with or without the

4

assistance or contribution of the United States of America, the

5

[State] Commonwealth, the county, or a corporation occupying the

6

thoroughfare and may assess and collect the whole cost [thereof]

7

of improvement, or the whole cost not thus aided or contributed,

8

or any part [thereof] of the cost, from the owners of real

9

estate abutting on the improvement [by an equal assessment on

10

the foot-front basis or according to benefits as provided in

11

article XV of this act including the expenses of the necessary

12

drainage. The council may make equitable adjustments for corner

13

lots or lots of irregular shape where an assessment for full

14

frontage might be unjust. Property not otherwise assessable

15

shall become assessable by the petition of the owner or the

16

owners' representative. In all cases where the whole width of

17

the highway is being paved without State or County aid and more

18

than two-thirds of the total cost is proposed to be assessed on

19

abutters the borough shall for this purpose be considered as

20

owner of non-assessable property, of street intersections and of

21

the deducted frontage on equitable adjustment. At the discretion

22

of the borough council, the total cost of the improvement or a

23

lesser amount, if the borough desires, may be assessed on the

24

assessable properties abutting without any deduction for non-

25

assessable property or street intersections, or for the

26

equitable adjustments aforesaid, if the petition states that the

27

total cost may be assessed on the abutters: Provided, if in

28

connection with such proceedings any street or sidewalk is so

29

graded or changed in grade that private property is damaged

30

thereby and the damages have not been released or agreed upon,

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1

then the damages shall be awarded as provided in the law

2

governing eminent domain, and benefits, costs, and expenses in

3

connection with the improvement shall be assessed as provided in

4

article XV: Provided further, That owners of all real estate

5

abutting upon any such improvement shall be assessable for the

6

cost thereof, whether such property owner be a natural person,

7

partnership, association, firm or corporation, including but not

8

limited to any nonprofit corporation or association, and any

9

public utility corporation, or political subdivision, but not

10

including the Commonwealth of Pennsylvania or the United States

11

of America] in accordance with Article XXI-A.

12

Section 215.  Sections 1762 and 1763 of the act are repealed:

13

[Section 1762.  Notice of Assessments.--The borough secretary

14

of the borough shall cause thirty days' personal notice of the

15

assessment to be given to each party assessed.

16

Section 1763.  Collection of Assessments.--If any assessment

17

shall remain unpaid at the expiration of the notice, it shall be

18

the duty of the borough solicitor to collect the same, with

19

interest from the time of completion of the improvement, by

20

action of assumpsit, or by a lien to be filed and collected in

21

the same manner as municipal claims. When an owner has two or

22

more lots, against which there is an assessment for the same

23

improvement, all of such lots may be embraced in one claim.]

24

Section 216.  Article XVII subdivision (h) heading of the act

25

is reenacted to read:

26

(h)  Improvement of Streets Outside or Partly

27

Outside Borough Limits

28

Section 217.  Section 1771 of the act is amended to read:

29

Section 1771.  [Agreements to Improve Boundary Streets.--]

30

Improvement of Streets Outside or Partly Outside Borough

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1

Limits.--(a)  Any borough may enter into a written agreement,

2

with any adjoining municipality [and/or township] for improving

3

streets which may be boundaries between [such] the borough and

4

municipality [or township], and may provide in [such] the 

5

contract [that] for the division of the damages, costs, and

6

expenses of [such] the improvement [shall be divided between

7

such borough, municipality, and/or township in the proportion

8

agreed upon]. The borough may assess its share of [such] the 

9

costs against the owner of property abutting upon the borough's

10

side of [such] the improvement, in the manner provided in

11

[sections 1761, 1762 and 1763 of this act] Article XXI-A or may

12

agree to pay any part of the costs, damages and expenses of the

13

improvements out of the general funds.

14

The portion of the damages, costs, and expenses agreed to be

15

paid by the borough, shall be ascertained as provided in the law

16

governing eminent domain[, and the benefits incident thereto

17

shall be assessed and collected in the manner provided in

18

article XV of this act; but the borough may agree to pay any

19

part of the costs, damages, and expenses of such improvements

20

out of the general funds].

21

(b)  Whenever the center line of any street constitutes the

22

dividing line between any borough and a township located in the

23

same county, any agreement to improve and maintain the street

24

shall be made with the governing bodies of the township and, if

25

necessary, the county. The improvement shall be constructed and

26

subsequent repairs shall be made under the supervision of the

27

borough, and in compliance with plans to be agreed upon, in

28

writing, by the parties. One-half of the cost of the repairs

29

shall be borne by the borough. The borough may assess its share

30

of costs against the owners of property abutting on the

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1

borough's side of the improvement, in the manner provided in

2

Article XXI-A.

3

(c)  Whenever any street, more than one-half the width or the

4

entire width of which is within the limits of any borough, shall

5

divide the borough from any other municipality, the street may

6

be improved by the borough. The property abutting on the side of

7

the street, which is located outside the limits of the borough

8

making the improvements, may, for a depth of one hundred and

9

fifty feet, plus one-half the width of the street, from its

10

center line, be assessed for any and all municipal improvements

11

to or on the street in accordance with Article XXI-A.

12

(d)  A borough may appropriate and expend moneys for the

13

improvement of a street, not to exceed one mile in length,

14

outside the limits of the borough for the purpose of connecting

15

improved streets in the borough with State highways, interstate

16

highways and county roads.

17

Section 218.  Sections 1772, 1773, 1774 and 1775 of the act

18

are repealed:

19

[Section 1772.  Proceedings to Improve Boundary Streets by

20

Agreement with Counties and Townships.--Whenever the center line

21

of any street constitutes the dividing line between any borough

22

and a township located in the same county, the borough may enter

23

into a contract with the commissioners of the county and the

24

commissioners or supervisors of the township, as the case may

25

be, to improve such street. Such improvement shall be

26

constructed and subsequent repairs shall be made under the

27

supervision of the borough, and in compliance with the plans to

28

be agreed upon, in writing, between such borough and the

29

commissioners of the county and the commissioners or supervisors

30

of the township. One-half of the cost of such repairs shall be

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1

borne by the borough. The borough may assess its share of such

2

costs against the owners of property abutting on the borough's

3

side of such improvement, in the manner provided in section

4

1761, 1762 and 1763 of this act.

5

Section 1773.  Streets More Than One-Half the Width of Which

6

Are Within the Borough.--Whenever any street, more than one-half

7

the width of which is within the limits of any borough, shall

8

divide such borough from any other municipality or township,

9

such street may be improved by the borough within which the

10

greater width is located, in the same manner as if such street

11

were entirely located within the limits of said borough. The

12

property abutting on the side of such street, which is located

13

outside the limits of the borough making such improvements,

14

shall, for a depth of one hundred and fifty feet, plus one-half

15

the width of such street, from its center line, be assessed for

16

any and all municipal improvements to or on the said street in

17

the same manner as such property would be assessed under the

18

laws of the Commonwealth if it were entirely located within the

19

limits of such borough.

20

Section 1774.  Assessment on Property Outside Limits Where

21

Boundary Line Street Entirely Within Borough.--Wherever any

22

street, entirely within the limits of any borough, shall divide

23

such borough from any other municipality or township, located in

24

the same county, the property on the side of the street opposite

25

the line of the borough shall, for the depth of one hundred and

26

fifty feet, be assessed for municipal improvements on such

27

streets on which such property shall abut, in the manner

28

provided by this article for assessments by the foot-front rule;

29

and such improvements may be made, assessed, and collected in

30

accordance with the provisions of this article for assessments

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1

by the foot-front rule.

2

Section 1775.  Streets Outside Limits; Appropriations to

3

Improve Connecting Links.--Any borough may, singly, or jointly

4

with any other borough, city, township and/or county,

5

appropriate and expend moneys for the improvement of streets

6

outside the limits of such borough, for the purpose of

7

connecting improved streets in such borough with State highways.

8

No such street shall be improved which shall be more than one

9

mile in length.]

10

Section 219.  Article XVII subdivision (i) heading of the act

11

is amended to read:

12

(i)  Acquisition [and/or] or Use of Abutting

13

Lands [for Embankments, Slopes, Fills and

14

Culverts, or for Unobstructed View]

15

Section 220.  Section 1781 of the act is repealed:

16

[Section 1781.  Use of Abutting Lands for Embankments,

17

Slopes, Fills, and Culverts.--In the improvement of any street

18

or portion thereof, any borough may use as much of the land

19

abutting on the same for the construction of embankments,

20

slopes, fills and culverts, as may be necessary and proper for

21

the completion of the improvement; and the assessment of

22

damages, costs, and expenses, resulting thereby, shall be

23

regarded as other assessments of damages, costs, and expenses,

24

caused by the improvement of streets, in said borough, and shall

25

be assessed and paid, as is provided by the law governing

26

eminent domain.]

27

Section 221.  Section 1782 of the act is amended to read:

28

Section 1782.  Acquisition of Property for Unobstructed

29

View.--(a)  Any borough may, singly or jointly with another

30

[borough, city, county or township] municipality, acquire, by

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1

purchase or by the right of eminent domain, a free and

2

unobstructed view down and across [such] lands located at or

3

near the intersection of any two streets or highways or a street

4

or highway and a railroad or railway or at a curve in any street

5

or highway as may be necessary to assure a free and unobstructed

6

view in all directions at such crossings, and to so prevent the

7

use of [such] the lands for any purpose or in any manner which

8

may interfere with or obstruct the view of persons traveling

9

upon any such street or highway.

10

[Upon any such] (b)  After condemnation, the borough [having

11

had such view condemned] may, from time to time, abate or remove

12

or cause to be abated or removed any obstruction to the view

13

over and across [such] the lands except poles used in furnishing

14

[telephone, telegraph or electric] service to the public.

15

(c)  The proceedings for the condemnation of [such] the view

16

over and across [such] lands and for the assessment of damages

17

for property taken, injured or destroyed, or the portion thereof

18

agreed to be paid by the borough if the taking is jointly with

19

another [borough, city, county or township] municipality, shall

20

be taken in the manner provided in the law governing eminent

21

domain.

22

(d)  Upon the purchase or condemnation of a view, the owner

23

of [such] the lands may make every [such use thereof] use of the

24

lands as will not interfere with a free and unobstructed view at

25

the dangerous crossing or curve [and, unless specially provided

26

for in such purchase or condemnation proceedings, such purchase

27

or condemnation shall be constructed to prevent the owner

28

thereof from using the land for pasture or the growing of grass,

29

oats, wheat or other crops which will not obstruct the vision

30

more than wheat].

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1

Section 222.  Article XVIII heading of the act is reenacted

2

to read:

3

ARTICLE XVIII

4

SIDEWALKS

5

Section 223.  Sections 1801 and 1802 of the act are amended

6

to read:

7

Section 1801.  Power to Lay Out[, Ordain] and Establish

8

Sidewalks and to Compel the Construction Thereof.--Any borough

9

may, by ordinance, lay out[, ordain] and establish sidewalks,

10

curbs, gutters and surface water drains along any street, and,

11

with the consent of the Secretary of [Highways] Transportation 

12

of the Commonwealth, along any State highway, and may, with or

13

without petition, require owners of property abutting on any

14

street or State highway to grade, construct, drain, pave and

15

repave the sidewalk, curb or gutter and keep [the same] them in

16

repair, and in safe and usable condition along [such] the 

17

property, at such grades and under such regulations and

18

specifications as council may prescribe[: Provided, That the].

19

The word "sidewalk" as used in this article, shall mean and

20

include the portion of a street located outside the cartway, and

21

may include paved footway, unpaved grassplot, curb and gutter.

22

Section 1802.  Sidewalks on Land Abutting State Highways and

23

Along Roads Outside Borough.--Any borough may [ordain and], by

24

ordinance, lay out sidewalks, gutters, [and/or] and surface

25

water drains upon land abutting the sides of State highways, and

26

upon land abutting the sides of public roads, where such roads

27

are outside the borough limits, but the land upon which [such]

28

the sidewalks, gutters [and/or] and surface water drains are to

29

be laid out is within the borough limits.

30

Section 224.  Sections 1803 and 1804 of the act are reenacted

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1

to read:

2

Section 1803.  Establishment of Grades.--Any borough may

3

establish a grade or grades for sidewalks, which grade or grades

4

may be separate and apart from the grade or grades established

5

for the cartway or roadway.

6

Section 1804.  Boroughs May Pay All or Part of Cost of

7

Grading and Curbing.--The borough may pay all or any part of the

8

cost and expenses of grading and curbing any sidewalk.

9

Section 225.  Section 1805 of the act is amended to read:

10

Section 1805.  Borough May Do Work; Collection of Cost.--Upon

11

the [neglect] failure of any property owner to comply with any

12

of the requirements provided in the preceding sections of this

13

article, the borough may, after notice, cause the grading,

14

paving, repairing, curbing, [and/or] and guttering to be done at

15

the cost of [such] the owner, and may collect the cost [thereof]

16

of the work and ten percent additional, together with all

17

charges and expenses, from [such] the owner, and may file a

18

municipal claim [therefor] for the amounts or collect the [same]

19

amounts by action in assumpsit.

20

All [such] notices shall be served upon the owner of the

21

premises to which the notice refers, if [such] the owner is a

22

resident of the borough. If the owner is not a resident, then

23

the notice may be served upon the agent or tenant of the owner,

24

or upon the occupant of [such] the premises[, after such

25

premises, if]. If the owner has no agent or tenant or there is

26

no occupier of [such] the premises, then service shall be by

27

notice posted upon the premises. The notice required by this

28

section shall specify a period of time of not less than thirty

29

days for the owner to complete the specified work. If the work

30

has not been completed after the specified time has elapsed, the

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1

owner shall be deemed to have failed to comply.

2

Section 226.  Section 1806 of the act, amended December 21,

3

1988 (P.L.1413, No.171), is amended to read:

4

Section 1806.  Emergency Repairs to Sidewalks.--In addition

5

to the remedies now vested in boroughs to make repairs to

6

sidewalks, any borough shall have power to make emergency

7

repairs to any sidewalks [thereon, where, in the opinion of the

8

officer or head of the department or committee lawfully having

9

charge of sidewalk repairs, a dangerous condition exists that

10

can be repaired by an expenditure of not more than five hundred

11

dollars ($500)] within the borough if an inspection of the

12

sidewalk discloses that, and a certificate made by the officer

13

or head of the department or committee lawfully having charge of

14

sidewalk repairs specifies that, a dangerous condition exists

15

that can be repaired by an expenditure of not more than one

16

thousand dollars ($1,000). Before [any such] repairs are made, a

17

notice to make the repairs within forty-eight hours shall be

18

served upon the owner of the [said] property. If the owner

19

cannot be served within the county, notice may be served upon

20

the agent of the owner or the party in possession, or if there

21

is no agent or party in possession, the notice may be served by

22

posting the same upon [such] the premises.

23

Upon the completion of the work, the cost [thereof] shall be

24

a charge against the owner of the property, and shall be a lien,

25

until paid, upon the abutting property, provided a claim is

26

filed [therefor] in accordance with the law providing for the

27

filing and collection of municipal claims. [Any such] The charge

28

may also be collected by action of assumpsit. This section is

29

intended to provide an additional remedy for boroughs in

30

connection with emergency repairs, where the actual cost of

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1

doing the work does not exceed [five hundred dollars ($500)] one

2

thousand dollars ($1,000), and the certificate of the officer or

3

head of the department or committee in charge of repairs to

4

sidewalks shall be conclusive evidence of the existence of the

5

emergency justifying the repair under the terms of this section.

6

Section 227.  Article XIX heading of the act is reenacted to

7

read:

8

ARTICLE XIX

9

BRIDGES, VIADUCTS AND UNDERGROUND

10

PASSAGEWAYS

11

Section 228.  Sections 1901, 1902, 1903, 1904 and 1905 of the

12

act are amended to read:

13

Section 1901.  Construction or Acquisition and Maintenance of

14

Bridges and Viaducts.--Any borough may locate and build, or

15

acquire by purchase, condemnation or otherwise, any bridge or

16

viaduct and the piers, approaches and abutments therefor, to be

17

used and thereafter improved and maintained as a street, over

18

any river, creek, stream, railroad or public or private property

19

or over and across a combination of any of them, whether [such]

20

the bridge or viaduct shall be wholly or partly within[, or

21

partly within and partly without] the borough limits. The

22

proceedings for laying out and opening [any such] a bridge or

23

viaduct shall be the same as provided by this act for the laying

24

out and opening of streets, and [any such] the bridge or viaduct

25

or portion [thereof] of the bridge or viaduct may thereafter be

26

vacated under the same procedure as provided in this act for the

27

relocation or vacation of streets or portions thereof.

28

Section 1902.  Right to Appropriate Property; Assessment of

29

Damages.--In any case where the borough shall not have agreed

30

with the owner or owners for damages done, or likely to be done,

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1

by the erection of [any such] a bridge or viaduct, the borough

2

may take and appropriate the land and property necessary, over

3

and across which to erect [such] the bridge or viaduct and the

4

damages caused by [such] the taking and appropriation shall be

5

assessed according to the law governing eminent domain.

6

Section 1903.  Boundary Bridges.--Whenever a bridge or

7

viaduct shall cross the boundary line of a borough and another

8

municipality [or township], the borough may [unite] enter into

9

an intergovernmental cooperation agreement in accordance with 53

10

Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental

11

cooperation) with [such] the municipality [or township] in the

12

construction and maintenance of [such] the bridge, and shall

13

[pay an equal share of the expenses incident thereto] apportion

14

the costs as per the intergovernmental agreement.

15

Section 1904.  Contracts With Railroads and Other Companies

16

and With Counties.--The borough may also enter into a contract

17

with the county commissioners, and also with railroads, street

18

railways, and other companies, or parties interested, for the

19

building and maintenance of [such] bridges or viaducts, and for

20

the payment of any damages caused by the location or erection

21

thereof. [Such] The contracts may stipulate that the borough,

22

county, railroad company, street railway, or other company or

23

party interested, shall pay a certain part of the contract price

24

of the work, including damages; or may stipulate that each shall

25

construct a certain portion of the work, and may provide

26

otherwise for the payment of damages.

27

When any railroad company, street railway, or other company

28

or party interested, shall agree to pay a certain portion of the

29

cost of [such] the work, it shall pay the same into the borough

30

treasury; and the borough treasurer shall pay the same over to

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1

the contractor, as may be provided in the contract; but the

2

amount to be paid by the county shall be paid directly to the

3

contractor. The agreement may provide for the maintenance of the

4

bridges and viaducts after their erection. Nothing [herein

5

contained] in this section shall authorize any borough to

6

contract with a county for the maintenance of any bridge or

7

viaduct which does not cross a place over which the county is

8

authorized to build bridges; but [such] the bridge or viaduct

9

shall be maintained as a borough structure, and the borough may

10

contract with any party interested, except the county, for the

11

maintenance of the [same.] bridge or viaduct. Nothing in this

12

section shall affect the powers or duties of the Public Utility

13

Commission to the extent otherwise provided by law.

14

Section 1905.  Overhead and Underground Passageways.--

15

Whenever the comfort and safety of the residents of any borough

16

and any adjoining municipality [or township] be enhanced by any

17

overhead or underground passageway connecting with adjoining

18

streets in either borough or municipality [or township], and

19

extending to any plant or place of business where residents of

20

[such] the borough are employed, [such] the borough may jointly

21

with each adjoining municipality [or township], construct and

22

maintain any [such] passageway or they may join with other

23

interests in the construction and maintenance [thereof] of the

24

passageway.

25

Section 229.  Article XX heading of the act is reenacted to

26

read:

27

ARTICLE XX

28

SANITARY SEWERS

29

Section 230.  Article XX subdivision (a) heading and sections

30

2001 and 2002 of the act are amended to read:

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1

(a)  Laying Out, [Ordaining and] Construction

2

and Operation of Sanitary Sewers and Construction

3

of Sewage Treatment Works

4

Section 2001.  Power to Lay Out[, Ordain] and Construct.--

5

[Boroughs, with the consent and permit of the Sanitary Water

6

Board, and of the Water and Power Resources Board, where

7

requested,] (a)  (1)  Upon enactment of an ordinance, boroughs 

8

may lay out[, ordain] and construct sanitary sewers and branches

9

of sanitary sewers in streets and on public or private property,

10

and may construct sewage treatment works on land owned or

11

acquired for such purposes[, and]. Boroughs may pay the costs

12

and expenses [thereof] of sanitary sewer systems and treatment

13

works out of borough funds, or may assess the costs and expenses

14

[of sanitary sewers as herein provided] pursuant to Article XXI-

15

A.

16

(2)  Boroughs may determine the location and the manner in

17

which sanitary sewer systems shall be constructed. Sanitary

18

sewers laid and constructed in streets may be located in the

19

center of the street or [on either side of the cartway] in the

20

right-of-way or [of] the curb lines [thereof] of the street in

21

any street and may be for the service and use of properties on

22

both sides of the street or on only one side of the street in

23

which they are laid, as directed by the borough council[, and

24

the costs and expenses of such sanitary sewers may be assessed

25

against properties benefited, accommodated or improved thereby

26

regardless of the property line location, and regardless of

27

whether any portion of a property so benefited, accommodated or

28

improved shall physically abut upon such sanitary sewer. The

29

term "sanitary sewer,"]. Boroughs shall have the authority to

30

lay out and construct sanitary sewers in any street, any portion

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1

of which is within the limits of the borough, and which forms a

2

portion of the boundary dividing the borough from any other

3

municipal corporation within the same county, in the same manner

4

and to the same extent as if the whole of the street was within

5

the limits of the borough.

6

(3)  Whenever any borough is maintaining and operating a

7

sanitary sewer system and sewage treatment works, it shall be

8

lawful for the borough to supply sewerage service to

9

municipalities, persons and corporations outside the limits of

10

the borough and to enter into contracts for service at rates not

11

less than those required to be paid by persons and corporations

12

within the limits of the borough. This privilege shall not

13

conflict with the rights of any sewer company or the rights of

14

any other borough.

15

(b)  (1)  If required by other law, a borough shall obtain

16

the consent and permit of the Department of Environmental

17

Protection, or other Federal, State or county entity, including

18

the Pennsylvania Turnpike Commission, for the laying out and

19

construction of a sanitary sewer and treatment works.

20

(2)  Where construction beyond the limits of the borough is

21

entirely within the limits of a State or county highway or the

22

turnpike, a sanitary sewer may be constructed in or under the

23

State or county highway, or turnpike, provided that written

24

notice is given to the Department of Transportation, county

25

commissioners or Pennsylvania Turnpike Commission, respectively,

26

and its consent obtained before construction is commenced.

27

Permission shall not be unreasonably withheld.

28

(c)  Borough council may by ordinance make regulations

29

respecting the use and maintenance of the sanitary sewer system

30

and treatment works. The regulations may:

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1

(1)  specify materials and substances which may or may not

2

enter the public sewer or sewer system;

3

(2)  require that certain types or classes of waste be

4

subjected to treatment or to grinding or other reduction in size

5

before entering into the sewer;

6

(3)  restrict the quantity of waste material that may enter a

7

sanitary sewer from any premises within any time interval; and

8

(4)  require that property owners provide means other than

9

the public sanitary sewers for disposal of storm, surface and

10

roof water originating or accumulating upon their property.

11

Violations of the ordinance may be enforced by penalties.

12

(d)  (1)  "Sanitary sewer" or "sanitary sewer system," as

13

used in this article, shall mean [and include] a sewer or sewers 

14

used for receiving and collecting sewage matter and liquid waste

15

from the inside of buildings and structures[, and, in those

16

boroughs where there shall be what is known as "combined

17

sewers," receiving, in addition to such]. Storm water shall not

18

be permitted to enter into a sanitary sewer. A sanitary sewer or

19

sanitary sewer system shall not include a combined sewer.

20

(2)  "Combined sewer" shall mean a sewer used for the

21

receiving and collecting of sewage and liquid waste from the

22

inside of buildings and structures, storm water, roof or surface

23

drainage [or any of them, the term "sanitary sewer," as used in

24

this article, shall include such combined sewers], sump pump

25

discharge and draining from foundation drains.

26

(3)  "Sewer system," as opposed to a "sanitary sewer system,"

27

shall be either a sanitary sewer or a combined sewer and shall

28

include pump stations and force mains.

29

Section 2002.  [Assessment According to Benefits.--Where a

30

borough constructs sanitary sewers and desires to assess the

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1

costs and expenses upon property benefited, whether or not such

2

property abuts upon such sewer, then on petition, viewers shall

3

be appointed, as provided in article XV of this act, who shall

4

assess the damages, costs, and expenses of the sanitary sewer

5

upon the property benefited, accommodated or improved according

6

to benefits, if sufficient can be found, but if not, then the

7

deficiency when finally ascertained shall be paid by the

8

borough. The proceedings of the viewers and the proceedings of

9

their report shall be as provided in article XV of this act.]  

10

Assessments.--Assessments, whether based according to benefits

11

conferred or by the front foot basis, and assessment awards, if

12

any, shall be calculated pursuant to Article XXI-A.

13

Section 231.  Sections 2003, 2004 and 2005 of the act are

14

repealed:

15

[Section 2003.  Assessment by Foot-front Rule.--Where a

16

borough constructs sanitary sewers and desires to assess the

17

costs and expenses thereof by the foot-front rule, it may by

18

ordinance provide that the expenses shall be assessed against

19

the property benefited, improved or accommodated by any sanitary

20

sewer, whether or not such property abuts upon such sewer, by

21

the foot-front rule and may provide for equitable assessments

22

and/or adjustments when special conditions exist where an

23

assessment for the full frontage would be unjust. The secretary

24

of the borough shall cause thirty days' notice of the assessment

25

to be given to each party assessed, either by service on the

26

owner or his agent, or left on the assessed premises.

27

Section 2004.  Places and Manner of Construction.--The

28

borough shall fix the places along, where such sanitary sewer

29

and branches thereof, shall be laid down, and shall prescribe

30

the manner in which they shall be constructed.

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1

Section 2005.  Permit from Sanitary Water Board.--No contract

2

for the construction of any sewer system or treatment works

3

shall be entered into until a permit for the construction of the

4

same shall have been obtained from the Sanitary Water Board.]

5

Section 232.  Section 2006 of the act, amended October 9,

6

1967 (P.L.399, No.181), is repealed:

7

[Section 2006.  Assessments of Cost.--Whenever any borough

8

shall construct any sanitary sewer and assess the cost thereof

9

by the foot-front rule, the assessment, duly certified under the

10

seal of the borough, attested by the president of council and

11

secretary, shall be collectible from the owner of property

12

benefited, improved or accommodated thereby.

13

Such certificate of assessment shall be prima facie evidence,

14

in any suit for the recovery of same, of the correctness and

15

validity of such assessment.

16

The assessment herein referred to shall be computed under the

17

terms of the ordinance, but the individual assessments need not

18

be expressed therein.]

19

Section 233.  Sections 2007 and 2008 of the act are repealed:

20

[Section 2007.  Collections of Assessments.--If the owners of

21

property against which a foot-front assessment has been made

22

shall refuse to pay such assessment within thirty days after

23

notice of the same, it shall be the duty of the borough

24

solicitor to collect the same, with interest from the time of

25

completion of the improvement, by action of assumpsit, or by

26

lien to be filed and collected in the same manner as municipal

27

claims. When an owner has two or more lots against which there

28

is an assessment for the same improvement, all of such lots may

29

be embraced in one claim.

30

Section 2008.  Regulations of Borough.--The borough may

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1

enforce by penalties, such regulations as it may ordain with

2

reference to the use and maintenance of such sanitary sewerage

3

system and treatment works.]

4

Section 234.  Sections 2009 and 2010 of the act are amended

5

to read:

6

Section 2009.  Extensions Beyond Borough Limits; Eminent

7

Domain.--The borough may extend the necessary sewer mains, pipes 

8

and outlets beyond the limits of [such] the borough, to a point

9

where [such] the sewage is to be disposed[;] or collected and

10

received and shall have power to enter upon and condemn [such

11

lands, property and materials] land for the construction of all

12

[such] sewer mains, outlets, and treatment works as may be

13

necessary for the disposal or the collection of [such] the 

14

sewage provided that the extension is in conformity with 26

15

Pa.C.S. § 206 (relating to extraterritorial takings) and any

16

other applicable requirement of 26 Pa.C.S. (relating to eminent

17

domain).

18

Section 2010.  Notice of Certain Ordinances.--No ordinance

19

for any construction of sewers or treatment works beyond the

20

limits of the borough, shall be [adopted] enacted until notice

21

[thereof] of the ordinance has been given, by publication of the

22

proposed ordinance, once a week for four weeks in one newspaper

23

[of general circulation [in the borough], and also by serving

<--

24

copies of [such] the proposed ordinance upon all land owners

25

through whose land [such] the sewer is to pass, or on whose

26

lands any treatment works are to be located, at least ten days

27

before [final action thereon. But no notice, as herein provided,

28

shall be required where such construction beyond the limits of a

29

borough is entirely within the limits of any street or State

30

highway. In such cases a written notice shall be given to the

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1

corporate authorities of the municipality or township having

2

jurisdiction over such street and consent of the State

3

Department of Highways shall be obtained in the case of any

4

State highway, before construction is commenced] the enactment

5

of the ordinance.

6

Section 235.  Section 2011 of the act is repealed:

7

[Section 2011.  Security for Damages; Assessments.--Before

8

entry shall be made upon private property without the owner's

9

consent, for the purpose of laying any sewer or constructing any

10

treatment works, security for all damages which may be done

11

shall first be given to such owner in such form and in such

12

amount as the court of common pleas of the county may direct.

13

All damages caused by the construction of any such sewer or

14

works, or by the taking of lands and materials, shall be

15

ascertained in the manner provided in the law governing eminent

16

domain for property taken, injured, or destroyed, and shall be

17

paid out of the borough treasury.]

18

Section 236.  Sections 2012 and 2013 of the act are amended

19

to read:

20

Section 2012.  Unlawful to Build Within Right-of-Way of

21

Sanitary Sewers.--It shall be unlawful for any person to erect

22

any building or make any improvement, within the right-of-way of

23

any sanitary sewer laid out [or ordained to be laid out], after

24

due notice [thereof;] of the laying out of the sanitary sewer, 

25

and, if any [such] erection or improvement shall be made, no

26

allowance shall be had [therefor] for the building or

27

improvement in the assessment of damages.

28

Section 2013.  Opening Sanitary Sewers.--(a)  If any borough

29

shall lay out [or ordain] any sanitary sewer, over or under

30

private property, located in whole or in part within the limits

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1

of [such] the borough, and proceedings to open the same and to

2

assess the damage arising therefrom shall not be proceeded with

3

by the borough, within two years from the enactment of the

4

ordinance, the whole proceeding shall be void.

5

(b)  If any borough has laid out a sanitary sewer without the

6

enactment of an ordinance prior to the effective date of this

7

subsection and shall have not opened the same, the proceedings

8

shall not be deemed to be void but the borough shall have two

9

years from the effective date of this subsection to open the

10

sanitary sewer or the whole proceeding shall be void.

11

Section 237.  Article XX subdivision (b) heading and section

12

2021 of the act are amended to read:

13

(b)  Joint Sanitary Sewers

14

Section 2021.  [Building Joint Sewers.--(a)  Boroughs may

15

jointly with other cities, boroughs or townships build and

16

construct sanitary sewers, including trunk line sewers or drains

17

and sewage treatment works, and may connect into such system

18

existing sanitary sewers, and may assess their respective

19

portions of the cost thereof, or so much thereof as may be

20

legally assessable, upon property benefited, improved, or

21

accommodated by the improvement, either by viewers or by the

22

foot-front rule as provided in this article. Any portion of the

23

cost of such improvement not assessed or not assessable shall be

24

paid by the respective cities, boroughs, and townships joining,

25

as may be agreed upon.] Joint Sanitary Sewer Systems.--(a)  

26

Pursuant to 53 Pa.C.S. Ch. 23 Subch. A (relating to

27

intergovernmental cooperation), boroughs may contract with other

28

municipal corporations providing for the joint construction or

29

maintenance of sanitary sewer systems and for the joint

30

construction onto existing sanitary sewer systems. The agreement

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1

shall provide for the apportionment of costs among the municipal

2

corporations. The borough council may assess the borough's

3

respective portion of the costs, as may be legally assessable,

4

upon property benefited by the facilities pursuant to Article

5

XXI-A. Any portion of the cost not assessed or assessable shall

6

be paid by the respective municipal corporations under the

7

agreement.

8

(b)  The [boroughs, cities and townships] municipal

9

corporations joining or contemplating joining in any [such]

10

improvement, in order to facilitate the building of the [same]

11

sanitary sewer system and in securing preliminary surveys and

12

estimates, may by ordinance provide for the appointment of a

13

joint sanitary sewer board composed of one representative from

14

each of the [boroughs, cities, and townships] municipal

15

corporations joining which shall act generally as the advisory

16

and administrative agency in the construction of [such] the 

17

improvement[,] and its subsequent operation and maintenance.

18

[The members of such] Members of the joint sanitary sewer board

19

shall serve for terms of six years each from the dates of their

20

respective appointments and until their successors are

21

appointed. The joint sanitary sewer board shall organize by the

22

election of a [chairman] chair, secretary, and treasurer. The

23

secretary and treasurer may be the same person. The [several

24

boroughs, cities, and townships] municipal corporations may in

25

the ordinances creating the joint sanitary sewer board,

26

authorize the board to appoint an engineer, a solicitor, and

27

[such] other assistants as are deemed necessary, and agree to

28

the share of the compensation of [such] those persons each

29

[borough, city, and township,] municipal corporation is to pay.

