THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY EICHELBERGER, RAFFERTY, ORIE, TARTAGLIONE, ERICKSON, GORDNER, ALLOWAY, WASHINGTON, BRUBAKER, WAUGH, GREENLEAF, EARLL, WOZNIAK AND PILEGGI, FEBRUARY 1, 2011

REFERRED TO LOCAL GOVERNMENT, FEBRUARY 1, 2011  

AN ACT

Amending the act of June 23, 1931 (P.L.932, No.317), entitled

"An act relating to cities of the third class; and amending,

revising, and consolidating the law relating thereto,"

further providing for sales of personal property.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1917 of the act of June 23, 1931

(P.L.932, No.317), known as The Third Class City Code, reenacted

and amended June 28, 1951 (P.L.662, No.164) and amended July 11,

1996 (P.L.647, No.109), is amended to read:

Section 1917.  Sales of Personal Property.--No city personal

property shall be disposed of by sale or otherwise except upon

approval of council by ordinance or resolution. In cases where

council shall approve a sale of city personal property, it shall

estimate the sale value of the entire lot to be disposed of. If

council shall estimate such sale value to be less than one

thousand dollars, it shall require a notice of the proposed sale

to be posted for at least ten days on the bulletin board in the

city hall, describing and itemizing the property to be sold and

directing that bids may be made thereon at the office of the

city clerk. Thereafter, council may sell such property, in whole

or in part, for the best price or prices obtainable. If council

shall estimate the sale value to be one thousand dollars or

more, the entire lot shall be advertised for sale once in at

least one newspaper, in accordance with the provisions of

section one hundred nine of this act, and sale of the property

so advertised shall be made to the best responsible bidder; and

the bids shall not be opened until at least ten days after the

said advertisement. Council may sell any such property at

auction, but the provisions as to notice contained in this

section shall be likewise observed as to the holding of such

auction sales. An auction may be conducted by means of an online

or electronic auction sale. During an electronic auction sale,

bids shall be accepted electronically at the time and in the

manner designated in the advertisement. During the electronic

auction, each bidder shall have the capability to view the

bidder's bid rank or the high bid price. Bidders may increase

their bid prices during the electronic auction. The record of

the electronic auction shall be accessible for public

inspection. The purchase price shall be paid by the high bidder

immediately or at a reasonable time after the conclusion of the

electronic auction as determined by council. In the event that

shipping costs are incurred, they shall be paid by the high

bidder. A city that has complied with the advertising

requirements of this section may provide additional public

notice of the sale by bids or auction in any manner deemed

appropriate by council. The advertisement for electronic auction

sales authorized in this section shall include the Internet

address or means of accessing the electronic auction and the

date, time and duration of the electronic auction. The

provisions of this section shall not be mandatory where city

personal property is to be traded-in or exchanged for new city

personal property.

Section 2.  This act shall take effect immediately.