30

The members of the joint sanitary sewer board shall receive

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1

[such] compensation for attending board meetings [of the board]

2

as [shall be fixed] established in the budget[,] that is 

3

prepared by the joint sanitary sewer board [for submission to,

4

and adoption by, the several boroughs, cities, and townships, as

5

hereinafter provided,] and submitted to and adopted by the

6

municipal corporations. The members shall be entitled to actual

7

expenses to be paid by the respective [boroughs, cities and

8

townships which such] municipal corporations the members

9

represent.

10

(c)  The joint sanitary sewer board [shall have powers to] 

11

may adopt rules and regulations consistent with the requirements

<--

12

of this act to govern its proceedings, and shall prepare and

13

suggest any practical measures and plans by which the joint

14

improvement may be carried to successful completion[;] and plan

15

the future development of the system, so as to conform to a

16

general plan. It [shall have power to] may prepare a joint

17

agreement or agreements for submission to and adoption by the

18

[several boroughs, cities and townships] municipal corporations 

19

defining the advisory and administrative powers of the joint

20

sanitary sewer board[;] and setting forth the consents of the

21

[several boroughs, cities and townships] municipal corporations 

22

to the proposed improvement; the manner in which preliminary and

23

final plans, specifications and estimates for the proposed

24

improvement shall be prepared and adopted; how proposals for

25

bids shall be advertised and contracts let; the manner in which

26

the costs of the improvement and other incidental and

27

preliminary expenses in connection [therewith] with the

28

improvement, and the future cost of operation and maintenance

29

shall be equitably shared, apportioned and paid; and all [such]

30

other matters, including the preparation and submission of

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1

annual and other budgets, as may be deemed necessary or required

2

by law[, to carry] to complete the proposed improvement [to

3

completion] and to assure future maintenance and operation

4

thereof. [But nothing herein contained shall authorize the board

5

to make any improvement or expend any public moneys which has

6

not first been authorized by all the boroughs, cities and

7

townships] The board may not make any improvement or spend any

8

public moneys which have not first been authorized by all of the

9

municipal corporations proceeding with the improvement.

10

(d)  [In any case where it shall be] When it is necessary to

11

acquire, appropriate, injure, or destroy private property[,

12

lands, property, or material] to build [any such] a joint

13

sanitary sewer system or improvement[,] and the [same] property 

14

cannot be acquired by purchase or gift, the right of eminent

15

domain shall vest in the [borough, city, or township] municipal

16

corporation where [such] the property is located. [In any case

17

where it shall be] When it is necessary to acquire, injure, or

18

destroy property in any territory not within the limits of any

19

of the [boroughs, cities, or townships] municipal corporations 

20

joining in the improvement, then the right of eminent domain

21

shall be vested in [any borough, city, or township] the

22

municipal corporation adjacent to [such] the territory where

23

[such] the property is located subject to 26 Pa.C.S. § 206

24

(relating to extraterritorial takings). Damages for any property

25

taken, injured, or destroyed shall be assessed [as provided by

26

the general laws relating to the boroughs, cities and townships]

27

under laws relating to the municipal corporation exercising the

28

right of eminent domain[;] and shall be paid by the [several

29

boroughs, cities and townships] municipal corporations 

30

joining[,] in the same proportion as other costs of the

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1

[improvement] improvements.

2

(e)  Each of the boroughs joining in [any such] the 

3

improvement shall have power to incur or increase its

4

indebtedness, not exceeding the constitutional limits, for the

5

purpose of paying its share or portion of the cost of [such] the 

6

improvement in the manner now provided by law for the incurring

7

of indebtedness.

8

Section 238.  Section 2022 of the act is repealed:

9

[Section 2022.  Approval of Sanitary Water Board.--No such

10

sewer or sewage treatment plant shall be constructed until plans

11

and specifications have been submitted to the Sanitary Water

12

Board, and approved in accordance with provisions of existing

13

laws.]

14

Section 239.  Sections 2023, 2024 and 2025 of the act are

15

amended to read:

16

Section 2023.  Connections with Sanitary Sewers of Adjacent

17

Municipalities.--Any borough may connect with an existing 

18

sanitary sewer, owned by any adjacent municipality [or

19

township,] for sewerage purposes[,] in the manner prescribed in

20

[the following sections of this subdivision of this article]

21

sections 2024, 2025 and 2026.

22

Section 2024.  Applications to Court.--Whenever any borough

23

shall desire to connect with the existing sanitary sewer of any

24

adjacent municipality [or township,] and no agreement, either

25

upon the basis of a rental payment for the use of an existing

26

sanitary sewer or a division of the cost of the construction or

27

maintenance [thereof] of the sanitary sewer, has been reached

28

between [such] the borough and the adjacent municipality [or

29

township], an application shall be made by council to the court

30

of [quarter sessions] common pleas of the county where the

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1

proposed connection is to be located, setting forth that fact.

2

Section 2025.  Appointment of Viewers.--If the court shall be

3

of the opinion that [such] the connection can be made without

4

impairing the usefulness of the existing sanitary sewer, it

5

shall appoint three viewers, who shall view the premises and

6

investigate the facts of the case, and shall assess the

7

proportionate part of the expense of building the original

8

sanitary sewer upon [such] the borough, and shall fix the

9

proportion of the expense for repairs which each municipality

10

[or township] shall thereafter bear, and determine all other

11

questions liable to arise in connection [therewith] with the

12

sanitary sewer.

13

Section 240.  Section 2026 of the act, repealed in part June

14

3, 1971 (P.L.118, No.6), is amended to read:

15

Section 2026.  Report of Viewers; Appeals to Court.--The

16

viewers shall report to the court the result of their

17

investigation, which report shall be confirmed within thirty

18

days unless exceptions [thereto be] are filed. After

19

confirmation of [such] the report, or the disposal of any

20

exceptions, any party interested may appeal from the decision of

21

the court of [quarter sessions] common pleas.

22

Section 241.  Article XX subdivision (c) heading and sections

23

2031 and 2032 of the act are repealed:

24

[(c)  Power to Supply Sewerage Service Outside Borough Limits

25

Section 2031.  Power to Supply Service.--Whenever any borough

26

is maintaining and operating a sewerage system and sewage

27

purification or treatment works, it shall be lawful for such

28

borough to supply sewerage service to municipalities, townships,

29

persons and corporations, outside the limits of such borough,

30

and to enter into contracts for such service, at rates not less

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1

than those required to be paid by persons and corporations

2

within the limits of such borough; but no such privilege shall

3

conflict with the rights of any sewer company, or the rights of

4

any other borough.

5

Section 2032.  Power to Extend Lines and Condemn Property.--

6

For the purpose of supplying such sewerage facilities, any such

7

borough may extend the necessary sewer mains and pipes beyond

8

the limits of such borough, to the points where such sewage is

9

to be collected and received, and shall have the power to enter

10

upon and condemn such lands, property and materials for the

11

construction of such sewer mains, and pipes, as may be necessary

12

to the furnishing of such sewerage service.]

13

Section 243.  Article XX subdivision (d) heading of the act

14

is amended to read:

15

(d)  Acquisition of [Sewer] Community Collection

16

or Disposal Systems

17

Section 244.  Section 2041 of the act is repealed:

18

[Section 2041.  Power to Acquire Sewer Systems.--Any borough,

19

in which any person or persons, firm, or corporation are

20

maintaining sewers and culverts, with the necessary inlets and

21

appliances for surface, under surface and sewage drainage, or in

22

which any person or persons, firm or corporation are maintaining

23

a community sewage collection or disposal system as defined in

24

section 2043 of this act, may become the owner of such sewers,

25

culverts, inlets and appliances, or the owner of such community

26

collection or disposal system, by purchase or by the exercise of

27

the power of eminent domain, or by gift from the owner or owners

28

thereof.]

29

Section 245.  The act is amended by adding a section to read:

30

Section 2041.1.  Power to Acquire Community Collection or

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1

Disposal Systems.--(a)  A borough may, by ordinance, acquire

2

ownership of a community sewage collection or disposal system as

3

defined in section 2043 by purchase or by the exercise of

4

eminent domain pursuant to 26 Pa.C.S. (relating to eminent

5

domain), or by gift from the owner or owners.

6

(b)  In eminent domain proceedings, the viewers shall assess

7

the costs and expenses of the community sewage collection or

8

disposal system acquired by the borough upon the property or

9

properties benefited according to benefits. Any deficiency that

10

is not assessed upon the benefited property or properties shall

11

be paid by the borough.

12

Section 246.  Section 2042 of the act is repealed:

13

[Section 2042.  Assessment of Damages.--In case of

14

disagreement, the amount to be paid shall be ascertained in the

15

manner provided in the law governing eminent domain. In the same

16

proceeding, the viewers shall assess the costs and expenses of

17

the sewer, culverts, inlets and appliances, or of the sewer

18

collection, or disposal system, acquired by the borough, upon

19

the property benefited, according to benefits, if sufficient can

20

be found; but, if not, then the deficiency when ascertained

21

shall be paid by the borough.]

22

Section 247.  Section 2043 of the act is amended to read:

23

Section 2043.  Community Sewage Collection or Disposal

24

Systems.--(a)  For the purpose of this subdivision, a community

25

sewage collection or disposal system is all or part of a device

26

or devices installed on any privately or publicly owned parcel

27

of land, intended to treat or dispose of the sewage or

28

equivalent volume of domestic sewage from two or more

29

residences, buildings or occupied parcels of land, or any system

30

of piping used in collection and conveyance of sewage on private

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1

or public property.

2

(b)  After a community sewage collection or disposal system

3

has been acquired under the provisions of this subdivision by

4

the borough, the council shall have the power to enlarge [such]

5

the system if it deems it advisable. In such cases, the cost and

6

expenses of [such] the enlargement may be distributed or

7

assessed in the same manner as if the enlargement was a regular

8

sewer constructed by the borough under other provisions of this

9

act.

10

(c)  Whenever a community sewage collection or disposal

11

system is [or shall have been] established or constructed within

12

a borough by a private owner or owners, and the borough council

13

is thereafter empowered by ordinance to acquire the ownership of

14

the sewage disposal system so established, or when [any such]

15

the system has been enlarged by the borough, [such] the 

16

acquisition and ownership shall be subject to the following

17

provisions of this subsection:

18

(1)  When the person or persons having established or

19

constructed a community sewage collection or disposal system, or

20

when more than one-half the number of the owners of properties

21

which are connected with, have a right to use and are using a

22

community collection or disposal system, enter into an agreement

23

with the borough for the acquisition of the system by the

24

borough, [such] the agreement shall be considered a valid

25

agreement by the owners of the sewage collection or disposal

26

system and a transfer of ownership to the borough.

27

(2)  The borough shall operate and maintain any sewage

28

collection or disposal system acquired and any enlargement or

29

addition thereto for the use of persons having acquired from the

30

borough or from the former owner or owners the right to use the

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1

system, and for the use of other owners of property accessible

2

thereto up to the capacity of the sewage collection or disposal

3

system.

4

(3)  All persons whose property connects with the sewage

5

collection or disposal system acquired or constructed by the

6

borough shall pay to the borough treasurer, a monthly,

7

quarterly, semi-annual or annual charge prescribed by a

8

resolution of the council. The amount of the charges shall not

9

be in excess of the estimated amount necessary to maintain and

10

operate the system and to establish a reserve fund sufficient

11

for its future replacement.

12

(4)  All sewer rentals or charges imposed by the council

13

against properties connected with a community sewage collection

14

or disposal system under the provisions of this section shall

15

constitute liens against the properties and may be collected in

16

the same manner as other sewer charges.

17

(5)  All moneys received from the sewer charges shall be

18

deposited as a special reserve fund, and shall be used only for

19

the payment of the cost of operating and maintaining the sewage

20

collection or disposal system and the replacement [thereof] of

21

the collection or disposal system, if necessary and economically

22

desirable. If at any time after the acquisition or enlargement

23

of the community sewage system, a regular sewer system is made

24

available by the borough for connection with the properties

25

using the community sewage collection or disposal system, the

26

owners of [such] the properties shall be subject to the other

27

provisions of this act relating to sewers, and all money at that

28

time in the reserve fund which was received from charges for the

29

use of that particular sewage collection or disposal system, and

30

which is over and above the amount expended for the operation

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1

and maintenance of that particular sewage collection or disposal

2

system, shall be used towards the payment of any sewer

3

assessments charged against [such] the properties under other

4

sections of this act.

5

(d)  Nothing in this section may be construed to supersede

6

the requirements of the act of January 24, 1966 (1965 P.L.1535,

7

No.537), known as the "Pennsylvania Sewage Facilities Act."

8

Section 248.  Article XX subdivision (e) heading and section

9

2051 of the act are amended to read:

10

(e)  Connection and Use of Sanitary Sewers

11

Section 2051.  Ordinances to Require Sanitary Sewer

12

Connections.--Any borough may, by ordinance, require any owner

13

of property, benefited, improved or accommodated by a sanitary

14

sewer, to make connections with [such] the sanitary sewer, in

15

[such] the manner as the borough may order, for the purpose of

16

discharge of [such] drainage or waste matter as the borough may

17

specify. All connections required shall be uniform. The owner

18

shall be given at least forty-five days' notice of any ordinance

19

requiring a sanitary sewer connection and, upon failure of the

20

owner to make the connection, the borough may make the

21

connection and collect the cost from the owner by a municipal

22

claim or by an action of assumpsit. The borough may by penalties

23

enforce any [regulation] ordinance it may [ordain] enact with

24

reference to any sanitary sewer connections.

25

Section 249.  Section 2052 of the act is repealed:

26

[Section 2052.  Notice of Ordinances; Failure to Comply With

27

Ordinance.--The owner shall be given at least forty-five days'

28

notice of any ordinance requiring such sewer connection, and,

29

upon failure of such owner to make such connection, the borough

30

may make the same, and collect the cost thereof from the owner

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1

by a municipal claim or in an act of assumpsit. All connections

2

required shall be uniform.]

3

Section 250.  Section 2053 of the act is amended to read:

4

Section 2053.  Tapping Fees.--Any borough may by ordinance

5

provide for charging a tapping fee whenever the owner of any

6

property connects [such] the property with a sanitary sewer

7

system constructed or acquired by the borough provided that the

8

tapping fee is calculated in accordance with 53 Pa.C.S. § 5607

9

(relating to purposes and powers), which fee shall be in

10

addition to any charges assessed and collected against [such]

11

the property in the construction or acquisition of [such] the 

12

sanitary sewer by the borough. Whenever a sanitary sewer system

13

or any part or extension [thereof] of a sanitary sewer system,

14

owned by a borough, has been constructed by the borough at the

15

expense of a private person or corporation or has been

16

constructed by a private person or corporation under the

17

supervision of the borough at the expense of the private person

18

or corporation, the borough shall have the right to charge a

19

tapping fee calculated in accordance with 53 Pa.C.S. § 5607 and

20

refund [said] the tapping fee or any part [thereof] of the fee 

21

to the person or corporation who has paid for the construction

22

of [said] the sanitary sewer system or any part or extension

23

[thereof] of the sanitary sewer system in accordance with 53

24

Pa.C.S. § 5607. The total of [said] the refunds shall never

25

exceed the cost of [said] the system or any part or extension

26

[thereof] of the system to the person or corporation paying for

27

the construction [thereof] of the system or any part or

28

extension of the system. In any case, where the property

29

connected or to be connected with the sanitary sewer system of

30

the borough is not equipped with a water meter the borough may

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1

install [such] a meter at its own cost and expense. If the

2

property is supplied with water from the facilities of a public

3

water supply agency, the borough shall not install [such] a 

4

meter without the consent and approval of the public water

5

supply agency.

6

Section 251.  Section 2054 of the act is repealed:

7

[Section 2054.  Regulations and Restrictions in Use of

8

Sanitary Sewers.--Any borough in which there is any public

9

sanitary sewer or sewer system shall have authority, by

10

ordinance, to make regulations and restrictions pertaining to

11

the use of such sewer or sewer system. Such regulations and

12

restrictions: (i) may specify materials and/or substances which

13

may or may not enter the public sewer or sewer system; (ii) may

14

require that certain types or classes of waste be subjected to

15

treatment or to grinding or other reduction in size before

16

entering into the sewer; (iii) may restrict the quantity of

17

waste material that may enter a sanitary sewer from any premises

18

within any time interval; and (iv) may require that property

19

owners provide means other than the public sanitary sewers for

20

disposal of storm, surface and roof water originating or

21

accumulating upon their property.]

22

Section 252.  Article XX subdivision (f) heading of the act,

23

amended July 13, 1988 (P.L.521, No.91), is reenacted to read:

24

(f)  Monthly, Quarterly or Annual Rentals

25

Section 253.  Sections 2061, 2062 and 2063 of the act,

26

amended July 13, 1988 (P.L.521, No.91), are amended to read:

27

Section 2061.  Ordinance for Monthly, Quarterly or Annual

28

Rental.--Whenever any borough shall have constructed any

29

sanitary sewer, sewer system or sewage treatment works, or shall

30

have acquired wholly or partially the same at public expense, as

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1

authorized in this article, the [council of such] borough

2

council may provide, by ordinance, for the collection of a

3

monthly, quarterly or annual rental or charge or a fixed sum,

4

for the use of [such] the sanitary sewer, sewer system or sewage

5

treatment works, from the owner of property served by it. [The

6

council may, at its discretion, in lieu of such monthly,

7

quarterly or annual rental or charge, provide for the payment by

8

such owner of a fixed sum.]

9

Section 2062.  How Rental Fixed.--[Such] The monthly,

10

quarterly or annual rental may include the amount expended

11

monthly, quarterly or annually by the borough in maintenance,

12

repair, alteration, inspection, depreciation, or other expense,

13

of [such] the sanitary sewer, sewer system or sewage treatment

14

works, and may include interest on money expended or borrowed by

15

the borough in the construction of the sanitary sewer, sewer

16

system or sewage treatment works, or in the acquisition,

17

enlargement or extension of the sanitary sewer or sewer system,

18

and may also include an amount sufficient for the amortization

19

of debt incurred by the borough for [any such] those purposes,

20

including the construction of sewage treatment works according

21

to law. The [said] monthly, quarterly or annual amount or fixed

22

sum shall be apportioned equitably among the [several]

23

properties served by the [said] sanitary sewers, sewer system or

24

sewage treatment works.

25

Section 2063.  Collection of Rental.--[Such] The monthly,

26

quarterly or annual rental or charge, or [such] the fixed sum,

27

shall be authorized and collected as provided by general

28

ordinances, and, when so levied and charged, shall be a lien on

29

the properties charged[. The collection thereof shall be made

30

and enforced in the manner municipal claims are collected.] from

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1

the date set forth in the ordinance. If the rental, charge or

2

fixed sum is not paid after thirty days' notice, it may be

3

collected by an action of assumpsit, in the name of the borough

4

against the owner of the property charged, or by a lien filed in

5

the nature of a municipal lien.

6

The borough council [of such borough] shall execute a warrant

7

or warrants, authorizing the collection of [such] the monthly,

8

quarterly or annual sewer rentals or charges, or [such] the 

9

fixed sum, to the officer employed by council to collect the

10

same. [Such] The officer shall have the authority now vested by

11

law for the collection of borough taxes.

12

Section 254.  Section 2064 of the act, amended July 13, 1988

13

(P.L.521, No.91), is repealed:

14

[Section 2064.  Lien.--Such monthly, quarterly or annual

15

sewer rentals or charges, or such fixed sum, shall be a lien on

16

the properties charged with the payment thereof, from the date

17

set forth in the ordinance, and, if not paid after thirty days'

18

notice, may be collected by an action of assumpsit, in the name

19

of the borough against the owner of the property charged, or by

20

distress of personal property on the premises, or by a lien

21

filed in the nature of a municipal lien.]

22

Section 255.  Article XX subdivision (g) heading, sections

23

2071 and 2072, Article XXI heading and sections 2101, 2102,

24

2103, 2104 and 2105 of the act are repealed:

25

[(g)  Sewers on Boundary Streets

26

Section 2071.  Power to Lay and Construct.--Boroughs shall

27

have authority to lay and construct sewers in any street, any

28

portion of which is within the limits of the borough, and which

29

forms a portion of the boundary dividing the borough from any

30

other city, borough, or township within the same county, in the

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1

same manner and to the same extent as if the whole of said

2

street was within the limits of the said borough.

3

Section 2072.  Assessment of Benefits.--The property

4

benefited, improved or accommodated, which is located outside

5

the limits of the borough constructing such sanitary sewers,

6

shall, for a depth of one hundred fifty feet, be assessed for

7

the cost of such sewer, in the same manner as such property

8

would be assessed, under the laws of the Commonwealth, if it

9

were entirely located within the limits of such borough, if such

10

property is given permission to use such sanitary sewer and is

11

not, at the time such sanitary sewer is constructed, provided

12

with sanitary sewer facilities.

13

ARTICLE XXI

14

COLLECTION BY INSTALMENT OF STREET

15

AND SEWER ASSESSMENTS

16

Section 2101.  Authority for Instalment Payments.--Whenever

17

any borough shall authorize the construction or acquisition of

18

any sanitary sewer or system of sanitary sewers, or the

19

improvement of any street or portion thereof, and the entire

20

cost, or any part thereof, shall be assessed against the

21

properties benefited, improved or accommodated by such sewer or

22

system of sewers, or abutting upon such street or portion

23

thereof, such borough may authorize the payment of such

24

assessment in equal annual, or more frequent instalments. Such

25

instalment payments may be authorized by a general ordinance

26

applicable to all sanitary sewers or systems thereof and/or all

27

streets thereafter acquired, constructed or improved, as the

28

case may be, or by one or more specific ordinances applicable to

29

a specific sewer, system of sewers or street or portion thereof.

30

Every such ordinance shall specify the length of time over which

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1

such instalments may be extended and whether payments are to be

2

made by annual or more frequent instalments. All such

3

instalments shall bear interest, as provided in the applicable

4

ordinance, at a rate not to exceed six percent, commencing at

5

such time as may be fixed or regulated by ordinance: Provided,

6

That where bonds shall have been issued and sold in the manner

7

provided by law, to provide for the payment of any street

8

improvement, such assessments shall be payable in equal

9

instalments during the term for which such bonds are issued, and

10

the expenditures for such improvements, and interest thereon to

11

the first day when interest is payable on such bonds, shall be

12

taken as the cost of such improvement to be assessed on the

13

property benefited.

14

Section 2102.  Entry of Liens.--Claims to secure the

15

assessments shall be entered in the prothonotary's office of the

16

county at the same time and in the same form and shall be

17

collected in the same manner as municipal claims are filed and

18

collected, notwithstanding the provisions of this article on

19

instalment payments.

20

Section 2103.  Assessments; Where Payable.--Such assessments

21

shall be payable at the office of the borough treasurer, or such

22

other place as the ordinance shall provide, in semi-annual or

23

annual instalments, with interest at the rate provided from the

24

date from which interest is computed on the amount of the

25

assessments.

26

Section 2104.  Default in Payment of Instalment.--In case of

27

default in the payment of any instalment and interest for a

28

period of sixty days after the same shall become due, the entire

29

assessment and accrued interest shall become due; and the

30

borough solicitor shall proceed to collect the same under the

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1

general laws relating to the collection of municipal claims.

2

Section 2105.  Payments in Full.--Any owner of property,

3

against whom any such assessment shall have been made, may pay

4

the same in full, at any time, with interest and costs thereon

5

to the due date of the next instalment, and such payment shall

6

discharge the lien.]

7

Section 256.  The act is amended by adding an article to

8

read:

9

ARTICLE XXI-A

10

ASSESSMENTS AND CHARGES FOR PUBLIC IMPROVEMENTS

11

Section 2101-A.  Authority to assess.

12

(a)  General rule.--Borough council shall have the power to

13

pay the cost, in whole or in part, of any and all public

14

improvements of all natures and descriptions, including, but not

15

limited to, the grading, building, paving, regrading, rebuilding

16

and repaving of streets as defined in section 1701, the

17

creation, extension, renovation or enlargement of water mains

18

and sewage collection, transmission, treatment and disposal

19

systems and the creation, extension and renovation of storm,

20

surface and subsurface drainage systems, the construction,

21

reconstruction and repair of wharves and docks, the installation

22

of ornamental street lighting, or the planting, removal,

23

maintenance and protection of shade trees by any of the

24

following methods:

25

(1)  from general borough funds;

26

(2)  from special borough funds created for that purpose;

27

or

28

(3)  by assessment of costs against the benefited

29

properties either on the front foot or benefit conferred

30

method of assessment.

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1

Except as provided in subsection (c), the costs and expenses of

2

sanitary sewers may be assessed against properties benefited,

3

accommodated or improved regardless of the property line

4

location and regardless of whether any portion of a property so

5

benefited, accommodated or physically improved abuts upon the

6

sanitary sewer.

7

(b)  Payment of indebtedness.--

8

(1)  If a borough that incurs authorized indebtedness

9

pursuant to 53 Pa.C.S. Pt. VII Subpt. B (relating to

10

indebtedness and borrowing) for the purposes of funding the

11

cost and expense of making public improvements for which

12

assessments can be made in accordance with this article,

13

payments made on the assessment must be applied to pay the

14

debt service for the indebtedness incurred for funding the

15

cost and expense of making the public improvement.

16

(2)  Notwithstanding section 2107-A, when bonds are

17

issued in a manner provided by law and an assessment is to be

18

paid in installments, the assessment shall be payable in

19

equal installments during the term for which the bond is

20

issued, and the cost of the improvement plus interest

21

beginning the first day when interest is payable on the bond

22

shall be the cost of the improvement to be assessed on a

23

property.

24

(c)  Property outside borough.--Property benefited, improved

25

or accommodated which is located outside the limits of the

26

borough that constructed a sanitary sewer may, if located no

27

more than 150 feet from the sewer main, be assessed for the cost

28

of the sewer in the same manner as the property would be

29

assessed under the laws of this Commonwealth if it were entirely

30

located within the limits of the borough, if the property is

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1

given permission to use the sanitary sewer and is not, at the

2

time the sanitary sewer is constructed, provided with sanitary

3

sewer facilities.

4

(d)  Water mains.--Boroughs shall have power to assess the

5

whole cost or any part of the cost of construction of new water

6

mains built in connection with the establishment or extension of

7

a municipally owned water supply system, even if the mains are

8

located outside the limits of the borough, and that serve

9

abutting properties, against the properties abutting the

10

boundary line. The borough may provide that the assessment be

11

rebated to the owner of the assessed property out of rates

12

charged for water consumed in serving the assessed property. The

13

borough may also issue a negotiable credit memorandum in the

14

amount of the assessment which may be used for the payment of

15

any water service to the extent of the assessment.

16

Section 2102-A.  Notice of assessments.

17

The borough secretary shall cause 30 days' personal notice of

18

the assessment to be served upon each property owner assessed.

19

If a certificate is required to be filed with council relating

20

to the public improvement as otherwise provided in this act,

21

then a copy of the certificate shall accompany the notice.

22

"Personal notice" as used in this article shall mean and include

23

notice upon the owner of a property either by personal service

24

upon the owner or by certified mail to the owner at the owner's

25

last known address, or where service, after a reasonable

26

attempt, shall not have been successfully made by either of

27

these two methods, then by leaving notice at or upon the

28

property.

29

Section 2103-A.  Assessment based on front foot basis.

30

(a)  General rule.--If borough council elects to collect the

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1

cost, including any administrative fees, of any improvement on

2

the front foot basis, the cost to be collected shall be divided

3

by the total number of linear feet of street frontage of each

4

property benefited and there shall be assessed against each

5

property that portion of the cost which is determined by

6

multiplying the dividend of the prior calculation by the number

7

of linear feet for street frontage of that property.

8

(b)  Certificate of assessment.--Council shall issue a

9

certificate of assessment when assessing on the front foot

10

basis, duly certified under the seal of the borough and attested

11

by the president of council and secretary. The certificate of

12

assessment shall be prima facie evidence in any suit for

13

recovery of the same of the correctness and validity of the

14

assessment.

15

(c)  Adjustments in assessments.--Notwithstanding subsection

16

(a), council may make equitable adjustments for corner lots,

17

lots of irregular shape, or, where special conditions exist,

18

where an assessment for full frontage would be unjust.

19

Section 2104-A.  Assessment of benefits conferred.

20

(a)  General rule.--In lieu of the front foot basis, borough

21

council may elect to have the benefits of public improvements

22

assessed, in whole or in part, upon property benefited, improved

23

or accommodated by assessing an equal assessment on the

24

properties benefited, improved or accommodated in proportion to

25

the total cost of construction of the improvement. The amount of

26

the charge on each property shall be determined by borough

27

council.

28

(b)  Certificate.--Council shall issue a certificate of

29

assessment when assessing benefits upon property benefited,

30

improved or accommodated, duly certified under the seal of the

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1

borough and attested by the president of council and secretary.

2

The certificate of assessment shall be prima facie evidence in

3

any suit for recovery of the same of the correctness and

4

validity of the assessment.

5

Section 2105-A.  Assessment awards.

6

In proceedings to assess benefits, if the land or property is

7

both benefited and damaged by the public improvements, the

8

excess of damages over benefits, or the excess of benefits over

9

damages, or nothing in case the benefits and damages are equal,

10

shall be awarded to or assessed against the owner of land and

11

property affected thereby. Damages shall be calculated pursuant

12

to 26 Pa.C.S. (relating to eminent domain).

13

Section 2106-A.  Petition for viewers.

14

(a)  Petition.--Taxpayers of the borough whose property is

15

being assessed for benefits for a public improvement may present

16

a petition to the court of common pleas stating that the

17

assessment insufficiently represents the benefits accruing to

18

abutting, benefited or accommodated properties and may include

19

in the petition a request for the appointment of viewers to

20

assess benefits provided that at least 50% of the taxpayers

21

whose parcels are abutting, benefited or accommodated by the

22

public improvement in question join the petition or provided

23

that taxpayers whose property valuation as assessed for taxable

24

purposes within the borough amounts to at least 50% of the total

25

property valuation of the properties being assessed for the

26

public improvement join the petition. The petition must be

27

presented within three months of the adoption of the resolution

28

or enactment of the ordinance levying the assessment.

29

(b)  Viewers.--The court shall appoint three disinterested

30

viewers, none of whom shall be a resident of that portion of the

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1

borough that is benefited or accommodated by the public

2

improvement in question, and the viewers shall proceed under

3

this act and 26 Pa.C.S. (relating to eminent domain) for the

4

assessment of damages and benefits by viewers. Upon the filing

5

of the petition by taxpayers for the appointment of viewers, any

6

assessment made by the borough council and any proceedings shall

7

be stayed pending the disposition of the petition by the court.

8

Section 2107-A.  Payment of assessments in installments.

9

(a)  Installments.--Whenever any ordinance is passed

10

providing for a public improvement the expense of which is to be

11

defrayed by an assessment against properties benefited by the

12

improvement, either by the front foot or benefit conferred

13

methods, the ordinance shall specify the length of time over

14

which the installments may be extended and whether payments are

15

to be made by equal annual or more frequent installments. If the

16

provisions of section 2101-A(b)(2) and this subsection conflict,

17

the provisions of section 2101-A(b)(2) shall prevail to the

18

extent of the conflict.

19

(b)  Commencement of payments and rate of interest.--The

20

ordinance shall set a time when the installment payments shall

21

commence and shall set forth the rate of interest for the

22

installments which shall not be more than 6% per year.

23

(c)  Installment agreement.--The borough shall enter into a

24

written installment agreement with each property owner, subject

25

to the requirements of the ordinance pertaining to such

26

agreements and this article.

27

(d)  Unpaid installments.--If any of the installments shall

28

remain unpaid for 60 days after the same has become due and

29

payable, the entire unpaid assessment, plus unpaid accrued

30

interest and any costs, shall be due and payable and the borough

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1

solicitor shall proceed to collect the same by filing a lien in

2

the same manner as municipal claims are filed or by action in

3

assumpsit.

4

(e)  Prepayment.--A property owner upon whom an assessment

5

has been made may pay all or as many of the installments before

6

the same are due, with interest and costs to the due date of the

7

next installment.

8

Section 2108-A.  Collection of assessments.

9

(a)  Collection methods.--If any assessment remains unpaid at

10

the expiration of the 30-day personal notice, and an installment

11

agreement has not been entered into pursuant to section 2106-A,

12

the borough solicitor shall collect the unpaid assessment, with

13

interest from the time of completion of the improvement, or from

14

the time of filing a certificate of assessment with council,

15

plus costs, by filing a lien to be collected in the same manner

16

as municipal claims or by action in assumpsit. When a property

17

owner has two or more lots, against which there is an assessment

18

for the same improvement, all of the lots may be embraced in one

19

claim.

20

(b)  Payment location.--Assessments, whether paid one time or

21

by installments, shall be payable at the office of the borough

22

treasurer or any other place as the applicable ordinance shall

23

provide.

24

Section 257.  Article XXII heading of the act is reenacted to

25

read:

26

ARTICLE XXII

27

STORM SEWERS AND WATER COURSES

28

Section 258.  Sections 2201, 2202, 2203 and 2204 of the act

29

are amended to read:

30

Section 2201.  Authority of Boroughs.--Any borough may, by

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1

ordinance, after [a permit shall have been obtained from the

2

Water and Power Resources Board, and from the Federal

3

Government, where required] obtaining any required permit from

4

the Department of Environmental Protection, or other Federal or

5

State entity, do the following:

6

(1)  Widen and deepen any water course running through or

7

within the borough, erecting [such] dykes, retaining walls and

8

embankments along the [same] water course as may be necessary to

9

prevent the water from overflowing the banks [thereof];

10

(2)  Confine and pave any water course or portion thereof,

11

other than a navigable stream;

12

(3)  Engage in channel improvement through the construction

13

and maintenance of storm sewers and the accumulation and

14

discharge of water [thereinto] into storm sewers;

15

(4)  Vacate or alter the course or channel of any water

16

course, other than a navigable stream;

<--

17

(5)  Acquire, operate and maintain areas for the

18

infiltration, detention or retention of storm water and for

19

other methods of storm water management authorized by the

20

Department of Environmental Protection.

21

For any of [such] these purposes, a borough may enter upon

22

and condemn [such] property and materials as may be necessary.

23

No borough may confine and pave, vacate or alter any water

24

course used by any municipality, municipal authority or water

25

company as a source of supply, unless [such] the municipality,

26

municipal authority or water company shall first consent to

27

[such] the confining and paving, vacation or alteration.

28

Section 2202.  Right of Entry Upon Lands.--Any borough may

29

enter upon any land lying near any water course, and secure such

30

material as may be necessary for the purpose of making and

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1

repairing the embankments along [such] the water course, when

2

the same cannot be obtained by contract at reasonable price.

3

[Such] The boroughs shall cause no unnecessary damage to the

4

owners of [such] the land, and shall repair any fences [which

5

they may injure], structures or damage to the land that is

6

caused by the borough, and shall compensate the owner, either by

7

agreement or in accordance with the law governing eminent

8

domain, for any materials obtained pursuant to this section.

9

Section 2203.  Manner of Financing Work.--[The costs and

10

expenses of any work authorized under section 2201 of this act

11

may be paid wholly or in part by the borough from any moneys of

12

the borough available for the purpose, with or without the

13

assistance of the county, State or Federal Government, or the

14

whole or any part of such costs and expenses not thus aided may

15

be assessed, according to benefits as prescribed in article XV

16

of this act, against properties located within the drainage area

17

of such water course and benefited, improved or accommodated

18

thereby.] A borough may pay for the costs and expenses of any

19

work authorized under section 2201 wholly or in part from any

20

moneys of the borough available for the purpose. To the extent

21

that a borough does not receive assistance from the Federal,

22

State or county government for the costs and expenses of the

23

work, the borough may assess the benefited properties located

24

within the drainage area of the water course in accordance with

25

Article XXI-A.

26

Section 2204.  Proceedings to Assess Damages.--Any person

27

aggrieved by [reason of] any ordinance [passed] enacted or

28

action taken pursuant to the preceding sections of this article

29

may [complain to] file a complaint with the court of common

30

pleas[, and proceedings may be had in the court] to fix and

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1

determine the damages for property taken, injured or destroyed

2

[in the same manner as provided in] pursuant to the law

3

governing eminent domain.

4

Section 259.  The act is amended by adding sections to read:

5

Section 2205.  Unlawful to Build Within Right-of-Way of Storm

6

Sewers.--It shall be unlawful for any person to erect any

7

building or make any improvement within the right-of-way of any

8

storm sewer laid out after due notice of the laying out of the

9

storm sewer. If the erection or improvement is made, no

10

allowance shall be had in the assessment of damages.

11

Section 2206.  Power to Acquire Storm Sewer Systems.--(a)  A

12

borough may, by ordinance, acquire ownership of storm sewers,

13

culverts and the necessary inlets and appliances for surface,

14

under surface and storm sewer drainage by purchase, by the

15

exercise of eminent domain pursuant to 26 Pa.C.S. (relating to

16

eminent domain) or by gift from the owner or owners.

17

(b)  In eminent domain proceedings, the viewers shall assess

18

the costs and expenses of the storm sewer, culverts, inlets and

19

appliances acquired by the borough, upon the property or

20

properties benefited, according to benefits. Any deficiency that

21

is not assessed upon the benefited property or properties shall

22

be paid by the borough.

23

Section 260.  Article XXIII heading and sections 2301, 2302,

24

2303 and 2304 of the act are repealed:

25

[ARTICLE XXIII

26

UNDERGROUND CONDUITS

27

Section 2301.  Powers of Boroughs.--Any borough may define,

28

by ordinance, a reasonable district within which electric light,

29

electric power, telephone, telegraph and other types of wires

30

shall be placed underground in conduits, owned and constructed

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1

either by the borough or by corporations owning such wires, or

2

by corporations organized for the purpose of laying such

3

conduits and renting space therein.

4

Section 2302.  Borough Regulations.--Whenever conduits are

5

owned by any person, firm, or corporation, the borough may

6

regulate, by ordinance, the manner in which conduits shall be

7

used, and the terms and conditions of such use.

8

Section 2303.  Acquisition of Conduits; Assessment of

9

Damages.--Any borough may acquire existing conduits by purchase

10

or by condemnation, and, in the latter case, the proceedings for

11

the assessment of damages shall be the same as provided in the

12

law governing eminent domain.

13

Section 2304.  Borough Not to Surrender Rights.--The borough

14

authorities shall not surrender or barter away the rights

15

reserved in this article.]

16

Section 261.  Article XXIV and subdivision (a)(1) headings

17

and sections 2401, 2402, 2403 and 2404 of the act are amended to

18

read:

19

ARTICLE XXIV

20

[PUBLIC SERVICE] WATER SYSTEM

21

(a)  [Water Supply and Waterworks

22

(1)]  General Powers to Supply Water

23

Section 2401.  Power to Supply Water and Make Regulations.--

24

(a)  Boroughs may [provide a] supply [of] water for the use of

25

the public within [such] the borough, by [erecting] constructing

26

or purchasing and operating [waterworks, by purchasing and

27

operating waterworks] a water system, by entering into contract

28

with persons or corporations authorized to supply water within

29

the limits of [such] the borough, or partly by [the erection or

30

purchase and operation of waterworks] constructing or purchasing

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1

and operating a water system, and partly by entering into a

2

contract.

3

(b)  Borough council may make regulations for the protection

4

of water pipes, reservoirs and other apparatus used in the

5

supplying or storing of water, for the prevention of the waste

6

of water supplied and for the drilling of water wells within the

7

borough.

8

(c)  Borough council shall fix the rates to be charged for

9

the water furnished to individuals, partnerships, associations

10

or corporations and shall provide for the collection of water

11

rents from users of water supplied by the borough. The borough's

12

provision of water to users outside the borough limits, as to

13

character of service, extensions and rates, shall be subject to

14

any applicable approval, regulation, or control imposed by 66

15

Pa.C.S. Pt. I (relating to Public Utility Code).

16

Section 2402.  Contracts Not to Abridge Powers.--[No contract

17

for the supply of water hereafter entered into by any borough

18

with any person or corporation shall, in anywise, abridge the

19

power of the borough to construct and operate waterworks as

20

provided in the preceding section of this article, but such] A

21

borough's power to construct and operate a water system as

22

provided in section 2401 shall not be abridged by the borough

23

entering into a contract with a person or corporation for the

24

supply of water, but the power shall remain in force as though

25

[such] the contract had not been made.

26

Section 2403.  Issue of Bonds Where [Waterworks] Water System 

27

Acquired.--Where the price and terms are agreed upon, a borough

28

may become the owner of and operate any water system owned and

29

operated by a corporation furnishing water within the acquiring

30

borough, and in nearby [townships or boroughs] municipal

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1

corporations, and may pay [therefor] for the water system from

2

the revenues derived from general obligation bonds or utility

3

bonds issued in the manner provided by [the Municipal Borrowing

4

Law] 53 Pa.C.S. Pt. VII Subpt.B (relating to indebtedness and

5

borrowing).

6

Section 2404.  Refunding Bonds.--[Where any borough has

7

heretofore acquired or shall hereafter acquire any waterworks

8

and the appurtenances thereto, subject to any existing lien or

9

liens, and at the time of such acquisition issues utility bonds

10

secured solely by liens on the property of such waterworks and

11

imposing no municipal liability; then the borough may, at the

12

time such utility bonds mature, or at any time prior thereto,

13

issue and sell utility bonds for the purpose of refunding such

14

outstanding bonds, which refunding bonds shall be issued as

15

utility bonds in the manner provided by the Municipal Borrowing

16

Law. Such bonds so issued,] (a)  If a borough acquires a water

17

system, subject to any existing lien or liens and, at the time

18

of acquisition, issues utility bonds secured by the liens on the

19

water system and which imposes no municipal liability, then,

20

when the utility bonds mature or at any time prior, the borough

21

may issue and sell utility bonds for the purposes of refunding

22

the outstanding bonds. The refunding bonds shall be issued as

23

utility bonds pursuant to 53 Pa.C.S. Pt. VII Subpt. B (relating

24

to indebtedness and borrowing). The issued bonds shall not be

25

deemed to be the creation of new obligations but be deemed a

26

continuation of the bonds existing or created at the time of the

27

original acquisition of [said waterworks and the appurtenances

28

thereto] the water system.

29

[Such] (b)  The bonds shall not be refunded for a longer

30

period than twenty years, and the refunding lien bonds issued

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1

shall not bear interest at a rate exceeding six percent[, and

2

the]. The amount of the issued refunding lien bonds[, so

3

issued,] shall not exceed, in the aggregate, the amount of the

4

bonds to be refunded[: Provided, That], provided that any moneys

5

placed in any fund by the borough or by any commission of

6

[waterworks] the water system for the purpose of redeeming or

7

paying [such] the bonds at maturity, shall be first applied to

8

the payment, as far as applicable, of the principal of [such]

9

the bonds to be refunded, and the balance of [such] the bonds

10

only shall be refunded by the issue of new bonds.

11

Section 262.  Section 2405 of the act is repealed:

12

[Section 2405.  Rates in Particular Boroughs.--Whenever the

13

schedule of water rates in any borough, owning or controlling

14

waterworks, shall have been fixed or limited by special act of

15

Assembly, the borough may change the rates schedule or rates

16

from time to time.]

17

Section 263.  Sections 2406, 2407, 2408 and 2409 of the act

18

are amended to read:

19

Section 2406.  Contracts to Supply Water for Municipal

20

Purposes.--Boroughs may receive bids from water companies and

21

municipal authorities, authorized to do business within [such]

22

the borough, and from other municipalities operating [waterworks

23

or distributing water] a water system, for the supply of water

24

for fire protection and for other municipal purposes, and may

25

contract [therefor] for the supply of water with [such] the 

26

company.

27

Section 2407.  Power to Supply Water Beyond Limits of

28

Borough.--Whenever any borough is maintaining [waterworks] a

29

water system, it shall be lawful for [such] the borough to

30

supply water to persons and corporations outside the limits of

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1

[such] the borough[; but no such], but shall be subject to any

2

applicable approval or regulation imposed by 66 Pa.C.S. Pt. I

3

(relating to Public Utility Code). The privilege shall not 

4

conflict with the corporate rights of any water company, or the

5

rights of any other municipality or municipal authority.

6

Section 2408.  Assessment for Water Mains.--Boroughs shall

7

have power to assess the whole cost, or any part of the cost, of

8

construction of new water mains, built in connection with the

9

establishment or extension of a municipally owned water supply

10

system in accordance with Article XXI-A, whether [such mains be]

11

the mains are located within or without the limits of the

12

borough[, and serving the properties abutting thereon, against

13

the properties abutting along the line thereof, by the foot-

14

front rule, and to collect such assessments as other municipal

15

claims are now by law collectible: Provided, That the assessment

16

may be rebated to the owner of the property assessed, out of

17

rates charged for water consumed in serving the property so

18

assessed: And provided further, That the borough may issue

19

negotiable credit memorandum to the amount of the assessment,

20

which may be used for the payment of any water service to the

21

extent of the said assessment].

22

Section 2409.  Sale of [Waterworks.--] Water System.--(a)  By

23

ordinance, a borough may sell all or part of its [waterworks

24

and/or water distribution] water system to a purchaser at [such]

25

an agreed upon price [as the parties may agree upon], and

26

thereafter for all purposes that price shall be deemed to be the

27

purchaser's original cost less accrued depreciation of the plant

28

at the date of purchase[: Provided, That no]. No such ordinance,

29

however, shall take effect until the expiration of ten days

30

following its enactment and if, within [such] that ten-day

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1

period, a protest, signed by at least ten percent of the

2

registered electors of the borough [shall be] is filed with the

3

borough council, [such] the sale shall be stayed pending a

4

referendum on the ordinance.

5

(b)  The borough secretary within five days following the

6

filing of [such] the protest, shall certify to the county board

7

of elections a copy of the ordinance and the fact of the

8

protest, together with the number of signers [thereof] of the

9

protest, and the county board of elections shall direct a

10

referendum to be held on the matter at a special election to be

11

held at the time of the next general or municipal or primary

12

election occurring not less than sixty days from the date of

13

[such] the certification by the borough secretary. [Such] The 

14

referendum shall be conducted by the county board of elections

15

in the manner provided by the Pennsylvania Election Code for the

16

holding of special elections. The ballot used when voting upon

17

the question shall contain a question stating the nature and

18

purpose of the ordinance and providing that a "yes" vote shall

19

be to sustain the ordinance and a "no" vote shall be to reject

20

it. If more electors vote to sustain the ordinance than to

21

reject it, [such] the ordinance shall take effect immediately[;

22

if]. If more electors shall vote to reject the ordinance than to

23

sustain it, [such] the ordinance shall be null and void and

24

shall not take effect.

25

Section 264.  Article XXIV subdivision (a)(2) heading of the

26

act is renumbered and amended to read:

27

[(2)] (a.1)  Acquisition by Eminent Domain

28

Section 265.  Sections 2411 and 2412 of the act are amended

29

to read:

30

Section 2411.  Appropriation of Lands and Waters.--Any

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1

borough desiring to [erect waterworks,] build a water system or

2

to improve its water supply[,] may appropriate springs, streams,

3

rivers, or creeks and lands, easements and rights of way, within

4

or without its limits[, and, for], provided that if the

5

appropriation is outside its limits, the appropriation shall be

6

in compliance with 26 Pa.C.S. § 206 (relating to

7

extraterritorial takings). For the purpose of conducting water

8

obtained outside [the] its limits [of the borough,] a borough 

9

may lay pipes under and over any lands, rivers, streams,

10

bridges, highways and under railroads. No water appropriated

11

under the provisions of this section shall be used in [such] a 

12

manner as to deprive the owner [thereof] of the water of the

13

free use and enjoyment of the same for domestic or farm

14

purposes. The exercise of the powers in this section shall be

15

subject to any required approvals or permits from the Department

16

of Environmental Protection or other Federal or State entity.

17

Section 2412.  Agreements as to Damages; Bonds.--Prior to any

18

[such] appropriation pursuant to section 2411, the borough shall

19

attempt to agree with the owner as to the damage done, or likely

20

to be done[, and, if]. If the parties cannot agree, the borough

21

shall [file its bond in the court of common pleas, conditioned

22

for the payment to the owner of the property of the damages for

23

the taking thereof, when the same shall have been ascertained.

24

Upon the approval of the bond and filing thereof, the borough

25

may enter upon such property.] proceed pursuant to 26 Pa.C.S.

26

(relating to eminent domain).

27

Section 266.  Section 2413 of the act is repealed:

28

[Section 2413.  Appointment of Viewers; Proceedings.--Upon

29

petition of either the property owner or borough, at any time

30

thereafter, the court shall appoint three viewers from the

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1

county board of viewers, who shall assess the damages for the

2

property or rights appropriated, and shall fix a time for their

3

meeting, of which notice shall be given to all parties

4

interested. The proceedings for the assessment of damages shall

5

be as provided in the law governing eminent domain.]

6

Section 267.  Article XXIV subdivision (a)(3) heading of the

7

act is renumbered and amended to read:

8

[(3)] (a.2)  Acquisition by Purchase after Appraisement

9

Section 268.  Sections 2421, 2422 and 2423 of the act are

10

amended to read:

11

Section 2421.  Petition to Court Expressing Desire to Acquire

12

[Waterworks] a Water System.--Whenever any person, firm, or

13

corporation [shall own] owns any [waterworks or] water system,

14

and a borough is desirous of owning and operating [such

15

waterworks or] the water system, [such] a borough may present

16

its petition to the court of common pleas of the county where

17

the water system is located, setting forth that the borough is

18

desirous of owning [such waterworks or] the water system, and

19

that it will be necessary to issue bonds, and that a value

20

should be placed upon [such waterworks or] the water system,

21

including all property, real and personal, used in connection

22

therewith.

23

Section 2422.  Appointment of Engineers as Appraisers to Make

24

Valuation.--The court shall [thereupon] appoint three civil

25

engineers as appraisers, to value and appraise [such waterworks

26

or] the water system, and the property used in connection

27

[therewith] with the water system, and the contracts or

28

agreements with municipalities [or townships, who]. The civil

29

engineers shall file their report in the court within three

30

months after their appointment, unless [such] the time [be] is 

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1

extended by the court.

2

Section 2423.  Powers of Appraisers.--The appraisers shall

3

have access to the books and records of the person, firm, or

4

corporation owning [such waterworks or] the water system, to

5

inform themselves as to the income and value [thereof] of the

6

water system. They shall have power to administer oaths and are

7

authorized to take the testimony of witnesses. Their report

8

shall be final if not appealed from.

9

Section 269.  Section 2424 of the act, repealed in part June

10

3, 1971 (P.L.118, No.6), is amended to read:

11

Section 2424.  Appeal from Appraisement.--Within ten days

12

after notice of the filing of any report in court, either party

13

may appeal from [such] the appraisement by filing a petition for

14

a hearing before the court, alleging an undervaluation or

15

overvaluation of the property[, and praying for a hearing before

16

the court]. The court shall [thereupon] fix a time when [such]

17

the appeal may be heard, [of which time at least ten days'

18

notice shall be given to the parties] giving at least ten days'

19

notice to the parties, and, upon such hearing, the court shall

20

have power to affirm or modify [such] the report as to it

21

appears just and proper.

22

Section 270.  Sections 2425 and 2426 of the act are amended

23

to read:

24

Section 2425.  Effect of Failure of Owner of Works to Accept

25

Price Fixed.--After the value is finally determined, the borough

26

is authorized to buy [such waterworks or] the water system at

27

the valuation so fixed[; and the]. The person, firm, or

28

corporation owning the [same] water system shall, within ten

29

days after notice, file in court its consent to sell and convey

30

its [waterworks or] water system and property to the borough at

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1

the valuation fixed[;] and, in default [thereof, such] of the

2

filing of the consent, the person, firm, or corporation shall

3

cease to have any exclusive privilege of supplying the borough,

4

or the citizens [thereof] of the borough, with water, and the

5

borough may install [such waterworks or] the water system as may

6

be necessary for the accommodation of the public.

7

Section 2426.  [Issue of Bonds] Bond Issue and Limitations.--

8

For the purpose of [such purchase] purchasing a water system, 

9

the borough may issue utility bonds in the manner provided by

10

[the Municipal Borrowing Law.] 53 Pa.C.S. Pt. VII Subpt. B

11

(relating to indebtedness and borrowing). The bonds shall not

12

exceed in amount the value fixed by the appraisers or the court.

13

The proceeds of the sale of the bonds shall be used exclusively

14

for the purpose of paying for the property acquired.

15

Section 271.  Section 2427 of the act is repealed:

16

[Section 2427.  Limit of Bond Issue.--Such bonds shall not

17

exceed in amount the value fixed by the appraisers or the court.

18

The proceeds of the sale of such bonds shall be used exclusively

19

for the purpose of paying for the property acquired.]

20

Section 272.  Article XXIV subdivision (a)(4) heading of the

21

act is renumbered and amended to read:

22

[(4)] (a.3)  Power to Lease [Waterworks] a Water System

23

Section 273.  Sections 2431, 2432 and 2433 of the act are

24

amended to read:

25

Section 2431.  Lease of [Waterworks] a Water System.--The

26

council of any borough may enter into a contract with any

27

individual, [copartnership] partnership, association, or

28

corporation, for the leasing of any water [supply, works,

29

systems, and property, or both of such] system of the 

30

individual, [copartnership] partnership, association, or

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1

corporation.

2

Section 2432.  Term of Lease; Rental.--[Such leasing] The

3

lease term may be for [such] a term of years and at [such] a 

4

rental price, as shall be agreed upon by the borough and the

5

individual, copartnership, association, or corporation.

6

Section 2433.  Operation of Property.--[The property, so

7

acquired, shall be operated in the same manner as if the same

8

had been acquired by such borough by purchase or condemnation

9

proceedings] A borough shall have the same powers in operating a

10

leased water system as it would have in operating a purchased or

11

condemned water system.

12

Section 274.  Section 2434 of the act is repealed:

13

[Section 2434.  Rates.--The council of the borough shall fix

14

the rates to be charged for the water furnished without the

15

limits of such borough to individuals, copartnerships,

16

associations, or corporations.]

17

Section 275.  Article XXIV subdivision (a)(5) heading of the

18

act is renumbered and amended to read:

19

[(5)] (a.4)  Joint [Waterworks] Water System

20

Section 276.  Sections 2436, 2437 and 2438 of the act are

21

amended to read:

22

Section 2436.  Joint Acquisitions and Constructions.--[Two or

23

more boroughs may unite, or any borough may unite with a city or

24

township] A borough may join with one or more municipal

25

corporations in the construction or acquisition and maintenance

26

of [waterworks] a water system.

27

Section 2437.  Permit of [Sanitary Water Board] Department of

28

Environmental Protection.--The construction of [such waterworks]

29

a water system shall be commenced only after plans for [such

30

waterworks have] the water system has been filed with the

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1

Department of [Health and the Water and Power Resources Board]

2

Environmental Protection and, if required by law, other Federal

3

or State entities, and permits issued in accordance with law.

4

Section 2438.  Joint Commission of [Waterworks] a Water

5

System.--The [boroughs, cities and townships] municipal

6

corporations joining in [any such] the construction or

7

acquisition and maintenance of [waterworks, in order to

8

facilitate the building, operation and maintenance of the same,

9

and in securing preliminary surveys and estimates,] a water

10

system may, by ordinance, provide for the appointment of a joint

11

commission of [waterworks, composed of one representative from

12

each of the boroughs, cities and townships joining, which] a

13

water system in order to facilitate the construction, operation

14

and maintenance of the water system and to secure preliminary

15

surveys and estimates. The joint commission shall act generally

16

as the advisory and administrative agency in the construction of

17

[such] the improvement and its subsequent operation and

18

maintenance and shall be composed of one representative from

19

each of the joining municipal corporations. The members of [such

20

board] the commission shall serve for terms of six years each

21

from the dates of their respective appointments and until their

22

successors are appointed. The commission shall organize by the

23

election of a [chairman] chair, secretary and treasurer. The

24

secretary and treasurer may be the same person. The [several

25

boroughs, cities and townships] municipal corporations may in

26

the ordinances creating the commission authorize it to appoint

27

an engineer, a solicitor and [such] other assistants as are

28

deemed necessary and agree to share the compensation for

29

attending its meetings as shall be fixed in the budget prepared

30

by the commission and submitted to and adopted by the [several

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1

boroughs, cities and townships] joining municipal corporations. 

2

The budget item providing for the compensation to the members

3

for attending meetings shall not exceed five hundred dollars

4

($500) per year, but members in addition thereto shall be

5

entitled to actual expenses to be paid by the respective

6

[boroughs, cities and townships which such] municipal

7

corporations that the members represent. The fee for each

8

attendance at meetings shall be stipulated and no member shall

9

be paid a fee for any meeting [he] the member does not attend.

10

Section 277.  Article XXIV subdivision (a)(6) heading of the

11

act is renumbered and amended to read:

12

[(6)] (a.5)  Condemnation of Lands for Road Purposes

13

and to Prevent Contamination

14

Section 278.  Sections 2441 and 2442 of the act are amended

15

to read:

16

Section 2441.  [Overflowing Roads] Prevention of

17

Contamination of Water Supply; Acquisition of Lands to

18

Reconstruct Roads.--[Whenever any borough, in supplying water to

19

the public, shall find it necessary, in storing water] (a)  If a

20

borough finds it necessary, when storing water for supply to the

21

public, to occupy and overflow [with water] portions of any

22

public road with water, or whenever any public road leads into

23

or crosses over any reservoir used for the storage of water, the

24

borough shall [cause such road to be reconstructed, at its own

25

expense, on a favorable location, and in as perfect manner as

26

the original road, and, for such purposes is authorized to

27

condemn land, whenever an agreement as to the price cannot be

28

had with the owners.], at its own expense, reconstruct or build

29

a road in a favorable location and it shall be in the same or

30

better condition as the original road. A borough is authorized

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1

to condemn land for these purposes if an agreement as to price

2

cannot be reached with the landowner. A condemnation of land

3

outside the borough limits shall be in conformity with 26

4

Pa.C.S. § 206 (relating to extraterritorial takings).

5

(b)  A borough may acquire, by purchase or condemnation, land

6

along and contiguous to streams of water or reservoirs from

7

which water is taken for public use if necessary to preserve the

8

water from contamination.

9

Section 2442.  Filing Maps and Plans.--[After such] If a 

10

change is made pursuant to section 2441(a), the borough shall

11

file in the court of [quarter sessions of the county] common

12

pleas a map or plan showing [such] the change of road, and if

13

the road is outside the limits of the borough, it shall furnish

14

to the [supervisors or other authorities of the township, or

15

municipal corporation] governing body of the municipal

16

corporation, a copy of [such] the map.

17

Section 279.  Sections 2443 and 2444 of the act are repealed:

18

[Section 2443.  Condemnation of Lands to Prevent

19

Contamination.--Any borough may acquire, by purchase or

20

condemnation, such land along and contiguous to the streams of

21

water or reservoirs from which water is taken for public use, as

22

may be necessary to preserve the same from contamination.

23

Section 2444.  Condemnation Proceedings.--The damages

24

incurred in changing the location of any such public road, and

25

in condemning land to preserve water from contamination, shall

26

be ascertained in the manner provided in the law governing

27

eminent domain, and shall be paid by the borough.]

28

Section 280.  Article XXIV subdivision(a)(7) heading of the

29

act is renumbered and amended to read:

30

[(7)] (a.6)  Commission of [Waterworks] the Water System

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1

Section 281.  Sections 2451 and 2452 of the act, amended July

2

11, 1996 (P.L.549, No.97), are amended to read:

3

Section 2451.  Commission May Be Established.--Whenever any

4

borough owns and maintains [waterworks] a water system, there

5

may be established in [such] the borough, by ordinance, a

6

commission of [waterworks] the water system, which shall have

7

the power of a nonprofit corporation, to be composed of either

8

three or five citizens of the borough, appointed by the borough

9

council who shall be known as commissioners of [waterworks] the

10

water system. At any time after three years from the first

11

appointment of the commissioners of [waterworks] the water

12

system, the borough may abolish [such] the commission by

13

repealing the ordinance establishing the same[, and therefore],

14

which shall terminate the terms of the commissioners then in

15

office [shall terminate].

16

Section 2452.  Terms of Commissioners; Compensation.--(a)  

17

[It] If a borough establishes a commission of the water system,

18

it shall be the duty of the borough council to appoint [such]

19

the commissioners of [waterworks] the water system. If there are

20

three commissioners, one shall be appointed to serve for one

21

year, one for two years, and one for three years[;], and

22

annually thereafter, the council shall appoint one commissioner

23

of [waterworks] the water system to serve a term of three years.

24

If there are five commissioners, one shall be appointed to serve

25

for one year, one for two years, one for three years, one for

26

four years and one for five years[;], and annually thereafter, 

27

the council shall appoint one commissioner of [waterworks] the

28

water system to serve a term of five years. [The terms of

29

commissioners of waterworks in office on the effective date of

30

this act shall terminate on the effective date of this act.] In

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1

case of a vacancy, the council shall fill the same for the

2

unexpired term. [Such] The commissioners of [waterworks] the

3

water system may receive a salary for their services and shall

4

be reimbursed by the borough for all expenses necessarily

5

incurred in the performance of their [duty] duties.

6

(b)  The salary of the commissioners shall not exceed in

7

service areas with fewer than five thousand metered accounts a

8

maximum of one thousand eight hundred seventy-five dollars

9

($1875) per year or one hundred fifty-six dollars and twenty-

10

five cents ($156.25) per month; in service areas with five

11

thousand but fewer than ten thousand metered accounts, a maximum

12

of two thousand five hundred dollars ($2500) per year or two

13

hundred and eight dollars and thirty-three cents ($208.33) per

14

month; in service areas with ten thousand but fewer than fifteen

15

thousand metered accounts, a maximum of three thousand two

16

hundred and fifty dollars ($3250) per year or two hundred and

17

seventy dollars and eighty-three cents ($270.83) per month; in

18

service areas with fifteen thousand but fewer than twenty-five

19

thousand metered accounts, a maximum of four thousand one

20

hundred and twenty-five dollars ($4125) per year or three

21

hundred and forty-three dollars and seventy-five cents ($343.75)

22

per month; in service areas with twenty-five thousand but fewer

23

than thirty-five thousand metered accounts, a maximum of four

24

thousand three hundred seventy-five dollars ($4375) per year or

25

three hundred sixty-four dollars and fifty-eight cents ($364.58)

26

per month; and in service areas with thirty-five thousand or

27

more metered accounts, a maximum of five thousand dollars

28

($5000) per year or four hundred and sixteen dollars and sixty-

29

seven cents ($416.67) per month.

30

Section 282.  Sections 2453, 2454, 2455, 2456, 2457 and 2458

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1

of the act are amended to read:

2

Section 2453.  Organization of Commissioners.--It shall be

3

the duty of the commissioners of [waterworks] the water system 

4

to meet within ten days after their first appointment, and

5

annually thereafter, and organize by electing a president and

6

secretary.

7

Section 2454.  Powers of Commission.--After organization, the

8

commissioners shall take charge and control of the [waterworks]

9

water system of [such] the borough. The commission shall have

10

power to appoint all necessary officers and agents, and take

11

from [them such] the officers and agents security for the

12

faithful performance of their [duty] duties as [they] the

13

commission shall deem proper[; and], to fix the salaries and

14

wages of [such] the officers and agents[;], to provide for the

15

repair, extension, improvement and maintenance of [such

16

waterworks] the water system, and the [erection] construction of

17

a new [waterworks;] water system, to collect water rents and to

18

make and establish the rates and conditions upon which water

19

will be furnished to applicants [therefor], subject to any

20

applicable approval, regulation or control imposed by 66 Pa.C.S.

21

Pt. I (relating to Public Utility Code) and to make bylaws and

22

regulations for the economic and efficient management of [such

23

waterworks] the water system, which shall not be inconsistent

24

with any of the laws of the Commonwealth, or the rules and

25

regulations of the [Sanitary Water Board or the Water and Power

26

Resources Board of the Commonwealth] Department of Environmental

27

Protection. No such bylaws or regulations shall become effective

28

until they have been approved by the borough council and enacted

29

as ordinances of the borough.

30

Section 2455.  Issue of Bonds.--The borough may, upon the

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1

request of the commissioners of [waterworks] the water system,

2

issue general obligation or non-debt revenue bonds for the

3

extension of the [waterworks] water system or the erection of a 

4

new [waterworks. Such] water system. The bonds shall be

5

designated ["waterworks] "water system bonds" and shall be

6

issued and sold in the manner provided by [the Municipal

7

Borrowing Law] 53 Pa.C.S. Pt. VII Subpt. B (relating to

8

indebtedness and borrowing).

9

Section 2456.  Plans and Specifications for the Improvements;

10

Contracts.--The commissioners shall prepare plans and

11

specifications of all work to be performed and materials

12

necessary for the repair, maintenance, and extension of [such

13

waterworks] the water system, or the [erection] construction of

14

a new [waterworks; and] water system. The commissioners shall,

15

after plans and specifications for the extension or the

16

[erection] construction of [waterworks have] a water system has 

17

been submitted to and approved by the [Sanitary Water Board]

18

Department of Environmental Protection, and a permit granted

19

[therefor by the board] as may be required by law, invite

20

proposals for the performing of [such] the work and the

21

furnishing of [such] materials[;], and shall advertise for bids

<--

22

as required by law, and shall let contracts [therefor] to the

23

lowest responsible bidder, and shall take adequate security for

24

the performance of all such contracts and for the payment of all

25

labor and materials.

26

Section 2457.  Reports by Commission.--The commissioners

27

shall make a monthly report to the borough council of the

28

receipts and disbursements during the preceding month, and

29

annually make a detailed report of the condition of the

30

[waterworks, which shall be published or otherwise made

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1

available by the council for the information of the public.]

2

water system. Both the monthly and annual reports shall be

3

deemed to be public records.

4

Section 2458.  Care of Funds.--[The commissioners shall cause

5

all moneys collected to be deposited weekly, by the collectors,]

6

Collectors shall be appointed by the commissioners, pursuant to

7

section 2454, who shall collect all moneys for water rents. The

8

moneys collected shall be deposited weekly with the borough

9

treasurer, who shall return a receipt [therefor] to the

10

commissioners. All moneys [so] collected shall be kept in a

11

separate fund, and shall be used for the purpose of repairing,

12

maintaining and extending [such waterworks] the water system,

13

and the [erection] construction of a new [waterworks] water

14

system. All moneys remaining after [such] the expenditures shall

15

be used solely for the payment of any indebtedness on [said

16

waterworks] the water system and any indebtedness incurred by

17

the borough for constructing, maintaining, improving, enlarging

18

or extending [said waterworks] the water system. [Said moneys

19

shall be used for no purpose other than as provided in this

20

section.] No money shall be drawn from [such] the fund except

21

upon order countersigned by the president and secretary of the

22

commission.

23

Section 283.  Article XXIV subdivision (a)(8) heading of the

24

act is renumbered and amended to read:

25

[(8)] (a.7)  Water Connections

26

Section 284.  Sections 2461, 2462 and 2463 of the act are

27

amended to read:

28

Section 2461.  Ordinances to Require Water Connections.--[Any

29

borough supplying water for the use of the public within such

30

borough, in any manner mentioned in section 2401 of this act,]

- 385 -

 


1

(a)  Borough council may, by ordinance, require any owner of

2

property [abutting upon any street in which there is a water

3

main constructed or acquired by the borough, to make connections

4

with such water line, for the purpose of conducting water to

5

such property. The borough may by penalties enforce any

6

regulation it may ordain with reference to such water

7

connections.] to connect with and use a water system of the

8

borough or municipal authority or a joint water board in either

9

of the following cases:

10

(1)  Except as provided in subsection (b), if the property

11

owner's principal building is located within one hundred fifty

12

feet of a water system or any part or extension of the system.

13

(2)  If the property owner's principal building has no supply

14

of water which is safe for human consumption.

15

(b)  A property owner who, after the effective date of this

16

subsection, is subject to mandatory connection pursuant to

17

subsection (a)(1) shall not be required to connect to the water

18

system pursuant to that subsection if all of the following

19

conditions exist:

20

(1)  The water system or part or extension of the system that

21

is within one hundred fifty feet of the principal building was

22

in existence on the effective date of this subsection.

23

(2)  The principal building has its own supply of water which

24

is safe for human consumption.

25

(3)  Prior to the effective date of this subsection, the

26

property owner was not required to connect to the existing

27

system.

28

(c)  A borough may also require any owner of property to

29

install and maintain a backflow prevention device based on the

30

degree of potential hazard of the connected property in

<--

- 386 -

 


1

accordance with the act of November 10, 1999 (P.L.491, No.45),

2

known as the "Pennsylvania Construction Code Act," and

3

regulations promulgated thereunder.

4

(d)  A borough may assess penalties for the violation of

5

ordinances pertaining to water connections or backflow

6

prevention devices.

7

Section 2462.  Notice of Ordinance; Failure to Comply With

8

Ordinance.--The owner shall be given at least forty-five days'

9

notice of any ordinance requiring [such] a water connection,

10

and, upon failure of [such] the owner to make [such] the

11

required connection, the borough may make the [same] connection,

12

and collect the cost [thereof] from the owner by a municipal

13

claim or in an action of assumpsit. All connections required

14

shall be uniform.

15

Section 2463.  Water Main Tapping Fees.--Any borough may, by

16

ordinance, provide for charging a tapping fee calculated in

17

accordance with 53 Pa.C.S. § 5607 (relating to purposes and

18

powers) whenever the owner of any property connects [such] the

19

property with a water main constructed or acquired by the

20

borough[, which]. The tapping fee shall be in addition to any

21

charges assessed and collected against [such] the property in

22

the construction or acquisition of [such] the water main by the

23

borough. Whenever a water main or part or extension [thereof]

24

owned by a borough has been constructed by the borough at the

25

expense of a private person or corporation or has been

26

constructed by a private person or corporation under the

27

supervision of the borough at the expense of the private person

28

or corporation, the borough shall have the right to charge a

29

tapping fee calculated in accordance with 53 Pa.C.S. § 5607 and

30

refund [said] the tapping fee or any part [thereof] of the

- 387 -

 


1

tapping fee to the person or corporation who has paid for the

2

construction of [said] the water main or any part or extension

3

[thereof]. The total of [said] the refunds shall never exceed

4

the cost of [said] the system or any part or extension [thereof]

5

to the person or corporation paying for the construction

6

[thereof].

7

Section 285.  Article XXIV subdivision (b) heading of the act

8

is repealed:

9

[(b)  Manufacture and Supply of Electricity]

10

Section 286.  Section 2471 of the act, amended December 16,

11

1992 (P.L.1215, No.158), is repealed:

12

[Section 2471.  Manufacture and Purchase of Electricity.--Any

13

borough may manufacture or purchase electricity for the use of

14

the inhabitants of such borough. Any borough owning or operating

15

electric light plants may make contracts for supplying

16

electricity for commercial purposes outside the limits of such

17

borough, with the consent of the municipal and township

18

authorities. Nothing in this section shall conflict with the

19

corporate rights of any corporation empowered to supply

20

electricity in territory adjacent to such boroughs, or with the

21

rights of any other borough. No person, firm, or corporation

22

shall introduce electric current for light, heat, or power

23

purposes, without the consent of the borough authorities, into

24

the limits of any borough which is furnishing electric current

25

to the inhabitants: Provided, however, That this section shall

26

not apply to any person, firm, or corporation manufacturing

27

electricity exclusively for its own use: And provided further,

28

That any borough which constructs an electric light plant, or

29

purchases the property of any person, copartnership, or electric

30

light company, and incurs debt for any of such purposes, shall

- 388 -

 


1

incur such debt in accordance with and to the extent permitted

2

by the act of July 12, 1972 (P.L.781, No.185), known as the

3

"Local Government Unit Debt Act." Nothing in this act shall be

4

construed so as to disallow any borough from operating a cable

5

television system.]

6

Section 287.  Sections 2471.1 and 2471.2 of the act, added

7

December 30, 1982 (P.L.1465, No.333), are repealed:

8

[Section 2471.1.  Operation of Electric Plants.--(a)  The

9

following words and phrases when used in this section shall

10

have, unless the context clearly indicates otherwise, the

11

meanings given to them in this subsection:

12

(1)  "Project" means any electric plants, hydroelectric plant

13

works, system, facilities, or real or personal property,

14

together with all parts thereof and appurtenances thereto, used

15

or useful in connection with the generation, production,

16

transmission, purchase, sale, exchange or interchange of

17

electric power or energy, or any interest therein or right to

18

capacity thereof.

19

(2)  "Revenue bond" means an instrument imposing an

20

obligation for the repayment of money borrowed, payable as to

21

both principal and interest exclusively from the income and

22

revenues derived from an interest in an electric light plant or

23

project.

24

(b)  A borough may own, construct, acquire by lease, purchase

25

or otherwise gain an interest as co-owner or tenant in common

26

and operate and manage or cause to be operated and managed an

27

electric light plant or project located within or without this

28

Commonwealth jointly with any other borough, political

29

subdivision, subdivision of the Federal Government, State,

30

political subdivision of another state, private corporation

- 389 -

 


1

empowered to supply electricity, electric cooperative

2

corporation formed under the act of June 21, 1937 (P.L.1969,

3

No.389), known as the "Electric Cooperative Corporation Act," or

4

electric cooperative corporation in another state.

5

(c)  A borough which jointly owns, constructs, leases,

6

purchases or otherwise gains an interest in an electric light

7

plant or project shall have the power to do and accomplish all

8

actions reasonably necessary and incident to the administration,

9

operation and management of the plant or project. This power

10

shall be vested in the corporate authorities: Provided, however,

11

That a borough shall not become a stockholder in, obtain or

12

appropriate money for or loan its credit to any corporation,

13

association, institution or individual or otherwise act contrary

14

to the provisions of section 9 of Article IX of the Constitution

15

of Pennsylvania. In addition to the powers enjoyed by all

16

boroughs, a borough which gains an interest in an electric light

17

plant or project under subsection (b) shall have the following

18

powers:

19

(1)  to cooperate with private power companies, other

20

boroughs, electric cooperative corporations and other public or

21

private electric power entities, inside and outside of this

22

Commonwealth, in the development of electric power and energy;

23

(2)  to make such studies as may be necessary to determine

24

the feasibility and cost of any additional sources and supplies

25

of electric power and energy;

26

(3)  to contract for the purchase, sale, exchange,

27

interchange, wheeling, pooling or transmission of electric power

28

and energy or for the right to the capacity thereof, inside and

29

outside of this Commonwealth, to and from any public or private

30

power entities, private power companies, other boroughs and

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1

electric cooperative corporations;

2

(4)  to procure insurance against any losses in connection

3

with its property, operations or assets in such amounts and from

4

such insurers as the corporate authorities deem desirable;

5

(5)  to contract for and to accept any gifts or grants or

6

loans of funds or property or financial or other aid in any form

7

from the United States of America or any agency or

8

instrumentality thereof, or from any other source;

9

(6)  to grant the use, by lease or otherwise, and to make

10

charges for the use, of any property or facility owned or

11

controlled by it;

12

(7)  to procure from the United States of America or any

13

agency or instrumentality thereof, or from any state or agency

14

or instrumentality thereof, any consents, authorizations or

15

approvals which may be requisite to enable ownership, operation,

16

construction or repair;

17

(8)  to borrow money and from time to time to issue revenue

18

bonds, and to enter into agreements with the purchasers of such

19

revenue bonds; and

20

(9)  to mortgage any property acquired or owned under

21

subsection (b) to secure the payment of its revenue bonds, or

22

other obligations issued to finance such acquisition, ownership

23

or repair.

24

(d)  In the erection and extension of an electric light plant

25

or project under subsection (b) and for all other purposes

26

authorized by this act, a borough may enter upon, appropriate,

27

injure, or destroy private lands, property or material according

28

to the proceedings set forth in the law governing eminent

29

domain: Provided, however, That a borough shall not have the

30

power of condemnation with regard to any property of a private

- 391 -

 


1

or public retail electric supplier which geographically lies

2

beyond the boundaries of the corporate limits of the borough.

3

(e)  A borough which gains an interest in an electric light

4

plant or project under subsection (b) may fix, establish,

5

maintain and collect or authorize by contract or otherwise the

6

establishment, levying and collection of such rates, fees,

7

rental or other charges, including connection charges, for the

8

services afforded by or in connection with any properties which

9

it constructs, erects, owns, acquires, operates or manages, and

10

for the sale or transmission of electric energy and power as it

11

may deem necessary, proper, desirable and reasonable.

12

(f)  A borough which gains an interest in an electric light

13

plant or project under subsection (b) may pay all or part of the

14

cost therefor from the revenues derived from the sale of revenue

15

bonds issued in the manner provided by the act of July 12, 1972

16

(P.L.781, No.185), known as the "Local Government Unit Debt

17

Act."

18

(g)  Interest and principal paid on revenue bonds issued by a

19

borough under subsection (f) shall be exempt from all State

20

taxes of whatsoever kind or nature.

21

Section 2471.2.  Municipal Power Agencies.--(a)  The

22

following words and phrases when used in this section shall

23

have, unless the context clearly indicates otherwise, the

24

meanings given to them in this subsection:

25

(1)  "Municipal power agency" means a separate body politic

26

and corporate under the laws of the Commonwealth of Pennsylvania

27

created by agreement between or among two or more boroughs

28

pursuant to this section.

29

(2)  "Project" means any electric plant or plants,

30

hydroelectric plant works, system, facilities or real or

- 392 -

 


1

personal property, together with all parts thereof and

2

appurtenances thereto, used or useful in connection with the

3

generation, production, transmission, purchase, sale, exchange

4

or interchange of electric power or energy, or any interest

5

therein or right to capacity thereof.

6

(3)  "Revenue bond" means an instrument imposing an

7

obligation for the repayment of money borrowed, payable as to

8

both principal and interest exclusively from the income and

9

revenues derived from an interest in an electric light plant or

10

project.

11

(b)  Any two or more boroughs may form a municipal power

12

agency by the execution of any agency agreement authorized by a

13

resolution of the corporate authorities of each borough. Such

14

agency agreement shall state:

15

(1)  The name of the agency, which shall include the words

16

"municipal power agency."

17

(2)  The names of the boroughs which have approved the agency

18

agreement and are initial members of the municipal power agency.

19

(3)  That the municipal power agency is created pursuant to

20

the authority granted by this act.

21

(4)  The names and addresses of the persons initially

22

appointed by the corporate authorities to act as representatives

23

to the municipal power agency from the member boroughs.

24

(5)  The limitations, if any, placed on the powers or terms

25

of representatives appointed by the corporate authorities of the

26

member boroughs.

27

(6)  The names and addresses of the initial board of

28

directors of the municipal power agency, if known by the time of

29

filing, which shall be constituted by not less than five persons

30

who are representatives of the member boroughs, selected by the

- 393 -

 


1

vote of a majority of such representatives.

2

(c)  The agency agreement referred to in subsection (b) and a

3

certified copy of the resolution of the corporate authorities of

4

each borough shall be filed for record with the Secretary of the

5

Commonwealth. If the agency agreement meets the requirements of

6

this subsection, the Secretary of the Commonwealth shall record

7

it and issue and record a certificate of incorporation which

8

shall be conclusive proof of a substantial compliance with the

9

requirements of this subsection. The certificate shall state the

10

name of the municipal power agency and the fact and date of

11

incorporation. Upon the issuance of the certificate of

12

incorporation the existence of the municipal power agency as a

13

political instrumentality of the Commonwealth shall begin.

14

(d)  The bylaws of the municipal power agency and any

15

amendments thereto, shall be proposed by the board of directors

16

and shall be adopted by a majority vote of the representatives

17

of the member boroughs, unless the agency agreement requires a

18

greater vote, at a meeting held after notice. Subject to the

19

provisions of the agency agreement, the bylaws shall state:

20

(1)  the qualifications of member boroughs, and limitations,

21

if any, upon their number;

22

(2)  conditions of membership, if any;

23

(3)  manner and time of calling regular meeting of

24

representatives of member boroughs;

25

(4)  manner and conditions of termination of membership; and

26

(5)  such other provisions for regulating the affairs of the

27

municipal power agency as the representatives of the member

28

boroughs shall determine to be necessary.

29

(e)  Every municipal power agency shall maintain an office in

30

this Commonwealth to be known as its registered office. When a

- 394 -

 


1

municipal power agency desires to change the location of its

2

registered office, it shall file with the Secretary of the

3

Commonwealth a certificate of change of location of registered

4

office, stating the new location by city, town or other

5

community and effective date of change. When the certificate of

6

change of location has been duly filed, the board of directors

7

may make the change without any further action.

8

(f)  Each of the directors shall hold office for the term for

9

which he has been selected and until a successor has been

10

selected and has qualified. Directors shall discharge their

11

duties in good faith, and with that diligence and care which an

12

ordinary prudent person in a like position would exercise under

13

similar circumstances. The agency agreement, or the bylaws may

14

prescribe the number, term of office, powers, authority and

15

duties of directors, the time and place of their meetings and

16

other regulations concerning directors. Except where the agency

17

agreement or bylaws prescribe otherwise, the term of office of a

18

director shall be for one year. Except where the agency

19

agreement or bylaws prescribe otherwise, a meeting of the board

20

of directors may be held at any place, within the Commonwealth,

21

designated by the board, after notice, and an act of the

22

majority of the directors present at a meeting at which a quorum

23

is present is the act of the board. Except where the agency

24

agreement or bylaws prescribe otherwise, any vacancy occurring

25

on the board shall be filled by a person nominated by the

26

remaining members of the board and elected by a majority of

27

representatives of the member boroughs.

28

(g)  Except where the agency agreement or bylaws prescribe

29

otherwise, the board of directors shall appoint a president from

30

its membership, and a secretary and treasurer, and any other

- 395 -

 


1

officers or agents deemed to be necessary, who may but need not

2

be borough representatives or directors. An officer may be

3

removed with or without cause by the board of directors.

4

Officers of the municipal power agency shall have the authority

5

and duties in the management of the business of the municipal

6

power agency that the agency agreement or bylaws prescribe, or,

7

in the absence of such prescription, as the board of directors

8

determines.

9

(h)  Except as otherwise provided in the agency agreement or

10

the bylaws, the duly authorized representatives of each member

11

borough shall act as, and vote on behalf of, such borough.

12

Except where the agency agreement or bylaws provide otherwise,

13

representatives of the member boroughs shall hold at least one

14

meeting each year for the election of directors and for the

15

transaction of any other business. Except where the agency

16

agreement or bylaws prescribe otherwise, special meetings of the

17

representatives may be called for any purpose upon written

18

request to the president or secretary to call the meeting. Such

19

officer shall give notice of the meeting to be held between ten

20

and sixty days after receipt of such request. Unless the agency

21

agreement or bylaws provide for a different percentage, a quorum

22

for a meeting of the representatives of the member boroughs is a

23

majority of the total members and a quorum for meetings of the

24

board of directors is a majority of the membership of such

25

board.

26

(i)  The agency agreement may be amended as proposed at any

27

meeting of the representatives of the members for which notice,

28

stating the purpose, shall be given to each representative and,

29

unless the agency agreement or bylaws require otherwise, shall

30

become effective when ratified by resolutions of a majority of

- 396 -

 


1

the corporate authorities of the member boroughs. Each amendment

2

and the resolutions approving it shall be filed for record with

3

the Secretary of the Commonwealth.

4

(j)  Each member borough shall have full power and authority,

5

within budgetary limits applicable to it, to appropriate money

6

for the payment of expenses of the formation of the municipal

7

power agency and of its representative in exercising its

8

functions as a member of the agency.

9

(k)  A municipal power agency may own, construct, acquire by

10

lease, purchase or otherwise gain an interest by itself or as

11

co-owner or tenant in common and operate and manage or cause to

12

be operated and managed an electric light plant or project

13

located within or without this Commonwealth jointly with any

14

political subdivision, subdivision of the Federal Government,

15

State, political subdivision of another state, private

16

corporation empowered to supply electricity, electric

17

cooperative corporation formed under the act of June 21, 1937

18

(P.L.1969, No.389), known as the "Electric Cooperative

19

Corporation Act," or electric cooperative corporation in another

20

state.

21

(l)  All powers of a municipal power agency shall be

22

exercised by its board of directors, unless otherwise provided

23

by the agency agreement or bylaws. A municipal power agency

24

shall have the power to do and accomplish all actions reasonably

25

necessary and incident to the ownership, construction,

26

acquisition, administration, operation and management of an

27

electric light plant or project. Among the specific powers of a

28

municipal power agency shall be the following:

29

(1)  to sue and be sued;

30

(2)  to enter into contracts;

- 397 -

 


1

(3)  to cooperate with private power companies, boroughs,

2

electric cooperative corporations and other public or private

3

electric power entities, inside and outside of this

4

Commonwealth, in the development of electric power and energy;

5

(4)  to make such studies as may be necessary to determine

6

the feasibility and cost of any additional sources and supplies

7

of electric power and energy;

8

(5)  to contract for the purchase, sale, exchange,

9

interchange, wheeling, pooling or transmission of electric power

10

and energy or for the right to the capacity thereof, inside and

11

outside of this Commonwealth, to and from any public or private

12

power entities, private power companies, other boroughs and

13

electric cooperative corporations;

14

(6)  to procure insurance against any losses in connection

15

with its property, operations or assets in such amounts and from

16

such insurers as the board of directors deems desirable;

17

(7)  to contract for and to accept any gifts or grants or

18

loans of funds or property or financial or other aid in any form

19

from the United States of America or any agency or

20

instrumentality thereof, or from any other source;

21

(8)  to acquire, hold, use, operate and dispose of personal

22

property;

23

(9)  to acquire, hold, use and dispose of its income,

24

revenues, funds and moneys;

25

(10)  to acquire, own, use, lease, operate and dispose of

26

real property and interests in real property and to make

27

improvements thereon;

28

(11)  to grant the use, by lease or otherwise, and to make

29

charges for the use, of any property or facility owned or

30

controlled by it;

- 398 -

 


1

(12)  to procure from the United States of America or any

2

agency or instrumentality thereof, or from any state or agency

3

or instrumentality thereof, any consents, authorizations or

4

approvals which may be requisite to enable ownership, operation,

5

construction or repair;

6

(13)  to borrow money and from time to time to issue revenue

7

bonds and to enter into agreements with the purchasers of such

8

revenue bonds;

9

(14)  to invest funds not required for immediate use,

10

including but not limited to proceeds from the sale of revenue

11

bonds: Provided, however, That the power of a municipal power

12

agency to invest shall be the same as that of a borough, as

13

exercised by the borough council pursuant to clause (6) of

14

section 1005 and section 1316; and

15

(15)  to mortgage any property acquired or owned to secure

16

the payment of its revenue bonds or other obligations issued to

17

finance such acquisition, ownership or repair.

18

(m)  In the erection and extension of an electric light plant

19

or project, and for all other purposes authorized by this act, a

20

municipal power agency may enter upon, appropriate, injure or

21

destroy private lands, property or material according to the

22

proceedings set forth in the law governing eminent domain:

23

Provided, however, That a municipal power agency shall not have

24

the power of condemnation with regard to any property of a

25

private or public retail electric supplier which geographically

26

lies beyond the boundaries of the corporate limits of its member

27

boroughs.

28

(n)  A municipal power agency which gains an interest in an

29

electric light plant or project may pay all or part of the cost

30

therefor from the revenues derived from the sale of revenue

- 399 -

 


1

bonds issued in the manner provided by the act of July 12, 1972

2

(P.L.781, No.185), known as the "Local Government Unit Debt

3

Act."

4

(o)  A municipal power agency may make and enforce bylaws or

5

rules which it deems necessary or desirable and may establish,

6

fix, levy and collect or may authorize, by contract, franchise,

7

lease or otherwise, the establishment, levying and collection

8

of, rents, rates and other charges for the services afforded by

9

the municipal power agency, including connection for the

10

services afforded by the municipal power agency, including

11

connection charges or by or in connection with any project or

12

properties which it may construct, erect, acquire, own, operate

13

or control, or with respect to which it may have any interest or

14

any right to capacity thereof and for the sale of electric

15

energy or of generation or transmission capacity or services as

16

it may deem necessary, proper, desirable and reasonable. Rents,

17

rates and other charges shall be at least sufficient to meet

18

expenses thereof, including reasonable reserves, interest and

19

principal payments.

20

(p)  Interest and principal paid on revenue bonds, issued by

21

a municipal power agency shall be exempt from all State taxes of

22

whatsoever kind or nature.]

23

Section 288.  Section 2471.3 of the act, added October 27,

24

2010 (P.L.862, No.87), is repealed:

25

[Section 2471.3.  Additional Contracting Authority for

26

Electric Power and Energy.--(a)  In addition to the authority

27

provided under section 2471, a borough that, on the effective

28

date of this section, owns or operates electric generation or

29

distribution facilities and a borough that is a member of a non-

30

profit membership corporation may contract with the non-profit

- 400 -

 


1

membership corporation for the following:

2

(1)  The development of electric power and associated energy,

3

including the conduct of investigations or studies necessary to

4

determine the feasibility and cost of additional sources and

5

supplies of electric power and associated energy.

6

(2)  The purchase, sale, exchange, interchange, wheeling,

7

pooling or transmission of electric power and associated energy

8

or the right to the capacity from sources and projects in this

9

Commonwealth or another state for a period not to exceed fifty

10

years.

11

(b)  A contract under subsection (a)(2) shall include the

12

purpose of the contract, the duration of the contract and

13

available procedures to terminate the contract subsequent to the

14

repayment of all indebtedness secured under the contract.

15

(c)  If a borough is a member of a non-profit membership

16

corporation, a contract under subsection (a)(2) may, if

17

specifically set forth in the contract, obligate the borough to:

18

(1)  take and pay for a minimum quantity of electric power

19

and associated energy if the power and energy is available for

20

delivery;

21

(2)  in connection with a project owned by the non-profit

22

membership corporation or in which the non-profit membership

23

corporation obtains an undivided ownership interest, to take or

24

pay for a minimum amount of electric power and energy; or

25

(3)  pay for electric power and energy only if utilized by

26

the borough.

27

(d)  (1)  The authority under subsection (c)(1) shall apply

28

whether or not the borough accepts delivery of the power and

29

energy.

30

(2)  The authority under subsection (c)(2) shall apply

- 401 -

 


1

notwithstanding the suspension, interruption, interference or

2

reduction or curtailment of the output of the project or the

3

electric power and energy contracted for and whether or not:

4

(i)  the electric power and energy is available for delivery

5

to the borough; or

6

(ii)  the borough accepts delivery of the electric power and

7

energy.

8

(e)  No borough may be obligated under a take-or-pay or take-

9

and-pay arrangement entered into with a non-profit membership

10

corporation in which the borough maintains membership unless

11

that obligation is expressly authorized by an act of the borough

12

council.

13

(f)  A non-profit membership corporation shall not:

14

(1)  condition membership in the non-profit membership

15

corporation on the inclusion of any take-or-pay or take-and-pay

16

obligations in a contract under subsection (a)(2); or

17

(2)  except as set forth in subsection (g), require take-or-

18

pay or take-and-pay obligations in a contract with a borough

19

unless the contract meets the criteria of subsection (c)(1) or

20

(2).

21

(g)  A borough which is a member of a non-profit membership

22

corporation may enter into future power supply contracts,

23

contract renewals or contract extensions with the non-profit

24

membership corporation under subsection (c)(3):

25

(1)  with no take-or-pay or take-and-pay obligations as

26

permitted by subsection (c)(1) and (2); and

27

(2)  without prejudice or discrimination as compared to any

28

other borough which chooses to enter into contracts permitted by

29

subsection (c)(1) and (2) with the non-profit membership

30

corporation.

- 402 -

 


1

(h)  In order to carry out subsection (g), a non-profit

2

membership corporation which provides or offers electric power

3

and associated energy to a member borough in this Commonwealth

4

under subsection (a)(2) shall offer, to all of its member

5

boroughs in this Commonwealth, future power supply contract

6

terms, contract renewals or contract extensions under subsection

7

(c)(3) on a comparable and nondiscriminatory basis and with

8

similar terms and conditions to future power supply contract

9

terms, contract renewals or contract extensions that would be

10

appropriate under subsection (c)(3) which the non-profit

11

membership corporation contemporaneously offers to its members

12

in other states.

13

(i)  All obligations under a contract under subsection (a)(2)

14

shall be paid from revenues derived from the operation of the

15

borough's electric system, and payments shall be an operating

16

expense of the borough's electric system.

17

(j)  If explicitly set forth in a contract under subsection

18

(a)(2), a borough may agree to assume, prorate or otherwise 

19

become liable for the obligations of another borough of this

20

Commonwealth or of a political subdivision of another state that

21

is a member of the non-profit membership corporation if the

22

borough or other political subdivision defaults in the payment

23

of its obligations for the purchase of the electric power and

24

associated energy. The contract may include provisions to permit

25

a borough to succeed to the rights and interests of the

26

defaulting borough or political subdivision to purchase electric

27

power and associated energy. A borough's liability for the

28

obligations of a defaulting borough of this Commonwealth or a

29

political subdivision of another state shall not exceed twenty-

30

five percent of a borough's initial nominal entitlement to

- 403 -

 


1

electric power and associated energy under the contract.

2

(k)  None of the obligations under the contract shall

3

constitute a legal or equitable pledge, charge, lien or

4

encumbrance on any property of the borough or on any of its

5

income, receipts or revenues, except revenues of its electric

6

system. The full faith and credit and the taxing power of the

7

borough shall not be pledged for the payment of an obligation

8

under the contract.

9

(l)  The provisions of this section are intended to add to

10

the powers and rights of a borough, and nothing in this section

11

shall be construed to limit either the general or specific

12

powers or rights of a borough set forth in this act.

13

(m)  As used in this section, the term "non-profit membership

14

corporation" means an entity the membership of which:

15

(1)  consists solely of Pennsylvania boroughs, such as a

16

consortium, buying group or municipal power agency under section

17

2471.2; or

18

(2)  consists of Pennsylvania boroughs and political

19

subdivisions of another state or states.]

20

Section 289.  Sections 2472, 2473, 2474, 2475 and 2476 of the

21

act are repealed:

22

[Section 2472.  May Regulate Use and Prices.--Any borough

23

furnishing electricity may regulate the use of electricity in

24

dwellings, business places, and other places in such borough,

25

and the rate to be charged for the same.

26

Section 2473.  Sale of Electric Light Works.--By ordinance, a

27

borough may sell all or part of its electric light works to a

28

purchaser for such sale price as the parties may agree upon, and

29

thereafter for all purposes that price shall be deemed to be the

30

purchaser's original cost less accrued depreciation of the plant

- 404 -

 


1

at the date of purchase.

2

Section 2474.  Purchase of Electric Light Works.--Whenever

3

any person, copartnership, or any electric light company

4

organized under the laws of the Commonwealth, is furnishing

5

light to any borough or the public within such borough, such

6

borough may purchase the works of such person, copartnership, or

7

corporation, at such price as may be agreed upon by the borough

8

and such person or copartnership, or a majority in value of the

9

stockholders of such corporation.

10

Section 2475.  Petition for Viewers.--Upon failure so to

11

agree on purchase price the borough may present a petition to

12

the court of common pleas, asking for the appointment of viewers

13

to assess the value of the plant and works so proposed to be

14

purchased whereupon the court shall appoint three viewers from

15

the county board of viewers, neither of whom shall be interested

16

in such works, or be stockholders in such corporation, or

17

taxpayers in such borough, and shall appoint a time for their

18

meeting, of which ten days' notice shall be given to all parties

19

in interest.

20

Section 2476.  Duty of Viewers.--The viewers, having been

21

sworn or affirmed justly and impartially to appraise the

22

property, and having viewed the premises and taken such

23

testimony as may be offered by any party touching the value of

24

the property and franchises, they shall determine the amount of

25

damages that such person, copartnership, or corporation will

26

sustain, and to whom payable, and make report thereof to the

27

court; which report shall be confirmed "nisi" by the court, and

28

if no appeal is taken as hereinafter provided, shall be

29

confirmed absolutely.]

30

Section 290.  Section 2477 of the act, repealed in part June

- 405 -

 


1

3, 1971 (P.L.118, No.6), is repealed:

2

[Section 2477.  Appeal from Report; Trial by Jury.--Either

3

party may, at any time within thirty days after the confirmation

4

"nisi" of any such report, appeal therefrom to the court of

5

common pleas of the county. After such appeal, either party may

6

put the cause at issue, in the form directed by the court, and

7

the same shall be tried before a jury.]

8

Section 291.  Sections 2478 and 2479, Article XXIV

9

subdivision (c) heading, section 2481, subdivision (d) heading

10

and sections 2491, 2492 and 2493 of the act are repealed:

11

[Section 2478.  Exceptions to Report.--If any exceptions are

12

filed with any appeal, they shall be speedily disposed of, and,

13

if allowed, a new view shall be ordered; but if disallowed, the

14

appeal shall proceed as before provided.

15

Section 2479.  Notices.--The court shall have power to order

16

what notice shall be given in connection with any part of such

17

proceedings.

18

(c)  Operation of Gas Wells; Gas Works

19

Section 2481.  Authority to Purchase Natural Gas Well.--Any

20

borough shall have authority to purchase, own, use, operate and

21

control any natural gas well, or wells, for the purpose of

22

supplying natural gas for its own municipal purposes.

23

(d)  Airports

24

Section 2491.  Authority to Secure Lands for Airports.--Any

25

borough is hereby authorized and empowered to acquire, by lease

26

or purchase, any land, lying either within or without the limits

27

of such borough, which, in the judgment of the council thereof,

28

may be necessary and desirable for the purpose of establishing

29

and maintaining municipal airport facilities. The proceedings

30

for the condemnation of land under the provisions of this

- 406 -

 


1

subdivision, and for the assessment of damages for property

2

taken, injured or destroyed, shall be conducted in the manner

3

provided by the law governing eminent domain. The title acquired

4

by the borough exercising the power of condemnation shall be a

5

title in fee simple.

6

Section 2492.  Authority to Establish Airports and Lease the

7

Same.--Any borough, acquiring land under the provisions of this

8

subdivision, is authorized and empowered to establish, equip,

9

condition, operate and maintain the same as a municipal airport,

10

and may lease the same, or any part thereof, to any individual

11

or corporation desiring to use the same for aviation purposes;

12

and any borough may enter into a contract, in the form of a

13

lease, providing for the use of said land, or any part thereof,

14

by the Government of the United States, for the use by said

15

Government of said land for aviation purposes upon nominal

16

rental or without consideration.

17

Section 2493.  Joint Airports.--Any borough, acquiring land

18

under the provisions of this subdivision, is authorized and

19

empowered to acquire, by lease or purchase, land for aviation

20

purposes, as hereinbefore provided, jointly with any county,

21

city, borough, township, or political subdivision of this

22

Commonwealth, and is hereby authorized and empowered to operate

23

and maintain said airport, jointly, with any county, city,

24

borough, township, or other political subdivision of this

25

Commonwealth, upon such terms and conditions as may be agreed

26

upon between the proper authorities of the county, city,

27

borough, township, or other political subdivision of this

28

Commonwealth.]

29

Section 292.  The act is amended by adding an article to

30

read:

- 407 -

 


1

ARTICLE XXIV-A

2

MANUFACTURE AND SUPPLY OF ELECTRICITY

3

Section 2401-A.  Definitions.

4

The following words and phrases when used in this article

5

shall have the meanings given to them in this section unless the

6

context clearly indicates otherwise:

7

"Municipal power agency."  A separate body politic and

8

corporate under the laws of this Commonwealth created by

9

agreement between or among two or more boroughs pursuant to

10

section 2404-A.

11

"Project."  Electric plants, hydroelectric plant works,

12

system, facilities or real or personal property, together with

13

their parts and appurtenances, used or useful in connection with

14

the generation, production, transmission, purchase, sale,

15

exchange or interchange of electric power or energy, or any

16

interest therein or right to capacity thereof.

17

"Revenue bond."  An instrument imposing an obligation for the

18

repayment of money borrowed, payable as to both principal and

19

interest exclusively from the income and revenues derived from

20

an interest in an electric plant or project.

21

Section 2402-A.  General powers.

22

(a)  Electric plants and projects.--A borough may, either

23

singly or jointly, manufacture or purchase electricity for the

24

use of its inhabitants, own, construct, acquire by lease,

25

purchase or otherwise gain an interest in, operate and manage or

26

cause to be operated and managed, an electric plant or project

27

located within or without this Commonwealth. In the exercise of

28

any of the foregoing powers, a borough may join with any other

29

borough, political subdivision, agency or instrumentality of the

30

Federal Government, State government, political subdivision of

- 408 -

 


1

another state, private corporation empowered to supply

2

electricity, electric cooperative corporation formed under 15

3

Pa.C.S. Ch. 73 Subchs. A (relating to preliminary provisions)

4

and B (relating to powers, duties and safeguards), or previously

5

formed under the act of June 21, 1937 (P.L.1969, No.389), known

6

as the Electric Cooperative Corporation Act (REPEALED 1990-198),

7

or electric cooperative corporation in another state.

8

(b)  Contracts for supplying electricity.--A borough owning

9

or operating an electric plant may make contracts for supplying

10

electricity for commercial purposes outside the limits of the

11

borough, provided that the borough has received the consent of

12

the other municipal governing body and, if applicable, subject

13

to 66 Pa.C.S. Pt. I (relating to Public Utility Code).

14

(c)  Additional sources.--A borough may conduct studies as

15

necessary to determine the feasibility and cost of any

16

additional sources and supplies of electric power and energy and

17

may cooperate with private power companies, other boroughs,

18

electric cooperative corporations and other public or private

19

electric power entities, within or without this Commonwealth, in

20

the development of electric power and energy.

21

(d)  Consent of borough to supply electricity.--No person,

22

partnership or corporation may introduce electric current for

23

light, heat or power purposes, without the consent of the

24

borough council, into the limits of any borough that is

25

furnishing electric current to its inhabitants, provided,

26

however, that this subsection shall not apply to any person,

27

partnership or corporation manufacturing electricity exclusively

28

for its own use.

29

(e)  Corporate rights.--Nothing in this article may conflict

30

with the corporate rights of any corporation empowered to supply

- 409 -

 


1

electricity in the territory adjacent to the borough, or with

2

the rights of any other municipality.

3

(f)  Restrictions.--A borough shall not become a stockholder

4

in, obtain or appropriate money for or loan its credit to any

5

corporation, association, institution or individual or otherwise

6

act contrary to the provisions of section 9 of Article IX of the

7

Constitution of Pennsylvania.

8

(g)  General powers.--A borough, through its governing body,

9

shall have the power to do and accomplish all actions reasonably

10

necessary and incident to the administration, operation and

11

management of a plant or project.

12

Section 2403-A.  Specific powers.

13

(a)  Specific powers enumerated.--In addition to exercising

14

its general powers under section 2402-A, a borough, through its

15

governing body, shall have the following powers:

16

(1)  To contract for the purchase, sale, exchange,

17

interchange, wheeling, pooling or transmission of electric

18

power and energy or for the right to the capacity thereof,

19

inside and outside of this Commonwealth, to and from any

20

public or private power entities, private power companies,

21

other boroughs and electric cooperative corporations.

22

(2)  To regulate the use of and the charge for

23

electricity furnished by the borough for use throughout the

24

borough. A borough may fix, establish, maintain and collect

25

or authorize by contract or otherwise the establishment,

26

levying and collection of the rates, fees, rental or other

27

charges, including connection charges, for the services

28

afforded by or in connection with any properties which the

29

borough constructs, erects, owns, acquires, operates or

30

manages, and for the sale or transmission of electric energy

- 410 -

 


1

and power as it deems necessary, proper, desirable and

2

reasonable.

3

(3)  To procure insurance against any losses in

4

connection with its property, operations or assets in the

5

amounts and from such insurers as the governing body or

6

bodies deem desirable.

7

(4)  To contract for and to accept any gifts, grants or

8

loans of funds or property, or financial or other aid in any

9

form from the United States of America or any agency or

10

instrumentality of the United States of America, or from any

11

other source.

12

(5)  To lease, or otherwise grant the use of, and to make

13

charges for the use of any property or facility owned or

14

controlled by the borough.

15

(6)  To procure from the United States of America or any

16

agency or instrumentality of the United States of America, or

17

from any state or agency or instrumentality of the State, any

18

consents, authorizations or approvals which may be requisite

19

to enable ownership, operation, construction or repair.

20

(7)  To borrow money and from time to time to issue

21

revenue bonds, and to enter into agreements with the

22

purchasers of the revenue bonds. Any borough that incurs debt

23

for the construction or purchase of an electric plant, or

24

land on which to construct an electric plant, or gains an

25

interest in an electric plant or project under section 2402-A

26

shall incur the debt in accordance with and to the extent

27

permitted by 53 Pa.C.S. Pt. VII Subpt. B (relating to

28

indebtedness and borrowing). Interest and principal paid on

29

revenue bonds issued by a borough under this article shall be

30

exempt from all State taxes of whatsoever kind or nature.

- 411 -

 


1

(8)  To mortgage any property acquired or owned under

2

section 2402-A to secure the payment of its revenue bonds or

3

other obligations issued to finance the acquisition,

4

ownership or repair.

5

(9)  To sell, by ordinance, all or part of its electric

6

works to a purchaser for the sale price agreed upon by the

7

parties, and thereafter, for all purposes, that price shall

8

be deemed to be the purchaser's original cost less accrued

9

depreciation of the plant at the date of purchase.

10

(10)  To purchase the electric works of any person,

11

partnership, or electric company organized under the laws of

12

this Commonwealth that is furnishing light to the borough or

13

the public within the borough. The borough and the person,

14

partnership or a majority in value of the stockholders of a

15

corporation, may agree upon the purchase price, but upon

16

failure of the parties to agree on the price, the borough may

17

proceed according to the laws of eminent domain.

18

(b)  Eminent domain.--In the erection and extension of an

19

electric plant or project under this article, and for all other

20

purposes authorized by this act, a borough may enter upon,

21

appropriate, injure or destroy private lands, property or

22

material according to the proceedings set forth in 26 Pa.C.S.

23

(relating to eminent domain). A borough, however, shall not have

24

the power of condemnation with regard to any property of a

25

private or public retail electric supplier which geographically

26

lies beyond the boundaries of the corporate limits of the

27

borough.

28

Section 2404-A.  Municipal power agencies.

29

(a)  General rule.--Two or more boroughs may form a municipal

30

power agency by the execution of an agency agreement authorized

- 412 -

 


1

by a resolution an ordinance of the governing bodies of each

<--

2

borough. The agency agreement shall state:

3

(1)  The name of the agency, which shall include the

4

words "municipal power agency."

5

(2)  The names of the boroughs which have approved the

6

agency agreement and are initial members of the municipal

7

power agency.

8

(3)  That the municipal power agency is created pursuant

9

to the authority granted by this act.

10

(4)  The names and addresses of the persons initially

11

appointed by the governing bodies to act as representatives

12

to the municipal power agency from the member boroughs.

13

(5)  The limitations, if any, placed on the powers or

14

terms of representatives appointed by the governing bodies of

15

the member boroughs.

16

(6)  The names and addresses of the initial board of

17

directors of the municipal power agency, if known by the time

18

of filing, which shall be constituted by not less than five

19

persons who are representatives of the member boroughs,

20

selected by the vote of a majority of the representatives.

21

(b)  Certificate of incorporation.--The agency agreement

22

under subsection (a) and a certified copy of the resolution 

<--

23

ordinance of the governing body of each borough shall be filed

<--

24

for record with the Secretary of the Commonwealth. If the agency

25

agreement meets the requirements of this section, the Secretary

26

of the Commonwealth shall record the agreement and issue and

27

record a certificate of incorporation which shall be conclusive

28

proof of substantial compliance with the requirements of this

29

section. The certificate shall state the name of the municipal

30

power agency and the fact and date of incorporation. Upon the

- 413 -

 


1

issuance of the certificate of incorporation, the existence of

2

the municipal power agency as a political instrumentality of the

3

Commonwealth shall begin.

4

(b.1)  Open meetings.--Regular and special meetings of the

<--

5

representatives of member boroughs and the board of directors as

6

provided in this section shall be subject to 65 Pa.C.S. Ch. 7

7

(relating to open meetings).

8

(c)  Bylaws.--The bylaws of the municipal power agency and

9

any amendments, shall be proposed by the board of directors and

10

shall be adopted by a majority vote of the representatives of

11

the member boroughs, unless the agency agreement requires a

12

greater vote at a meeting held after notice. Subject to the

13

provisions of the agency agreement, the requirements of this act

<--

14

and the laws of this Commonwealth, the bylaws shall state:

15

(1)  the qualifications of member boroughs, and

16

limitations, if any, upon their number;

17

(2)  conditions of membership, if any;

18

(3)  the manner and time of calling regular meetings of

19

representatives of member boroughs;

20

(4)  the manner and conditions of termination of

21

membership; and

22

(5)  such other provisions for regulating the affairs of

23

the municipal power agency as the representatives of the

24

member boroughs shall determine to be necessary.

25

(d)  Registered office.--Every municipal power agency shall

26

maintain an office in this Commonwealth to be known as its

27

registered office. When a municipal power agency desires to

28

change the location of its registered office, it shall file with

29

the Secretary of the Commonwealth a certificate of change of

30

location of registered office, stating the new location by

- 414 -

 


1

address, including street and number, if any, and effective date

2

of change. When the certificate of change of location has been

3

duly filed, the board of directors may make the change without

4

any further action.

5

(e)  Directors.--Each of the directors shall hold office for

6

the term for which the director has been selected and until a

7

successor has been selected and has qualified. Directors shall

8

discharge their duties in good faith, and with that diligence

9

and care which an ordinary prudent person in a like position

10

would exercise under similar circumstances. The agency agreement

11

or the bylaws may prescribe the number, term of office, powers,

12

authority and duties of directors, the time and place of their

13

meetings and other regulations concerning directors, in a manner

<--

14

consistent with law. Except where the agency agreement or bylaws

15

prescribe otherwise, the term of office of a director shall be

16

for one year. Except where the agency agreement or bylaws

17

prescribe otherwise, a meeting of the board of directors may be

18

held at any place within this Commonwealth designated by the

19

board, after notice, and an act of the majority of the directors

20

present at a meeting at which a quorum is present is the act of

21

the board. Except where the agency agreement or bylaws prescribe

22

otherwise, any vacancy occurring on the board shall be filled by

23

a person nominated by the remaining members of the board and

24

elected by a majority of representatives of the member boroughs.

25

(f)  Officers.--Except where the agency agreement or bylaws

26

prescribe otherwise, the board of directors shall appoint a

27

president from its membership, and a secretary, treasurer and

28

any other officers or agents deemed necessary who may, but need

29

not be, borough representatives or directors. An officer may be

30

removed with or without cause by the board of directors.

- 415 -

 


1

Officers of the municipal power agency shall have the authority

2

and duties in the management of the business of the municipal

3

power agency that the agency agreement or bylaws prescribe or,

4

in the absence of such prescription, as the board of directors

5

determines.

6

(g)  Representatives of member boroughs.--Except as otherwise

7

provided in the agency agreement or the bylaws, the duly

8

authorized representatives of each member borough shall act as

9

and vote on behalf of that borough. Except where the agency

10

agreement or bylaws provide otherwise, representatives of the

11

member boroughs shall hold at least one meeting each year for

12

the election of directors and for the transaction of any other

13

business. Except where the agency agreement or bylaws prescribe

14

otherwise, special meetings of the representatives may be called

15

for any purpose upon written request to the president or

16

secretary to call the meeting. Such officer shall give notice of

17

the meeting to be held between ten and 60 days after receipt of

18

the request. Unless the agency agreement or bylaws provide for a

19

different percentage, a quorum for a meeting of the

20

representatives of the member boroughs is a majority of the

21

total members and a quorum for meetings of the board of

22

directors is a majority of the membership of the board.

23

(h)  Amendment of agency agreement.--The agency agreement may

24

be amended as proposed at any meeting of the representatives of

25

the members for which notice stating the purpose shall be given

26

to each representative and, unless the agency agreement or

27

bylaws require otherwise, shall become effective when ratified

28

by resolutions ordinances of a majority of the governing bodies

<--

29

of the member boroughs. Each amendment and the resolutions 

<--

30

ordinances approving it shall be filed for record with the

<--

- 416 -

 


1

Secretary of the Commonwealth.

2

(i)  Appropriations.--Each member borough shall have full

3

power and authority, within budgetary limits applicable to it,

4

to appropriate money for the payment of expenses of the

5

formation of the municipal power agency and of its

6

representative in exercising its functions as a member of the

7

agency.

8

(j)  General powers.--A municipal power agency may own,

9

construct, acquire by lease, purchase or otherwise gain an

10

interest by itself or as co-owner or tenant in common and

11

operate and manage or cause to be operated and managed an

12

electric plant or project located within or without this

13

Commonwealth jointly with any political subdivision, subdivision

14

of the Federal Government, State government, political

15

subdivision of another state, private corporation empowered to

16

supply electricity, electric cooperative corporation formed

17

under the act of June 21, 1937 (P.L.1969, No.389), known as the

18

Electric Cooperative Corporation Act, (REPEALED 1990-198) or

19

electric cooperative corporation in another state.

20

(k)  Specific powers.--All powers of a municipal power agency

21

shall be exercised by its board of directors, unless otherwise

22

provided by the agency agreement or bylaws. A municipal power

23

agency shall have the power to do and accomplish all actions

24

reasonably necessary and incident to the ownership,

25

construction, acquisition, administration, operation and

26

management of an electric plant or project. Among the specific

27

powers of a municipal power agency shall be the following:

28

(1)  to sue and be sued;

29

(2)  to enter into contracts;

30

(3)  to cooperate with private power companies, boroughs,

- 417 -

 


1

electric cooperative corporations and other public or private

2

electric power entities inside and outside of this

3

Commonwealth in the development of electric power and energy;

4

(4)  to make such studies as may be necessary to

5

determine the feasibility and cost of any additional sources

6

and supplies of electric power and energy;

7

(5)  to contract for the purchase, sale, exchange,

8

interchange, wheeling, pooling or transmission of electric

9

power and energy or for the right to the capacity thereof

10

inside and outside of this Commonwealth, to and from any

11

public or private power entities, private power companies,

12

other boroughs and electric cooperative corporations;

13

(6)  to procure insurance against any losses in

14

connection with its property, operations or assets in such

15

amounts and from such insurers as the board of directors

16

deems desirable;

17

(7)  to contract for and to accept any gifts or grants or

18

loans of funds or property or financial or other aid in any

19

form from the United States of America or any agency or

20

instrumentality of the United States of America, or from any

21

other source;

22

(8)  to acquire, hold, use, operate and dispose of

23

personal property;

24

(9)  to acquire, hold, use and dispose of its income,

25

revenues, funds and moneys;

26

(10)  to acquire, own, use, lease, operate and dispose of

27

real property and interests in real property and to make

28

improvements thereon;

29

(11)  to grant the use, by lease or otherwise, and to

30

make charges for the use of any property or facility owned or

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1

controlled by it;

2

(12)  to procure from the United States of America or any

3

agency or instrumentality of the United States of America, or

4

from any state or agency or instrumentality of a state, any

5

consents, authorizations or approvals which may be requisite

6

to enable ownership, operation, construction or repair;

7

(13)  to borrow money and from time to time to issue

8

revenue bonds and to enter into agreements with the

9

purchasers of such revenue bonds;

10

(14)  to invest funds not required for immediate use,

11

including, but not limited to, proceeds from the sale of

12

revenue bonds, provided, however, that the power of a

13

municipal power agency to invest shall be the same as that of

14

a borough, as exercised by the borough council pursuant to

15

clause (6) of section 1005 and section 1316; and

16

(15)  to mortgage any property acquired or owned to

17

secure the payment of its revenue bonds or other obligations

18

issued to finance the acquisition, ownership or repair.

19

(l)  Eminent domain.--In the erection and extension of an

20

electric plant or project, and for all other purposes authorized

21

by this act, a municipal power agency may enter upon,

22

appropriate, injure or destroy private lands, property or

23

material according to the proceedings set forth in the law

24

governing eminent domain, provided, however, that a municipal

25

power agency shall not have the power of condemnation with

26

regard to any property of a private or public retail electric

27

supplier which geographically lies beyond the boundaries of the

28

corporate limits of its member boroughs.

29

(m)  Revenue bonds.--A municipal power agency which gains an

30

interest in an electric plant or project may pay all or part of

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1

the cost from the revenues derived from the sale of revenue

2

bonds issued in the manner provided by 53 Pa.C.S. Pt. VII Subpt.

3

B (relating to indebtedness and borrowing).

4

(n)  Bylaws.--A municipal power agency may make and enforce

5

bylaws or rules which it deems necessary or desirable and may

6

establish, fix, levy and collect or may authorize, by contract,

7

franchise, lease or otherwise, the establishment, levying and

8

collection of rents, rates and other charges for the services

9

afforded by the municipal power agency, including connection for

10

the services afforded by the municipal power agency, including

11

connection charges or by or in connection with any project or

12

properties which it may construct, erect, acquire, own, operate

13

or control, or with respect to which it may have any interest or

14

any right to capacity thereof and for the sale of electric

15

energy or of generation or transmission capacity or services as

16

it may deem necessary, proper, desirable and reasonable. Rents,

17

rates and other charges shall be at least sufficient to meet

18

expenses thereof, including reasonable reserves, interest and

19

principal payments.

20

(o)  State tax exemptions.--Interest and principal paid on

21

revenue bonds issued by a municipal power agency shall be exempt

22

from all State taxes of whatsoever kind or nature.

23

Section 2405-A.  Additional contracting authority for electric

24

power and energy.

25

(a)  Additional contracting authority.--In addition to the

26

authority provided under section 2402-A, a borough that, on

27

October 27, 2010, owns or operates electric generation or

28

distribution facilities and a borough that is a member of a

29

nonprofit membership corporation may contract with the nonprofit

30

membership corporation for the following:

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1

(1)  The development of electric power and associated

2

energy, including the conduct of investigations or studies

3

necessary to determine the feasibility and cost of additional

4

sources and supplies of electric power and associated energy.

5

(2)  The purchase, sale, exchange, interchange, wheeling,

6

pooling or transmission of electric power and associated

7

energy or the right to the capacity from sources and projects

8

in this Commonwealth or another state for a period not to

9

exceed 50 years.

10

(b)  Contract requirements.--A contract under subsection (a)

11

(2) shall include the purpose of the contract, the duration of

12

the contract and available procedures to terminate the contract

13

subsequent to the repayment of all indebtedness secured under

14

the contract.

15

(c)  Minimum quantity of electric power and energy.--If a

16

borough is a member of a nonprofit membership corporation, a

17

contract under subsection (a)(2) may, if specifically set forth

18

in the contract, obligate the borough to:

19

(1)  take and pay for a minimum quantity of electric

20

power and associated energy if the power and energy is

21

available for delivery;

22

(2)  in connection with a project owned by the nonprofit

23

membership corporation or in which the nonprofit membership

24

corporation obtains an undivided ownership interest, to take

25

or pay for a minimum amount of electric power and energy; or

26

(3)  pay for electric power and energy only if utilized

27

by the borough.

28

(d)  Applicability of minimum requirements.--

29

(1)  The authority under subsection (c)(1) shall apply

30

whether or not the borough accepts delivery of the power and

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1

energy.

2

(2)  The authority under subsection (c)(2) shall apply

3

notwithstanding the suspension, interruption, interference or

4

reduction or curtailment of the output of the project or the

5

electric power and energy contracted for, and whether or not:

6

(i)  the electric power and energy is available for

7

delivery to the borough; or

8

(ii)  the borough accepts delivery of the electric

9

power and energy.

10

(e)  Take-or-pay or take-and-pay arrangements.--No borough

11

may be obligated under a take-or-pay or take-and-pay arrangement

12

entered into with a nonprofit membership corporation in which

13

the borough maintains membership unless that obligation is

14

expressly authorized by an act of the borough council.

15

(f)  Restrictions.--A nonprofit membership corporation shall

16

not:

17

(1)  condition membership in the nonprofit membership

18

corporation on the inclusion of any take-or-pay or take-and-

19

pay obligations in a contract under subsection (a)(2); or

20

(2)  except as set forth in subsection (g), require take-

21

or-pay or take-and-pay obligations in a contract with a

22

borough unless the contract meets the criteria of subsection

23

(c)(1) or (2).

24

(g)  Future contracts.--A borough that is a member of a

25

nonprofit membership corporation may enter into future power

26

supply contracts, contract renewals or contract extensions with

27

the nonprofit membership corporation under subsection (c)(3):

28

(1)  with no take-or-pay or take-and-pay obligations as

29

permitted by subsection (c)(1) and (2); and

30

(2)  without prejudice or discrimination as compared to

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1

any other borough which chooses to enter into contracts

2

permitted by subsection (c)(1) and (2) with the nonprofit

3

membership corporation.

4

(h)  Future power supply contract terms.--In order to carry

5

out subsection (g), a nonprofit membership corporation which

6

provides or offers electric power and associated energy to a

7

member borough in this Commonwealth under subsection (a)(2)

8

shall offer, to all of its member boroughs in this Commonwealth,

9

future power supply contract terms, contract renewals or

10

contract extensions under subsection (c)(3) on a comparable and

11

nondiscriminatory basis and with similar terms and conditions to

12

future power supply contract terms, contract renewals or

13

contract extensions that would be appropriate under subsection

14

(c)(3) which the nonprofit membership corporation

15

contemporaneously offers to its members in other states.

16

(i)  Payments.--All obligations under a contract under

17

subsection (a)(2) shall be paid from revenues derived from the

18

operation of the borough's electric system, and payments shall

19

be an operating expense of the borough's electric system.

20

(j)  Obligations of other entities.--If explicitly set forth

21

in a contract under subsection (a)(2), a borough may agree to

22

assume, prorate or otherwise become liable for the obligations

23

of another borough of this Commonwealth or of a political

24

subdivision of another state that is a member of the nonprofit

25

membership corporation if the borough or other political

26

subdivision defaults in the payment of its obligations for the

27

purchase of the electric power and associated energy. The

28

contract may include provisions to permit a borough to succeed

29

to the rights and interests of the defaulting borough or

30

political subdivision to purchase electric power and associated

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1

energy. A borough's liability for the obligations of a

2

defaulting borough of this Commonwealth or a political

3

subdivision of another state shall not exceed 25% of a borough's

4

initial nominal entitlement to electric power and associated

5

energy under the contract.

6

(k)  Pledge of borough property prohibited.--None of the

7

obligations under the contract may constitute a legal or

8

equitable pledge, charge, lien or encumbrance on any property of

9

the borough or on any of its income, receipts or revenues,

10

except revenues of its electric system. The full faith and

11

credit and the taxing power of the borough shall not be pledged

12

for the payment of an obligation under the contract.

13

(l)  Construction.--The provisions of this section are

14

intended to add to the powers and rights of a borough, and

15

nothing in this section may be construed to limit either the

16

general or specific powers or rights of a borough set forth in

17

this act.

18

(m)  Definition.--As used in this section, the term "non-

19

profit membership corporation" means an entity the membership of

20

which:

21

(1)  consists solely of Pennsylvania boroughs, such as a

22

consortium, buying group or municipal power agency under

23

section 2404-A; or

24

(2)  consists of Pennsylvania boroughs and political

25

subdivisions of another state or states.

26

Section 293.  Article XXV and subdivision (a) headings,

27

sections 2501, 2502, 2503, 2504 and 2505, Article XXV

28

subdivision (b) heading and sections 2511 and 2512 of the act

29

are repealed:

30

[ARTICLE XXV

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1

PUBLIC BUILDINGS AND WORKS

2

(a)  Eminent Domain; General Provisions

3

Section 2501.  Exercise of Eminent Domain.--Any borough may

4

enter upon and appropriate private property, and also land

5

previously granted or dedicated to public use or other use, and

6

which is no longer used for the purpose for which the same was

7

granted or dedicated, and also land where the title may be

8

defective, disputed, or doubtful, for the erection thereon of

9

public auditoriums, public libraries, public memorial buildings

10

and monuments and such other public buildings and works as are

11

necessary for municipal purposes within the limits of such

12

borough.

13

Section 2502.  Lands Excepted.--No land or property used for

14

any cemetery, burying-ground, or place of public worship, shall

15

be taken or appropriated by virtue of any power contained in the

16

preceding section of this article.

17

Section 2503.  Declaration of Intention.--Whenever the

18

borough shall desire to acquire, enter upon, take, use and

19

appropriate any such private property or land, for any such

20

purposes, it shall declare such intention by an ordinance duly

21

enacted.

22

Section 2504.  Proceedings.--The compensation and damages

23

arising from such taking, using and appropriating of private

24

property for the purposes aforesaid, shall be considered,

25

ascertained, determined, awarded and paid in the manner provided

26

in the law governing eminent domain.

27

Section 2505.  Payment of Damages and Costs.--All damages

28

when ascertained, the costs of the viewers, and all court costs

29

incurred in such proceedings, including advertising, printing

30

and posting notices, shall be paid by the borough.

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1

(b)  Refuse Disposal Facilities

2

Section 2511.  Power to Purchase Real Estate.--Any borough,

3

separately, or jointly, with another borough, city or township,

4

may purchase any real estate within or without the limits of

5

such borough or of any such other boroughs, cities, or

6

townships, as the case may be, upon which to erect and maintain

7

garbage or incinerating plants, or for sanitary landfill.

8

Section 2512.  Approval of Site.--Boroughs desiring to locate

9

any garbage or incinerating plant or sanitary landfill, shall

10

first apply separately or jointly as the case may be to the

11

court of common pleas for its approval of the location thereof;

12

whereupon the court shall fix a date when objections to the

13

location will be heard and shall prescribe what notice of such

14

hearing shall be given. If at the time fixed for such hearing no

15

objections shall be made to such location, the same shall be

16

approved; but, if objection is made, the court shall proceed to

17

hear the matter and determine whether the location is a

18

detriment to neighboring properties. The finding of the court

19

shall be conclusive, but shall in no way adjudicate any question

20

relating to damages for injury to property.]

21

Section 294.  Section 2513 of the act, amended December 21,

22

1984 (P.L.1263, No.239), is repealed:

23

[Section 2513.  Authority to Take or Appropriate Real

24

Estate.--In case the borough or boroughs cannot agree with the

25

owner of such property as to the price, the borough or boroughs,

26

separately or jointly, may take and appropriate, for any of such

27

purposes, any real estate, after an ordinance or ordinances

28

shall have been enacted providing for such taking and

29

appropriating. Notwithstanding the provisions of this section,

30

no borough or boroughs, separately or jointly, may take or

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1

appropriate any real estate that is located outside the limits

2

of the borough or boroughs and contains or is being utilized as

3

an existing garbage dump or sanitary landfill.]

4

Section 295.  Section 2514 of the act is repealed:

5

[Section 2514.  Proceedings.--The proceedings before the

6

viewers for the assessment of damages for property taken,

7

injured, or destroyed under this subdivision of this article and

8

the proceedings upon their report shall be as provided in the

9

law governing eminent domain.]

10

Section 296.  The act is amended by adding an article to

11

read:

12

ARTICLE XXV-A

13

AIRPORTS

14

Section 2501-A.  Authority to secure lands for airports.

15

Any borough is hereby authorized and empowered to acquire, by

16

lease, purchase or condemnation, any land lying either within or

17

without the limits of the borough which, in the judgment of the

18

council, may be necessary and desirable for the purpose of

19

establishing and maintaining municipal airport facilities. The

20

proceedings for the condemnation of land under the provisions of

21

this article and for the assessment of damages for property

22

taken, injured or destroyed, shall be conducted in the manner

23

provided by the law governing eminent domain. The title acquired

24

by the borough exercising the power of condemnation shall be a

25

title in fee simple.

26

Section 2502-A.  Authority to establish and lease airports.

27

Any borough acquiring land under the provisions of this

28

article is authorized and empowered to establish, equip,

29

condition, operate and maintain the land as a municipal airport,

30

and may lease the land, or any part, to any individual or

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1

corporation desiring to use the same for aviation purposes. Any

2

borough may enter into a contract, in the form of a lease,

3

providing for the use of the land, or any part, by the Federal

4

Government, for its use of the land for aviation purposes upon

5

nominal rental or without consideration.

6

Section 2503-A.  Joint airports.

7

Pursuant to the powers in this article, any borough may,

8

jointly with another municipality, acquire land for aviation

9

purposes, and may jointly operate and maintain the airport on

10

the terms and conditions as agreed upon by the governing bodies

11

of the borough and other municipality.

12

Section 297.  Article XXVI heading of the act is reenacted to

13

read:

14

ARTICLE XXVI

15

WHARVES AND DOCKS

16

Section 298.  Section 2601 of the act is amended to read:

17

Section 2601.  Power With Regard to Wharves and Docks.--[Any

18

borough may erect and repair wharves and docks, regulate and fix

19

the rate of wharfage for all public wharves and docks within its

20

limits, and enforce the collection of wharfage for the use of

21

the same, and may also regulate the anchoring of vessels, boats,

22

or rafts within the borough limits, and the depositing of

23

freight on such public wharves.] (a)  Boroughs shall have the

24

power to construct and repair wharves and docks and may acquire,

25

by purchase or condemnation, real estate along navigable waters

26

and within the borough limits as needed for the construction.

27

Prior to any condemnation, a borough shall enact an ordinance

28

authorizing the same.

29

(b)  Boroughs shall also have the following powers:

30

(1)  To regulate, fix, and enforce the collection of the rate

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1

of wharfage for all public wharves and docks within its limits.

2

(2)  To regulate the anchoring of vessels, boats or rafts

3

within the borough limits.

4

(3)  To regulate the depositing of freight on the public

5

wharves.

6

Section 299.  Section 2602 of the act is repealed:

7

[Section 2602.  Purchase and Condemnation of Real Estate.--

8

Any such borough may acquire, by purchase or condemnation, such

9

real estate as it may need for the construction of wharves and

10

docks within the limits of the borough, along navigable waters.

11

No real estate for the erection of wharves and docks shall be so

12

taken or appropriated until an ordinance authorizing the same

13

shall have been enacted.]

14

Section 300.  Section 2603 of the act is reenacted to read:

15

Section 2603.  Proceedings.--The proceedings before the

16

viewers for the assessment of damages for property taken,

17

injured, or destroyed under this article, and the proceedings on

18

their report shall be as provided in the law governing eminent

19

domain. The costs of all proceedings, including the compensation

20

of the viewers, shall be paid by the borough.

21

Section 301.  Sections 2604, 2605 and 2606 of the act are

22

amended to read:

23

Section 2604.  How Damages Assessed.--The damages for the

24

taking or injury of any property for use as a wharf, pier, or

25

bulkhead, shall include full compensation for the value of the

26

property taken or injured[; and if]. If the property [so] taken

27

or injured shall constitute a part of a plant used as an

28

entirety, the damage to the owner or tenant shall be assessed by

29

taking the difference in market value of [such] the plant as a

30

whole, including buildings and all equipment installed and used

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1

in [such] the plant, before and after taking or injury, and

2

notwithstanding that part of [such] the plant may be separated

3

by a street or highway.

4

Section 2605.  Leases.--Any borough may lease any wharf or

5

part [thereof] and collect rent [therefor] by distress or

6

otherwise. No one term of [any such] a lease shall be for a

7

period longer than three years.

8

Section 2606.  Market-Houses and Terminal Sheds.--Boroughs

9

may erect and maintain market-houses and terminal sheds on

10

wharves, for the receipt and distribution of freight and

11

express. Boroughs may also construct railroad and street railway

12

tracks, or other facilities, on wharves, to provide for the

13

convenient hauling of [such] freight or express matter and may

14

collect rents, tolls, or charges for the use of [such] market-

15

houses, terminal sheds, tracks and facilities. No permit other

16

than a license revocable at will shall be granted, and no

17

exclusive permit for the use of such facilities shall be

18

granted.

19

Section 302.  Section 2607 of the act is reenacted to read:

20

Section 2607.  Public Use Preserved.--No structure erected,

21

and no right granted under the powers conferred by any of the

22

preceding sections of this article, shall interfere with the

23

public use of wharves for water-borne commerce.

24

Section 303.  Section 2608 of the act is amended to read:

25

Section 2608.  Saving Clause.--Nothing contained in this

26

article shall be construed as conferring upon boroughs any power

27

conferred by existing law on the Navigation [Commissioners]

28

Commission for the Delaware River and its Navigable Tributaries,

29

or to permit boroughs to do any act, or to enact any ordinance,

30

inconsistent with the laws, rules and regulations relating to

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1

[said board, or the rules and regulations of said board] the

2

commission.

3

Section 304.  Article XXVII and subdivision (a) headings of

4

the act are reenacted to read:

5

ARTICLE XXVII

6

RECREATION PLACES, SHADE TREES, FORESTS

7

(a)  Parks and Playgrounds, Et Cetera

8

Section 305.  Sections 2701, 2702 and 2703 of the act are

9

amended to read:

10

Section 2701.  Power to Maintain [and Improve], Improve and

11

Acquire.--(a)  Any borough may provide, improve, maintain and

12

regulate public parks, parkways and playgrounds, playfields,

13

open space, swimming pools, public baths, bathing places, indoor

<--

14

recreation centers and gymnasiums, hereinafter called

15

"recreation places," within the borough limits or in any

16

adjacent [township or in any city or other borough] municipal

17

corporation if the other [borough or city] municipal corporation 

18

shall, by ordinance, signify its consent thereto. [Two or more

19

boroughs may jointly provide, improve, maintain and regulate

20

such recreation places within the limits of any township

21

adjacent to any one of such boroughs. All expenses relative

22

thereto shall be borne by the respective boroughs, in such

23

proportion as may be agreed upon by the councils thereof.

24

Section 2702.  Power to Acquire.--Any] (b)  Any borough may

25

enter upon, appropriate and acquire by gift, devise, purchase,

26

lease, or otherwise, private property [within the limits of the

27

borough, or in any adjacent township,] or [any borough] may

28

designate and set apart any lands or buildings, owned by the

29

borough and not dedicated or devoted to other public uses[; and

30

two or more boroughs may jointly appropriate and acquire by

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1

gift, devise, purchase, lease, or otherwise, private property

2

within the limits of any township adjacent to any of such

3

boroughs,] for the purpose of making, enlarging and maintaining

4

recreation places. [All the costs and expenses relative to any

5

such property, acquired by two or more boroughs jointly, shall

6

be paid by the respective boroughs in such proportions as may be

7

agreed upon by the councils thereof.

8

Any]

9

(c)  Any borough may join with one or more political

10

subdivisions to acquire, create, equip, improve, regulate,

11

maintain and operate any recreation place in accordance with 53

12

Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental

13

cooperation).

14

(d)  No borough, acting individually or jointly, may

15

[likewise] acquire private property within the limits of another

16

[borough or city,] municipal corporation for the purposes

17

designated in this section, [if the other borough or city shall,

18

by ordinance, signify its consent thereto] without the consent

19

of the governing body of the municipal corporation in which the

20

property is located in accordance with the law governing eminent

21

domain.

22

(e)  All expenses incurred in the maintenance, improvement,

23

acquisition or operation of recreation places, as provided in

24

this section, shall be payable from the treasury of the borough,

25

or the borough and other political subdivisions as may be

26

provided for by agreement of the governing bodies. The borough

27

council may annually appropriate, and cause to be raised by

28

taxation, an amount necessary for the purpose of maintaining and

29

operating recreation places, or for paying its share of such

30

amount.

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1

Section 2703.  Appropriations for Public Purposes.--The

2

appropriation of private property for the purpose of making,

3

enlarging and maintaining recreation places, is declared to be

4

the taking of private property for public use, and for all

5

damage suffered by the owners of any property so taken, the

6

funds of the borough raised by taxation shall be pledged as

7

security. The proceedings for the taking of private property and

8

the assessment of damages for private property taken, injured or

9

destroyed under this article shall be as provided in the law

10

governing eminent domain.

11

Section 306.  Sections 2704 and 2705 of the act are repealed:

12

[Section 2704.  Proceedings.--The proceedings before the

13

viewers for the assessment of damages for property taken,

14

injured or destroyed under this article and the proceedings upon

15

their report shall be as provided in the law governing eminent

16

domain.

17

Section 2705.  Validation of Prior Acquisitions.--Whenever,

18

prior to June 1, 1911, any borough acquired land outside its

19

corporate limits for park purposes, such borough may own and

20

possess such land for park purposes, and is authorized to lay

21

out and maintain the same and to appropriate money to defray

22

expenses incident to such work.]

23

Section 307.  Sections 2708, 2709 and 2710 of the act are

24

amended to read:

25

Section 2708.  Creation of Recreation Board.--(a)  The

26

authority to supervise and maintain recreation places, may be

27

vested in any existing body or board, including the borough

28

council, or in a recreation board, as the borough council shall

29

determine. The council of any such borough may equip, operate

30

and maintain the recreation places, as authorized by this

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1

article, and may, for the purpose of carrying out the provisions

2

of this article, employ [play leaders, recreation directors,

3

supervisors, superintendents, or] any [other] officers or

4

employes, as it may deem proper.

5

(b)  Notwithstanding subsection (a), a borough council shall

6

not delegate the power to maintain accounts or expend funds from

7

the borough treasury for the purposes authorized by this

8

subdivision to any existing or newly created body or board.

9

(c)  Any borough may join or create, with one or more

10

municipalities, a joint recreation board in accordance with 53

11

Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental

12

cooperation). The composition of the board and its powers and

13

duties shall be as provided by agreement of the governing bodies

14

of the municipalities.

15

Section 2709.  Composition of Board.--[(a)]  If the borough

16

council shall determine that the power to equip, operate, and

17

maintain recreation places, shall be exercised by a recreation

18

board, it may, by ordinance, establish in [said] the borough

19

[such] a recreation board, which shall possess [all the powers,

20

and be subject to all the responsibilities, of the respective

21

authorities under this article. Such] those powers and duties as

22

may be delegated to it by ordinance. The board shall consist of

23

a minimum of five and a maximum of nine persons. Two of the

24

members may be members or appointees of the school board of the

25

school district in which the borough is located. If the board

26

[consist] consists of seven members, three of the members may be

27

members or appointees of [such] the school board. The borough

28

members of the board shall be appointed by the borough council,

29

and shall serve no longer than five years and the terms of the

30

members shall be staggered in such a manner that at least one

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1

expires annually. Members of [such] the board shall serve

2

without pay. Vacancies in [such] the board, occurring otherwise

3

than by expiration of term, shall be filled for the unexpired

4

term in the same manner as original appointments.

5

[(b)  In addition to the establishment of a borough

6

recreation board, the borough council may appoint persons to

7

serve as members of a school district recreation board

8

established by the school district wherein the borough is

9

located.]

10

Section 2710.  Organization of Board; Employes.--The members

11

of a recreation board, established pursuant to this article,

12

shall elect their own [chairman] chair and secretary and select

13

all other necessary officers, to serve for a period of one

14

year[, and may employ such persons as may be needed, as

15

authorized by this article. Such] The recreation board may, with

16

the approval of council, establish employment positions and hire

17

employes to fill the approved positions. The board shall have

18

power to adopt rules and regulations for the conduct of all

19

business within its jurisdiction.

20

Section 308.  Sections 2711 and 2712 of the act are repealed:

21

[Section 2711.  Joint Ownership and Maintenance.--Any two or

22

more boroughs, or a borough with any city or township, or a

23

borough with a county, may jointly acquire property for, and

24

operate and maintain, any recreation places. Any borough or

25

boroughs shall have power to join with any school district in

26

equipping, operating and maintaining recreation places, and may

27

appropriate money therefor.

28

Section 2712.  Maintenance and Tax Levy.--All expenses

29

incurred in the operation of such recreation places, established

30

as herein provided, shall be payable from the treasury of such

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1

borough, or boroughs, township, city, county or school districts

2

as may be provided for by agreement of the corporate

3

authorities. The borough council may annually appropriate, and

4

cause to be raised by taxation, an amount necessary for the

5

purpose of maintaining and operating recreation places, or for

6

paying its share of such amount.]

7

Section 309.  Section 2713 of the act is amended to read:

8

Section 2713.  Lease for School Athletics.--Any borough

9

maintaining a recreation place, may lease [such] a recreation

10

place or [such] a portion [thereof] of a recreation place,

11

suitable for athletic sports and athletic games, to any school

12

board, or school athletic association organized by a school

13

board, and organized for the purpose of conducting amateur

14

athletic sports and games among pupils of the public school, and

15

may permit [such] a school board or school athletic association

16

to charge admission to [such] sports and games and to deny

17

persons refusing to pay admission access to the grounds where

18

[such] sports or games are being conducted, if [such] sports and

19

games are not conducted for individual profit.

20

Section 310.  Article XXVII subdivision (b)(1) heading of the

21

act is amended to read:

22

(b)  Shade Trees

23

(1)  [Shade Tree Commission] Power of Boroughs

24

as to Shade Trees

25

Section 311.  The act is amended by adding sections to read:

26

Section 2720.  Care, Custody and Control of Shade Trees.--(a)

27

Council shall have exclusive care, custody and control of shade

28

trees in the borough. Council may plant, transplant, remove,

29

maintain and protect shade trees on the streets and highways in

30

the borough, employ and pay persons and make and enforce

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1

regulations as may be necessary for the care and protection of

2

the shade trees of the borough.

3

(b)  Council may, by ordinance, and with or without the

4

petition of a majority of the property owners upon any public

5

street in the borough, plant, transplant or remove shade trees.

6

Council may, with or without petition, require the planting and

7

replanting of suitable shade trees along and upon the sides of

8

the streets, upon such alignment and at such points as may be

9

designated by ordinance, by the owners of property abutting the

10

street at the points designated. Nothing in this act may

11

authorize council to plant or replant, or require the planting

12

or replanting, of trees at any point which may interfere with

13

the necessary or reasonable use of any street or abutting

14

property or the business conducted on the property. On failure

15

of any owner, after reasonable notice, to comply with the terms

16

of an ordinance requiring the planting or replanting of shade

17

trees, the borough may cause such trees to be planted or

18

replanted and assess the cost against the owner in accordance

19

with section 2720.2.

20

(c)  Council may, upon notice as may be provided by

21

ordinance, require owners of property to cut and remove plants,

22

shrubs and trees afflicted with any disease that threatens to

23

injure or destroy plants, shrubs and shade trees in the borough

24

under regulations prescribed by ordinance. Upon failure of any

25

owner to comply with the notice, the borough may cause the work

26

to be done by the borough, and assess the cost against the owner

27

in accordance with section 2720.2.

28

Section 2720.1.  Maintenance by Borough; Tax Levy.--(a)  The

29

cost and expenses of caring for shade trees after having been

30

planted or transplanted and the expense of publishing any notice

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1

required by this subdivision shall be paid by the borough.

2

(b)  Council may levy a general tax, not to exceed the sum of

3

one-tenth of one mill on the dollar on the assessed valuation of

4

the property in the borough taxable for county purposes, for the

5

purpose of defraying the cost and expenses of caring for the

6

shade trees and the expense of publishing notices; or it may

7

provide for the expense of the caring for trees already planted

8

and of publishing the notice by appropriations.

9

Section 2720.2.  Payment by Owners; Assessments.--The cost of

10

planting, transplanting or removing any shade trees or the

11

necessary and suitable guards, curbing or grading for their

12

protection and of the replacing of pavement or sidewalk

13

necessarily disturbed in the execution of the work shall be paid

14

by the owners of the real estate abutting the location of the

15

work. In the event that the borough undertakes the work

16

described in this section, costs shall be certified, assessed

17

against the abutting owners and collected in accordance with

18

Article XXI-A.

19

Section 2720.3.  Notice of Work.--Whenever council proposes

20

to plant, transplant or remove shade trees on any street, notice

21

of the time and place of the meeting at which the work is to be

22

considered shall be given in one newspaper of general

<--

23

circulation once a week for two weeks immediately preceding the

24

time of the meeting. The notice shall specify in detail the

25

streets or portions upon which trees are proposed to be planted,

26

transplanted or removed. In the event that a shade tree

27

commission is to undertake the work, the commission shall

28

provide the notice.

29

Section 2720.4.  Penalties.--(a)  To the extent provided by

30

ordinance, council may assess penalties for the violation of

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1

regulations relating to shade trees or delegate the power to

2

assess such penalties to a shade tree commission. Any penalty so

3

assessed shall be a lien upon the real estate of the offender

4

and may be collected as municipal claims are collected.

5

(b)  All penalties or assessments imposed under this

6

subdivision shall be paid to the borough treasurer, to be kept

7

in a separate fund and utilized only for the purposes authorized

8

by this subdivision.

9

Section 312.  Article XXVII subdivision (b) of the act is

10

amended by adding a subdivision to read:

11

(2)  Shade Tree Commission

12

Section 313.  Section 2721 of the act is amended to read:

13

Section 2721.  Shade Tree Commission.--[A borough] (a)  

14

Council by ordinance may establish a commission to be known as

15

the shade tree commission, [but in boroughs where the council

16

shall not elect by ordinance a shade tree commission council may

17

exercise all the rights and perform the duties and obligations

18

imposed by this subdivision of this article upon the shade tree

19

commission.] and delegate to the commission the exclusive care,

20

custody and control of shade trees and authorization to plant,

21

transplant, remove, maintain and protect shade trees on the

22

streets and highways in the borough. The commission may make and

23

enforce regulations for the care and protection of shade trees.

24

No regulation may be in force until it has been approved by the

25

council and enacted as an ordinance.

26

(b)  Whenever in any borough there exists a commission for

27

the care of public parks, the council may, by ordinance, confer

28

on the park commission all the powers and all the duties

29

prescribed by this article for the shade tree commission.

30

Section 314.  Section 2722 of the act, amended April 17, 2002

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1

(P.L.243, No.31), is reenacted to read:

2

Section 2722.  Composition of Commission.--(a)  Except as

3

provided in subsection (b), the commission shall be composed of

4

three residents of the borough, who shall be appointed by the

5

council and shall serve without compensation.

6

(b)  The council, by ordinance, may provide that the

7

commission be composed of five members who shall be residents of

8

the borough, shall be appointed by the council and shall serve

9

without compensation.

10

(c)  Whenever a shade tree commission of three members is

11

established by any borough, the council shall appoint one member

12

for a term of three years, one for a term of four years, and one

13

for a term of five years. On the expiration of the term of any

14

commissioner, a successor shall be appointed by the council to

15

serve for a term of five years.

16

(d)  Whenever a shade tree commission of five members is

17

established by any borough, the council shall appoint members to

18

staggered terms so that one term expires every year. On the

19

expiration of the term of any commissioner, a successor shall be

20

appointed by the council to serve for a term of five years.

21

(e)  Vacancies in the office of commissioner shall be filled

22

by the council for the unexpired term.

23

Section 315.  Sections 2723 and 2724 of the act are repealed:

24

[Section 2723.  Powers May Be Vested in Park Commission.--

25

Whenever in any borough there exists a commission for the care

26

of public parks, the council may by ordinance, confer on the

27

park commission all the powers and all the duties prescribed by

28

this article for the shade tree commission.

29

Section 2724.  Powers of Commission.--The commission shall

30

have exclusive custody and control of the shade trees in the

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1

borough, and is authorized to plant, remove, maintain and

2

protect shade trees on the streets and highways in the borough.

3

The commission may employ and pay such superintendents,

4

engineers, foresters, tree-wardens, or other assistants, as the

5

proper performance of the duties devolving upon it shall

6

require, and may make, and enforce regulations for the care and

7

protection of the shade trees of the borough. No such regulation

8

shall be in force until it has been approved by the council and

9

enacted as an ordinance.]

10

Section 316.  The act is amended by adding a section to read:

11

Section 2724.1.  Duties of Commission.--(a)  The shade tree

12

commission shall annually report in full to the council its

13

transactions and expenses for the last fiscal year of the

14

borough.

15

(b)  Whenever any shade tree commission proposes to plant,

16

transplant or remove shade trees on any street, notice of the

17

time and place of the meeting at which such work is to be

18

considered shall be given by the commission in accordance with

19

section 2720.3.

20

(c)  The commission shall each year certify to council an

21

amount needed for the care of shade trees and for the

22

publication of notices required by this subdivision. The

23

commission shall use funds appropriated or raised by taxation in

24

accordance with section 2720.1 for any purpose authorized by

25

council.

26

(d)  The commission shall ascertain and certify to council

27

and the borough treasurer the amount of any assessment imposed

28

in accordance with this subdivision for the planting,

29

transplanting or removal of plants, shrubs and trees.

30

Section 317.  Sections 2725, 2726, 2727, 2728, 2729 and 2730,

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1

Article XXVII(b)(2) heading and sections 2741, 2742 and 2743 of

2

the act are repealed:

3

[Section 2725.  Report of Commission.--The shade tree

4

commission shall annually report in full to the council its

5

transactions and expenses for the last fiscal year of the

6

borough.

7

Section 2726.  Notices by Commission.--Whenever any shade

8

tree commission proposes to plant, transplant, or remove shade

9

trees on any street, notice of the time and place of the meeting

10

at which such work is to be considered shall be given in one

11

newspaper of general circulation in the borough once a week for

12

two weeks immediately preceding the time of the meeting. The

13

notice shall specify in detail the streets or portions upon

14

which trees are proposed to be so planted, replanted, or

15

removed.

16

Section 2727.  Payment by Owners.--The cost of planting,

17

transplanting, or removing any shade trees in and along the

18

streets and highways in the borough, of the necessary and

19

suitable guards, curbing or grading for the protection thereof,

20

and of the replacing of any pavement or sidewalk necessarily

21

disturbed in the execution of such work, shall be paid by the

22

owner of the real estate abutting which the work is done.

23

The amount each owner is to pay shall be ascertained and

24

certified by the commission to council and to the borough

25

treasurer.

26

Section 2728.  Assessments; Liens.--Upon the filing of the

27

certificate with the council, the borough secretary shall cause

28

thirty days' written notice to be given to every person against

29

whose property an assessment has been made. The notice shall

30

state the amount of the assessment, and the time and place of

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1

payment, and shall be accompanied with a copy of the

2

certificate.

3

The amount assessed against the real estate shall be a lien

4

from the time of the filing of the certificate with the council,

5

and if not paid within the time designated in the notice, a

6

claim may be filed and collected by the borough solicitor in the

7

same manner as municipal claims are filed and collected.

8

Section 2729.  Maintenance by Borough; Tax Levy.--The cost

9

and expenses of caring for such trees after having been planted

10

and the expense of publishing the notice hereinbefore provided

11

for shall be paid by the borough.

12

The needed amount shall each year be certified by the

13

commission to the council and shall be drawn against, as

14

required by the commission, in the same manner as money

15

appropriated for borough purposes.

16

The council may levy a general tax, not to exceed the sum of

17

one-tenth of one mill on the dollar on the assessed valuation of

18

the property in said borough taxable for county purposes, for

19

the purpose of defraying the cost and expenses of caring for

20

such shade trees and the expense of publishing the notice; or it

21

may provide for the expense of the caring for trees already

22

planted and of publishing the notice by appropriations equal to

23

the amount certified to be required by the commission.

24

Section 2730.  Penalties.--The commission, to the extent as

25

may be provided by ordinance of the borough, may assess

26

penalties for the violation of its regulations and of this

27

article so far as it relates to shade trees. Any penalty so

28

assessed shall be a lien upon the real estate of the offender

29

and may be collected as municipal claims are collected.

30

All penalties or assessments imposed under this article shall

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1

be paid to the borough treasurer, to be placed to the credit of

2

the commission, subject to be drawn upon by the commission for

3

the purposes of the preceding sections of this subdivision of

4

this article.

5

(2)  Power of Boroughs as to Shade Trees

6

Section 2741.  Ordinances to Require Planting and

7

Replanting.--Any borough may, by ordinance, upon the petition of

8

a majority of the property owners upon any public street

9

thereof, require the planting and replanting of suitable shade

10

trees along and upon the sides of such streets, upon such

11

alignment and at such points as may be designated by such

12

ordinance, by the owners of property abutting the street at the

13

points designated. This section shall not authorize any borough

14

to require the planting or replanting of trees at any point

15

which may interfere with the necessary or reasonable use of any

16

street or abutting property or unreasonably interfere with any

17

business conducted thereon.

18

Section 2742.  Power of Borough Where Owners Fail to

19

Comply.--On failure of any owner, after reasonable notice, to

20

comply with the terms of any such ordinance, the borough may

21

cause such trees to be planted or replanted at the expense of

22

the borough, and thereupon, in the name of the borough, collect

23

the cost of such work from the owners in default, as debts of

24

like amount are by law collectible.

25

Section 2743.  Removal of Diseased Plants, Shrubs and

26

Trees.--The commission may upon such notice as may be provided

27

by ordinance, require owners of property to cut and remove

28

plants, shrubs and trees, afflicted with the Dutch elm or other

29

disease, which threatens to injure or destroy plants, shrubs and

30

shade trees, in the borough under regulations prescribed by

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1

ordinance. Upon failure of any such owner to comply with such

2

notice, the borough may cause the work to be done by the

3

borough, and levy and collect the cost thereof from the owner of

4

the property. The cost of such work shall be a lien upon the

5

premises from the time of the commencement of the work, which

6

date shall be fixed by the borough engineer and shall be filed

7

with the borough secretary. Any such lien may be collected by

8

action in assumpsit or by lien filed in the manner provided by

9

law for the filing and collection of municipal claims.]

10

Section 318.  Article XVII subdivision (c) heading of the act

11

is reenacted to read:

12

(c)  Forests

13

Section 319.  Section 2751 of the act is amended to read:

14

Section 2751.  Acquisition of Land for Forest Purposes.--Any

15

borough may acquire, by purchase, gift, or lease, and hold

16

tracts of land covered with forest or tree growth or suitable

17

for the growth of trees, and administer the same[, under the

18

direction of the Department of Forests and Waters,] in

19

accordance with the practices and principles of scientific

20

forestry, for the benefit of the borough. Such tracts may be of

21

any size suitable for the purpose and may be located within or

22

without the borough limits.

23

Section 320.  Section 2752 of the act is repealed:

24

[Section 2752.  Approval of Department of Forests and

25

Waters.--Before the passage of any ordinance for the acquisition

26

of land to be used as a municipal forest, the borough shall

27

submit to the Department of Forests and Waters, and secure its

28

approval of, the area and location of such land.]

29

Section 320.1.  section 2753 of the act is reenacted to read:

30

Section 2753.  Ordinance Declaring Intention.--Whenever the

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1

council of any borough deems it expedient to acquire any land

2

for the purposes of municipal forests, it shall so declare in an

3

ordinance wherein shall be set forth all facts and conditions

4

relating to the proposed action.

5

Section 321.  Sections 2754, 2755, 2756 and 2757 of the act

6

are amended to read:

7

Section 2754.  Appropriations of Money.--All moneys necessary

8

for the purchase of such tracts shall be appropriated in the

9

same manner as appropriations for borough purposes, and [such]

10

the funds may be provided from the current revenue or by the

11

proceeds of a sale of general obligation bonds in accordance

12

with existing law.

13

Section 2755.  Rules and Regulations.--Upon the acquisition

14

of any municipal forest or land suitable [therefor] for

15

municipal forests, the council [shall notify the Department of

16

Forests and Waters, which shall] may make [such] rules for the

17

government and proper administration of the same as may be

18

deemed necessary[, and the council shall publish such rules,

19

declare the uses of the forest in accordance with the intent of

20

this subdivision of this article, and make such provision for

21

its administration, maintenance, protection and development as

22

shall be necessary or expedient]. The rules governing the

23

administration of [such] the forest shall have for their main

24

purpose the [producing of a] production of continuing borough

25

revenue by the sale of forest products.

26

Section 2756.  Appropriations and Revenues.--All moneys

27

necessary to be expended for the administration, maintenance,

28

protection and development of [such] forests, shall be

29

appropriated and applied as is now done for borough purposes[;]. 

30

[all] All revenue and emoluments arising from [such] the forests

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1

shall be paid into the borough treasury to be used for general

2

borough purposes.

3

Section 2757.  Use of Forests.--Municipal forests may be used

4

by the public as general outing or recreation grounds subject to

5

the rules [of the Department of Forests and Waters governing

6

their administration as municipal forests and rules] adopted by

7

the council [of the borough not inconsistent with law or the

8

regulations of the department].

9

Section 322.  Section 2758 of the act is reenacted to read:

10

Section 2758.  Ordinance of Sale.--Whenever the council of

11

any borough deems it expedient to sell or lease any municipal

12

forest or part thereof, or products therefrom, it shall so

13

declare in an ordinance wherein shall be set forth all the facts

14

and conditions relating to the proposed action. No ordinance for

15

the sale of a municipal forest, or part thereof, shall be

16

enacted until the provisions of this act relative to the sale of

17

borough-owned real estate have been complied with.

18

Section 323.  Section 2759 of the act is amended to read:

19

Section 2759.  Pruning or Thinning Out; Sale of Products

20

Thereof.--In order to comply with the practices and principles

21

of scientific forestry, the council, by resolution, shall have

22

the power to prune or thin out any municipal forest or portion

23

[thereof] of a municipal forest, and shall have the right to

24

sell the products of [such] the pruning or thinning out without

25

complying with the provisions of this act relative to

26

advertising and bidding. In doing so, the borough may either use

27

its own personnel or hire or contract with skilled personnel,

28

and in [such] the hiring or contracting, council shall not be

29

required to obtain bids or to advertise.

30

Section 324.  Article XXVIII heading of the act is reenacted

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1

to read:

2

ARTICLE XXVIII

3

CEMETERIES

4

Section 325.  The act is amended by adding sections to read:

5

Section 2800.  Appropriations for Burial Ground

6

Maintenance.--Any borough may appropriate annually, out of the

7

general funds of the borough, a sum for the care, upkeep,

8

maintenance and beautifying of cemeteries, burial grounds and

9

private roads in or leading to those areas, lying wholly or

10

partly within the boundary limits of the borough or in the

11

territory immediately adjacent to the borough.

12

Section 2800.1.  Burial of Deceased Persons.--Any borough may

13

prohibit, within the borough limits, or within any described

14

territory within the limits, the burial or interment of deceased

15

persons.

16

Section 326.  Sections 2801 and 2802 of the act are amended

17

to read:

18

Section 2801.  Management by Commission[; Transfer from

19

Borough to Company].--When the title and management of any

20

cemetery is vested in a borough, the council of [such] the 

21

borough may [in its discretion], by ordinance, vest the care,

22

management and operation of [such] the cemetery in a commission

23

of three citizens to be appointed by the council[, such care,

24

management and operation, and the terms of the commissioners to

25

be as provided in the ordinance establishing such cemetery

26

commission. Upon petition of at least ten lot owners in such

27

cemetery, the council may, in its discretion, transfer such

28

cemetery and the management thereof to an incorporated cemetery

29

company in the manner hereinafter provided]. The ordinance shall

30

provide for the terms of the cemetery commissioners.

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1

Section 2802.  [Vesting Title.--] Transfer from Borough to

2

Company.--(a)  Upon petition of at least ten per centum of

3

living cemetery lot owners, the council may, in its discretion,

4

transfer the cemetery and the management thereof to an

5

incorporated cemetery company.

6

(b)  Upon the presentation to council of [such] the petition,

7

the council may enact an ordinance declaring that, upon the

8

acceptance of the provisions of [such] the ordinance by the

9

incorporated cemetery company, filed with the borough secretary,

10

the title and control of [such] the cemetery shall vest in

11

[such] the incorporated cemetery company.

12

(c)  A copy of the ordinance and the acceptance thereof,

13

certified by the borough secretary, shall be recorded in the

14

office of the recorder of deeds of the county.

15

Section 327.  Sections 2803 and 2804 of the act are repealed:

16

[Section 2803.  Recording of Ordinance and Acceptance.--A

17

copy of the ordinance and the acceptance thereof, certified by

18

the borough secretary, shall be recorded in the office of the

19

recorder of deeds of the county.

20

Section 2804.  Orders of Court as to Neglected Cemeteries.--

21

(a)  Authority is vested in the court of quarter sessions to

22

make such orders for the regulation of cemeteries, situated in

23

or adjacent to boroughs, as the public good shall require; and

24

when any cemetery shall become so neglected as, in the opinion

25

of the court, to become a public nuisance, the court may direct

26

the removal of the dead therefrom by the borough authorities to

27

some other cemetery.

28

(b)  When any cemetery situated in a borough shall become so

29

neglected as, in the opinion of the court of quarter sessions,

30

to become a public nuisance, such court, upon petition of the

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1

borough council and after such notice as is required in

2

subsection (c) of this section, may authorize the borough

3

without the removal of any dead from the cemetery to improve and

4

maintain the cemetery by the restoration, improvement or removal

5

of some or all of the gravestones, posts, railings, fences or

6

other structures and improvements. If the court authorizes the

7

removal of gravestones, it shall direct the borough to erect and

8

maintain at a prominent location in the cemetery a suitable

9

memorial of stone, bronze or similar material having inscribed

10

thereon the available names and dates of all persons in the

11

cemetery the gravestones for whom have been authorized to be

12

removed. The petition filed by the council shall include such

13

facts as to the ownership of the cemetery as are known to the

14

borough and shall set forth the proposed plans of the borough

15

for the improvement of the cemetery including, if it proposes to

16

remove the gravestones, a description of the memorial it intends

17

to erect.

18

(c)  Whenever the council shall file a petition as

19

hereinbefore provided, the court shall direct such notice of the

20

filing of the petition to be given in such manner as it shall

21

deem appropriate and shall afford the owner or owners of the

22

cemetery or the owners of any burial rights therein, if any

23

appear, an opportunity to be heard before making an order

24

authorizing the borough to improve and maintain the burial

25

ground.]

26

Section 328.  Section 2805 of the act is amended to read:

27

Section 2805.  Transfer from Company to Borough.--(a)  Upon

28

the petition of any incorporated cemetery company and the owners

29

of a majority of the taxable real estate in any borough, the

30

court of [quarter sessions] common pleas may authorize the

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1

transfer of any cemetery to any borough in which [such] the 

2

cemetery may be located or [be adjacent thereto.] which is

3

adjacent to the borough. A copy of the court order authorizing

4

the transfer shall be filed with the recorder of deeds.

5

(b)  The transfer shall be made without cost to the borough

6

and upon being made the borough shall exercise the powers and

7

privileges of the incorporated company, and may purchase land

8

within or adjacent to the borough limits, not to exceed thirty

9

acres, for the extension of the cemetery, and may raise the

10

means to pay for the same, by the sale of lots or otherwise, but

11

in no event by taxation. The borough may lay out lots so

12

purchased and alter the original plot of the cemetery, and may

13

dispose of such grounds in the same manner as the incorporated

14

company could have done.

15

(c)  A deed for any lot, made by the borough, shall be of the

16

same validity as the deed of the incorporated cemetery company

17

and the borough may make deeds to those who theretofore

18

purchased lots, but had not been furnished with deeds by the

19

cemetery company.

20

Section 329.  The act is amended by adding a section to read:

21

Section 2805.1. Neglected or Abandoned Cemeteries.--Borough

22

council shall have the power to direct the removal of weeds,

23

refuse and debris from an abandoned or neglected cemetery. To

24

exercise this power, council shall give personal notice to the

25

owner, if known, directing the removal of weeds, refuse and

26

debris from the cemetery within thirty days from the giving of

27

personal notice. Personal notice shall be by any of the

28

following means: (1) personal service on the owner, (2)

29

certified mail, addressee only, return receipt requested, to the

30

owner at the owner's last known address, or (3) posting notice

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1

at or upon the property after reasonable attempts to give

2

personal notice pursuant to (1) or (2) has failed. If the

3

removal is not completed within thirty days after personal

4

notice was effected, borough council shall provide for the

5

removal to be done by employes of the borough or persons hired

6

for that purpose at the expense of the borough. The costs of

7

removal shall be assessed against the owner of the cemetery, if

8

known, and collected pursuant to Article XXI-A.

9

Section 330.  Sections 2806 and 2807 of the act are repealed:

10

[Section 2806.  Powers of Borough.--Such transfer shall be

11

made without cost to the borough and upon being made the borough

12

shall exercise the powers and privileges of such incorporated

13

company, and may purchase land within or beyond the borough

14

limits, not to exceed thirty acres, for the extension of such

15

cemetery, and may raise the means to pay for the same, by the

16

sale of lots or otherwise, but in no event by taxation; the

17

borough may lay out lots so purchased and alter the original

18

plot of such cemetery, and may dispose of such grounds in the

19

same manner as such incorporated company could have done.

20

Section 2807.  Deeds to Lots.--A deed for any lot, made by

21

the borough, shall be of the same validity as the deed of such

22

incorporated cemetery company; and the borough is authorized to

23

make deeds to those who theretofore purchased lots, but had not

24

been furnished with deeds by the cemetery company.]

25

Section 331.  Sections 2808 and 2809 of the act are amended

26

to read:

27

Section 2808.  Removing Bodies to Alter Plots.--In altering

28

the plot of any [such] cemetery, the bodies may be removed and

29

reinterred in a suitable place, but without cost to surviving

30

relatives.

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1

Section 2809.  Removal of Bodies to Other [Cemeteries.--

2

Whenever any cemetery privately owned and in charge of no

3

person, or any cemetery in charge of any religious society or

4

church, has ceased to be used for interments, or has become so

5

neglected as to become a public nuisance; or when such cemetery

6

hinders the improvement and progressive interests of any

7

borough, or is desired by the borough as a site for any free

8

public library building, or for any other public purpose, the

9

court of quarter sessions of the county, upon petition of the

10

managers of such cemetery; or upon the petition of fifty

11

residents in the vicinity in case such cemetery is not in charge

12

of anyone, setting forth that the improvements and progressive

13

interests of such borough are hampered and the welfare of such

14

borough is injured; or upon the petition of such borough setting

15

forth that such cemetery is desired by the borough for the

16

erection thereon of a free public library building, or for use

17

as a recreation place, or the opening, laying out or extension

18

through said land of any street, or for any other public

19

purpose; and after three successive weeks of advertisement in a

20

newspaper of general circulation in the borough may direct the

21

removal of the remains of the dead from such cemetery.]

22

Cemeteries.--(a)  The court of common pleas may, upon petition

23

and notice as set forth in this section, direct the removal of

24

the remains of the dead from a privately owned cemetery,

25

borough-owned cemetery, any cemetery affiliated with any

26

religious society or church or with any other organization, when

27

the cemetery has ceased to be used for interments, or has become

28

so neglected as to become a public nuisance, or when the

29

cemetery hinders the improvement and progressive interests of

30

the borough, or is desired by the borough as a site for any

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1

public purpose.

2

(b)  The petition to the court for the removal of the remains

3

of the dead shall be made in accordance with any of the

4

following:

5

(1)  The managers of the cemetery in charge of a religious

6

society or church or any other organization, but only in

7

pursuance of the wishes of a majority of the members of the

8

society or church or any other organization, expressed at a

9

meeting held for that purpose after two weeks' public notice.

10

The managers' petition shall set forth that the cemetery has

11

ceased to be used for interments.

12

(2)  Approval of fifty residents of the borough if the

13

cemetery is not in charge of anyone, setting forth that the

14

improvements and progressive interests of the borough are

15

hampered and the welfare of the borough is injured by the

16

presence of the cemetery.

17

(3)  Borough council setting forth that the cemetery has

18

become so neglected as to become a public nuisance, or that the

19

improvements and progressive interests of the borough are

20

hampered and the welfare of the borough is injured by the

21

presence of the cemetery, or that the land is desired for a

22

public purpose.

23

(c)  Prior to the court authorizing the removal of the

24

remains of the dead from a cemetery, notice shall be given by

25

advertisement in a newspaper of general circulation once a week

<--

26

for three successive weeks.

27

(d)  The removal shall be made by the managers of the

28

cemetery, or by the borough when the cemetery is in charge of no

29

one or is a borough-owned cemetery, in a careful manner, at the

30

expense of the party making the removal, to another cemetery as

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1

may be selected, or if so desired by relatives or other

2

interested parties, to some cemetery in the vicinity.

3

(e)  Relatives or other interested parties of the dead may

4

remove the remains, at any time during the proceedings, at their

5

own expense, before removal by the managers or the borough.

6

(f)  All bodies, when so removed, shall be placed in separate

7

caskets and graves, and the markers placed over the remains of

8

the bodies shall be taken by the persons authorized to make the

9

removal, and placed as near as can be in the same relative

10

position as before removal.

11

(g)  After the removal of all dead bodies from any such

12

cemetery, the land shall cease to be a cemetery or burial

13

ground, and may be acquired by the borough as other real estate

14

is acquired for borough purposes.

15

Section 332.  Sections 2810, 2811, 2812, 2813, 2814 and 2815

16

of the act are repealed:

17

[Section 2810.  Applications for Removal.--No application, as

18

provided in the preceding section, shall be made by the managers

19

of any cemetery, in charge of any society or church, except in

20

pursuance of the wishes of a majority of the members of such

21

society or church, expressed at a meeting held for that purpose

22

after two weeks' public notice.

23

Section 2811.  Removals; How Made.--Such removal shall be

24

made by the managers of such cemetery, or by the borough when

25

such cemetery is in charge of no one, in a careful manner, at

26

the expense of the party making such removal, to such other

27

cemetery as may be selected; or if so desired by relatives or

28

friends, to some cemetery in the vicinity.

29

Section 2812.  Notice of Removal.--The parties making such

30

removal shall publish, for two successive weeks, in a newspaper

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1

of general circulation in the borough, a notice declaring their

2

intention to remove such remains.

3

Section 2813.  Removal by Relatives and Friends.--Relatives

4

and friends of such dead may remove such remains, at any time

5

during such proceedings, at their own expense, before removal by

6

the managers.

7

Section 2814.  Care in Removal.--All bodies, when so removed,

8

shall be placed in separate caskets and graves, and the markers

9

placed over the remains of such bodies shall be taken by the

10

persons authorized to make such removal, and placed as near as

11

can be in the same relative position as before removal.

12

Section 2815.  Right to Use Property From Which Bodies

13

Removed.--After the removal of all dead bodies from any such

14

cemetery, the said land shall cease to be a cemetery or burial

15

ground for all and any purpose whatsoever; and may be acquired

16

by the borough as other real estate is acquired for borough

17

purposes.]

18

Section 333.  Section 2816 of the act, amended October 4,

19

1978 (P.L.962, No.189), is amended to read:

20

Section 2816.  Purchase of Plots for Burial of Deceased

21

Service Persons.--Any borough may purchase plots of ground, in

22

any cemetery or burial ground within its limits, for the

23

interment of [such] deceased members of the armed forces, as

24

have [heretofore] died before or shall [hereafter] die later 

25

within [such] the borough, or shall die beyond [such] the 

26

borough and shall have a legal residence within the borough at

27

the time of their death, and whose bodies are entitled to be

28

buried by the county under the provisions of existing law.

29

[Such] The plots of ground shall be paid for out of the treasury

30

of [such] the borough.

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1

Section 334.  Article XXIX heading of the act is reenacted to

2

read:

3

ARTICLE XXIX

4

LICENSES AND LICENSE FEES

5

Section 335.  Sections 2901 and 2902 of the act are amended

6

to read:

7

Section 2901.  Licensing Transient Retail Business.--[Every

8

borough shall have power] (a)  Any borough may, by ordinance,

9

[to] regulate and license [each and every person, firm or

10

corporation] transient merchants engaged in any transient retail

11

business[,] within [such] the borough[,]. Transient merchants

12

shall include any person, partnership or corporation engaged in

13

any transient retail business for the sale of goods, wares, or

14

merchandise, whether [such] the business [shall be] is conducted

15

from a fixed location within the borough or by any person or

16

persons engaged in peddling, soliciting, or taking of orders

17

from house to house[, and to]. The ordinance may prohibit the

18

commencement or doing of any [such] transient retail business

19

[or] unless the license required by [such] the ordinance has

20

been procured from the proper authorities by the person, firm,

21

or corporation desiring to commence [such] the transient retail

22

business[, and to enforce such ordinances]. The ordinance may

23

provide for enforcement by penalties or [by] other appropriate

24

means. The amount of any [such] license fee shall bear a

25

reasonable relationship to the cost of administering [such] the 

26

ordinance and regulating[, investigating,] and inspecting [and

27

supervising such] the transient retail business.

28

(b)  No license fee shall be charged under this section to

29

the following transient merchants, unless such transient

30

merchant is also selling other goods, wares and merchandise not

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1

excepted:

2

(i) [to farmers] Farmers selling their own produce[,].

3

(ii) [for the sale of] Persons selling goods, wares and

4

merchandise[, donated by the owners thereof,] if the proceeds

5

[whereof] of the sale are to be applied to any charitable or

6

philanthropic purpose[, or].

7

(iii) [to any manufacturer or producer] Manufacturers or

8

producers in the sale of bread and bakery products, meat and

9

meat products, or milk [or] and milk products, [but the]

10

provided that milk and milk products shall not include or apply

11

to ice cream or other frozen desserts.

12

(c)  The ordinance may require [any person, partnership, firm

13

or corporation in any or all of these excepted categories to]

14

that the transient merchants excepted from payment of a license

15

fee in subsection (b) must register with the borough[,] and

16

otherwise be subject to all other provisions of the ordinance

17

[except those pertaining to the payment of license fees:

18

Provided, the term "milk or milk products" shall not include or

19

apply to ice cream or other frozen desserts: And provided

20

further, That any transient retail business dealing in one or

21

more of the excepted categories and selling other goods, wares

22

and merchandise not excepted shall be subject to the license fee

23

fixed by the ordinance for its activities in connection with the

24

sale of goods, wares and merchandise not in any of the excepted

25

categories].

26

Section 2902.  Commonwealth Licenses Saved.--Nothing

27

contained in [section 2901 of this act] this article shall be

28

construed to relieve any person, partnership, or corporation

29

from the duty of taking out a license, or from the payment of

30

any license tax or fee imposed or authorized by any other

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1

statute of this Commonwealth, nor shall any Commonwealth license

2

tax or fee preempt the registration, license, or regulatory

3

powers of a borough in accordance with this article, unless the

4

preemption is expressly authorized.

5

Section 336.  Section 2903 of the act, amended October 5,

6

1979 (P.L.197, No.66), is amended to read:

7

Section 2903.  Licensing Parking Lots and Parking Garages 

8

Operated for Profit.--Any borough may, by ordinance, regulate

9

the business of operating parking lots or parking garages for

10

profit within the borough and may require such lots or garages 

11

to reserve areas exclusively for parking by handicapped

12

individuals. Ordinances shall be consistent with 75 Pa.C.S.

13

(relating to vehicles). Nothing in this section may be construed

14

to limit the protections and prohibitions contained in any law

15

or regulation relating to the rights of the disabled. License or

16

permit fees may be charged and collected from the operators of

17

[such] the parking lots or parking garages. Any borough adopting

18

such a regulatory plan shall require from each operator of

19

[such] a parking lot or parking garage a bond to be approved by

20

council for the protection of the public from loss of or damage

21

to vehicles parked, stored or placed under the jurisdiction of

22

[such] a parking lot or parking garage operator[: Provided,

23

That], provided that nothing in this section shall apply to

24

parking lots or parking garages operated by a municipal

25

authority or a parking authority.

26

Section 337.  Sections 2904 and 2905 of the act are amended

27

to read:

28

Section 2904.  Persons Taking Orders by Samples.--It shall be

29

unlawful for any borough to impose, levy or collect any license

30

fee or mercantile tax upon any persons taking orders for

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1

merchandise by sample, from dealers or merchants[,] for

2

individuals or companies who pay a license fee or mercantile tax

3

at their chief places of business. Nothing in this section shall

4

authorize any such person, firm or corporation to sell by retail

5

to others than dealers or merchants without payment of a license

6

or permit fee.

7

Section 2905.  Equality of Residents and Non-Residents.--It

8

shall be unlawful for any borough to impose, by ordinance, [or

9

exact] or collect under the provisions of any ordinance

10

[heretofore or hereafter enacted], any license [tax or] fee upon

11

or from any manufacturer, or the agent, representative or

12

employe of any manufacturer who is a resident of the

13

Commonwealth, for soliciting orders for, or for selling, any

14

goods, merchandise or wares manufactured within this

15

Commonwealth, that is not or cannot legally be imposed upon, [or

16

exacted,] or collected from, any manufacturer or dealer, or the

17

agent, representative, or employe of any manufacturer, who is a

18

non-resident of the Commonwealth, for soliciting orders for or

19

for selling any goods, merchandise, or wares manufactured

20

[without the] outside this Commonwealth.

21

Section 338.  Section 2906 of the act is reenacted to read:

22

Section 2906.  Insurance Business.--It shall be unlawful for

23

any borough to impose or collect any license fee upon any

24

insurance company or its agents, or insurance broker, authorized

25

to transact business under the laws of the Commonwealth.

26

Section 339.  The act is amended by adding an article to

27

read:

28

ARTICLE XXIX-A

29

VETERANS' AFFAIRS

30

(a)  Pennsylvania National Guard

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1

Section 2901-A.  Eminent domain for National Guard purposes.

2

Borough council may take, by right of eminent domain, for the

3

purpose of appropriating to the borough for the use of the

4

Pennsylvania National Guard, public lands, easements and public

5

property, as may be in its possession or control and used or

6

held by the borough for any other purpose. The right, however,

7

shall not be exercised as to any street or wharf.

8

Section 2902-A.  Lands for armory purposes.

9

Borough council may acquire, by purchase or by gift or by the

10

right of eminent domain, any land for the use of the

11

Pennsylvania National Guard, to convey the lands so acquired to

12

the Commonwealth in order to assist the State Armory Board in

13

the erection of armories. The power conferred by this section

14

shall not be exercised to take any church property, graveyard,

15

cemetery or any dwelling-house or the curtilage of the same in

16

the actual occupancy of the owner.

17

Section 2903-A.  Appropriation to assist in erection of

18

armories.

19

Borough council may appropriate money or convey land, either

20

independently or in conjunction with any municipality for the

21

purpose of assisting the State Armory Board in the erection of

22

armories for the use of the Pennsylvania National Guard and to

23

furnish water, sewer service, light or fuel, free of cost, to

24

the Commonwealth for use in any armory of the Pennsylvania

25

National Guard, and to do all things necessary to accomplish the

26

purpose of this section.

27

Section 2904-A.  Support of Pennsylvania National Guard units.

28

Borough council may appropriate annually a sum to be used and

29

expended exclusively for the support and maintenance, discipline

30

and training of any company, battalion, regiment or similar unit

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1

of the Pennsylvania National Guard. Where the units are

2

organized as a company, battalion, regiment or similar

3

organization, the total amount due may be paid to the commanding

4

officer of the company, battalion, regiment or similar

5

organization. Any moneys so appropriated shall be paid by

6

warrant drawn to the order of the commanding officer of the

7

company, battalion, regiment or similar organization, only when

8

it shall be certified to the borough, by the Adjutant General,

9

that the company or companies have satisfactorily passed the

10

annual inspection provided by law. The commanding officer shall

11

account, by proper vouchers to the borough each year, for the

12

expenditure of the money appropriated, and no appropriation

13

shall be made for any subsequent year until the expenditure of

14

the previous year is duly and satisfactorily accounted for. The

15

accounts of the expenditures shall be subject to the inspection

16

of the Department of Military and Veterans Affairs, and shall be

17

audited by the Auditor General in the manner provided by law for

18

the audit of accounts of State moneys.

19

(b)  Support of Veterans' Organizations

20

Section 2911-A.  Appropriations to organizations of veterans and

21

American Gold Star Mothers.

22

Borough council may appropriate annually a sum to be divided

23

in amounts as council deems proper to organizations composed of

24

veterans of any war in which the United States was engaged or

25

the American Gold Star Mothers' Organization, to aid in

26

defraying the expenses of Memorial Day, Veterans' Day or any

27

similar day hereafter provided for by Federal or State law. The

28

payments shall be made to defray actual expenses only. Before

29

any payment is made, the organization receiving the

30

appropriation shall submit verified accounts of its

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1

expenditures.

2

Section 2912-A.  Payment of rent for veterans' organizations.

3

Borough council may appropriate annually a sum as council

4

deems proper to incorporated organizations of American veterans

5

of any war in which the United States was engaged, to be used in

6

the payment of the rent of any building or room or rooms in

7

which the post, branch, camp, detachment or lodge has its

8

regular meetings.

9

Section 2913-A.  Rooms for veterans' and children of veterans'

10

organizations.

11

Borough council may furnish without charge to each

12

organization composed of American veterans of any war in which

13

the United States was engaged and children of such veterans, a

14

room or rooms in any public building of the borough.

15

Section 2914-A.  Care and erection of memorials.

16

Borough council may take charge of, care for, maintain and

17

keep in good order and repair, at the expense of the borough,

18

any soldiers' monument, gun or carriage or similar memorial

19

situated in the borough, and not in the charge or care of any

20

person, body or organization, and not put up or placed by the

21

Government of the United States, the Commonwealth of

22

Pennsylvania, or the commissioners of the county, or by the

23

direction or authority of any other state. Borough council may

24

also receive and expend any moneys or funds from any person or

25

organization to be used for the maintenance of the memorials.

26

Additionally, borough council may contribute to the erection of

27

memorials in honor of those who served in any war in which the

28

United States was engaged and thereafter to properly and

29

adequately maintain the same.

30

Section 340.  Article XXX heading and sections 3001, 3002,

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1

3003, 3004 and 3005 of the act are repealed:

2

[ARTICLE XXX

3

REAL ESTATE REGISTRY

4

Section 3001.  Real Estate Registry Established.--For the

5

purpose of procuring accurate information in reference to the

6

ownership of real estate the council of any borough may provide

7

by ordinance for a registry thereof.

8

Section 3002.  Maintenance of Real Estate Registry.--The

9

borough council in any borough in which a registry shall be

10

established shall appoint or designate any officer of the

11

borough or any other person to have charge of the real estate

12

registry, who shall, under the direction of the council, cause

13

to be made all necessary books, maps and plans, as will show the

14

situation and dimensions of each property thereon; which books,

15

maps, or plans shall be so prepared as to show the location and

16

the name of the owner or owners thereof, with blank spaces for

17

the name of the owner of each lot, and with provision for the

18

names of future owners and the dates of future transfers of

19

title.

20

Section 3003.  Access to Public Records.--For the purpose of

21

establishing such registry, the person in charge of the real

22

estate registry of any borough shall have access without charge

23

to any public records wherein the necessary information may be

24

obtainable, and may also cause a search to be made in other

25

places for any muniments or evidences of title, not reported to

26

him as herein provided, and requisite for the completion of such

27

books, maps, or plans.

28

Section 3004.  Keeping of Records.--The registry, books, maps

29

and plans shall be carefully preserved, and shall be so kept, by

30

additions from time to time, as to show the ownership of every

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1

lot, or piece of real estate, or subdivision thereof, within the

2

limits of the borough, with the succeeding transmissions of

3

title from the time of the commencement of such plans, but

4

nothing contained therein shall, at any time, invalidate any

5

municipal or tax claim by reason of the fact that the same is

6

not assessed or levied against the registered owner.

7

Section 3005.  Duties of Owners of Real Estate.--It shall be

8

the duty of all owners of real estate within the limits of the

9

borough, within one month after the date of the enactment of any

10

ordinance establishing such registry, and of every subsequent

11

purchaser, devise, or other owner, within one month after

12

acquiring title in any manner whatsoever to any real estate in

13

such borough, to furnish to the person in charge of the real

14

estate registry, at his office, descriptions of their respective

15

properties upon blanks to be furnished by the borough, and at

16

the same time to present their conveyances to be stamped as

17

evidence of the registry thereof.]

18

Section 341.  Section 3006 of the act, amended October 9,

19

1967 (P.L.360, No.158), is repealed:

20

[Section 3006.  Registry Required Before Recording.--The

21

sheriffs of the respective counties in which any such borough is

22

situated shall present for registry the deeds of all properties

23

within such borough sold by them at judicial sales; and the

24

recorders of deeds of such counties shall not admit for record

25

any deed of any property in such borough, bearing dates

26

subsequent to the enactment of an ordinance providing for the

27

establishment of such registry, unless the same shall first have

28

been duly stamped as herein provided.]

29

Section 342.  Article XXXI heading of the act is reenacted to

30

read:

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1

ARTICLE XXXI

2

HEALTH AND SANITATION

3

Section 343.  Sections 3101 and 3102 of the act are amended

4

to read:

5

Section 3101.  Establishment of Board of Health; Health

6

Officers.--[The administration of the health laws and ordinances

7

in boroughs shall be enforced by a board of health, or by a

8

health officer or officers, as the case may be, appointed by the

9

borough council.

10

Where the borough council elects to appoint a health officer

11

or officers the said health officer or officers] (a)  Borough

12

council may, by ordinance, appoint a board of health, or a

13

health officer or officers in lieu of a board of health, to

14

administer and enforce the health laws and related ordinances of

15

the borough. Health officers appointed by borough council shall

16

have the same powers and duties, and exercise the same

17

authority, as is prescribed for boards of health in boroughs.

18

All health officers, whether appointed by boards of health

19

pursuant to section 3106(b) or by the borough council, shall

20

have had some experience or training in public health work [in

21

accordance with rules and regulations established by the

22

Advisory Health Board of the State] and shall be, or within six

23

months of taking the oath of office, shall become certified for

24

the office of health officer by the Department of Health. [Such

25

health officers shall not enter upon the performance of their

26

duties until they are certified so to do by the State Department

27

of Health.]

28

(b)  All expenses incurred by the board of health, its

29

officers or employes in the performance of the duties required

30

by law or by ordinance, shall be paid by the borough where the

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1

duties are performed, in the same manner as other expenses of

2

the borough are paid.

3

(c)  A borough may, by ordinance, dissolve a board of health

4

and decide to become subject to the jurisdiction of a county

5

department of health or joint county department of health in

6

accordance with the act of August 24, 1951 (P.L.1304, No.315),

7

known as the "Local Health Administration Law."

8

Section 3102.  Members of Board of Health.--(a)  Where the

9

borough council decides to appoint a board of health [such], the 

10

board shall be composed of three or five members, appointed by

11

borough council, at least one of whom shall be a [physician]

12

professional health care provider of not less than two years'

13

experience in the practice of [his] the respective profession.

14

[The members of the board shall be appointed by the borough

15

council.] If no professional health care provider can be

16

identified to serve on the board, council may, instead, appoint

17

an individual who has experience in or is knowledgeable of

18

public health issues. At the first appointment one member shall

19

be appointed to serve for one year, one for two years, one for

20

three years, and, in the case of boards with five members, one

21

for four years, and one for five years; and thereafter one

22

member shall, in like manner, be appointed each year to serve

23

for three years or, in the case of boards with five members,

24

five years. The members of the board of health shall serve

25

without compensation, but if any member of the board shall be

26

elected to the office of secretary of the board of health, [he]

27

the member shall be entitled to receive a salary fixed by the

28

board for that office.

29

(b)  "Professional health care provider" as described in this

30

section shall mean an individual who is approved, licensed,

- 467 -

 


1

certified or otherwise regulated to practice or operate in the

2

health care field under the laws of this Commonwealth,

3

including, but not limited to, a physician, a dentist, a

4

podiatrist, a chiropractor, an optometrist, a psychologist, a

5

pharmacist, a registered or practical nurse, a physical

6

therapist, a physician's assistant, a paramedic, an

7

administrator of a hospital, nursing or convalescent home or

8

other health care facility or individuals licensed to practice

9

veterinary medicine under the laws of this Commonwealth.

10

Section 344.  Section 3103 of the act, amended June 25, 2001

11

(P.L.651, No.56), is amended to read:

12

Section 3103.  Oaths of Members, Secretary and Health

13

Officer; Organization; Bonds.--The members of the board shall

14

severally take and subscribe to the oath prescribed for borough

15

members of council [together with such loyalty oath as is

16

prescribed and required by law;] and shall annually organize by

17

electing a president from among the members of the board, a

18

secretary who may or may not be a member of the board, and a

19

health officer. The secretary and the health officer shall

20

receive such salary as may be fixed by the board, and ratified

21

by the borough council, and shall serve [for a period] until

22

such time as their successors may be elected and qualified. If

23

the borough council shall so require, they shall severally give

24

bond to the borough in such sums as council shall prescribe for

25

the faithful discharge of their duties. They shall take and

26

subscribe to the oaths required of members of the board.

27

Section 345.  Sections 3104, 3105, 3106, 3107, 3108, 3109,

28

3110 and 3111 of the act are amended to read:

29

Section 3104.  Duties of Secretary.--The secretary of the

30

board shall [keep]:

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1

(1)  Keep and maintain, in accordance with 53 Pa.C.S. Ch. 13

2

Subch. F (relating to municipal records), the minutes of the

3

proceedings of the board[; shall] and keep accurate accounts of

4

the expenditures of the board[; shall draw].

5

(2)  Draw all requisitions for the payment of moneys on

6

account of the board of health from appropriations made by the

7

borough council [of] to the board, and [shall] present the same

8

to the president of the board for [his] the president's 

9

approval[; shall render].

10

(3)  Render statements of the expenditures to the board at

11

each stated meeting, or as frequently as the board may require[;

12

shall prepare,].

13

(4)  Prepare, under the directions of the board, the annual

14

report to the borough council together with the estimate of

15

appropriation needed for the ensuing year. [He shall report]

16

(5)  Report to the State Department of Health at such

17

intervals as shall be specified by [the State] law or

18

regulation, the cases of communicable disease reported to the

19

board of health, on the form provided for that purpose by [such]

20

the department[;] and [shall also] make an annual report to

21

[such] the department[; and shall make].

22

(6)  Make such other reports and perform such other duties as

23

the board may require.

24

Section 3105.  Powers and Duties of Health Officer.--It shall

25

be the duty of the health officer to attend all [stated] regular 

26

and special meetings of the board of health, and at all times be

27

ready and available for the prompt performance of [his] the

28

officer's official duties[. He shall perform], including such

29

duties as are vested in local health officers by State laws and

30

regulations. [He] The health officer shall make sanitary

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1

inspection and shall execute the orders of the board of health

2

and shall, in the performance of [his] the health officer's 

3

duties, have the power and authority [of a policeman] to issue

4

citations for the violation of applicable laws and ordinances.

5

Section 3106.  Powers of Board of Health.--(a)  The board of

6

health shall have the power, and it shall be its duty to

7

[enforce]:

8

(1)  Enforce the laws of the Commonwealth, the regulations of

9

the State Department of Health, and all ordinances of the

10

borough enacted to promote public health and prevent the

11

introduction and spread of infectious or contagious disease[; to

12

abate].

13

(2)  Abate and remove all nuisances [which] that the board

14

shall deem [prejudicial] detrimental to the public health[;] and 

15

to mark infected houses or places[; to recommend].

16

(3)  Recommend rules [for the construction and maintenance of

17

house-drains, wash-pipes, soil-pipes and cesspools; and to

18

recommend all such other rules] and regulations as shall be

19

deemed necessary for the preservation of the public health and

20

for carrying into effect the powers and functions of the board.

21

[Such] The rules and regulations shall not become effective

22

until they have been approved by the borough council and enacted

23

as ordinances of the borough. [The board shall also have power,

24

with the consent of council, in case of a prevalence of any

25

contagious or infectious disease to establish one or more

26

emergency hospitals, and to make provisions and regulations for

27

the maintenance and management of the same.

28

The board shall also have the power to recommend to council

29

all necessary rules and regulations not inconsistent with law,

30

for carrying into effect the powers and functions with which the

- 470 -

 


1

board is invested by law, and the power and authority relating

2

to the public health conferred on boroughs. Such rules and

3

regulations shall not become effective until they have been

4

approved by the borough council and enacted as ordinances of the

5

borough.]

6

(b)  The board of health may appoint a health officer or

7

officers.

8

Section 3107.  Entry Upon Premises.--(a)  The board of health

9

as a body, or by committee, as well as the health officer,

10

together with their assistants, subordinates, and [workmen]

11

employes, under and by order of the [said] board, shall have the

12

power to enter at [any time] a reasonable time and in a

13

reasonable manner upon any premises in the borough upon which

14

there is suspected to be any infectious or contagious disease,

15

or nuisance detrimental to the public health, for the purpose of

16

examining and abating the same.

17

(b)  In the event that entry upon any premises is refused by

18

an owner, an agent of an owner or a tenant, the board of health

19

or health officer shall obtain an administrative search warrant

20

from any magisterial district judge within the judicial district

21

where the premises to be inspected is located.

22

(c)  It shall be sufficient to support the issuance of a

23

warrant for the board of health or health officer to provide to

24

the magisterial district judge evidence of any of the following:

25

(1)  Reasonable standards and an administrative plan for

26

conducting inspections.

27

(2)  The condition of the premises or general area and the

28

passage of time since the last inspection.

29

(3)  Facts, supported by oath or affirmation, alleging that

30

probable cause exists that a law, regulation or ordinance

- 471 -

 


1

subject to enforcement by the board of health or health officer

2

has been violated.

3

Section 3108.  Inspections; Abatement of Nuisances.--The

4

board of health [may inspect house-drains, waste and soil-pipes,

5

cesspools, water-closets, slaughter-houses, hog-pens, stable-

6

yards and] shall have the power to inspect any conditions or

7

places [whatsoever] in the borough which may constitute a

8

nuisance or a menace to public health[; and whenever]. Whenever 

9

any condition or place in the borough is found by the board to

10

be a nuisance or a menace to the health of the people of the

11

borough it shall issue a written order of abatement, directed to

12

the owner, or agent of the owner, of the premises, stating that

13

the conditions specified [therein] in the premises constitute a

14

nuisance or a menace to health, and ordering an abatement

15

thereof within [such] reasonable time as may be specified by the

16

board in [such] the order. [In case such] If the order of

17

abatement is not obeyed within the time specified [therein], the

18

board shall [thereupon] issue a further written order to the

19

health officer, directing [him] the health officer to remove or

20

abate the same[; which]. The order shall be executed by [him and

21

his] the health officer and subordinates and [workmen] agents,

22

and the expense [thereof] of execution with a penalty of ten

23

percent [thereof added thereto], shall be recoverable from the

24

owner of the premises upon or from which the nuisance or menace

25

to health is abated or removed, in the same manner as debts of

26

like character are now collected by law[; or the said board of

27

health may proceed to enforce such other remedy, or inflict such

28

penalty, as may be provided by ordinance of the borough]. In

29

lieu of, or in addition to the above procedure, borough council

30

may seek relief from a nuisance or threatened nuisance by an

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1

action at law or in equity. Council may seek the guidance of the

2

board of health or the health officer in determining the nature

3

of the relief requested.

4

Section 3109.  Estimates of Expenditures; Report.--It shall

5

be the duty of the board of health or of the health officer or

6

officers appointed by borough council to submit annually to the

7

council, before the commencement of the fiscal year, an estimate

8

of the probable expenditures of the board or the health officer

9

or officers during the ensuing year; and council shall then

10

proceed to make [such] appropriations as may be deemed

11

necessary. The board of health, or the health officer or

12

officers, shall, in the month of January of each year, submit a

13

report, in writing, to council of its appropriation and

14

expenditures for the preceding year, together with such other

15

information on subjects relative to the sanitary conditions or

16

requirements of the borough as may be necessary.

17

Section 3110.  Cooperation With Other Units.--Any borough may

18

cooperate with the county or counties in which it is located, or

19

with any [city, borough, or township] municipal corporation, as

20

well as with the State Department of Health, in the

21

administration and enforcement of health laws.

22

Section 3111.  Powers of [Secretary of Health.--Whenever, in

23

the opinion of the Secretary of Health, conditions found by him

24

to exist in any borough shall constitute a menace to the lives

25

and health of people living outside the corporate limits of such

26

borough or if it be known by him that any borough is without an

27

existing or efficient board of health, he or his agents may take

28

full charge of and administer the health laws, regulations and

29

ordinances in such borough; and may continue in charge thereof

30

until he shall decide that a competent and efficient board of

- 473 -

 


1

health, or health officer or officers, has been appointed and

2

qualified for such borough and is ready, able and willing to

3

assume and carry into effect the duties imposed upon it by law.]

4

Department of Health to Administer Health Laws; Expenses.--(a)   

5

Nothing in this act may be construed as to limit any power or

6

duty of the Department of Health, including the power to take

7

full charge of the administration of health laws, regulations

8

and ordinances in a borough and collect any costs associated

9

therewith in accordance with Article XXI of the act of April 9,

10

1929 (P.L.177, No.175), known as "The Administrative Code of

11

1929."

12

(b)  Any expenses of the Department of Health for which the

13

borough is liable shall be paid by the borough where the

14

expenses have been incurred, in the same manner as other

15

expenses of the borough are paid. All expenses incurred by the

16

Department of Health, when paid or when collected, shall be

17

returned by the department to the State Treasurer, who shall

18

credit the amount so received to the appropriation made to the

19

Department of Health.

20

(c)  Whenever expenses incurred in accordance with the

21

provisions of subsection (b) shall remain unpaid by a borough

22

for a period over three months after a statement of the expense

23

has been rendered to the borough and demand for payment is made,

24

the Secretary of Health shall, with the approval of the

25

Governor, institute, in the name of the Commonwealth as

26

plaintiff, an action of assumpsit against the borough for the

27

collection of the expense from the borough in the same manner as

28

debts of like amount are collected by law. Upon the trial of the

29

action, the reasonableness of the expenditures made by the

30

secretary shall be submitted to the jury for its determination.

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1

Section 346.  Sections 3112, 3113 and 3114 and Article XXXIII

2

heading of the act are repealed:

3

[Section 3112.  Expenses of Board or Secretary of Health.--

4

All expenses incurred by any local board of health, its officers

5

or employes, in the performance of the duties imposed upon it by

6

law, and all expenses incurred by the Secretary of Health or his

7

agents in accordance with the provisions of this article shall

8

be paid by the borough wherein such duties are performed, in the

9

same manner as other expenses of such borough are paid.

10

Section 3113.  Failure to Pay Expenses Incurred by State

11

Secretary.--Whenever expenses incurred by the Secretary of

12

Health or his agents in the administration of health laws in any

13

borough in accordance with the provisions of this article, shall

14

remain unpaid by said borough for a period over three months

15

after a statement of such expense has been rendered by him to

16

such borough and demand for payment by him made, he shall, with

17

the approval of the Governor, institute, in the name of the

18

Commonwealth as plaintiff, an action of assumpsit against such

19

borough for the collection of such expense from the borough in

20

the same manner as debts of like amount are collected by law:

21

Provided, That upon the trial of any such action of assumpsit,

22

the reasonableness of the expenditures made by the Secretary of

23

Health shall be submitted to the jury for its determination.

24

Section 3114.  Disposition of Collected Funds.--All expenses

25

incurred by the Secretary of Health in the administration of

26

health laws in any borough, when paid to him by such borough, or

27

when collected by him, shall be returned by him to the State

28

Treasurer, who shall credit the amount so received to the

29

appropriation made to the Department of Health.

30

ARTICLE XXXII

- 475 -

 


1

ZONING]

2

Section 347.  The act is amended by adding an article to

3

read:

4

ARTICLE XXXII-A

5

UNIFORM CONSTRUCTION CODE, PROPERTY MAINTENANCE

6

CODE AND RESERVED POWERS

7

Section 3201-A.  Primacy of Uniform Construction Code.

8

(a)  General rule.--The act of November 10, 1999 (P.L.491,

9

No.45), known as the Pennsylvania Construction Code Act, and the

10

Uniform Construction Code adopted under section 301 of the

11

Pennsylvania Construction Code Act shall apply to the

12

construction, alteration, repair and occupancy of all buildings

13

and structures within a borough that are used or intended for

<--

14

supporting or sheltering any occupancy.

15

(b)  Primacy.--This section and any ordinance, rule or

16

regulation adopted pursuant to this section shall not supersede

17

or abrogate the Pennsylvania Construction Code Act or the

18

Uniform Construction Code and shall be construed and read in

19

pari materia with them.

20

Section 3202-A.  Changes in Uniform Construction Code.

21

A borough may propose and enact an ordinance to equal or

22

exceed the minimum requirements of the Uniform Construction Code

23

in accordance with and subject to the requirements of section

<--

24

503 of the act of November 10, 1999 (P.L.491, No.45), known as

25

the Pennsylvania Construction Code Act. Any ordinance exceeding

<--

26

the provisions of the Uniform Construction Code shall be

27

required to meet the standards provided in section 503(j)(2) of

28

the Pennsylvania Construction Code Act.

29

Section 3203-A.  Public nuisance.

30

Any building, housing or property, or part of any building,

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1

housing or property erected, altered, extended, reconstructed,

2

removed or maintained, contrary to any of the provisions of any

3

ordinance passed for any of the purposes specified in this

4

article may be declared, by a court of law, a public nuisance,

5

and may be abatable as such, provided, however, that a violation

<--

6

of the Uniform Construction Code or any ordinance that equals or

7

exceeds the Uniform Construction Code shall be subject to the

8

provisions of the Pennsylvania Construction Code Act and the

9

regulations adopted thereunder by the Department of Labor and

10

Industry relating to enforcement for noncompliance.

11

Section 3204-A.  Property maintenance code.

12

(a)  Property maintenance codes.--Notwithstanding the primacy

13

of the Uniform Construction Code, a borough may enact a property

14

maintenance ordinance, and it may incorporate any standard or

15

nationally recognized property maintenance code, or any

16

variations or changes or parts of the code, published and

17

printed in book form, without incorporating the text of the code

18

in the ordinance, or a borough may enact any standard or

19

nationally recognized property maintenance code or any changes

20

or variations or parts, as its ordinance. In either event, the

21

ordinance, or any changes or variations or parts, need not be

22

advertised after passage, but notice of its consideration, in

23

reasonable detail, shall be published as will give adequate

24

notice of its contents and a reference to the place or places

25

within the borough where copies of the proposed property

26

maintenance code may be examined or obtained. The notice

27

required by this subsection shall be published once in one

28

newspaper of general circulation at least one week and not more

<--

29

than three weeks prior to the presentation of the proposed

30

property maintenance code to council. No fewer than three copies

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1

of the ordinance adopted by council shall be made available for

2

public inspection and use during business hours or be made

3

available to any interested party at the cost of the copies, or

4

may be furnished or lent without charge. A property maintenance

5

code adopted by reference need not be recorded in or attached to

6

the ordinance book, but shall be deemed to have been legally

7

recorded if the ordinance by which the code was adopted by

8

reference shall have been recorded, with an accompanying

9

notation stating where the full text of the code shall have been

10

filed. The ordinance may provide for reasonable property fines

11

and penalties for violations of the ordinance. The procedure

12

under this section relating to the adoption of the ordinance may

13

likewise be utilized in amending, supplementing or repealing any

14

of the provisions of the ordinance.

15

(b)  Property maintenance inspectors.--Council may appoint

16

property maintenance inspectors who shall have the right to

17

enter upon, subject to constitutional standards in a similar

18

manner as provided in section 3107, and inspect any premises at

19

all reasonable hours and in a reasonable manner for the

20

administration and enforcement of the borough's property

21

maintenance code or ordinance incorporating a standard or

22

nationally recognized property maintenance code. Any fees

23

payable to property maintenance inspectors under the ordinance

24

shall be paid by the property maintenance inspectors to the

25

borough treasurer for the use of the borough as promptly as may

26

be.

27

(c)  Legal actions.--In addition to the penalties provided by

28

the property maintenance ordinance, the borough may institute

29

appropriate actions or proceedings at law or in equity to

30

prevent or restrain property maintenance violations.

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1

(d)  Construction.--The powers of a borough as provided in

2

this section shall be in addition to, but not limited to, the

3

powers provided in the act of November 26, 2008 (P.L.1672,

4

No.135), known as the Abandoned and Blighted Property

5

Conservatorship Act, and 53 Pa.C.S. Ch. 61 (relating to

6

neighborhood blight reclamation and revitalization).

7

Section 3205-A.  Reserved powers.

8

(a)  Police powers.--Nothing in this article may be construed

<--

9

as limiting or restricting the police power which boroughs may

10

be authorized to exercise in conformity with the act of November

11

10, 1999 (P.L.491, No.45), known as the Pennsylvania

12

Construction Code Act, and the Uniform Construction Code,

13

including the exercise of those powers set forth in subsection

14

(b) that are not prohibited by or inconsistent with the

15

Pennsylvania Construction Code Act or the Uniform Construction

16

Code.

17

(b)  Preserved powers.--If, as a result of legislative action

18

or otherwise, the Uniform Construction Code or any replacement

19

code is no longer made applicable to boroughs, a borough may:

20

If, as a result of legislative action or final order of court

<--

21

for which the time for appeal has expired and no appeal has been

22

taken or from which there is no pending appeal, the Uniform

23

Construction Code or any replacement code is no longer

24

applicable in boroughs, a borough may:

25

(1)  Enact and enforce ordinances to govern and regulate

26

the construction, reconstruction, alteration, extension,

27

repair, conversion, maintenance, occupation, sanitation,

28

ventilation, heating, egress, lighting, electric wiring,

29

water supply, toilet facilities, drainage, plumbing, fire

30

prevention, fireproofing, including prescribing limitations

- 479 -

 


1

wherein only buildings of noncombustible material and

2

fireproofed roofs are used in construction, erection or

3

substantial reconstruction, use and inspection of all

4

buildings and housing or parts of buildings and housing and

5

the roofs, walls and foundations of buildings and housing,

6

and all facilities and services in or about the buildings or

7

housing constructed, erected, altered, designed or used, in

8

whole or in part, for any use or occupancy, and the

9

sanitation and inspection of land appurtenant to the

10

buildings or housing. The codes may be combined or separately

11

enacted or combined with the property maintenance code. A

12

borough may adopt, amend or incorporate by reference any

13

standard or nationally recognized code or any variations or

14

changes or parts of the code as its ordinance in the manner

15

provided in section 3204-A. The ordinance may provide for

16

reasonable fines and penalties for violations of the

17

ordinance in compliance with Article XXXIII.

18

(2)  Require that before any work of construction,

19

reconstruction, alteration, extension, repair or conversion

20

of any building is begun, approval of the plans and

21

specifications be secured.

22

(3)  Council may appoint building inspectors, housing

23

inspectors, property maintenance inspectors, fire prevention

24

inspectors, electrical inspectors and plumbing inspectors,

25

and fix their compensation. The inspectors shall have the

26

right to enter upon, subject to constitutional standards in a

27

similar manner as provided in section 3107, and inspect any

28

premises at all reasonable hours and in a reasonable manner,

29

for the administration and enforcement of the borough's

30

adopted codes or ordinances incorporating standard or

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1

nationally recognized codes. Any fees payable to inspectors

2

under the ordinances shall be paid by them to the borough

3

treasurer for the use of the borough as promptly as may be.

4

(4)  In addition to the penalties provided by ordinances,

5

the borough may institute appropriate actions or proceedings

6

at law or in equity to prevent or restrain the unlawful

7

construction, reconstruction, alteration, extension, repair,

8

conversion, maintenance, use or occupation of property

9

located within the borough, to restrain, correct or abate the

10

violation and to prevent the use or occupancy of the

11

building, housing or structure.

12

Section 348.  Article XXXIII heading of the act is amended to

13

read:

14

ARTICLE XXXIII

15

[ENFORCEMENT OF] ORDINANCES

16

Section 349.  Section 3301 of the act, amended October 9,

17

1967 (P.L.399, No.181) and repealed in part April 28, 1978

18

(P.L.202, No.53), is repealed:

19

[Section 3301.  Prosecution of Ordinance Violators;

20

Disposition of Fines, Penalties and Costs.--Any violation or

21

failure to comply with any provision of any borough ordinance

22

shall constitute a summary offense and prosecution for every

23

such offense shall be according to the practice in the case of

24

summary convictions.]

25

Section 350.  The act is amended by adding subdivisions to

26

read:

27

(a)  General Provisions

28

Section 3301.1.  Ordinances; resolutions.

29

(a)  General rule.--Borough council shall enact ordinances in

30

accordance and not inconsistent with the provisions of this act

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1

and with the laws of this Commonwealth, in which general or

2

specific powers of the borough shall be exercised as it shall

3

deem beneficial to the borough and to provide for the

4

enforcement of the same. Borough council may amend, repeal or

5

revise existing ordinances by the enactment of subsequent

6

ordinances.

7

(b)  Legislative acts.--Every legislative act of council

8

shall be by ordinance and these legislative acts shall include,

9

but not be limited to, tax ordinances, general appropriation

10

ordinances, capital expenditures not payable out of current

11

funds, and all legislation exercising the police power of the

12

borough, regulating land use, development and subdivision,

13

imposing building, plumbing, electrical, property maintenance,

14

housing and similar standards, and otherwise regulating the

15

conduct of persons or entities within the borough and imposing

16

penalties for the violation thereof.

17

(c)  Resolutions.--Borough council shall adopt resolutions in

18

accordance and not inconsistent with the provisions of this act 

19

and the laws of this Commonwealth. The purposes for which

<--

20

resolutions may be adopted shall include, but not be limited to,

21

ceremonial or congratulatory expressions of the good will of the

22

council, statements of public policy of the council, approval of

23

formal agreements of the borough, other than agreements arising

24

under an established purchasing system of the borough, the

25

approval, when required, of administrative rules, regulations

26

and bylaws arising under State statutes or borough ordinances

27

and the filling of borough-appointed positions and of vacancies

28

of elected officials unless otherwise provided.

29

(d)  Real and personal property matters.--Borough council's

30

approval of the acquisition, disposition and leasing of real or

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1

personal property shall be by adoption of a resolution in a

<--

2

manner consistent with this act.

3

Section 3301.2.  Publication of proposed ordinances.

4

(a)  Publication requirements.--Except where otherwise

5

provided in this act or in other law, borough council shall

6

publish every proposed ordinance once in one newspaper of

<--

7

general circulation no more than 60 days nor fewer than seven

8

days prior to enactment, which the seventh day shall fall on the

9

day prior to the day when council shall vote on the proposed

10

ordinance. Publication of any proposed ordinance shall include

11

either the full text or the title and a brief summary prepared

12

by the borough solicitor setting forth all the provisions in

13

reasonable detail and a reference to a place within the borough

14

where copies of the proposed ordinance may be examined.

15

(b)  Publication of summary.--If the full text is not

16

included in the publication of the proposed ordinance, the

17

following shall apply:

18

(1)  The newspaper in which the proposed ordinance is

19

published shall, upon request, be furnished a copy of the

20

full text.

21

(2)  An attested copy of the full text shall be filed in

22

the county law library or other county office designated by

23

the county commissioners who may impose a fee no greater than

24

that necessary to cover the actual costs of storing the

25

proposed ordinance.

26

(3)  The date of the filing with the county, as provided

27

in paragraph (2), shall not affect the effective date of the

28

ordinance and shall not be deemed a defect in the process of

29

the enactment of the ordinance.

30

(c)  Notice of amendments.--In the event substantial

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1

amendments are made in the proposed ordinance, before voting

2

upon enactment, council shall within ten days readvertise in one

3

newspaper of general circulation, a brief summary setting forth

<--

4

all the provisions in reasonable detail together with a summary

5

of the amendments.

6

Section 3301.3.  Enactment, approval and veto of ordinances;

7

effective date.

8

(a)  Approval by mayor.--

9

(1)  Every ordinance enacted by council shall be

10

presented to the mayor for the mayor's approval. As a matter

11

of law, presented to the mayor shall be deemed to mean

12

delivery to the mayor by hand delivery or certified mail,

13

addressee only, to the mayor at the mayor's last known

14

address. Delivery shall be deemed complete upon depositing in

15

the mail, postage or charges prepaid, as evidenced by a

16

certificate of mailing.

17

(2)  If the mayor approves the ordinance, he or she shall

18

sign it. If the mayor does not approve the ordinance, the

19

mayor shall return it with his or her objections which shall

20

be entered upon the minutes, to the council at its next

21

scheduled meeting occurring at least ten days after the

22

meeting at which the ordinance was enacted by council.

23

Council shall proceed to a reconsideration of the ordinance

24

either at the meeting at which the vetoed ordinance was

25

returned or no later than ten days thereafter at any other

26

scheduled meeting. If, after reconsideration, a majority of

27

all elected council members plus one votes to override the

28

mayor's veto, the ordinance shall have full force and effect

29

as if it had received the approval of the mayor. The vote

30

shall be determined by yeas and nays, and the names and votes

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1

of the members shall be entered upon the minutes. A scheduled

2

meeting, as used in this section, may be either a regular,

3

special or reconvened meeting.

4

(3)  If any ordinance shall not be returned by the mayor

5

at council's next scheduled meeting occurring at least ten

6

days after its presentation to the mayor, the ordinance shall

7

have full force and effect as if it had been approved by the

8

mayor.

9

(b)  Effective date.--The effective date of an enacted

10

ordinance, except as otherwise provided in the ordinance, shall

11

be the date when the mayor shall approve it or the date of

12

enactment by the council over the veto of the mayor, or in the

13

case of any ordinance not returned by the mayor at the next

14

scheduled meeting of council occurring at least ten days after

15

the meeting at which the ordinance was enacted by the council,

16

the date of enactment shall be the date of the succeeding

17

scheduled meeting of council.

18

(c)  Tax ordinance.--When council shall present the mayor

19

with the annual tax ordinance referred to in section 1310.1, the

20

mayor shall, within ten days of receiving the tax ordinance

21

approve or return the tax ordinance to the borough secretary

22

with a statement setting forth the mayor's objections. Council

23

shall proceed to a reconsideration at any scheduled meeting held

24

no later than ten days after the mayor has returned the tax

25

ordinance to the secretary with the mayor's objections. The

26

mayor's objections shall be entered upon the minutes of the

27

meeting. A veto of the tax ordinance of the borough may be

28

overridden by a vote of a majority of all elected council

29

members plus one. After that action, the ordinance shall have

30

full force and effect as if it had received the approval of the

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1

mayor. If the mayor neither approves the tax ordinance nor

2

returns it with objections, the date of enactment of the tax

3

ordinance shall be the date of the adoption of the tax ordinance

4

by council.

5

Section 3301.4.  Recording, advertising and proof of ordinances.

6

All borough ordinances shall, within 30 days after (1)

7

approval by the mayor, or (2) council's override of the mayor's

8

veto or (3) council's next scheduled meeting after its

9

presentation to the mayor, be recorded by the borough secretary

10

in a book provided for that purpose, which shall be open to the

11

inspection of citizens during normal business hours. All

12

ordinances may be proved by the certificate of the borough

13

secretary, under the corporate seal. When printed or published

14

in book or pamphlet form by the authority of the borough, the

15

ordinances or resolutions shall be read and received as evidence

<--

16

in all courts and places without further proof. The entry of the

17

borough ordinance in the ordinance book shall be sufficient,

18

without the signature of the president of council, mayor or

19

member of council. Any and all borough ordinances or portions

20

thereof, the text of which, prior to the effective date of this

21

act, shall have been attached to the ordinance book, shall be

22

considered in force just as if the ordinances or portions

23

thereof had been recorded directly upon the pages of the

24

ordinance book, provided that all other requirements of this act

25

applicable to the enactment, approval, advertising and recording

26

of the ordinances or portions of ordinances were complied with

27

within the time limits prescribed by this act.

28

Section 3301.5.  Codification of ordinances.

29

(a)  Consolidation, codification and revision.--When a

30

borough has prepared a consolidation, codification or revision

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1

of the general body of borough ordinances, or the ordinances on

2

a particular subject, the borough council may adopt the

3

consolidation, codification or revision as an ordinance of the

4

borough in accordance with section 3301.1(a), except as

5

hereinafter provided.

6

(b)  Enactment.--Any consolidation, codification or revision

7

of borough ordinances to be enacted as a single ordinance shall

8

be introduced in the borough council at least 30 days before its

9

final enactment. At least 15 days before its final enactment,

10

notice of the introduction of any consolidation, codification or

11

revision, specifying its general nature and listing its table of

12

contents, shall be given by advertisement in a newspaper of

<--

13

general circulation.

14

(c)  Notice.--When any consolidation, codification or

15

revision has been enacted as an ordinance, it shall not be

16

necessary to advertise the entire text, but it shall be

17

sufficient in any case, to publish a notice stating that the

<--

18

consolidation, codification or revision, notice of the

19

introduction of which had previously been given, was finally

20

enacted.

21

(d)  Contents of notice.--In the course of preparing a

22

consolidation, codification or revision of ordinances, a borough

23

may utilize the procedure set forth in subsections (a), (b) and

24

(c) to enact a complete group or body of ordinances, repealing

25

or amending existing ordinances as may be necessary. In such

26

cases, the advertisement giving notice of the introduction shall

27

list, in lieu of a table of contents, the titles only of each of

28

the ordinances in a complete group or body of ordinances, as was

29

finally enacted.

30

Section 3301.6.  Appeals from ordinances.

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1

Complaint as to the legality of any ordinance or resolution

2

may be made to the court of common pleas. In cases of ordinances

3

laying out streets over private lands, the court shall have

4

jurisdiction to review the propriety as well as the legality of

5

the ordinance.

6

Section 3301.7.  Lost ordinance books to be replaced; recording

7

ordinances.

8

(a)  Lost ordinance books.--Whenever any ordinance book or

9

books are lost, destroyed or become unserviceable, the borough

10

council may provide by ordinance for a new ordinance book or

11

books into which shall be recorded by the secretary all of the

12

ordinances contained in the lost, destroyed or unserviceable

13

ordinance book or books. The secretary, in recording the

14

ordinances, shall make complete copies of the ordinances,

15

including the date of enactment and approval and the names of

16

the officers who signed the same, and, after notice given, as

17

provided in this section, and corrections made, shall certify

18

each ordinance as a correct copy of the original.

19

(b)  Recording ordinances.--The ordinance providing for the

20

recording of ordinances shall be recorded in the ordinance book,

21

immediately following the ordinances so recorded and it shall

22

provide that the secretary of the borough, upon the completion

23

of the recording, shall publish once, in one newspaper of

<--

24

general circulation, a notice stating that ordinances of the

25

borough contained in lost, destroyed or unserviceable ordinance

26

book or books, and that the old books and records of borough

27

ordinances and the new ordinance book are open to public

28

inspection for the purpose of verification and correction for a

29

period of 30 days from the date of the notice.

30

(c)  Certification by secretary of borough.--The secretary of

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1

the borough, at the expiration of the notice, shall make all

2

corrections, and shall then certify that all of the ordinances

3

have been compared with the originals and that they are correct

4

copies. After the ordinances are recorded, notice given, and the

5

certificate of correction made, the ordinances so recorded shall

6

take the place of the original record and shall be the valid and

7

legal ordinances of the borough for the period covered by the

8

new ordinance book.

9

(b) Enforcement

10

Section 3321.  Fines and penalties.

11

An ordinance enacted by borough council pursuant to this act

12

shall prescribe the fines and penalties which may be imposed for

13

its violation and shall, unless otherwise specified in any other

14

law of this Commonwealth, designate the method of its

15

enforcement in accordance with the following:

16

(1)  Except as provided in paragraph (2), when the

17

penalty imposed for the violation of an ordinance enacted

18

pursuant to the provisions of this act is not voluntarily

19

paid to the borough, the borough shall initiate a civil

20

enforcement proceeding before a magisterial district judge.

21

The civil enforcement proceeding shall be initiated by

22

complaint or by such other means as may be provided by the

23

Pennsylvania Rules of Civil Procedure. An ordinance which is

24

to be enforced through a civil enforcement proceeding may

25

prescribe civil penalties not to exceed $600 per violation. A

26

borough shall be exempt from the payment of costs in any

27

civil case brought by the borough to enforce an ordinance in

28

accordance with this paragraph.

29

(2)  For an ordinance regulating building, housing,

30

property maintenance, health, fire, public safety, parking,

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1

solicitation, curfew, water, air or noise pollution, borough

2

council shall provide that its enforcement shall be by action

3

brought before a magisterial district judge in the same

4

manner provided for the enforcement of summary offenses under

5

the Pennsylvania Rules of Criminal Procedure. The municipal

6

solicitor may assume charge of the prosecution without the

7

consent of the District Attorney as required under

8

Pa.R.Crim.P. No. 454 (relating to trial in summary cases).

9

Borough council may prescribe criminal fines not to exceed

10

$1,000 per violation and may prescribe imprisonment to the

11

extent allowed by law for the punishment of summary offenses.

12

Violations of the property maintenance code or ordinance may

13

also be enforced pursuant to section 3204-A(c).

14

(3)  All ordinances enacted prior to the effective date

15

of this clause, other than those regulating building,

16

housing, property maintenance, health, fire, public safety,

17

parking, solicitation, curfew, water, air or noise pollution,

18

shall be deemed automatically amended so that they shall be

19

enforced through a civil enforcement proceeding in accordance

20

with paragraph (1).

21

(4)  In addition to or in lieu of enforcement of an

22

ordinance through a civil action or as a summary offense, as

23

provided in this section, boroughs may enforce ordinances

24

through an action in equity brought in the court of common

25

pleas of the county where the borough is situate.

26

(5)  Ordinances, whether enforced through civil

27

proceedings or as a summary offense, may provide that a

28

separate offense shall arise for each day or portion of a day

29

in which a violation is found to exist or for each section of

30

the ordinance which is found to have been violated. In the

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1

event that such claims for fines and penalties exceed the

2

monetary jurisdiction of a magisterial district judge as set

3

forth in 42 Pa.C.S. § 1515(a) (relating to jurisdiction and

4

venue), exclusive of interest, costs or other fees, the

5

borough may bring such action in the court of common pleas or

6

may, pursuant to 42 Pa.C.S. § 1515(a), waive that portion of

7

fines or penalties that exceed the monetary jurisdictional

8

limits so as to bring the matter within the monetary

9

jurisdiction of the magisterial district judge.

10

(6)  Ordinances may provide that any person found guilty

11

of violating an ordinance may be assessed court costs and

12

reasonable attorney fees incurred by the borough in the

13

enforcement proceedings.

14

(7)  All fines, costs, penalties, and fees collected for

15

the violation of any borough ordinance shall be paid to the

16

borough treasurer.

17

(8)  Borough council may delegate the initial

18

determination of ordinance violation and the service of

19

notice of violation to such officers or agents as the borough

20

shall deem qualified for that purpose.

21

Section 351.  Sections 3306 and 3307 of the act are

22

renumbered and amended to read:

23

Section [3306] 3322.  Commitments Pending Hearings.--Any

24

person arrested for the violation of a borough ordinance that

25

may be enforced as a summary offense may be committed to the

26

borough lockup, pending a hearing or trial, but in case there is

27

no suitable lockup in which to detain prisoners the person

28

arrested may be committed to the county jail.

29

Section [3307] 3323.  Commitments After Hearing.--Upon

30

judgment against any person by summary conviction, or by

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1

proceedings by summons on default of the payment of the fine or

2

penalty imposed and the costs, the defendant may be sentenced

3

and committed to the borough lockup for a period not exceeding

4

ten days or to the county jail [or workhouse] for a period not

5

exceeding thirty days.

6

Section 352.  Section 3308 of the act, amended March 2, 1988

7

(P.L.103, No.18), is repealed:

8

[Section 3308.  Collection of Penalties.--No fine or penalty

9

shall exceed one thousand dollars ($1,000) for a violation of a

10

building, housing, property maintenance, health, fire or public

11

safety code or ordinance and for water, air and noise pollution

12

violations, and shall not exceed six hundred dollars ($600) for

13

a violation of any other borough ordinance.]

14

Section 353.  Section 3309 of the act, repealed in part April

15

28, 1978 (P.L.202, No.53), is renumbered and amended to read:

16

Section [3309] 3324.  Payment of Costs by Borough.--When a

17

prisoner shall be committed to any county jail [or workhouse],

18

either for the nonpayment of a fine or penalty imposed for the

19

violation of any borough ordinance, or while awaiting a hearing

20

upon any charge for the violation of any borough ordinance that

21

is enforced as a summary offense, the expenses of maintaining

22

[such] the prisoner during [his] the prisoner's confinement

23

shall be paid by the borough, and the county shall not be liable

24

for any such maintenance.

25

Section 354.  Article XXXIV and subdivision (a) headings of

26

the act are repealed:

27

[ARTICLE XXXIV

28

ACTIONS BY AND AGAINST BOROUGHS

29

(a)  Municipal Claims]

30

Section 355.  Section 3401 of the act, repealed in part April

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1

28, 1978 (P.L.202, No.53), is repealed:

2

[Section 3401.  Collection of Municipal Claims.--In all

3

proceedings for the recovery of municipal claims an attorney's

4

commission of five percent may be included.]

5

Section 356.  Article XXXIV subdivision (b) heading and

6

section 3415 of the act are repealed:

7

[(b)  Defenses by Taxpayers

8

Section 3415.  Liability in Bond Transfers.--All certificates

9

of loans, issued by a borough, shall be transferable by the

10

legal owner thereof without any liability on the part of the

11

transfer agents of the borough to recognize or see to the

12

execution of any trust, whether expressed, implied, or

13

constructive, to which such loans may be subject, unless such

14

transfer agents of the borough shall have previously received

15

notice in writing signed by or on behalf of the person for whom

16

such loans appear by the certificate thereof to be held in

17

trust, that the proposed transfer would be a violation of such

18

trust.]

19

Section 357.  Article XXXV heading of the act is reenacted to

20

read:

21

ARTICLE XXXV

22

ACTS OF ASSEMBLY REPEALED; SAVING CLAUSE

23

Section 358.  Section 3501 of the act is amended to read:

24

Section 3501.  Acts of Assembly Repealed; Saving Clause.--(a)  

25

The following acts and parts of acts are hereby repealed as set

26

forth:

27

(1)  The act of May 4, 1927 [(P.L.519)] (P.L.519, No.336),

28

known as "The Borough Code," and its reenactments and amendments

29

are repealed, except that section 2, act of May 23, 1961

30

[(P.L.210)] (P.L.210, No.109), shall not be construed to be

- 493 -

 


1

repealed.

2

(2)  The act of April 14, 1875 (P.L.55, No.58), entitled "An

3

act authorizing the burgess and town council of each of the

4

several boroughs throughout this commonwealth to levy and

5

collect a gas, kerosene oil and water tax," absolutely.

6

(3)  The act of April 18, 1877 (P.L.55, No.55), entitled "An

7

act to provide through the courts of this commonwealth for the

8

erection of boroughs out of territory now included in cities of

9

the third class that have been formed by joining together two or

10

more boroughs," absolutely.

11

(4)  The act of June 16, 1891 (P.L.302, No.232), entitled "A

12

further supplement to an act approved the sixteenth of April,

13

Anno Domini one thousand eight hundred and seventy-five,

14

entitled 'An act authorizing the burgess and town council of

15

each of the several boroughs throughout this Commonwealth to

16

levy and collect a gas, kerosene oil and water tax,' amended by

17

the act approved the eighth day of May, Anno Domini one thousand

18

eight hundred and seventy-six, providing for a further amendment

19

of section second, as amended by said last mentioned act, to

20

authorize the use of the money so raised and collected for the

21

purpose of illuminating said boroughs with electric light,"

22

absolutely.

23

(5)  The act of May 2, 1901 (P.L.120, No.87), entitled "An

24

act to prevent burgesses and councilmen of the several boroughs

25

within this Commonwealth from soliciting or receiving bribes,

26

and to punish any person who may offer to bribe the same,"

27

absolutely.

28

(6)  The act of May 4, 1927 (P.L.673, No.337), entitled "An

29

act relating to purchases by boroughs," absolutely.

30

(7)  The act of April 26, 1929 (P.L.823, No.354), entitled

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1

"An act permitting boroughs to provide a method of assessment

2

for borough taxes," absolutely.

3

(8)  The act of April 11, 1931 (P.L.26, No.24), entitled "An

4

act to validate certain proceedings for municipal improvements,

5

municipal assessments, municipal claims, and municipal liens, in

6

the several boroughs of this Commonwealth, and validating such

7

improvements, assessments, claims, and liens; providing for the

8

filing of claims and liens therefor; and the proceedings for the

9

collection of such assessments and claims," absolutely.

10

(9)  The act of June 12, 1931 (P.L.559, No.192), entitled "An

11

act to authorize boroughs to sue out writs of scire facias on

12

certain municipal claims, where more than five years have

13

elapsed since said claims were filed, and to reduce such claims

14

to judgment; and providing for the revival and collection of

15

such judgments," absolutely.

16

(10)  The act of March 3, 1933 (P.L.8, No.5), entitled "An

17

act validating, ratifying and confirming acts and municipal

18

functions done, executed and performed, municipal works and

19

improvements instituted and completed, and affairs regulated by

20

boroughs in accordance with general borough laws, where such

21

boroughs were incorporated under local law, and no official

22

record of the acceptance of the general borough law is in

23

existence or can be found," absolutely.

24

(11)  The act of July 12, 1935 (P.L.721, No.282), entitled

25

"An act authorizing boroughs to construct, reconstruct, and

26

repair sidewalks, gutters, curbs, and grass plots, in cases

27

where material is paid by the abutters, and labor is furnished

28

without cost to the borough," absolutely.

29

(12)  The act of July 18, 1935 (P.L.1305, No.408), entitled

30

"An act authorizing boroughs to repay certain surcharges

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1

heretofore made against councilmen for the purchase of any fire

2

apparatus where there was no fraud, corruption, or dishonesty,

3

or profit to such councilmen, and where the borough is in

4

possession of and uses such fire apparatus," absolutely.

5

(b)  All other acts or parts of acts of Assembly supplied by,

6

inconsistent with or appertaining to the subject matter covered

7

by this act are hereby repealed. It is the intention that this

8

act shall furnish a complete and exclusive system for the

9

government and regulation of boroughs, except as to the several

10

matters enumerated in section 102 of article I of this act.

11

(c)  Nothing contained in this act shall be construed to

12

repeal:

13

(1)  Any local or special law.

14

(2)  Any of the provisions of the Public Utility [Law] Code.

15

(3)  Any of the provisions of any law relating to the

16

Navigation Commission for the Delaware River and its navigable

17

tributaries.

18

(4)  Any of the provisions of any law, the enforcement of

19

which is vested in the Department of Health of the Commonwealth

20

or of the [Sanitary Water Board] Department of Environmental

21

Protection.

22

(5)  Any of the provisions of any law the enforcement of

23

which is vested in the Department of [Forests and Waters or the

24

Water and Power Resources Board] Conservation and Natural

25

Resources.

26

(6)  Any of the provisions of the act of [June 25, 1947 (P.L.

27

1145), entitled, as amended, "An act empowering cities of the

28

second class, cities of the second class A, cities of the third

29

class, boroughs, towns, townships of the first class, townships

30

of the second class, school districts of the second class,

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1

school districts of the third class and school districts of the

2

fourth class to levy, assess, and collect or to provide for the

3

levying, assessment and collection of certain additional taxes

4

subject to maximum limitations for general revenue purposes;

5

authorizing the establishment of bureaus and the appointment and

6

compensation of officers and employes to assess and collect such

7

taxes; and permitting penalties to be imposed and enforced;

8

providing an appeal from the ordinance or resolution levying

9

such taxes to the court of quarter sessions and to the Supreme

10

Court and Superior Court," or of any of the amendments or

11

supplements to the said act.] December 31, 1965 (P.L.1257,

12

No.511), known as "The Local Tax Enabling Act."

13

(7)  The act of February 14, 2008 (P.L.6, No.3), known as the

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14

"Right-to-Know Law."

15

(8)  Any provision of 45 Pa.C.S. (relating to legal notices).

16

(9)  Any provision of 65 Pa.C.S. (relating to public

17

officers).

18

(d)  Nothing contained in this act shall be construed to

19

revive any act or part of an act heretofore repealed.

20

Section 359.  The addition of section 1104(f) of the act

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21

shall apply to officials elected or appointed to fill a vacancy

22

in an elected office after the effective date of this section.

23

Section 359 360.  This act shall take effect in 60 days.

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